HOUSE of REPRESENTATIVES—Wednesday, October 19, 2005

October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23077 HOUSE OF REPRESENTATIVES—Wednesday, October 19, 2005

The House met at 10 a.m. and was WELCOMING THE REVEREND spouse, or boyfriend this very year. Do- called to order by the Speaker pro tem- JOSEPH L. LOGRIP mestic violence is not just a family pore (Mrs. MILLER of Michigan). (Mr. FITZPATRICK of Pennsylvania issue but a criminal issue, a health f asked and was given permission to ad- issue, an American issue. Madam dress the House for 1 minute.) Speaker, America must be concerned DESIGNATION OF THE SPEAKER about what takes place in our families PRO TEMPORE Mr. FITZPATRICK of Pennsylvania. Madam Speaker, I rise today to wel- and the murder of spouses in the do- The SPEAKER pro tempore laid become to our Nation’s Capitol and to mestic violence situation. That is just fore the House the following commu- this House Chamber Father Joseph the way it is. nication from the Speaker: Logrip of Immaculate Conception Par- f WASHINGTON, DC, ish in Levittown, Pennsylvania, and to BUDGET AND IRAQ October 19, 2005. thank him for offering this morning’s I hereby appoint the Honorable CANDICE S. prayer, a custom dating back to the (Mr. EMANUEL asked and was given MILLER to act as Speaker pro tempore on Continental Congress, and one that is permission to address the House for 1 this day. minute.) J. DENNIS HASTERT, deeply embedded in the history and Speaker of the House of Representatives. tradition of this body. Mr. EMANUEL. Madam Speaker, after racking up nearly $3 trillion in f Father Logrip is a teacher, a pastor, and a spiritual leader. He has been a new debt in the past 4 years, suddenly PRAYER friend and mentor for me and for thou- this Congress has decided to become The Reverend Joseph L. Logrip, Pas- sands of others. Father Logrip’s con- budget hawks. Tomorrow we are set to tor, Immaculate Conception Church, tributions both in Bucks County and slash up to $50 billion from essential Levittown, Pennsylvania, offered the throughout our Commonwealth have investments in America in order to cut following prayer: made him an invaluable spiritual lead- taxes for the wealthiest 1 percent. To Father, all-powerful and ever-living er for Pennsylvanians of all faiths. pay for those tax cuts, we are cutting God, we do well always and everywhere Under his guidance as pastor, the health care, education, community in- to give You thanks and praise. You Church of Immaculate Conception in vestments, heating assistance, and nu- graciously share Your governance with Levittown, Pennsylvania has grown in tritional programs. American tax- us, a governance where life and free- size and in faith, and it has enriched payers all the while are being asked to dom, worship and charity, justice and the lives of its parishioners and also carry $445 billion invested in Iraq’s peace, work and ownership are the community around it. Father has war. In Iraq we have built and ren- foundational to Your eternal plan. How devoted his life to the well-being of his ovated 110 primary health care centers, awesome this governance. How de- church. He is a man of the people in a vaccinated 3.2 million children, but manding this task. working-class community. He is a right here this budget by the Repub- Give us, we beseech You, the gift of great communicator, and he is a spir- licans is cutting $10 billion from Med- wisdom, the great attendant at Your itual man who conveys his spirituality icaid. throne, for Your wisdom renders right in a very gentle and unassuming way. In Iraq we have rehabilitated 2,700 judgment and integrity of heart. We thank him for his service and for schools, trained 36,000 secondary school Keep us safe and strong. Allow our traveling to the Nation’s Capitol this teachers. In America, we are cutting governance to be pleasing in Your eyes morning and for offering the morning’s $806 million from public school funding and conformable to Your commands. prayer. and college assistance by billions of dollars. We have funded 3,100 commu- So we recognize You as the God of this f Nation and the Lord of this land. nity development projects in Iraq, but DOMESTIC VIOLENCE TAKES REAL As always, we ask this through this Congress is cutting $250 million LIVES Christ our Lord. Amen. from community development block (Mr. POE asked and was given per- grants. f mission to address the House for 1 Madam Speaker, it is our duty to re- THE JOURNAL minute and to revise and extend his rebuild Iraq, but Iraq’s future should not The SPEAKER pro tempore. The marks.) come at the expense of America’s. This Chair has examined the Journal of the Mr. POE. Madam Speaker, people die Congress should be working to leave last day’s proceedings and announces because of domestic violence: Rocio Al- America stronger in the future, not to the House her approval thereof. varado, 27, Houston. Ella Marie weaker. Pursuant to clause 1, rule I, the Jour- Broussard, 26, Houston. Ericka f nal stands approved. Cavazos, 28, Houston. Marivell Garcia, 22, Baytown. Ebony Johnson, 22, Hous- REGULATING GOVERNMENT- f ton. Keisha Joseph, 34, Houston. SPONSORED ENTITIES PLEDGE OF ALLEGIANCE Florentina Matamoros, 31, Houston. (Mr. GARRETT of New Jersey asked The SPEAKER pro tempore. Will the Maria Navarro, 37, Houston. Gloria Ann and was given permission to address gentleman from New Jersey (Mr. GAR- Ozuna, 18, Houston. Ziba Poursheykhi, the House for 1 minute.) RETT) come forward and lead the House 44, Houston. Susan Soogrim, 44, Bay- Mr. GARRETT of New Jersey. in the Pledge of Allegiance. town. Amanda Terlouw, 25, Houston. Madam Speaker, I rise today to discuss Mr. GARRETT of New Jersey led the Prudencia Vallejo, 62, Houston. an issue that may come before the Pledge of Allegiance as follows: Khadija Williams, 31, Humble. Sheila floor of this House next week. It is the I pledge allegiance to the Flag of the Marie Davis, 35, Beaumont. Joyce regulations of GSEs, Fannie Mae and United States of America, and to the Repub- Volrie, 62, Beaumont. Freddie Mac. These were institutions lic for which it stands, one nation under God, Madam Speaker, these victims were that were created by Congress with the indivisible, with liberty and justice for all. murdered by their intimate partner, main purpose of providing liquidity in

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.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23078 CONGRESSIONAL RECORD—HOUSE October 19, 2005 the mortgage market and also to pro- DEMOCRATS AND THE $61 BILLION SPENDING REDUCTIONS vide affordable housing for lower in- BARGAIN BUDGET (Mrs. BLACKBURN asked and was come families. (Mr. WILSON of South Carolina given permission to address the House Unfortunately, over the years they asked and was given permission to ad- for 1 minute and to revise and extend have left their mark, and they have dress the House for 1 minute and to re- her remarks.) been plagued by multiple accounting vise and extend his remarks.) Mrs. BLACKBURN. Madam Speaker, scandals. Mr. WILSON of South Carolina. if House liberals had their way, last I commend the chairmen, Chairmen Madam Speaker, if Democrats had year we would have spent $7.4 billion OXLEY and BAKER, for what they are their way, Americans would be forced more on social programs, and here we doing, drafting legislation to address to pay higher taxes to cover the bil- are in the middle of a war on terrorism. it; but unfortunately the bill does not lions of dollars of excessive govern- We are facing new expenses with that go far enough. The crux of the problem ment spending proposed by Democrats war. We are working to rebuild after is that there is no limit to the size of every year. Yesterday, while opposing hurricanes Katrina and Rita, and the their portfolio, their balance sheets, tax cuts for hard-working American Democrats are saying, spend more, the amount of debt they have. Right families, Democrat Leader NANCY spend more. now it is around $1.5 trillion, $1.7 tril- PELOSI conveniently forgot that her Madam Speaker, the American peo- lion in debt on their financial sheets. A party has proposed to increase the Fed- ple need to know what that means. failure in the system would mean that eral budget by $61 billion in only 3 When they say spend more, it means the savings and loan scandals of a few years. If $61 billion is a vision of fiscal the American people are going to turn years ago would pale in comparison. restraint, this is an obvious misinter- over more of their hard-earned money. I will conclude by quoting Allen pretation of the facts. Republicans in this House, from our Greenspan who testified that without As Democrats search for ways to newest Members to our leadership, are restrictions on the size of the GSE bal- spend more taxpayer money, House Re- talking about how to reduce spending. ance sheets, we put at risk our ability publicans are working hard to decrease Democrats are either staying quiet and to preserve safe and sound financial the deficit and eliminate frivolous gov- hoping to avoid this subject or simply markets in the United States. We must ernment programs. Yesterday, we an- ignoring the bottom line and calling do more to regulate and rein in our nounced a plan to terminate 98 unnec- for increases in their pet projects. GSEs. essary programs and save taxpayers Their leadership consistently fails to more than $4.3 billion. House Repub- do anything but complain and is not f licans will continue to work for fiscal endorsing spending reductions. discipline because, if left up to Minor- Enough is enough. If the liberals in PENTAGON’S SPIN MACHINE AND ity Leader PELOSI, the budget would be this body had their way, right now we THE CANCELLATION OF ED at least $61 billion larger as Democrats would be spending $60 billion more. SCHULTZ’S SHOW continue their worn-out policies of tax and spend. f (Ms. LEE asked and was given per- In conclusion, God bless our troops, mission to address the House for 1 and we will never forget September 11. UNIVERSAL HEALTH CARE minute.) (Mr. KUCINICH asked and was given Ms. LEE. Madam Speaker, according f permission to address the House for 1 to its own mandate, the Armed Forces minute and to revise and extend his re- Network is supposed to provide polit- WATER OBJECTIVES marks.) ical programming that is characterized Mr. KUCINICH. Madam Speaker, it is by fairness and balance, and should (Mr. BLUMENAUER asked and was long past the time since this Congress provide ‘‘reasonable opportunities for given permission to address the House should be passing legislation to create the presentation of conflicting views for 1 minute.) a universal single-payer system of on important controversial public Mr. BLUMENAUER. Madam Speaker, health care in the United States. This issues.’’ the turmoil surrounding the Katrina past week we saw General Motors cut Now, the Bush administration’s Pen- aftermath and some of the winds of $1 billion a year in health care ex- tagon has ignored that mandate, choos- change here in Washington, DC, ob- penses for 750,000 auto workers and re- ing to air Rush Limbaugh as its only scures the fact that every 15 seconds a tirees. People who have worked every daily political programming. This is child dies needlessly and hundreds of day of their lives and made a contribu- the same man who spent weeks millions of people worldwide are sick tion to this society are suddenly find- condoning and trivializing the abuse, from waterborne diseases. But a small ing their health care benefits dras- torture, and rape of Iraqi prisoners. bright spot is emerging for the United tically reduced. Should this be the only political voice States leadership potential on this Over 40 million Americans do not that our soldiers hear daily around the issue. I commend Senator FRIST for his have health insurance. Millions more world? personal concern and leadership in the cannot afford to pay health insurance On Monday, our soldiers were finally other body and bipartisan legislation because they are finding premiums, co- supposed to hear a differing voice, lib- co-sponsored by Democratic leader pays, and deductibles rising. It is time eral radio talk show host Ed Schultz. Senator REED. In the foreign ops bill that the government stepped in dra- However, the Pentagon called to in- there is $200 million in the Senate matically to create a single-payer sys- form Schultz minutes before his debut version dedicated for water objectives, tem. It is time that we realize that that they were pulling his show. Why? a significant increase given that we are health care is a basic right in our soci- They did not give him an answer. currently only spending $8 million in ety. It is time that we saw that we are Schultz tried to explain this decision the entire continent of Africa. already paying for universal health to his listeners, saying on Monday that We await floor action on our bill out care. We are not getting it. One out of the Pentagon does not want dissenting of the House International Relations every four dollars goes for the activi- voices or any other kind of speech un- Committee, the Paul Simon Water for ties of the for-profit system, for cor- less it is going to be promotional for the Poor Act, where Congress can act porate profits, advertising, marketing, them. to pull together the pieces for a global the cost of paperwork, 20 to 30 percent. Madam Speaker, perhaps more than water strategy. It is easily within our It is time that we stood up for the anyone else our troops abroad deserve power to meet our commitments to ex- American people and for the health of to hear all political opinions from tend safe drinking water and sanita- our people and passed H.R. 676, a uni- home. Remember, this is a democracy. tion to over a billion people in need. versal single-payer health care system.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23079 b 1015 free reign to make their products more people who got a pay raise last year, FISCAL SANITY dangerous, then by all means I urge my the people who earn over $1.3 million a colleagues to support both bills. year. (Ms. FOXX asked and was given per- However, my goal is to protect the Madam Speaker, 99 percent of the mission to address the House for 1 American people, to ensure safe busi- people in this country had their real minute and to revise and extend her re- ness practices in food production and incomes go down last year, but not marks.) in the gun industries and to preserve that group. That is who the Repub- Ms. FOXX. Madam Speaker, as a fis- the integrity of our judicial system. licans want to protect here. It is trick- cal conservative, I rise today in relief That is why I am voting ‘‘no’’ on both le-down economics. They say we need that the Democrats have not been able the Personal Responsibility in Food it now more than ever. How else are we to have their way with the Federal Consumption Act and the Protection of going to recover from Hurricane checkbook. Lawful Commerce in Arms Act. I urge Katrina? They want to give the In fact, if they would have had their my colleagues to do the same. wealthiest among us, the top one-tenth way with spending, a new report by the f of 1 percent, the millionaires, tax House Committee on Appropriations RESPONSIBLE SPENDING breaks, and they will trickle-down on released yesterday shows they would America. have increased spending by more than (Mr. PRICE of Georgia asked and was Well, the people of the Southeast $60 billion over the past 3 years. given permission to address the House have been trickled down upon. And, in Before our Nation faced the chal- for 1 minute and to revise and extend fact, some of them drowned because of lenges of the recent hurricanes, our Na- his remarks.) the incompetence of these people. tion was on track to produce more and Mr. PRICE of Georgia. Madam f our government was spending less. In Speaker, if the Democrats were in fact, last year Congress held nonsecu- charge, as they would like, they would HONORING THE LIFE OF WILLIAM rity discretionary spending to a 1 per- increase our spending this year by tens JENNINGS BRYAN DORN cent growth rate, far below inflation of billions of dollars. In fact, over the (Mr. BARRETT of South Carolina last 3 years Democrats have attempted and the previous 5-year average growth asked and was given permission to ad- to bust the discretionary budget by of 6 percent. And last year, Congress dress the House for 1 minute and to re- held nonsecurity discretionary spend- more than $60 billion. Where would we find the money for vise and extend his remarks.) ing to a 1.4 percent growth rate, less their additions for this astronomical Mr. BARRETT of South Carolina. than inflation and a major reduction amount? You know the answer because Madam Speaker, a great South Caro- from previous years. it is their answer to every single prob- linian, in fact a great American, Wil- Democrats, on the other hand, have lem, higher taxes. liam Jennings Bryan Dorn, passed no plan to reduce the deficit. While However, Republicans are looking for away at the age of 89 on August 13, they complain about budget deficits, savings from other programs, not rais- 2005. He represented the citizens of my they propose billions more in new ing taxes on hard-working Americans. district from 1947 to 1974, 13 terms, 26 spending. Their only answer is to raise Being fiscally responsible is the only years. taxes in order to have more money to answer, not just spending more money. His list of accomplishments is long spend. That is not good for the family We have an obligation to the American and impressive. Before coming to DC, checkbook or the American economy. people to restrain spending. If my col- he served as the youngest member of Madam Speaker, I ask my Demo- leagues on the other side of the aisle both the South Carolina House and the cratic colleagues to join me in restor- had their way, they would spend bil- Senate, and was a proud veteran of ing fiscal sanity. In 1997 the House lions of dollars on programs that sound World War II. During his service here passed a deficit-reduction bill with 153 perfectly wonderful; but, frankly, that on Capitol Hill, Dorn became chairman Democrat votes that saved billions. is what would be fiscally irresponsible of the House Committee on Veterans They should join us in a similar move and immoral. Affairs, and a strong advocate of mili- now. My Republican colleagues and I real- tary personnel. He worked on several f ize the importance of fiscal restraint pieces of legislation, primarily the GI bill, which has enabled countless vet- DISTORT THE TRUTH WEEK and financial responsibility, and we are erans to get a college education. ´ working to find a solution that will not (Ms. LINDA T. SANCHEZ of Cali- bury our children and grandchildren On a more personal note, before he fornia asked and was given permission under mounds of debt. I urge my col- died I had an opportunity to spend to address the House for 1 minute and leagues from across the aisle to join us some time with Representative Dorn to revise and extend her remarks.) and his family, a memory I will always ´ in this responsible and moral initia- Ms. LINDA T. SANCHEZ of Cali- tive. cherish. fornia. Madam Speaker, it is Repub- To the Dorn family, our prayers are f lican ‘‘tort reform week’’ in the House with you as you grieve, and I thank of Representatives. However, I think a APRIL FOOL’S DAY COMES EARLY you for sharing such a man of integrity more appropriate name would be ‘‘dis- TO HOUSE with us. tort the truth week.’’ (Mr. DEFAZIO asked and was given f Two bills on this week’s House cal- permission to address the House for 1 WHAT IS PRESIDENT BUSH endar, the Personal Responsibility in minute and to revise and extend his re- WAITING FOR? Food Consumption Act and the Protec- marks.) tion of Lawful Commerce in Arms Act Mr. DEFAZIO. Madam Speaker, April (Mr. FILNER asked and was given unjustly slams the courthouse doors in Fool’s Day has come early to the permission to address the House for 1 the face of injured plaintiffs. United States House of Representa- minute and to revise and extend his re- And why are we voting to shut the tives. The Republicans are in charge. marks.) doors of courthouses to legitimate They control everything, and in the Mr. FILNER. Madam Speaker, what plaintiffs? So the Republican Party can last 5 years our debt has increased 60 is President Bush waiting for? It is now give a gift to special interests and the percent to $8 trillion. That is $27,000 for blatantly clear that the President’s fast food industry and the NRA. It is every American. Well, not for every main political adviser, Karl Rove, and time to put a stop to this charade. If American, only for working Americans the Vice President’s Chief of Staff, the goal is to prevent frivolous law- because the rich are exempt from Scooter Libby, leaked a CIA agent’s suits, then punish the lawyers who file taxes. identity to the press. them. But if the goal is to give unscru- What they are talking about here, Madam Speaker, 2 years ago at the pulous food companies and gun dealers the hard-working Americans, the only beginning of the investigation, the

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23080 CONGRESSIONAL RECORD—HOUSE October 19, 2005 President said, ‘‘If there is a leak out Ms. SCHAKOWSKY. Madam Speaker, those displaced in the gulf coast and to of my administration, I want to know it is obvious what the Republican talk- finally address the issue of poverty. who it is.’’ ing points are today. If the Democrats Well, 6 weeks later and the House Re- Today all the President will say is he were in charge, how we would increase publican majority is already forgetting will not comment on it until the inves- spending and increase the debt. Well, about America’s most vulnerable. This tigation is over. If the President really guess what, Democrats were in charge week Republicans plan to cut Med- wanted to know exactly how Rove and and what happened, we ended up, after icaid, higher education, food stamps, Libby were involved, he could walk President Clinton left, with $5 trillion and possibly the earned income tax down to their offices and demand that in surpluses, surpluses as far as the eye credit. These are programs that have they answer him honestly. could see. helped the most vulnerable in our Na- There is simply no reason for Presi- We had not the deficit, but actually a tion. dent Bush to delay any longer. The surplus in the yearly budget of $236 bil- Republicans will claim that their American people and our CIA agents lion. And what has happened since? budget reconciliation bill is fiscally re- around the world need to be able to Madam Speaker, we are $8 trillion in sponsible and will cut the deficit, but trust those with top security clear- debt. From $5 trillion surplus to $8 tril- that is simply not true. This budget ac- ance. Let us not forget that both Rove lion in debt. tually raises the deficit, gives more tax and Libby continue to hold these clear- What happened to all those projected breaks to the wealthy and makes mat- ances despite the ongoing investigation surpluses every year? Oh, the Repub- ters worse for the victims of Hurricane and all of the evidence pointing to licans said that by 2005 we would have Katrina. It only took Republicans 6 their heavy involvement. a $269 billion surplus in the budget. weeks to forget the images of Hurri- Madam Speaker, it is time for the Forget it, it is $319 billion in debt. cane Katrina. They are once again put- President to take action. There is an So what are we talking about when ting the priorities of the wealthiest few ethical cloud hanging over the White we say fiscal responsibility? And how ahead of working class Americans. It is House. It is unlikely that firing these are they going to do it now, never mind now clear that Republicans learned ab- two men will remove the cloud, but it the $200 billion for the war in Iraq, let solutely nothing from Hurricane is certainly a beginning. Instead of an us not charge for building Baghdad, let Katrina. administration of neo-cons, we appar- us cut spending so we can offset re- ently have an administration of just building Biloxi. f plain cons. f f HISTORIC IRAQI ELECTIONS PROTECTING OUR BORDERS PREVENTING FISCAL DISASTER (Mr. STEARNS asked and was given (Mr. HENSARLING asked and was permission to address the House for 1 (Mr. CULBERSON asked and was given permission to address the House minute and to revise and extend his re- given permission to address the House for 1 minute and to revise and extend marks.) for 1 minute and to revise and extend his remarks.) Mr. STEARNS. Madam Speaker, over his remarks.) Mr. HENSARLING. Madam Speaker, the weekend an historic day occurred Mr. CULBERSON. Madam Speaker, I after Hurricane Katrina and Hurricane in Iraq. Millions of Iraqis took another want to thank the President of the Rita, we must ensure that a great nat- step toward democracy and turned out United States for speaking out so ural disaster of this generation does to vote for a new constitution. forcefully yesterday with Secretary not turn into a great fiscal disaster for While the final results will not be Chertoff and reiterating that they are the next. known until the end of this week, the determined to protect our borders and To pay for Federal hurricane relief, large turnout of voters and the signifi- to prevent or stop the uncontrolled there are only one of three places that cantly fewer security incidents are, flood of illegal immigration into this the money can come from: Raising therefore, a sign that Iraq is on the country. taxes on the American people, passing way to democracy. This is a law-and-order issue. I just even more debt on to our children, or Close to 63 percent of the country’s 15 returned form a visit to the Rio Grande to actually reduce the growth of Fed- million registered voters cast ballots, River, and you do not need to go to eral spending by reforming programs which is significantly more than turn Baghdad to see the war on terror. and prioritizing spending. out in the U.S. presidential elections. Nuevo Laredo is essentially a ghost Democrats want to raise taxes and Violent incidences were far less this town. Laredo is under siege. The larg- thus destroy jobs. They want to inflate election than in January. Perhaps con- est inland port in the United States, the Federal budget and thus decimate tributing to the low levels of violence Laredo, is in a state of war. It is be- the family budget. was the presence of Iraqi security sieged by narcoterrorists who are They accuse us of being fiscally irre- forces themselves. These forces were up equipped with the very best weapons sponsible, but every time we pass a 35 percent since January to almost and best equipment. budget, they offer a substitute that 200,000. The sheriff and the local authorities spends billions and billions more. They Finally, after years of oppression are outgunned and overmatched. Our claim our budget policies hurt the under Saddam Hussein, Iraqis were Border Patrol is outgunned and over- poor, but we instead have reduced the able to hold a truly fair, open election. matched. ranks of the poor by helping create 4.1 Saturday was indeed an historic day. Mr. President, thank you, sir. We million new jobs so families can in- f crease spending on housing and health need you, with the stroke of a pen, HELPING THE WEALTHIEST FEW care. Compassion for the poor is meas- please reinforce the Border Patrol. ured by the number of jobs you create, (Mr. PALLONE asked and was given Help our local law enforcement au- not the number of government checks permission to address the House for 1 thorities defend the peace and pros- you write. minute and to revise and extend his re- perity of the United States or our way of life may, indeed, change. f marks.) Mr. PALLONE. Madam Speaker, 6 Thank you, Mr. President. The Amer- FLAWED REPUBLICAN BUDGET weeks ago all Americans saw the ican people are way beyond the tipping PRIORITIES human face of poverty in the aftermath point in frustration and outrage at the (Ms. SCHAKOWSKY asked and was of Hurricane Katrina. President Bush unprotected borders and this flood of given permission to address the House vowed after the botched Federal re- illegal immigration, and we are very for 1 minute and to revise and extend sponse that the Federal Government grateful to you, sir, for stepping up to her remarks.) would do everything it could to help protect our borders.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23081 ANNOUNCEMENT BY THE SPEAKER Presidential teleconference last week? consideration of the bill (H.R. 554) to PRO TEMPORE We see the same staffer that informed prevent legislative and regulatory The SPEAKER pro tempore (Mrs. Schultz of his cancellation was the functions from being usurped by civil MILLER of Michigan). Members are ad- same woman seen coaching American liability actions brought or continued vised to address their comments to the troops last week in what was supposed against food manufacturers, market- Chair and not to the President. to be an unscripted conversation with ers, distributors, advertisers, sellers, our troops in Iraq. Schultz was critical and trade associations for claims of in- f of that stage show. jury relating to a person’s weight gain, A SIGNIFICANT STEP TOWARDS President Bush says our troops are obesity, or any health condition associ- DEMOCRACY IN IRAQ fighting to bring democracy to Iraq. It ated with weight gain or obesity, with would be nice if our own troops could Mrs. MILLER of Michigan in the chair. (Mr. KINGSTON asked and was given exercise some of that freedom. The Clerk read the title of the bill. permission to address the House for 1 The CHAIRMAN. Pursuant to the minute.) f rule, the bill is considered read the Mr. KINGSTON. Madam Speaker, I ANTI-TERRORISM INSURANCE first time. want the previous speaker to know Under the rule, the gentleman from that I think I can get a Members tour (Mrs. MALONEY asked and was given Wisconsin (Mr. SENSENBRENNER) and for both of us to the White House if my permission to address the House for 1 the gentleman from North Carolina friend wants to join me sometime. I minute.) (Mr. WATT) each will control 30 min- will get back with the gentleman from Mrs. MALONEY. Madam Speaker, utes. Washington on that. our leaders are telling us on both sides The Chair recognizes the gentleman I want to say in Iraq this weekend, it of the aisle that terrorism is here to from Wisconsin (Mr. SENSENBRENNER). was a historic and very significant day: stay. If they believe that, if they know Mr. SENSENBRENNER. Madam over 60 percent voter turnout to adopt that, then why are we not preparing for Chairman, I yield myself such time as a new constitution; less violence than it? I may consume. ever before on the election compared to Anti-terrorism insurance passed this Madam Chairman, I rise in support of June; greater participation by every- House after 9/11 and put this country H.R. 554, the Personal Responsibility in body, including the Sunni minority. on a stronger economic foundation, and Food Consumption Act of 2005. It is my hope that the constitution it is set to expire this January. Busi- The food service industry employs will pass and that in December we will nesses in my district are telling me some 12 million people, making it the have an election and the new govern- that if their policies have expired since Nation’s largest private sector em- ment will take hold. And under that September, they cannot find coverage ployer. This vital sector of our econ- new government, their troops, of which anywhere in the United States of omy has recently come under attack we have trained 177,000, can start tak- America; they are seeking insurance in by lawsuits alleging it should pay mon- ing a bigger role in the war and then England. etary damages based upon legal theo- our troops can step back and draw Part of homeland security, part of ries holding it liable for the over- down. being prepared or not is putting our consumption of its products. H.R. 554, the Personal Responsibility Last weekend was very significant. It economic policy in shape. And an im- in Food Consumption Act, would cor- is too bad the press is begrudgingly portant part of homeland security is rect this disturbing trend. Introduced only covering good stuff when it comes anti-terrorism insurance. It is impor- by the gentleman from Florida (Mr. to Iraq, but do not let the day go by tant to the economic foundation of this KELLER), this legislation would gen- without realizing its significance. A country. It is important to combating erally prohibit frivolous obesity- or great election, great participation, less terrorism. We need to extend it. We weight gain-related claims against the violence, a significant step towards de- need to do it now. The program expires food industry. It would, however, allow mocracy. in January. obesity-related claims to go forward in f f several circumstances, including cases CANCELLATION OF LIBERAL GENERAL LEAVE in which a State or Federal law was RADIO SHARE ON AN UNBAL- Mr. SENSENBRENNER. Mr. Speak- broken and as a result a person suf- ANCED ARMED FORCES NET- er, I ask unanimous consent that all fered harm. Under H.R. 554, cases could WORK Members may have 5 legislative days go forward in which a company violates an expressed contract or war- (Ms. WATSON asked and was given within which to revise and extend their remarks and include extraneous mate- ranty. permission to address the House for 1 Also, because H.R. 554 applies only to rial on H.R. 554. minute.) claims based on weight gain or obesity, The SPEAKER pro tempore (Mr. CUL- Ms. WATSON. Madam Speaker, today lawsuits could still proceed if, for ex- BERSON). Is there objection to the re- our troops abroad have very few ample, someone gets sick from con- quest of the gentleman from Wis- choices when they turn on their radios. suming tainted food. If they are looking for political talk on consin? This legislation passed the House of the Armed Forces Network, all they There was no objection. Representatives during the 108th Con- get is the conservative spin machine f gress in the form of H.R. 339 with a from Rush Limbaugh. That was all sup- large bipartisan vote of 276 to 139. posed to change on Monday when lib- PERSONAL RESPONSIBILITY IN According to a recent Gallup Poll, eral radio talk show host Ed Schultz’s FOOD CONSUMPTION ACT OF 2005 ‘‘Nearly nine in 10 Americans oppose show was set to debut. The SPEAKER pro tempore. Pursu- holding the fast-food industry legally However, 15 minutes before our sol- ant to House Resolution 494 and rule responsible for diet-related health diers could finally hear a differing XVIII, the Chair declares the House in problems of people who eat that kind of opinion, the Pentagon abruptly can- the Committee of the Whole House on food on a regular basis . . . those who celled the show. Ed Schultz’s producer the State of the Union for the consider- describe themselves as overweight are received a call from a Pentagon official ation of the bill, H.R. 554. no more likely than others to blame informing him that the show would not the fast-food industry for obesity-re- b 1036 be debuting on AFN. lated health problems or to favor law- Why exactly is the Pentagon keeping IN THE COMMITTEE OF THE WHOLE suits against the industry.’’ our troops from hearing differing opin- Accordingly, the House resolved As one judge put it: ‘‘If a person ions? Could it be that the Pentagon is itself into the Committee of the Whole knows or should know that eating copi- a little embarrassed by the staging of a House on the State of the Union for the ous orders of supersized McDonald’s

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23082 CONGRESSIONAL RECORD—HOUSE October 19, 2005 products is unhealthy and may result powers, support the principle of per- drafted to apply to private lawsuits, in weight gain, it is not the place of sonal responsibility, and help protect and is a vast departure from the origi- the law to protect them from their own the largest private sector employer in nal purpose of this bill and the prob- excesses.’’ the United States. I urge all my col- lems it was designed to deal with. Even the Los Angeles Times has edi- leagues to support this important leg- Since the predecessor to H.R. 554 was torialized against such lawsuits, stat- islation. first introduced last term, 18 State leg- ing: ‘‘If kids are chowing down to ex- Madam Chairman, I reserve the bal- islatures have enacted so-called cheese- cess on junk food, aren’t their parents ance of my time. burger laws to prohibit certain claims responsible for cracking down? And if Mr. WATT. Madam Chairman, I yield from their courts. While most of those parents or other grown-ups over- myself such time as I may consume. enacted apply retroactively, others, indulge, isn’t it their fault, not that of Madam Chairman, I rise in opposi- that is, Kansas, Arizona, Colorado, do the purveyors of fast food? . . . Why tion to this legislation. And as I said not. Some provide for a stay of dis- boost their food bills just because of the last time we debated it, I do not covery; others do not. Some establish legal jousting? People shouldn’t get rise because I am a supporter of frivo- affirmative defenses; others do not. stuffed, but this line of litigation lous lawsuits or lawsuits even that That is our State law taking effect. should.’’ some of the people have used the legal In short, in the considered judgment The threat posed to our national system to pursue. I rise in opposition of each of these 18 State legislatures, economy is clear. Personal injury at- to the bill because I think it is an over- laws have been enacted that best serve torney and obesity lawsuit litigator reaction; and, indeed, I think it is per- their States. The bill completely pre- John Banzhaf said recently, ‘‘You may haps an ultimate attestation to the empts those laws and brings to a not like it . . . but we’ll find a judge. fact that many of my colleagues have screeching halt the work of 26 other And then we’ll find a jury’’ that will lost confidence and faith in the legal States that have been working on find restaurants liable for their cus- system on the one hand or that, regard- pending legislation. It also disrupts the tomers’ overeating. According to news less of what the legal system does, if it process in some States that have com- reports of a recent legal conference, a does not yield for them the result that bined obesity bills with menu labeling panel of four lawyers argued that the they are seeking, they are willing to requirements as part of their overall overweight lawsuit movement ‘‘would compromise any principle that they health enhancing legislative scheme. need to extend beyond the obvious tar- have professed to stand for to achieve What is the price that we are willing gets like restaurants, fast-food chains, the result that they wish to achieve. to pay to get the result that we are and food manufacturers to bring about H.R. 554 goes much further than its seeking? Have we lost confidence in our substantial policy changes . . . ’’ stated purpose of banning the small State and Federal court systems that Dr. Gerald Musante, a clinical psy- handful of private suits brought have systematically thrown out most chologist who trained at Duke Univer- against the food industry. It also bans of the lawsuits that have been filed sity Medical Center, has worked for suits for harm caused by dietary sup- against the food industry using this more than 30 years with thousands of plements and mislabeling, which have ‘‘fat theory,’’ as it is commonly re- obese patients. He is the founder of the nothing to do with excess food conferred to? Have we lost confidence in Structure House, a residential weight sumption; and it would prevent State our whole federalist form of govern- loss facility in Durham, North Caro- law enforcement officials from bring- ment in which tort law has been par- lina. Dr. Musante said the following at ing legal claims to enforce their own ticularly the province of the States? a hearing in the other body on this leg- consumer protection laws. Have we lost confidence in our State islation: ‘‘Through working with obese Simply look at the provisions of the legislatures that are in the middle of patients, I have learned that the worst bill. Section 4(5) would prevent any responding in their particular States to thing one can do is to blame an outside legal action related to any ‘‘health any problems that may be on the hori- force to get themselves ‘off the hook,’ condition that is associated with a per- zon in this area? to say it’s not their fault and that they son’s weight gain or obesity.’’ We have instead cast ourselves as the are a victim . . . Congress has rightly imperial Congress because the same b 1045 recognized the danger of allowing people who came to this Congress, say- Americans to continue blaming others As a result, the bill would prevent ing that they believe in States rights, for the obesity epidemic. It is impera- persons who develop heart disease and have now shown they do not care about tive that we prevent lawsuits from diabetes from dietary supplements States rights. What they want is a re- being filed against any industry for an- such as Ephedra and Phen-fen from sult that they can control and they can swering consumer demands.’’ being able to obtain redress if they dictate. Even the chairman of the American gained weight. Even worse, the bill That is really what this bill is about, Council for Fitness and Nutrition, bans these lawsuits in a retroactive and it is unfortunately not only this Susan Finn, has written that ‘‘if you’re way. So it would throw out dozens of bill. There is another bill right behind obese, you don’t need a lawyer; you Ephedra and Phen-fen cases currently this one that will be up today or to- need to see your doctor, a nutritionist, pending before courts. This is a far cry morrow that does the same thing in and a physical trainer. Playing the from the concerns that led to this leg- the gun context. courtroom blame game won’t make islation originally, some of which I So I do not think we are going to anyone thinner or healthier . . . ’’ have the same concerns about. hear a lot of people out here talking Besides threatening to erode values H.R. 554 would also prevent State law about this bill today. I do not see many of personal responsibility, the lawsuit enforcement officials from enforcing people on the floor. It will be like a campaign against the food industry their own laws. Under section 4(3), the tree falling in the forest. We do not threatens the separation of powers. Na- bill applies to legal actions brought by know whether it is having any impact tionally coordinated lawsuits seek to any ‘‘person,’’ and the term ‘‘person’’ is out there or not. We will pass it out of accomplish through litigation what has defined to include any ‘‘governmental here. It will become a political vehicle not been achieved by legislation and entity.’’ That means States attorneys to cozy up to the food industry, but at the democratic process. As one master- general will be prevented from pur- what price? At what price? mind behind the lawsuits against the suing actions for deceptive practices I would just say the people who food industry has stated, ‘‘If the legis- and false advertising and other prac- maintain that H.R. 554 is necessary to latures won’t legislate, then the trial tices that are illegal against the food make people responsible for their own lawyers will litigate.’’ industry. choices and to thwart the unwarranted Madam Chairman, the Personal Re- Again, this is a vast departure from imposition of legal costs and fees on sponsibility in Food Consumption Act most of the so-called tort reform bills the food industry are just not being up- will help preserve the separation of considered by the Congress, which are front with us about this one.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23083 This bill insulates an entire industry meant for that reason. It is really pret- voted to retroactively change the law from liability; and more importantly, ty simple. If you eat too much, you get to fix the result on behalf of the bank. it undermines our State judicial and fat. It is your fault. Do not try to Later today, as my colleague from legislative systems that should be and blame somebody else. North Carolina has pointed out, the are in the process of dealing with this Mr. WATT. Madam Chairman, I yield House will probably pass legislation to to the extent that they have identified 5 minutes to the gentleman from Vir- fix the result in firearms legislation so it as a problem. ginia (Mr. SCOTT). that the firearms industry will get to In that sense, the bill represents yet Mr. SCOTT of Virginia. Madam try their cases and their issues in the another arrogant attempt by this Con- Chairman, I thank the gentleman for legislative branch, rather than being gress to impose its will on the States, yielding me time. stuck with the law that applies to ev- and I urge my colleagues to get a grip Madam Chairman, in addition to the erybody else. and understand what we are about to violation of principles of federalism Mr. Chairman, trying cases in the do here. There are some things that are outlined by my colleague from North legislative branch is bad policy. We more important, and our judicial sys- Carolina, this piece of legislation is an- should honor the rule of law and apply tem is working its way through these other piece in which we are taking the law in all cases. There will always cases, is dismissing them where they upon ourselves the right to try a case be special interests, but we should not need to be dismissed; and where that is in the legislative branch instead of re- make special laws for those who can not happening, our State legislatures specting the separation of powers by get to a Congressman to introduce a are taking care of this problem. This is allowing cases to be tried in the judi- bill on their behalf. Let us honor and not a Federal issue, nor should it be. cial branch where they belong. respect the rule of law to be applied I urge opposition to the bill. Instead of respecting separation of equally to all and reject this legisla- Madam Chairman, I reserve the bal- powers and honoring the rule of law tion. Mr. SENSENBRENNER. Mr. Chair- ance of my time. and standing behind the principle that man, I yield 3 minutes to the gen- Mr. SENSENBRENNER. Madam laws should be applied equally to all, tleman from Utah (Mr. CANNON). Chairman, I yield 2 minutes to the gen- we are once again giving special treat- Mr. CANNON. Mr. Chairman, I thank tleman from Ohio (Mr. CHABOT). ment to special cases. the gentleman from Wisconsin for the Mr. CHABOT. Madam Chairman, I The majority in Congress has appar- time. am pleased to be a cosponsor of this ently already decided the proper out- Unfortunately, the food industry has legislation that will help curtail frivo- come of these cases and is adjusting been targeted by a variety of un- lous lawsuits. It is reassuring to see the law accordingly just for these founded legal claims which allege busi- the Congress is taking measures to cases, rather than trusting our laws nesses should pay monetary damages help rid our court system of lawsuits and our courts to hear evidence from and be subject to equitable remedies that are costly and hurt those con- both sides and decide the cases on their based on novel legal theories of liabil- sumers and businesses in our country. merits. If these are losing cases, then ity for the overconsumption of its legal Twelve million people in this country let the judicial process make that deci- products. are employed by businesses in the food sion. Even if they are frivolous cases, Obesity is a problem in America, but industry, making it the Nation’s larg- the judicial branch has ways to sanc- it is not evident that the availability est private sector employer. This is an tion people for bringing frivolous cases; of high-fat food or restaurants are the industry that has a direct impact on but once again, special interests are re- sole cause. A number of studies have the Nation’s economy, and these fast- ceiving, in these cases, special treat- shown that a lack of physical activity, food obesity lawsuits are opposed by ment. that is, not exercising, has contributed nearly nine in 10 Americans. Instead of having to go through the to the rise of obesity and not solely The idea that holding the food indus- courts like everybody else, where they one’s caloric intake. try liable for the excess of some indi- do not know the outcome of the case In the Subcommittee on Commercial viduals will combat obesity is un- until evidence is presented and the law and Administrative Law, which I founded. Individuals, not restaurants, is applied, these defendants will get to chaired last Congress, we explored the are responsible for food choices that try their cases in the legislative threat the food industry and its work- they make freely in their own daily branch, where popularity and politics ers face from frivolous litigation, the lives. prevail. Even financial contributions threat to personal responsibility posed In addition, the food addressed by are allowed. by the proliferation of such litigation, this legislation is legal and unadulter- Meanwhile, everyone else without and the need for passage of the Per- ated, and the rights of individuals to special privileges is stuck trying their sonal Responsibility in Food Consump- pursue lawsuits resulting from claims cases in the courts, where they have an tion Act. like the mislabeling of food or food unbiased judge and jury, instead of fa- b 1100 safety issues is preserved. Our country vorable politicians, and they are stuck Since the gentleman from Florida has a history of providing its citizens with the same law that applies to ev- (Mr. KELLER) introduced a similar bill with a safe and affordable food supply. erybody else. last year, 21 States have passed laws It is unacceptable to make arguments This is not the only recent example banning these so-called obesity law- that certain types of food that are sold of special treatment. Just a few suits. in certain types of restaurants as a re- months ago, we changed the law for The opponents of this bill will claim sult of consumer demand are somehow Terri Schiavo because her parents that this shows that Congress should dangerous and that the average con- knew how to reach someone in Con- not intervene. In reality, it means we sumer must bear the burden in higher gress; and we ignored the multitude of must. Without a complete ban on these food costs because of the overindul- judicial decisions that had already frivolous lawsuits, rogue trial lawyers, gence by some individuals who file been decided, and we changed the law and I have many trial lawyers who are these types of lawsuits. for that case, not cases like that, just friends and who work very hard to get This bill is not about whether fast for that case. the appropriate kind of compensation food causes obesity. The bill is about A few years ago, in a child custody for people who are injured, but many of self-responsibility. case in the Washington, DC, area that these rogue trial lawyers will forum Today, the Congress of the United case was decided by special legislative shop until they find a State and a dis- States is saying to a select group of language in a transportation appro- trict that gets them the exorbitant lawyers that laws are not intended to priations bill. The Committee on Edu- payday that they seek. protect people from these types of ex- cation and the Workforce likewise con- I would remind my colleagues that cesses, from essentially eating too sidered a case on appeal between the John Banzhaf, an attorney who testi- much, and the courtrooms were never Department of Labor and a bank and fied last year against this bill, stated

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23084 CONGRESSIONAL RECORD—HOUSE October 19, 2005 in 2003, ‘‘Somewhere, there is going to American jobs, it is important that we include all food additives, no matter be a judge and a jury that will buy this, not allow opportunistic trial lawyers how small amounts, and the fact that and once we get the first verdict, as we to extort money from legitimate com- the great majority of food additives did with tobacco, it will open the flood- panies. have zero caloric intake and would gates.’’ This bill also protects our Nation’s have no relationship to obesity, I think It is unlikely that lawsuits against farmers and ranchers from the poten- that is a flaw in the bill. That leads to food establishments over their menus tially far-reaching effects of these law- the second point. will make us healthier. Such lawsuits suits. American agriculture produces The bill specifically mentions weight will threaten thousands of jobs and, the safest, most affordable and abun- gain and obesity. Well, I think most of more importantly, such lawsuits send dant food supply in the world and us have a sense of what obesity is. the wrong message regarding personal should be protected from trial lawyers’ Weight gain is a whole different issue, choices and personal responsibility. Do attempts to reach as far up the food and weight gain may occur not from we want our kids growing up believing chain as possible with unfounded obesity, not from getting fat, not from it is always someone else’s fault? claims seeking unjust enrichment. putting on too many calories; weight Mr. Chairman, it is not only impor- While preventing frivolous claims, gain can occur for a variety of medical tant, but also fundamental that Ameri- this legislation would protect legiti- reasons related to a variety of different cans have access to courts to address mate lawsuits. It would allow claims to causes. their legitimate wrongs and the harms go forward in several circumstances, For example, I mean probably all of that they cause. The trial bar serves an including cases in which a State or us have had a mom or a grandmom or invaluable purpose in helping average Federal law was broken. Other types of an uncle to whom we say, hey, I no- Americans gain rightful and propor- food-related lawsuits not dealing with ticed your legs are swelling again. tionate compensation when harm is obesity would also be protected. Fluid retention. Fluid retention. Now, done. However, frivolous lawsuits such The American public understands the that can be from a variety of causes. as the ones this legislation seeks to importance of this effort. According to That is not from increased caloric in- prevent serve only to undermine our a recent Gallup poll, almost 90 percent take. That could have been, for exam- legal system and those who truly need of Americans oppose holding res- ple, from a food additive, maybe a its protections and the moral fiber of taurant owners responsible for the cause that was not known to the public Americans who should be self-reliant diet-related health problems of regular of some kind of additive in something and responsible for their choices. fast food consumers. that they had eaten or drank. It may Mr. Chairman, I urge my colleagues H.R. 554 is a common sense bill that have been something that interfered to support the underlying bill, H.R. 554. will protect legitimate businesses from with one of their medications and led Mr. WATT. Mr. Chairman, I reserve frivolous lawsuits, and I urge my col- to fluid retention. I am just making up the balance of my time. leagues to support this important leg- hypotheticals here. Or, the hypo- Mr. SENSENBRENNER. Mr. Chair- islation. thetical, perhaps you have something man, I yield 3 minutes to the gen- Mr. WATT. Mr. Chairman, I yield 5 that is actually a heart poison from some food additive that has no calories tleman from Virginia (Mr. GOODLATTE), minutes to the gentleman from Arkan- in it, zero calories in it, but over a pe- the chairman of the Committee on Ag- sas (Mr. SNYDER). riculture. Mr. SNYDER. Mr. Chairman, I appre- riod of time does bad things to the abil- Mr. GOODLATTE. Mr. Chairman, I ciate this discussion today. The points ity of your heart to function. The rise in strong support of H.R. 554, the I want to make are really more in the pump does not work so well, you start Personal Responsibility in Food Con- spirit of questions. I come out of a having fluid retention. What happens? You put on weight. As a family doctor, sumption Act, and I thank the gen- State legislative body where the pro- one of the reasons when you go in, I tleman from Wisconsin for moving this ponents of a bill such as the gentleman would weigh people, as you want to see legislation to the floor. This legisla- from Wisconsin would have to undergo what is going on with their fluid station will help prevent frivolous law- a rigorous, almost cross-examination. tus. That is weight gain. suits that allege that the consumption We function here differently. But I do Under this bill, which I believe is so of lawful food products caused injuries have some questions, and I think I will broadly written, it would include those resulting from obesity or weight gain. just present them in my comments and kinds of situations. The word ‘‘calorie’’ The food service industry employs if somebody wants to comment on or ‘‘caloric intake’’ or ‘‘caloric con- some 11.7 million people, making it the them they can. tent’’ is nowhere in this bill, and I Nation’s largest employer outside of I heard one of the previous speakers again refer my colleagues, it is not in the government. However, this vital in- say, well, this is a simple bill. If you the bill itself, you have to go to the dustry has recently come under attack eat something and get fat, you should code, the term ‘‘food’’ means, articles by waves of lawsuits arguing that it be responsible for it. I think that is the used for food or drink for man or other should be liable for the misuse or attitude of the great majority of Amer- animals, chewing gum, and articles ‘‘over-consumption’’ of its legal food icans, that you should be responsible used for components of any such arti- products by others. for what you eat. But I want to make cle. It is common sense that individuals two broad points. Anything you drink, anything in it, should take responsibility for their First of all, I want to read the defini- regardless of caloric intake, is covered own dietary and eating habits. Unfor- tion of food, and it refers to another by this bill. Anything that leads to tunately, trial lawyers have ulterior section of code. It is very short. This is weight gain is covered by this bill, even motives for these lawsuits. They have from section 201(f), 21 U.S.C. 301, sec- if it has nothing to do with caloric in- made their intentions quite clear, call- tion 201(f). ‘‘The term ‘food’ means (1) take. I think that is far abroad. I think ing the fast food industry the next to- articles used for food or drink for man this is probably one of the reasons why bacco. They estimate potential profits or other animals, (2), chewing gum, and it died in the Senate and will die again, of $40 billion from obesity-related law- (3) articles used for components of any but I would encourage people to look at suits. It is crucial that something be such article.’’ these kinds of details if there is intent done to guard against these aggressive So we are having a discussion here to move this bill forward. attacks. today about the fact, as the previous Mr. SENSENBRENNER. Mr. Chair- These ill-conceived lawsuits require speaker had said, it is simple, you eat, man, I yield 2 minutes to the gen- businesses to devote hard-earned dol- you get fat, you should be responsible. tleman from Pennsylvania (Mr. MUR- lars to litigate unmerited claims. In The problem is, this bill language PHY). order to help ensure that America con- makes no reference to only the caloric Mr. MURPHY. Mr. Chairman, I thank tinues to be a good place to do busi- containing components of food. It is the chairman for yielding me this ness, and to help create and maintain very deliberately written I believe to time.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23085 Mr. Chairman, opponents of this leg- The State legislatures are respond- related health problems, is the latest blow to islation have said we do not need this ing. Mr. Chairman, there are 26 pending the ethos of personal responsibility that is fun- bill. They said, we need a debate on laws out there in the States. A number damental in a free society. After all, McDon- health care, and I am pleased to engage of them have different components, dif- alds does not force anyone to eat at its res- in that debate. I am reminded of the ferent nuances. Some of them are ret- taurants. Whether to make Big Macs or salads book that talks about everything I roactive, some of them are not. What- the staple of one’s diet is totally up to the indi- need to know in life I learned in kin- ever happened to our belief that the vidual. Furthermore, it is common knowledge dergarten. I have learned a few things State legislatures, the States are a lab- that a diet centering on super-sized cheese- here. oratory of good legislation? I thought burgers, French fries, and sugar-filled colas is Lawsuits do not lower obesity rates. that is what my colleagues who are not healthy. Therefore, there is no rational Lawsuits do not improve the nutrition supporting this bill believed in more basis for these suits. Some proponents of law- habits of children. Lawsuits do not re- heartily than anything else they came suits claim that the fast food industry is ‘‘prey- duce the $127 million annual medical to Congress to talk about. When it is ing’’ on children. But isn’t making sure that costs that our Nation incurs on obe- convenient for them, when it is conven- children limit their consumption of fast foods sity-related conditions in children and ient for them, there is no more impor- the responsibility of parents, not trial lawyers? the increase in obesity rates. tant mantra to them than the mantra Will trial lawyers next try to blame the manu- Mr. Chairman, parents need to teach of States rights. What are we doing to facturers of cars that go above 65 miles per their children at early ages to eat States rights here, in an area that hour for speeding tickets? healthy meals and to establish exercise throughout history has been the prov- Congress bears some responsibility for the routines for their families. School dis- ince of the States? decline of personal responsibility that led to tricts need to make sure they have I do not understand. We cannot be so the obesity lawsuits. After all, Congress cre- gym classes and serve the right kinds intent on getting a particular result, so ated the welfare state that popularized the no- of food as an option. Proper diet and results-oriented that we disregard ev- tion that people should not bear the costs of exercise will help reduce medical com- erything that we have set up in place their mistakes. Thanks to the welfare state, plications that are increasingly com- to deal with problems of this kind: Our too many Americans believe they are entitled mon in children, such as hypertension, judiciary, our State legislatures, our to pass the costs of their mistakes on to a diabetes, high cholesterol, and heart common sense. third party—such as the taxpayers or a cor- disease which were once found almost Mr. SCHWARZ of Michigan. Mr. Chairman, poration with ‘‘deep pockets.’’ exclusively in adults. I rise today in strong support of H.R. 554, the While I oppose the idea of holding food In my years working as a psycholo- Personal Responsibility in Food Consumption manufacturers responsible for their customers’ gist and oftentimes consulting with Act. misuse of their products, I cannot support ad- courts, I have yet to find a court that As a physician, and just as someone who dressing this problem by nationalizing tort law. can replace a parent. When will we can read the data, I can tell you that we have It is long past time for Congress to recognize learn we cannot litigate compassion, an epidemic of obesity in this country. Obesity that not every problem requires a Federal so- we cannot mandate common sense, and is a serious health problem, with very serious lution. This country’s founders recognized the we certainly cannot legislate personal consequences. genius of separating power among Federal, responsibility. The most important step we can take to State, and local governments as a means to H.R. 554 will do more than restrict curb obesity is to impart to everyone in this maximize individual liberty and make govern- lawsuits against food and manufactur- country that obesity can be controlled when ment most responsive to those persons who ers for weight-related cases. It forces we take personal responsibility. A healthy and might most responsibly influence it. This sepa- us to take personal responsibility for consistent diet, with an adequate amount of ration of powers strictly limits the role of the ourselves and our families and put a exercise, will work wonders. That’s the simple Federal Government in dealing with civil liabil- priority on establishing healthy life- truth. ity matters; and reserves jurisdiction over mat- styles. We must get away from the notion there is ters of civil tort, such as food related neg- Here are the facts. If you touch a anything remotely approaching a quick fix to ligence suits, to the State legislatures. flame, you are going to get burned. If obesity. Maintaining a healthy lifestyle requires you eat a lot and do not exercise, you a life-long dedication to one’s own well-being. Finally, Mr. Chairman, I would remind the are going to gain weight. We need to A lawsuit will not help anyone lose weight. Al- food industry that using unconstitutional Fed- take personal responsibility for that. lowing consumers to sue their local restaurant, eral powers to restrict State lawsuits makes it The bill before us directly protects to sue half the food industry, means that we more likely those same powers will be used to individual freedoms of all Americans are telling our citizens, ‘‘It’s not your fault that impose additional Federal control over the from a tiny minority who try to ex- you are obese.’’ food industry. Despite these lawsuits, the ploit the legal system for personal Mr. Chairman, that’s the wrong tack to take. number one threat to business remains a Fed- gain. I strongly support H.R. 554, and I I support this legislation because it sends the eral government freed of its Constitutional re- commend the chairman for his work. message to everyone in the United States, straints. After all, the Federal government im- Mr. WATT. Mr. Chairman, I yield young and old, that taking control of your poses numerous taxes and regulations on the myself such time as I may consume. weight is your responsibility, and taking per- food industry, often using the same phony This is where I think we are. Some of sonal responsibility is the only way that weight ‘‘pro-consumer’’ justifications used by the trial us are frustrated by some of the litiga- control can be achieved. lawyers. Furthermore, while small business, tion that has taken place in this area. I commend the gentleman from Florida, Mr. such as fast-food franchises, can move to an- I said it when we debated this bill the KELLER, and Chairman SENSENBRENNER, for other State to escape flawed State tax, regu- last time on the floor. I am not a fan of their work on this legislation, and I urge pas- latory, or legal policies, they cannot as easily fat litigation either, but sometimes we sage of the bill. escape destructive Federal regulations. Un- have to be patient enough in a legisla- Mr. PAUL. Mr. Chairman, Congress is once constitutional expansions of Federal power, no tive body to let the institutions that again using abusive litigation at the State level matter how just the cause may seem, are not are supposed to work, work. They are as a justification nationalizing tort law. In this in the interests of the food industry or of lovers working. Most of the lawsuits that case, the Personal Responsibility in Food of liberty. have been filed in this area have been Consumption Act (H.R. 554) usurps State ju- In conclusion, while I share the concern dismissed. Most of them have been dis- risdiction over lawsuits related to obesity over the lawsuits against the food industry that missed. That is what the courts are for. against food manufacturers. inspired H.R. 554, this bill continues the dis- We do not always get the result we Of course, I share the outrage at the obesity turbing trend of federalizing tort law. Enhanc- want, but the courts are there to make lawsuits. The idea that a fast food restaurant ing the power of the Federal government is in a determination of what results are ap- should be held legally liable because some of no way in the long-term interests of defenders propriate and not under the laws that its customers over indulged in the restaurant’s of the free market and Constitutional liberties. exist. products, and thus are suffering from obesity- Therefore, I must oppose this bill.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23086 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Mr. HENSARLING. Mr. Chairman, I rise violated State or Federal law. For instance, since 1970. And everyone knows how much today in support of H.R. 554, the Personal Re- those in the food industry who fraudulently or harder it is to eat healthily when they eat out. sponsibility in Food Consumption Act. deceptively market or sell low-fat products that Little wonder children eat almost twice as You may have heard about the overweight are not really low-fat should be held account- many calories when they eat at a restaurant maintenance worker from New York, who able but this measure would let them off the as they do when they eat at home—studies sued McDonald’s, Wendy’s, Burger King, and hook. Lawsuits aimed at unscrupulous tactics have shown that even trained nutritionists can- KFC for causing his two heart attacks and dia- help to change the behavior of the bad actors not estimate the calorie and fat content in a betes. Or the class-action lawsuit against in the industry we should allow our legal sys- meal they do not prepare themselves. McDonald’s where the lawyers named children tem to process these legitimate cases. We need to be creative. For instance, I will as the defendants. Mr. Chairman, our legal system has multiple be reintroducing legislation shortly, The Meal These stories may sound funny, but the procedural safeguards to ensure that frivolous Education and Labeling Act, that would extend facts show these types of frivolous lawsuits litigation is thrown out and that meritorious the kind of nutrition labeling you find on pack- bankrupt businesses, deplete pensions, gouge claims are preserved. That is why I oppose aged foods at the store to include foods at fast consumers and deprive Americans with real H.R. 554. food and other chain restaurants. It would re- complaints access to their day in court. Mr. STARK. Mr. Chairman, I rise in opposi- quire these chain restaurants to list calories, American consumers actually pay $1,200 tion to the Personal Responsibility in Food saturated plus trans fat and sodium on printed more for goods and services every year be- Consumption Act because I don’t think that menus and calories on menu boards, giving cause of lawsuit abuse. Studies also found any industry should have the right to conduct consumers the necessary nutritional informa- that the cost of litigation accounts for one-third its business without the oversight of the judi- tion to make healthy choices for themselves. of the price of an 8-foot aluminum ladder, it cial system. What the lawyer-bashers don’t That is the kind of balanced, innovative ap- doubles the price of a football helmet, it adds want you to know is that frivolous lawsuits, by proach this body should be considering today $500 to the sticker price of a new car, and in- definition, get thrown out of court. In other to address obesity—that would be a real step creases the cost of a pacemaker by $3,000. words, the much-feared million-dollar settle- toward helping encourage personal responsi- We all end up paying a huge price for lawsuit ment for someone who eats 12 Big Macs a bility in food consumption while protecting in- abuse. day is not going to happen. dustry and our Mom n’ Pop restaurants. In- But perhaps the most potentially disastrous That’s why there are only a few obesity stead, as we have seen countless times be- effect of frivolous lawsuits is the cost of Amer- cases in court right now and why the only rea- fore, this majority has again chosen to use a ican jobs. American businesses are a con- son we’re considering this bill today is be- very important public health issue to pursue a sistent target of frivolous claims, which bleed cause the well-heeled McDonald’s Corporation narrow and completely unrelated political the essential capital they need to create jobs. doesn’t want to face a legitimate lawsuit for agenda. And with such a lawsuit happy nation, many false advertising. Many of the pending cases Mr. Chairman, we should do something companies simply choose to pack up shop are for false advertising, claiming food is low about obesity in this country by empowering and move overseas. fat when it’s really not, and this bill is so people to make informed decisions for them- At what point will we say enough is broadly worded that it would preclude such selves. But this bill is not the way to go about enough? At what point will we start supporting cases from going forward. it. personal responsibility and stop supporting The threat of legitimate lawsuits against Mr. WATT. Mr. Chairman, I yield personal injury lawyers? fast-food corporations is as much a part of back the balance of my time. Options on a menu do not lead to obesity, creating social change as is the threat of a Mr. SENSENBRENNER. Mr. Chair- but unhealthy habits do. At what point are we Congressional investigation. I believe that both man, I yield back the balance of my going to stop the frivolous lawsuits from per- are equally legitimate and democratic. We time. sonal injury trial lawyers that are simply trying wouldn’t want judges to ban us from holding The Acting CHAIRMAN (Mr. PUT- to make an easy buck off of overweight Ameri- hearings and nor should we ban them from NAM). All time for general debate has cans? hearing cases expired. Mr. Chairman, I urge all my colleagues to Even more important than the issue of obe- Pursuant to the rule, the committee pass H.R. 554. Let’s take a stand for personal sity or Congressional meddling in the judicial amendment in the nature of a sub- responsibility and freedom. Let’s stamp out branch is the fundamental right of every Amer- stitute printed in the bill shall be con- frivolous lawsuits. Let’s preserve the integrity ican to have their day in court. Even if you eat sidered as an original bill for the pur- of our judicial system, and let’s stop personal 12 Big Macs a day, you have a right to plead pose of amendment under the 5-minute injury trial lawyers from ripping off American your case before a judge. And the judge has rule, and shall be considered read. The text of the committee amend- consumers. the right to throw the case out, but Congress ment in the nature of a substitute is as Mr. HONDA. Mr. Chairman, I rise today to has no business preemptively closing the follows: express my concern that we are again dealing courthouse doors to a particular group of with a notion that there is a crisis in our courts Americans. H.R. 554 with obesity lawsuits. H.R. 554, the so-called Ms. DELAURO. Mr. Chairman, encouraging Be it enacted by the Senate and House of Rep- ‘‘Personal Responsibility in Food Consumption personal responsibility is something we all resentatives of the United States of America in Congress assembled, Act’’ is a measure that seeks to give federal support in this institution—particularly with re- SECTION 1. SHORT TITLE. immunity to food manufacturers, sellers, and spect to rising rates of obesity. With two-thirds This Act may be cited as the ‘‘Personal Re- advertisers for obesity-related claims. The re- of premature deaths in the U.S. due to poor sponsibility in Food Consumption Act of 2005’’. ality is there is only one such pending suit in nutrition, physical inactivity and tobacco use, SEC. 2. FINDINGS; PURPOSE. the entire country, so I am hard pressed to Americans do need to be more mindful of (a) FINDINGS.—Congress finds that— see why we need to take up this measure what they put in their bodies. (1) the food and beverage industries are a sig- today, especially since there are so many But with only 12 percent of Americans eat- nificant part of our national economy; other important issues we need to address. ing a healthy diet and diabetes rates having (2) the activities of manufacturers and sellers of foods and beverages substantially affect I do not think it is the role of the United risen 61 percent in the last decade alone, it is interstate and foreign commerce; States Congress to intervene in every indi- becoming increasingly clear that Congress is (3) a person’s weight gain, obesity, or a health vidual and private issue in America. Our Na- abdicating a responsibility of its own—we are condition associated with a person’s weight gain tion is plagued by childhood obesity and heart failing to fashion policies that support Ameri- or obesity is based on a multitude of factors, in- disease, and we should be looking into real cans’ efforts to adopt healthier lifestyles. cluding genetic factors and the lifestyle and solutions to this problem, we should not be fo- Instead of shielding companies from litiga- physical fitness decisions of individuals, such cusing our efforts on getting rid of one lawsuit tion, we should be giving people the informa- that a person’s weight gain, obesity, or a health currently pending against a fast food outlet. tion they need to make the informed choices condition associated with a person’s weight gain or obesity cannot be attributed to the consump- Furthermore, the language in H.R. 554 is so that exercise that personal responsibility. tion of any specific food or beverage; and broad it would cut off legitimate claims against Today, Americans are eating out more fre- (4) because fostering a culture of acceptance the food industry, even where the industry quently, spending about half of their food dol- of personal responsibility is one of the most im- acted to deceive the public and even where it lars at restaurants—a figure that has doubled portant ways to promote a healthier society,

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23087 lawsuits seeking to blame individual food and 201(f) of the Federal Food, Drug, and Cosmetic b 1115 beverage providers for a person’s weight gain, Act (21 U.S.C. 321(f))). AMENDMENT NO. 1 OFFERED BY MR. obesity, or a health condition associated with a (5) QUALIFIED CIVIL LIABILITY ACTION.— SENSENBRENNER person’s weight gain or obesity are not only le- (A) IN GENERAL.—Subject to subparagraph gally frivolous and economically damaging, but (B), the term ‘‘qualified civil liability action’’ Mr. SENSENBRENNER. Mr. Chair- also harmful to a healthy America. means a civil action brought by any person man, I offer an amendment. (b) PURPOSE.—The purpose of this Act is to against a manufacturer, marketer, distributor, The Acting CHAIRMAN (Mr. PUT- allow Congress and regulatory agencies to deter- advertiser, or seller of a qualified product, or a NAM). The Clerk will designate the mine appropriate laws, rules, and regulations to trade association, for damages, penalties, de- amendment. address the problems of weight gain, obesity, claratory judgment, injunctive or declaratory The text of the amendment is as fol- and health conditions associated with weight relief, restitution, or other relief arising out of, lows: gain or obesity. or related to a person’s accumulated acts of con- Amendment No. 1 offered by Mr. SENSEN- SEC. 3. PRESERVATION OF SEPARATION OF POW- sumption of a qualified product and weight BRENNER ERS. gain, obesity, or a health condition that is asso- : Page 4, line 8, strike ‘‘(B)’’. (a) IN GENERAL.—A qualified civil liability ac- ciated with a person’s weight gain or obesity, including an action brought by a person other Page 5, line 9, strike ‘‘(B)’’. tion may not be brought in any Federal or State Page 5, line 12, insert ‘‘for each defendant than the person on whose weight gain, obesity, court. and cause of action’’ before the dash. or health condition the action is based, and any (b) DISMISSAL OF PENDING ACTIONS.—A quali- Page 5, line 13, insert ‘‘and the specific derivative action brought by or on behalf of any fied civil liability action that is pending on the facts alleged to satisfy each element of the person or any representative, spouse, parent, date of the enactment of this Act shall be dis- cause of action’’ before the semicolon. missed immediately by the court in which the child, or other relative of that person. Page 5, line 15, strike ‘‘were allegedly vio- (B) EXCEPTION.—A qualified civil liability ac- action was brought or is currently pending. lated;’’ and insert ‘‘allegedly create the tion shall not include— (c) DISCOVERY.— cause of action; and’’. (1) STAY.—In any action that is allegedly of (i) an action based on allegations of breach of Page 5, line 16, strike ‘‘the specific facts’’ the type described in section 4(5)(B) seeking to express contract or express warranty, provided and all that follows through the end of line impose liability of any kind based on accumula- that the grounds for recovery being alleged in 19 and insert ‘‘the section 4(5)(B) exception tive acts of consumption of a qualified product, such action are unrelated to a person’s weight being relied upon and the specific facts that the obligation of any party or non-party to gain, obesity, or a health condition associated allegedly satisfy the requirements of that make disclosures of any kind under any appli- with a person’s weight gain or obesity; exception.’’. cable rule or order, or to respond to discovery (ii) an action based on allegations that— requests of any kind, as well as all proceedings (I) a manufacturer or seller of a qualified The Acting CHAIRMAN. Pursuant to unrelated to a motion to dismiss, shall be stayed product knowingly violated a Federal or State House Resolution 494, the gentleman prior to the time for filing a motion to dismiss statute applicable to the marketing, advertise- from Wisconsin (Mr. SENSENBRENNER) and during the pendency of any such motion, ment, or labeling of the qualified product with and the gentleman from North Caro- intent for a person to rely on that violation; unless the court finds upon motion of any party lina (Mr. WATT) each will control 5 that a response to a particularized discovery re- (II) such person individually and justifiably relied on that violation; and minutes. quest is necessary to preserve evidence or to pre- The Chair recognizes the gentleman vent undue prejudice to that party. (III) such reliance was the proximate cause of (2) RESPONSIBILITY OF PARTIES.—During the injury related to that person’s weight gain, obe- from Wisconsin (Mr. SENSENBRENNER). pendency of any stay of discovery under para- sity, or a health condition associated with that Mr. SENSENBRENNER. Mr. Chair- graph (1), the responsibilities of the parties with person’s weight gain or obesity; or man, I yield myself such time as I may regard to the treatment of all documents, data (iii) an action brought by the Federal Trade consume. compilations (including electronically recorded Commission under the Federal Trade Commis- Mr. Chairman, this manager’s sion Act (15 U.S.C. 41 et seq.) or by the Federal or stored data), and tangible objects shall be amendment makes technical changes governed by applicable Federal or State rules of Food and Drug Administration under the Fed- eral Food, Drug, and Cosmetic Act (21 U.S.C. to the section of the bill that sets forth civil procedure. A party aggrieved by the failure the information plaintiffs must provide of an opposing party to comply with this para- 301 et seq.). (6) SELLER.—The term ‘‘seller’’ means, with in order for a judge to determine graph shall have the applicable remedies made respect to a qualified product, a person lawfully available by such applicable rules, provided that whether the lawsuit is banned by the engaged in the business of marketing, distrib- no remedy shall be afforded that conflicts with bill or allowed to go forward under one uting, advertising, or selling a qualified prod- the terms of paragraph (1). of the bill’s exceptions. uct. (d) PLEADINGS.—In any action that is alleg- These minor changes are meant to (7) STATE.—The term ‘‘State’’ includes each of edly of the type described in section 4(5)(B) the several States of the United States, the Dis- provide a judge with a clear under- seeking to impose liability of any kind based on trict of Columbia, the Commonwealth of Puerto standing of the type of information the accumulative acts of consumption of a qualified Rico, the Virgin Islands, Guam, American judge is to consider in deciding a mo- product, the complaint initiating such action Samoa, and the Commonwealth of the Northern tion to dismiss under H.R. 554. shall state with particularity— (1) each element of the cause of action; Mariana Islands, and any other territory or The pleading provision in H.R. 554 is (2) the Federal and State statutes or other possession of the United States, and any polit- meant to apply to any action claiming laws that were allegedly violated; ical subdivision of any such place. obesity-related damages, and this (8) TRADE ASSOCIATION.—The term ‘‘trade as- (3) the specific facts alleged to constitute the amendment makes clear that the claimed violation of law; and sociation’’ means any association or business organization (whether or not incorporated under pleading requirements will apply to all (4) the specific facts alleged to have caused cases seeking obesity-related damages. the claimed injury. Federal or State law) that is not operated for (e) RULE OF CONSTRUCTION.—No provision of profit, and 2 or more members of which are man- Also adding the phrase ‘‘for each de- this Act shall be construed to create a public or ufacturers, marketers, distributors, advertisers, fendant and cause of action’’ clarifies private cause of action or remedy. or sellers of a qualified product. that a judge must apply H.R. 554’s SEC. 4. DEFINITIONS. The Acting CHAIRMAN. No amend- pleading requirements to each specific In this Act: ment to the committee amendment is claim. This prevents a plaintiff from (1) ENGAGED IN THE BUSINESS.—The term ‘‘en- in order except those printed in House improperly using a claim that is not gaged in the business’’ means a person who Report 109–249. Each amendment may barred by H.R. 554 as a means of pur- manufactures, markets, distributes, advertises, be offered only in the order printed in suing obesity-related claims that are or sells a qualified product in the person’s regular course of trade or business. the report, by a Member designated in barred by the bill against the same or (2) MANUFACTURER.—The term ‘‘manufac- the report, shall be considered read, other defendants. This change would turer’’ means, with respect to a qualified prod- shall be debatable for the time speci- prevent entire industries from being uct, a person who is lawfully engaged in the fied, equally divided and controlled by ensnared in lawsuits where the rel- business of manufacturing the product. the proponent and an opponent of the evant facts relate to only one com- (3) PERSON.—The term ‘‘person’’ means any amendment, shall not be subject to pany. individual, corporation, company, association, amendment and shall not be subject to Finally, other technical changes firm, partnership, society, joint stock company, or any other entity, including any governmental a demand for division of the question. would simply ensure consistency by entity. It is now in order to consider amend- using the same terms in the pleading (4) QUALIFIED PRODUCT.—The term ‘‘qualified ment No. 1 printed in House Report sections as are used elsewhere in the product’’ means a food (as defined in section 109–249. bill.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23088 CONGRESSIONAL RECORD—HOUSE October 19, 2005 I would ask all of my colleagues to qualified product, or a trade association, health problems. Yet there is no simi- support these common sense, technical against any person,’’. lar protection against consumers who amendments. The Acting CHAIRMAN. Pursuant to may desire to petition these griev- Mr. Chairman, I reserve the balance House Resolution 494, the gentlewoman ances. of my time. from Texas (Ms. JACKSON-LEE) and the It allows the industry to willy-nilly Mr. WATT. Mr. Chairman, I yield gentleman from Utah (Mr. CANNON) and randomly sue consumers. This myself such time as I may consume. each will control 5 minutes. amendment is necessary to ensure that Mr. Chairman, normally when we see The Chair recognizes the gentle- the public debate on the health and nu- a manager’s amendment come to the woman from Texas (Ms. JACKSON-LEE). tritious effects of mass-marketed food floor, it is an improving amendment. Ms. JACKSON-LEE of Texas. Mr. and products is not completely Unfortunately this one makes a bad Chairman, I yield myself such time as quelched by this bill. bill actually worse than it was origi- I may consume. In 1996, Oprah Winfrey was sued nally drawn, and it does so in this way. Mr. Chairman, let me thank my dis- under my home State’s food disparage- There are already pleading require- tinguished ranking member of the sub- ment laws by the beef industry for ments in every State, and basically committee, the gentleman from North comments she made following the first what this amendment does is make Carolina (Mr. WATT) both for his kind- mad cow scare this country witnessed, those pleading requirements higher for liness and his astuteness. albeit she was denied her first amend- the food industry than for anybody else Let me thank the chairman of the ment rights. in America. And, in essence, where you full committee, the gentleman from After years of litigation in my State, end up is that lawyers who represent Wisconsin (Mr. SENSENBRENNER), and transfer of her television show to Texas people who are claiming to have a the ranking member of the full com- and expenditure of over $1 million, Ms. cause of action are not only now, under mittee, the gentleman from Michigan Winfrey prevailed at trial and on appeal. Proponents of this bill assert that this language, called upon to represent (Mr. CONYERS), which gives me a the food industry will incur significant their clients and make a reasonable ef- chance to catch my breath. costs defending frivolous lawsuits. fort to determine whether there is a We were in a Homeland Security hearing which is going on, as many of They took Ms. Winfrey to court, the basis for their claim, they have to be trial lawyers, but neglect the the jury also. They have to go out and my colleagues know, assessing the circumstances with Hurricane Rita and straggering costs that may be borne by decide, are there enough facts here on private citizens should they dare ques- each and every cause of action against Hurricane Katrina. I know the gentleman from Wis- tion the health effects of any qualified each and every defendant to win this food product under this bill. Where are case and win it profoundly. They have consin (Mr. SENSENBRENNER) is well aware of great intention in our com- the first amendment rights and con- to allege specific facts. sumer rights? My amendment ensures mittee to always work together, and so I mean, that is the kind of stuff that that what is good for the geese is good I offer this amendment recognizing normally gets done at a trial if a case for the gander. Those advancing that my colleagues will consider this even gets that far. Most of these cases healthy diets by discouraging the con- as an opportunity to work together. are being dismissed really. So most of sumption of certain foods, their right, One could argue that in the backdrop them are not going to get that far any- their constitutional right, even though of Hurricane Wilma now reaching a way. I come from a beef State, because of Category 5, that this Congress should But I am not sure what role dis- their adverse effects perceived on a be addressing many, many other issues, covery or any other aspect of our legal person’s health and weight gain, should particularly enhanced funding for process is playing anymore if we pass not be subjected to litigation from the homeland security, and, of course, how this manager’s amendment. This is food industry while it stands immu- we can do things better. much, much more than a technical nized from any accountability under This legislation that is before us amendment. This is a very substantive this bill. amendment. And, unfortunately, I needs to be improved. My amendment Again, I wish we were on the floor think it makes a bill that is already a would prohibit the food industry, talking about restoring the drastic very, very bad bill, it makes it a very, which enjoys broad immunity under cuts in the budget reconciliation bill very, very bad bill. I oppose this this bill, from initiating lawsuits that deal with health care and deal amendment. against any person for damages or with housing and deal with the various Mr. Chairman, I yield back the bal- other relief due to injury or potential issues of education and special grants ance of my time. injury based on a person’s consumption to help the least of those, but we are on Mr. SENSENBRENNER. Mr. Chair- of a qualified product, and weight gain, the floor talking about McDonald’s and man, I yield back the balance of my obesity, or any health condition that is Burger King, certainly friends of young time. associated with a person’s weight gain parents who, through their professions The Acting CHAIRMAN. The ques- or obesity. and other responsibilities did a lot of tion is on the amendment offered by In essence, this is an amendment to eating at Burger King and McDonald’s, the gentleman from Wisconsin (Mr. protect against consumer retaliation. but it does not in any way give them SENSENBRENNER). My colleagues realize that this par- the privilege of denying consumer The amendment was agreed to. ticular bill, whether or not it rises to rights and the rights of consumers not The Acting CHAIRMAN. It is now in the level of a national crisis or even to be retaliated against because they order to consider amendment No. 2 needs fixing, really immunes, if you have expressed their viewpoint and the printed in House Report 109–249. will, the vast fast food industry. rights of the first amendment. AMENDMENT NO. 2 OFFERED BY MS. JACKSON- Now, those of us who have raised I do not recall any hue and cry in LEE OF TEXAS children during this timeframe will this body during or in the aftermath Ms. JACKSON-LEE of Texas. Mr. never know until the final tests are in, against Ms. Winfrey to ban food liabil- Chairman, I offer an amendment. studies are done 10 and 20 years from ity suits. The system worked. But if we The Acting CHAIRMAN. The Clerk now, as to whether or not the eating of are to end the public’s right to a jury will designate the amendment. fast food that many of us took our trial on issues of food safety, we cannot The text of the amendment is as fol- young children to for play and excite- end the public’s right to freedom of lows: ment, is going to be long-lasting in its speech by leaving food critics, who play damage. an important role in educating the Amendment No. 2 offered by Ms. JACKSON- LEE of Texas: But yet we believe that this industry public, as I close, stimulating positive Page 6, line 24, insert after ‘‘trade associa- now needs a blanket protection from change on good sound eating habits. tion,’’ the following: ‘‘or a civil action those who may be negatively impacted, I ask my colleagues to support this brought by a manufacturer or seller of a obesity, weight gain or any other amendment.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23089 Mr. Chairman, this amendment would pro- sue because they got fat. But whatever The Acting CHAIRMAN (Mr. PUT- hibit the food industry—which enjoys broad the intent of the amendment is, the NAM). The gentleman from Utah has 2 immunity under this bill—from initiating law- fundamental problem is that corpora- minutes remaining. suits against any person for damages or other tions cannot gain weight and suffer Mr. CANNON. Mr. Chairman, I yield 1 relief due to injury or potential injury based on from obesity, which is the term used in minute to the gentlewoman from Texas a person’s consumption of a qualified product the bill. A corporation, for example, (Ms. JACKSON-LEE). and weight gain, obesity, or any health condi- cannot eat too much and a trade asso- Ms. JACKSON-LEE of Texas. Mr. tion that is associated with a person’s weight ciation cannot gain weight over the Chairman, I simply ask the question, gain or obesity. holidays. in this bill consumers are left vulner- This amendment is necessary to insure that For all of these reasons this amend- able, and I would ask the gentleman the public debate on the health and nutritious ment should be defeated. would he not work with me in this effects of mass marketed food products is not Mr. Chairman, I yield the balance of amendment to ensure that they are not completely squelched by this bill. my time to the gentleman from Texas left vulnerable as we are protecting our In 1996, Oprah Winfrey was sued under my (Mr. SMITH). fast-food industry? home State’s ‘‘food disparagement’’ laws by Mr. SMITH of Texas. Mr. Chairman, I Mr. CANNON. Mr. Chairman, will the the beef industry for comments she made fol- oppose this amendment but support the gentlewoman yield? lowing the first ‘‘Mad cow’’ scare this country underlying bill, H.R. 554, the Personal Ms. JACKSON-LEE of Texas. I yield witnessed. After years of litigation, transfer of Responsibility in Food Consumption to the gentleman from Utah. her television show to Texas, and an expendi- Act. Mr. CANNON. I am not sure when we It is an important piece of legislation ture of over one million dollars, Ms. Winfrey would work together on the amend- that continues a series of tort reform prevailed at trial and on appeal. ment. I suppose perhaps in conference measures considered in Congress this Proponents of this bill assert that the food we could work on the issue, but I am year. We passed this bill during the industry will incur significant cost defending loath to commit the chairman to that 108th Congress, and we should pass it ‘‘frivolous’’ lawsuits by the trial lawyers, but process. again today. I am an original cosponsor neglect the staggering costs that may be Ms. JACKSON-LEE of Texas. I thank of H.R. 554, which will prevent a few borne by private citizens should they dare the gentleman. I just want to acknowl- lawyers from seeking to destroy an- question the health effects of any ‘‘qualified edge that the bill does not protect con- other industry that employs millions food product’’ under this bill. sumers, and I ask Members to support My amendment insures that what’s good for of people and provides a welcome serv- my amendment. the geese is good for the gander. Those ad- ice to individuals who choose to use it. Mr. CANNON. Mr. Chairman, I yield In general, the bill prohibits weight vancing healthy diets by discouraging the con- back the balance of my time. gain related claims against the food in- sumption of certain foods because of their ad- The Acting CHAIRMAN. The ques- dustry. It allows such claims only verse effects on a person’s health and weight tion is on the amendment offered by where a person gained weight as a regain should not be subject to litigation from the gentlewoman from Texas (Ms. sult of the food industry breaking a the food industry while it stands immunized JACKSON-LEE). State or Federal law. I remember in from any accountability under this bill. The question was taken; and the Act- 2002, when individuals filed a lawsuit I don’t recall any hue and cry in this body ing Chairman announced that the noes against McDonald’s alleging that the during or in the aftermath of the lawsuit appeared to have it. fast food chain had made them over- against Ms. Winfrey to ban food libel laws. Ms. JACKSON-LEE of Texas. Mr. weight and unhealthy. Chairman, I demand a recorded vote. The system worked. But if we are to end the I remember thinking that people public’s right to a jury trial on issues of food The Acting CHAIRMAN. Pursuant to should take responsibility for their clause 6 of rule XVIII, further pro- safety, we cannot end the public’s right to own eating habits. But it is no longer freedom of speech by leaving food critic who ceedings on the amendment offered by just one suit against one company. the gentlewoman from Texas (Ms. play an important role in educating the public, Now there are suits against all types of stimulating positive change, and promoting JACKSON-LEE) will be postponed. the 900,000 restaurants in the food in- The Acting CHAIRMAN. The Com- sound eating habits open to lawsuits from an dustry from small local eateries to immunized industry. mittee will rise informally. giant fast food chains. The SPEAKER pro tempore (Mr. This amendment addresses this concern We must set a limit as to what litiga- TERRY) assumed the Chair. and insures that every American can engage tion is allowed. A nonfrivolous claim in or has access to an open and honest de- should proceed, but a suit dictating the f bate on matters of public health. food choices of Americans should be MESSAGE FROM THE SENATE Once again, Mr. Chairman, I urge my col- stopped before it is even filed. A message from the Senate by Ms. leagues to support my amendment. The reality is that restaurant meals Mr. CANNON. Mr. Chairman, I yield Curtis, one of its clerks, announced will change according to what people that the Senate has passed a bill of the myself such time as I may consume. prefer to eat. In recent years we have Mr. Chairman, the amendment was following title in which the concur- seen fast food chains add more healthy rence of the House is requested: defeated last year on the floor by voice choices, like salad and fruit, to their vote. It should be defeated again this S. 1886. An act to authorize the transfer of menus, but people should have the free- naval vessels to certain foreign recipients. year. This amendment would add to dom to eat what they want. the list of qualified civil liability ac- The SPEAKER pro tempore. The tions that cannot be brought under the b 1130 Committee will resume its sitting. bill, civil actions brought by a manu- Mr. Chairman, we should encourage f facturer or seller of a qualified product personal responsibility and healthy PERSONAL RESPONSIBILITY IN or trade association against any person eating in our society, but we should FOOD CONSUMPTION ACT OF 2005 for obesity-related claims. not encourage lawsuits that blame oth- Whatever the rhetorical purpose the ers for our own choices and that could The Committee resumed its sitting. sponsor of this amendment seeks to ac- bankrupt entire industries. Because The Acting CHAIRMAN (Mr. PUT- complish, it should be defeated because Americans should have the freedom to NAM). It is now in order to consider it is badly drafted, and in the context eat what they want and because we amendment No. 3 printed in House Re- of the bill, its application would be should take responsibility for our own port 109–249. nonsensical. The bill only operates to actions, I support the passage of the AMENDMENT NO. 3 OFFERED BY MR. FILNER prohibit lawsuits brought by people be- Personal Responsibility in Food Con- Mr. FILNER. Mr. Chairman, I offer cause they ate too much and got fat. sumption Act. an amendment. The amendment would add corpora- Mr. CANNON. Mr. Chairman, how The Acting CHAIRMAN. The Clerk tions to the list of those who cannot much time remains? will designate the amendment.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23090 CONGRESSIONAL RECORD—HOUSE October 19, 2005 The text of the amendment is as fol- fore the need of our children. Today, eating, they can become millionaires. lows: the younger generation faces a litany This amendment manages to exploit Amendment No. 3 offered by Mr. FILNER: of health issues that generations before children and discourages parents from At the end of the bill, add the following just never did. Heart disease, high exercising parental responsibility all new section: blood pressure, hypertension, joint at the same time. It literally would SEC. ll. LIMITATION. problems, asthma, diabetes and cancer hold food companies liable when par- Notwithstanding any other provision of are on the increase with these young ents buy their kids a six-pack of kid this Act, this Act does not apply to an action children; and a steady diet of fast food meals every day for 8 years. Adopting brought by, or on behalf of, a person injured at or before the age of 8, against a seller is the last thing they need. Unfortu- this amendment would turn the Per- that, as part of a chain of outlets at least 20 nately, fast food restaurants are bom- sonal Responsibility in Food Consump- of which do business under the same trade barding our children with advertise- tion Act into the Parent Irrespon- name (regardless of form of ownership of any ments that encourage overconsumption sibility Act. outlet), markets qualified products to mi- of unhealthy eating choices. Even the ultra-liberal Los Angeles nors at or under the age of 8. The average child views 20,000 tele- Times has stated this is wrong, saying The Acting CHAIRMAN. Pursuant to vision commercials every year. That is in an editorial: ‘‘If kids are chowing House Resolution 494, the gentleman about 55 a day. More disturbingly, the down to excess on junk food, aren’t from California (Mr. FILNER) and the commercials for candy, snacks, sugared their parents responsible for cracking gentleman from Utah (Mr. CANNON) cereals and other food with poor nutri- down? And if parents and other grown- each will control 5 minutes. tional content far out-number commer- ups overindulge, isn’t it their problem, The Chair recognizes the gentleman cials for more healthy food choices. So not that of the purveyors of fast food? from California (Mr. FILNER). it is not just a matter of individual re- Why boost their food bills because of il- Mr. FILNER. Mr. Chairman, the pur- sponsibility, of individual choice when legal jousting? People shouldn’t get pose of this amendment today is two- we are talking about young children stuffed, but this line of litigation fold: one, to protect young children under 8. should.’’ and, two, to force better accountability Studies indicate that these children Even our best obesity doctors realize from the fast food industry. are more susceptible to advertising and that this amendment is another sad as- My amendment exempts those 8 even less likely to understand the pur- sault on the concept of parental re- years of age and under from the provi- pose of this advertising. So why is so sponsibility. As Dr. Jana Klauer, a fel- sions of this bill as it relates to fast much advertising at home done during low at the New York City Obesity Re- food restaurants. the cartoon hours? It is no coincidence search Center of St. Luke’s Roosevelt Mr. Chairman, in 2001 the U.S. Sur- that major fast food chains routinely Hospital has said, ‘‘I just wonder where geon General proclaimed childhood run their advertisements during this were the parents when kids were hav- obesity a health issue rivaling ciga- time. Experts in this field unequivo- ing these McDonald’s breakfasts every rette smoking. The Surgeon General cally state that the fear of litigation morning. Were they incapable of pour- further stated that the rate of over- and regulation prompts the industry to ing a bowl of cereal and some milk?’’ weight children in America doubled in rethink how it markets and sells food Let us do what we did last year and the past 20 years and tripled among its to children. This has been evidenced by defeat this parental irresponsibility adolescents. But apparently few here in some of the recent changes made with- amendment by voice vote. Washington seem to have taken notice in the industry. Mr. Chairman, I reserve the balance or cared, and predictably rates have Unfortunately, the bill as presently of my time. continued to rise across the country. written forecloses the opportunity to Mr. FILNER. Mr. Chairman, I yield Today, one in three children is over- hold the industry accountable and thus myself the balance of my time. weight. Yes, Mr. Chairman, I said one puts any future improvements in jeop- Mr. Chairman, my friend from Utah in three, almost 35 percent. And what ardy, assuring continued high rates of (Mr. CANNON) should be writing adver- has been Congress’s response to the childhood obesity, leaving me to won- tisements for the fast food industry. growing epidemic? Has it provided der whether we in Congress are here to Throwing out red herrings, probably more funding for obesity awareness or represent the people or big business. which would not give us obesity, about tried to implement programs to im- The bill is entitled Personal Respon- families becoming millionaires and all prove nutrition in schools? No. Instead, sibility in Food Consumption Act. Per- this stuff. It is just a side show. Congress brings forwards a bill to im- sonal responsibility is a two-way We are talking about young children. munize fast food companies. Where is street: both the consumer and the ex- Sure, they ought to make the right the logic? ecutives of the industry, both should choice and, sure, their parents ought to Those supporting the bill talk about act in a personally responsible manner. make the right choices; but the pres- choice, the freedom to eat. Well, we are So I ask my colleagues to join me in sure is on them through television. talking about young children and, of supporting this amendment to hold Parents cannot always be there. The course, we want them to eat correctly, fast food companies accountable and to schools are bringing in the fast food healthy, and that is not the primary protect our young children. restaurants so they can make some responsibility of the fast food industry. Mr. Chairman, I reserve the balance more money and they encourage it. Childhood obesity is best tackled at of my time. And lastly and most importantly, the home through improved parental in- Mr. CANNON. Mr. Chairman, I yield advertising that is aimed at these chil- volvement, increased physical exercise, myself such time as I may consume. dren: Where is the responsibility for better diet and restraint from eating. The gentleman makes a valid point the adults who are running these ad- However, as a parent, as a grand- that we have a lot of obese children. I vertisements? They are aimed at our parent, as a former educator, I know think it is actually more like 40 per- children. that these practices alone when we are cent in some recent studies I have seen. Mr. CANNON. Mr. Chairman, I yield dealing with young children are insuffi- This is a terrible problem, but I urge myself the balance of my time. cient. We will never control this rising the Members to defeat this amend- Mr. Chairman, I urge my colleagues epidemic without greater account- ment. It was defeated by voice vote to defeat this amendment. There is a ability from the food industry. last year, and it should be defeated problem in America. There is no ques- Congress is headed in the wrong di- again this year. tion but that there is a problem. We do rection with this bill which removes The gentleman from California (Mr. not solve that problem by shifting re- any and all incentives from the food in- FILNER) also talks about the account- sponsibility to corporations. It would dustry to improve their products for ability of the food industry; but this be good if corporations did perfect children. Congress has allowed the amendment tells parents that if they things, but we live in an imperfect greed of big corporations to come be- are not responsible for their children’s world where parents have the ability to

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If private claims are friv- and industry cannot do. I urge my col- attorneys general from enforcing those olous and should be blocked, then we leagues to reject this amendment. laws. It will not just stop the indi- should not encourage States to bring Mr. Chairman, I yield back the bal- vidual fast food lawsuits that my col- them either. This bill only applies to ance of my time. leagues have been discussing, but be- lawsuits arising out of or related to The Acting CHAIRMAN. The ques- cause a person who may be a plaintiff obesity and weight gain. tion is on the amendment offered by is defined in the bill to include govern- State consumer protection statutes the gentleman from California (Mr. mental agencies, it will prevent States are not intended to cover these kinds FILNER). from getting injunctions, cease and de- of claims. In fact, not a single State The question was taken; and the Act- sist orders, or imposing fines against consumer protection law allows a State ing Chairman announced that the noes those who endanger consumers. agency to sue for damages because appeared to have it. It is important to note that not only someone got fat from eating too much. Mr. FILNER. Mr. Chairman, I de- money damages are precluded by the However, because the amendment im- mand a recorded vote. bill. Rather, the bill refers to damages, plies State consumer protection laws The Acting CHAIRMAN. Pursuant to penalties, injunctive or declaratory re- do allow lawsuits in which the claim is clause 6 of rule XVIII, further pro- lief, restitution or other relief, all are obesity or weight gain, courts may well ceedings on the amendment offered by prohibited forms of relief that will no read it to grant all State agencies new the gentleman from California (Mr. longer be available to State attorneys powers to use their State consumer FILNER) will be postponed. protection laws to seek damages It is now in order to consider amend- general if this bill passes without my against the food industry for obesity- ment No. 4 printed in House Report amendment. related claims. That is directly con- 109–249. The exception for a ‘‘knowing’’ violation is not enough. State deceptive trary to the purpose of this bill. It AMENDMENT NO. 4 OFFERED BY MR. SCOTT OF would not be right to allow States to VIRGINIA practices are just like the Federal Mr. SCOTT of Virginia. Mr. Chair- Trade Commission Act. They allow use their consumer protection laws in man, I offer an amendment. civil enforcement actions whether or ways they cannot use them now, name- The Acting CHAIRMAN. The Clerk not the defendant willfully or know- ly, to sue the food industry for obesity- will designate the amendment. ingly violated the law. In fact, food la- related claims. Consequently, this The text of the amendment is as fol- beling and deceptive practices have amendment should be defeated. lows: often exacted strict liability, that is, if In any case, section 4(5)(b) of H.R. 544 Amendment No. 4 offered by Mr. SCOTT of the government can get an injunction makes it clear that obesity-related Virginia: whether the person was intentionally lawsuits can be brought by anyone who At the end of the bill, add the following or knowingly in violation. can prove he suffered harm as a result new section: Mr. Chairman, my State of Virginia of a violation of State or Federal law, SEC. ll. STATE CONSUMER PROTECTION AC- has the Consumer Protection Act. It including laws that prohibit deceptive TIONS. prohibits misrepresenting that goods or misleading advertising, by showing Notwithstanding any other provision to he individually and justifiably relied the contrary in this Act, this Act does not or services have certain qualities, char- apply to an action brought by a State agency acteristics, ingredients, uses or bene- on such deceptive or misleading adver- to enforce a State consumer protection law fits that they do not have, and any tising and that such reliance was the concerning mislabeling or other unfair and other conduct which similarly creates proximate cause of the injury. deceptive trade practices. a likelihood of confusion or misunder- So the bill itself already allows law- The Acting CHAIRMAN. Pursuant to standing. A court may order an injunc- suits against bad actors while pre- House Resolution 494, the gentleman tion or restitution to injured parties serving the concept of personal respon- from Virginia (Mr. SCOTT) and the gen- even if the violation was unintentional. sibility. The amendment does not do tleman from Utah (Mr. CANNON) each In fact, Virginia is not alone. At that, it should be defeated, and I urge will control 5 minutes. least 12 other States have specifically my colleagues to vote against this The Chair recognizes the gentleman adopted the Uniform Deceptive Trade amendment. from Virginia (Mr. SCOTT). Practices Act, section 3, which says Mr. Chairman, I reserve the balance Mr. SCOTT of Virginia. Mr. Chair- that intentional deceptive action is not of my time. man, I yield myself such time as I may necessary to get injunctive relief. Mr. SCOTT of Virginia. Mr. Chair- consume. man, in closing let me just say that, as Mr. Chairman, we have apparently b 1145 the gentleman from Arkansas, who is a decided to try these kinds of cases on At least 23 other States have similar physician, indicated, weight gain can the floor of the House where politics standards. be caused by contamination or other and popularity will be considered, even So, Mr. Chairman, my amendment problems, even if that contamination financial contributions will be allowed, that I present today will address that was unknowing. Under this bill, the at- rather than have those cases and spe- problem in the bill. It will ensure that torney general would not be able to get cial interests relegated to the judicial attorneys general and State agencies an injunction. We should trust our branch where they will be facing unbi- can put an end to mislabeling, to de- States attorneys general and consumer ased judges and juries and relegated to ceptive practices, to false advertising, protection agencies to do the right the same laws that apply to everybody and other consumer fraud within the thing and not prohibit them from pro- else. But if we are going to try the borders of the State. Whatever we tecting our citizens. cases, we ought to at least limit the think of the individual fast food law- Mr. Chairman, I would hope the impact of the bill to the fast food rhet- suits, we should not prohibit State at- amendment would be adopted. oric that we have heard. torneys general from enforcing States Mr. Chairman, I yield back the bal- This bill, unfortunately, covers not laws and protecting their citizens. ance of my time. only fast food lawsuits but also litiga- Mr. Chairman, I reserve the balance Mr. CANNON. Mr. Chairman, in clos- tion involving consumer protection of my time. ing, let me just say that we have con- when obesity or weight gain may be Mr. CANNON. Mr. Chairman, I yield sumer protection laws. This bill is not one of the elements of the case. myself such time as I may consume. intended to expand those laws. It is not

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intended to put restaurants out of busi- associated with a person’s weight gain Texas (Ms. JACKSON-LEE), which was ness. It is not intended to shift respon- or obesity. Imagine you are overweight defeated on the House floor last year sibility from individuals and from par- and suffer from high blood pressure be- by a vote of 166 to 250, and it should be ents. It is about personal responsi- cause you are overweight, and you de- defeated again this year. bility, and I urge opposition to this cide to try losing weight by taking a This amendment must be defeated amendment. dietary supplement product. But what because it would gut the bill. This Mr. Chairman, I yield back the bal- you do not know is that the product amendment, if adopted, would allow ance of my time. you are taking contains a potentially anyone to eat as many health bars and The Acting CHAIRMAN (Mr. PUT- dangerous stimulant; and instead of drink as many diet shakes as they NAM). The question is on the amend- helping you lose weight, the product wanted and then sue the makers of the ment offered by the gentleman from causes your blood pressure to go even health bars and the diet shakes for mil- Virginia (Mr. SCOTT). higher and makes you really sick. If lions of dollars for making them fat The question was taken; and the Act- this bill passed, you could not sue the when the health bar and diet shake ing Chairman announced that the ayes dietary supplement company even if manufacturers had done absolutely appeared to have it. the product did not have a warning nothing wrong. Mr. SENSENBRENNER. Mr. Chair- label; even if the companies received The term ‘‘dietary supplement,’’ as man, I demand a recorded vote. thousands of adverse event reports that defined in 21 U.S.C. can include just The Acting CHAIRMAN. Pursuant to they have kept hidden; even if a profes- about any food imaginable. It is de- clause 6 of rule XVIII, further pro- sional medical society and experts fined in 21 U.S.C. 321(ff) as ‘‘a product ceedings on the amendment offered by have concluded that the product is dan- intended to supplement the diet that the gentleman from Virginia (Mr. gerous; and even if the company has bears or contains one or more of the SCOTT) will be postponed. never tested the product to see if it is following ingredients,’’ including ‘‘a vi- It is now in order to consider amend- safe. tamin or mineral.’’ Do we really want ment No. 5 printed in House Report Removing the threat of liability for to encourage lawsuits by people who 109–249. dangerous dietary supplements would get fat because they choose to eat too AMENDMENT NO. 5 OFFERED BY MR. WAXMAN be a grave mistake. Despite evidence much food that happens to meet this Mr. WAXMAN. Mr. Chairman, I offer that supplements containing ephedra definition? Of course not. And that is an amendment. are dangerous and have caused heart why this amendment must be defeated. The Acting CHAIRMAN. The Clerk attacks or strokes or death, it took the The same concept of personal respon- will designate the amendment. FDA years to act to take higher-dose sibility should apply to anyone who The text of the amendment is as fol- ephedra supplements off the market. In chooses to eat too many health bars or lows: the meantime, some dietary supple- diet shakes, or other similar products, Amendment No. 5 offered by Mr. WAXMAN: ment companies stopped making just as it should be applied to anyone At the end of the bill, add the following ephedra products because of the else. new section: mounting litigation. Without having to If you want to destroy every com- SECTION ll. NOT APPLICABLE TO DIETARY take responsibility for their products, pany that sells products that help keep SUPPLEMENTS. our waistlines trim by allowing them Notwithstanding any other provision of manufacturers could be free to sell this Act, this Act does not apply to a claim dangerous substances to the public. to be sued out of existence, then vote of injury involving a dietary supplement re- The threat of a lawsuit could have a for this amendment. But if you want to lating to a person’s weight gain, obesity or real impact here, and it is not one sim- help combat the obesity problem in any health condition associated with weight ply of personal responsibility. America, vote down this gutting gain or obesity. We are seeing now a new generation amendment and preserve the concept of The Acting CHAIRMAN. Pursuant to of weight-loss products marketed as di- personal responsibility. House Resolution 494, the gentleman etary supplements that have stimulant Allowing the types of lawsuits this from California (Mr. WAXMAN) and the ingredients that may be similar to amendment would allow flatly con- gentleman from Utah (Mr. CANNON) ephedra. According to a recent study, tradicts the advice of our Nation’s each will control 5 minutes. these new products may raise blood leading nutritionists. Listen to the in- The Chair recognizes the gentleman pressure and heart rate, making them sightful words of Dr. Gerard Musante, a from California (Mr. WAXMAN). potentially dangerous particularly to clinical psychologist with training at Mr. WAXMAN. Mr. Chairman, I yield those people who already have heart Duke University Medical Center, who myself such time as I may consume. disease. However, it is perfectly legal has worked for more than 30 years with Mr. Chairman, those who support for a dietary supplement manufacturer thousands of obese people. He is the this bill argue that food manufacturers to sell these products without testing founder of Structure House, a residen- should be sheltered from lawsuits to see if they are safe and without tial weight-loss facility in Durham, claiming that their products cause warning consumers of potential ad- North Carolina. He said the following someone to become obese. I can under- verse effects. at a Senate hearing on this legislation: stand their reasoning, because there is This bill, as it is drafted, is a license ‘‘Lawsuits are pointing fingers at the a sense of personal responsibility infor reckless behavior by dietary supple- food industry in an attempt to curb the volved. But what my amendment would ment manufacturers. I do not know if Nation’s obesity epidemic. These law- do is to limit that language so it is not that is what the authors intended; I suits do nothing but enable consumers so broad as to include what are called tend to think they probably did not to feel powerless in a battle for main- ‘‘dietary supplements,’’ because some look at that issue. It allows them to taining one’s own personal health. The of these products are not like food. sell dangerous products to Americans truth is, we as consumers have control They are not reviewed by the FDA. without ever having to take responsi- over the food choices we make, and we They are not even subject to FDA bility in a court of law, and our amend- must issue our better judgment when intervention, unless they can show real ment would close the dietary supple- making these decisions. Negative life- harm being done, and we have had ex- ment loophole. I urge my colleagues to style choices cause obesity, not a trip amples of ephedra and andro that have support it. to the fast food restaurant or a cookie been withdrawn from the market be- Mr. Chairman, I reserve the balance high in trans fat. cause they caused serious injury, or of my time. ‘‘Through working with obese pa- DHEA, which is a steroid precursor. Mr. CANNON. Mr. Chairman, I yield tients, I have learned that the worst The bill authors would say that they myself such time as I may consume. thing one can do is blame an outside want to protect from lawsuits when Mr. Chairman, the amendment is force to get themselves ‘off the hook,’ people say they have gained weight or substantially the same as the amend- to say it is not their fault and that there is obesity or health conditions ment offered by the gentlewoman from they are a victim. Congress has rightly

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The fact of a pill or some other process is like a Amendment No. 3 by Mr. FILNER of that we are addressing the issue here drug, and I do not think we would want California. today is a step in the right direction.’’ people to be subjected to no lawsuit Amendment No. 4 by Mr. SCOTT of Even the chairman of the American that is legitimate if the drug has never Virginia. Council For Fitness and Nutrition, been approved and never warned about Amendment No. 5 by Mr. WAXMAN of Susan Finn, has written that ‘‘Al- by the manufacturer. So I ask support California. though obesity is a serious health of the amendment. The Chair will reduce to 5 minutes threat to millions of Americans, law- Mr. Chairman, I yield back the bal- the time for any electronic vote after suits and fingerpointing are not real- ance of my time. the first vote in this series. Mr. CANNON. Mr. Chairman, I yield istic solutions. If you are obese, you AMENDMENT NO. 2 OFFERED BY MS. JACKSON- don’t need a lawyer, you need to see myself such time as I may consume. The gentleman is talking about var- LEE OF TEXAS your doctor, a nutritionist and a phys- ious kinds of supplements. He men- The Acting CHAIRMAN. The pending ical trainer. Playing the courtroom tioned ephedra and other supplements business is the demand for a recorded blame game won’t make anyone thin- to help people lose weight. That is a vote on the amendment offered by the ner or healthier.’’ substantial distinction here. If a person gentlewoman from Texas (Ms. JACK- Section 4(5)(b) of H.R. 554 makes it buys a supplement and there has been SON-LEE) on which further proceedings clear that obesity-related lawsuits can misleading advertising or the manufac- were postponed and on which the noes be brought by anyone who can prove he turer knows of adverse effects and does prevailed by voice vote. has suffered harm as a result of a viola- not communicate those, and if that The Clerk will redesignate the tion of State or Federal law, including constitutes a violation of law, a law- amendment. laws that prohibit deceptive or mis- suit is not prohibited by this legisla- The Clerk redesignated the amend- leading advertising, by showing they tion. This legislation is going the other ment. individually and justifiably relied on way and saying you cannot sue people RECORDED VOTE such deceptive or misleading adver- if you get fat because you make wrong The Acting CHAIRMAN. A recorded tising and such reliance was the proxi- choices, as opposed to you have had vote has been demanded. mate cause of their injury. So if a man- some kind of injury or illness because A recorded vote was ordered. ufacturer of a health bar or a diet of a misadvertised or otherwise inap- The vote was taken by electronic de- shake lies concerning the calorie con- propriate utilization of a supplement. vice, and there were—ayes 67, noes 357, tent of the food, and someone relies on not voting 9, as follows: that false statement and suffers injury, b 1200 the person can sue the manufacturer Mr. WAXMAN. Mr. Chairman, will [Roll No. 529] under this legislation. the gentleman yield? AYES—67 But let us not encourage people to Mr. CANNON. I yield to the gen- Berkley Honda Pascrell sue makers of health bars and diet tleman from California. Brady (PA) Jackson (IL) Pastor Brown (OH) Jackson-Lee Payne shakes because they choose to eat too Mr. WAXMAN. Mr. Chairman, the gentleman raises an interesting point Butterfield (TX) Pelosi many of them and get fat. I urge my Capuano Johnson, E. B. Rush colleagues to defeat this amendment. that it would be a violation of law. A Carnahan Jones (OH) Sa´ nchez, Linda lot of times these are not violations of Carson Kilpatrick (MI) T. Mr. Chairman, I reserve the balance Clay Kucinich of my time. law because there are no laws that per- Sanders Cleaver Langevin Schakowsky tain. Crowley Larson (CT) Mr. WAXMAN. Mr. Chairman, I yield Scott (VA) Mr. CANNON. Reclaiming my time, Cummings Lee myself such time as I may consume. Serrano we are not trying to change the whole DeFazio Markey I know that the argument on the Slaughter world of consumer law here, we are Delahunt McDermott other side is that we want people to Doggett McKinney Stark take personal responsibility, but is it only trying to change one aspect of it. Farr McNulty Thompson (MS) Visclosky fair to say that there is personal re- If the gentleman is concerned about, Fattah Meehan and I know the gentleman has great Filner Millender- Wasserman sponsibility when a company hides Schultz concern about the effect of supple- Green, Al McDonald thousands of serious adverse effects, as Green, Gene Moore (WI) Waters ments like Ephedra which have largely was the case with a company that had Grijalva Nadler Watson been abandoned by the industry, that Gutierrez Napolitano Watt a product with ephedra in it; or when a is something we ought to be consid- Higgins Obey Wexler company does not warn about its risks; ering, but not in the context of this Hinchey Owens Woolsey when companies know about dangers Hinojosa Pallone Wynn legislation. I urge my colleagues to re- and do not market their product reject this amendment. NOES—357 sponsibly? The Acting CHAIRMAN (Mr. TERRY). Abercrombie Biggert Brown-Waite, We are not talking about in this situ- The question is on the amendment of- Ackerman Bilirakis Ginny Aderholt Bishop (GA) Burgess ation a food product that may be heavy fered by the gentleman from California in fat or may have cholesterol or what- Akin Bishop (NY) Burton (IN) (Mr. WAXMAN). Alexander Bishop (UT) Buyer ever. People should expect in eating The question was taken; and the Act- Allen Blackburn Calvert foods generally recognized as safe that ing Chairman announced that the noes Andrews Blumenauer Camp if they abuse their eating habits they Baca Blunt Cannon appeared to have it. Bachus Boehlert Cantor are responsible for it. But with a die- Mr. WAXMAN. Mr. Chairman, I de- Baird Boehner Capito tary supplement, if the manufacturer mand a recorded vote. Baker Bonilla Capps withholds this information about the The Acting CHAIRMAN. Pursuant to Baldwin Bonner Cardin risks, and there is no warning whatso- Barrett (SC) Bono Cardoza clause 6 of rule XVIII, further pro- Barrow Boozman Carter ever when the manufacturer knows ceedings on the amendment offered by Bartlett (MD) Boren Case there should be, then it seems to me we the gentleman from California (Mr. Barton (TX) Boucher Castle are giving up the responsibility of the WAXMAN) will be postponed. Bass Boustany Chabot Bean Boyd Chandler manufacturer to warn and taking peo- SEQUENTIAL VOTES POSTPONED IN COMMITTEE Beauprez Bradley (NH) Chocola ple who are harmed not because they OF THE WHOLE Becerra Brady (TX) Clyburn did not act responsibly and then saying The Acting CHAIRMAN. Pursuant to Berman Brown (SC) Coble to them they are out of luck. clause 6 of rule XVIII, proceedings will Berry Brown, Corrine Cole (OK)

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23094 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Conaway Jenkins Platts Wilson (NM) Wolf Young (AK) Price (NC) Schwartz (PA) Van Hollen Conyers Jindal Poe Wilson (SC) Wu Young (FL) Rahall Scott (VA) Vela´ zquez Cooper Johnson (CT) Pombo Rangel Serrano Waters NOT VOTING—9 Costa Johnson (IL) Pomeroy Rush Sherman Watson Costello Johnson, Sam Porter Boswell Edwards Lewis (GA) Ryan (OH) Slaughter Watt Cramer Jones (NC) Price (GA) Davis (FL) Feeney Myrick Sabo Solis Waxman ´ Crenshaw Kanjorski Price (NC) Dingell Keller Roybal-Allard Sanchez, Linda Stark Weiner Cubin Kaptur Pryce (OH) T. Stupak Wexler Cuellar Kelly ANNOUNCEMENT BY THE ACTING CHAIRMAN Sanders Thompson (MS) Putnam Woolsey Culberson Kennedy (MN) Schakowsky Tierney Radanovich The Acting CHAIRMAN (Mr. TERRY) Wu Cunningham Kennedy (RI) Rahall (during the vote). Members are advised Schiff Udall (NM) Davis (AL) Kildee Ramstad NOES—298 Davis (CA) Kind Rangel there are 2 minutes left in this vote. Davis (IL) King (IA) Regula Aderholt English (PA) Lucas Davis (KY) King (NY) Rehberg b 1228 Akin Eshoo Lungren, Daniel Davis (TN) Kingston Reichert Messrs. BARRETT of South Carolina, Alexander Everett E. Davis, Jo Ann Kirk Renzi Allen Feeney Lynch Davis, Tom Kline Reyes KINGSTON, WAXMAN, Ms. SOLIS, Baca Ferguson Mack Deal (GA) Knollenberg Reynolds Mrs. NORTHUP, Messrs. NEAL of Mas- Bachus Fitzpatrick (PA) Manzullo DeGette Kolbe Rogers (AL) sachusetts, LEVIN, RANGEL, SMITH Baird Flake Marchant DeLauro Kuhl (NY) Rogers (KY) Baker Foley Marshall DeLay LaHood Rogers (MI) of Texas, GEORGE MILLER of Cali- Barrett (SC) Forbes Matheson Dent Lantos Rohrabacher fornia, HOLT, Ms. SCHWARTZ of Barrow Ford McCaul (TX) Diaz-Balart, L. Larsen (WA) Ros-Lehtinen Pennsylvania, Mrs. MCCARTHY, Mr. Bartlett (MD) Fortenberry McCollum (MN) Diaz-Balart, M. Latham Ross CONYERS, and Mr. HASTINGS of Flor- Barton (TX) Fossella McCotter Dicks LaTourette Rothman Bass Foxx McCrery Doolittle Leach Royce ida changed their vote from ‘‘aye’’ to Bean Frank (MA) McHenry Doyle Levin Ruppersberger ‘‘no.’’ Beauprez Franks (AZ) McHugh Drake Lewis (CA) Ryan (OH) So the amendment was rejected. Berkley Frelinghuysen McIntyre Dreier Lewis (KY) Ryan (WI) Berry Gallegly McKeon Duncan Linder The result of the vote was announced Ryun (KS) Biggert Garrett (NJ) McMorris Ehlers Lipinski Sabo as above recorded. Bilirakis Gerlach Melancon Emanuel LoBiondo Salazar Bishop (GA) Gibbons Mica Emerson Lofgren, Zoe AMENDMENT NO. 3 OFFERED BY MR. FILNER Sanchez, Loretta Bishop (UT) Gilchrest Michaud Engel Lowey The Acting CHAIRMAN. The pending Saxton Blackburn Gillmor Millender- English (PA) Lucas Schiff business is the demand for a recorded Blunt Gingrey McDonald Eshoo Lungren, Daniel Schmidt Boehlert Gohmert Miller (FL) Etheridge E. vote on the amendment offered by the Schwartz (PA) Boehner Goode Miller (MI) Evans Lynch gentleman from California (Mr. FIL- Schwarz (MI) Bonilla Goodlatte Miller, Gary Everett Mack Scott (GA) NER) on which further proceedings were Bonner Gordon Moore (KS) Ferguson Maloney Bono Granger Sensenbrenner postponed and on which the noes pre- Moran (KS) Fitzpatrick (PA) Manzullo Boozman Graves Murphy Sessions Flake Marchant vailed by voice vote. Boren Green (WI) Murtha Shadegg Foley Marshall The Clerk will redesignate the Boucher Gutknecht Neal (MA) Shaw Forbes Matheson Boustany Hall Neugebauer Shays amendment. Ford Matsui Boyd Harman Ney Sherman The Clerk redesignated the amend- Fortenberry McCarthy Bradley (NH) Harris Northup Sherwood Fossella McCaul (TX) ment. Brady (TX) Hart Norwood Shimkus Foxx McCollum (MN) Brown (SC) Hastings (WA) Nunes Shuster RECORDED VOTE Frank (MA) McCotter Brown-Waite, Hayes Nussle Simmons Franks (AZ) McCrery The Acting CHAIRMAN. A recorded Ginny Hayworth Ortiz Simpson Frelinghuysen McGovern vote has been demanded. Burgess Hefley Osborne Gallegly McHenry Skelton Burton (IN) Hensarling Otter Smith (NJ) A recorded vote was ordered. Garrett (NJ) McHugh The Acting CHAIRMAN. This will be Buyer Herger Oxley Gerlach McIntyre Smith (TX) Calvert Herseth Pascrell Gibbons McKeon Smith (WA) a 5-minute vote. Camp Hinojosa Paul Gilchrest McMorris Snyder The vote was taken by electronic de- Cannon Hobson Pearce Gillmor Meek (FL) Sodrel vice, and there were—ayes 129, noes 298, Cantor Hoekstra Pence Gingrey Meeks (NY) Solis Capito Holden Peterson (MN) Gohmert Melancon Souder not voting 6, as follows: Carter Hooley Peterson (PA) Gonzalez Menendez Spratt [Roll No. 530] Case Hostettler Petri Goode Mica Stearns AYES—129 Castle Hulshof Pickering Goodlatte Michaud Strickland Chabot Hunter Pitts Gordon Miller (FL) Stupak Abercrombie Emanuel Lee Chocola Hyde Platts Granger Miller (MI) Sullivan Ackerman Engel Levin Clyburn Inglis (SC) Poe Graves Miller (NC) Sweeney Andrews Etheridge Lipinski Coble Inslee Pombo Green (WI) Miller, Gary Tancredo Baldwin Evans Lofgren, Zoe Cole (OK) Issa Pomeroy Gutknecht Miller, George Tanner Becerra Farr Lowey Conaway Istook Porter Hall Mollohan Tauscher Berman Fattah Maloney Cooper Jenkins Price (GA) Harman Moore (KS) Taylor (MS) Bishop (NY) Filner Markey Costa Jindal Pryce (OH) Harris Moran (KS) Taylor (NC) Blumenauer Gonzalez Matsui Cramer Johnson (CT) Putnam Hart Moran (VA) Terry Brady (PA) Green, Al McCarthy Crenshaw Johnson (IL) Radanovich Hastings (FL) Murphy Thomas Brown (OH) Green, Gene McDermott Cubin Johnson, Sam Ramstad Hastings (WA) Murtha Thompson (CA) Brown, Corrine Grijalva McGovern Culberson Jones (NC) Regula Hayes Musgrave Thornberry Butterfield Gutierrez McKinney Cunningham Kelly Rehberg Hayworth Neal (MA) Tiahrt Capps Hastings (FL) McNulty Davis (AL) Kennedy (MN) Reichert Hefley Neugebauer Tiberi Capuano Higgins Meehan Davis (IL) Kind Renzi Hensarling Ney Tierney Cardin Hinchey Meek (FL) Davis (KY) King (IA) Reyes Herger Northup Towns Cardoza Holt Meeks (NY) Davis (TN) King (NY) Reynolds Herseth Norwood Turner Carnahan Honda Menendez Davis, Jo Ann Kingston Rogers (AL) Hobson Nunes Udall (CO) Carson Hoyer Miller (NC) Davis, Tom Kirk Rogers (KY) Hoekstra Nussle Udall (NM) Chandler Israel Miller, George Deal (GA) Kline Rogers (MI) Holden Oberstar Upton Clay Jackson (IL) Mollohan DeFazio Knollenberg Rohrabacher Holt Olver Van Hollen Cleaver Jackson-Lee Moore (WI) DeGette Kolbe Ros-Lehtinen Hooley Ortiz Vela´ zquez Conyers (TX) Moran (VA) DeLay Kuhl (NY) Ross Hostettler Osborne Walden (OR) Costello Jefferson Musgrave Dent LaHood Rothman Hoyer Otter Walsh Crowley Johnson, E. B. Nadler Diaz-Balart, L. Langevin Royce Hulshof Oxley Wamp Cuellar Jones (OH) Napolitano Diaz-Balart, M. Larsen (WA) Ruppersberger Hunter Paul Waxman Cummings Kanjorski Oberstar Doolittle Latham Ryan (WI) Hyde Pearce Weiner Davis (CA) Kaptur Obey Drake LaTourette Ryun (KS) Inglis (SC) Pence Weldon (FL) Delahunt Kennedy (RI) Olver Dreier Leach Salazar Inslee Peterson (MN) Weldon (PA) DeLauro Kildee Owens Duncan Lewis (CA) Sanchez, Loretta Israel Peterson (PA) Weller Dicks Kilpatrick (MI) Pallone Edwards Lewis (KY) Saxton Issa Petri Westmoreland Dingell Kucinich Pastor Ehlers Linder Schmidt Istook Pickering Whitfield Doggett Lantos Payne Emerson LoBiondo Schwarz (MI) Jefferson Pitts Wicker Doyle Larson (CT) Pelosi

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23095 Scott (GA) Stearns Visclosky Jackson-Lee Millender- Sanders Otter Rogers (MI) Tanner Sensenbrenner Strickland Walden (OR) (TX) McDonald Schakowsky Oxley Ros-Lehtinen Taylor (NC) Sessions Sullivan Walsh Jefferson Miller (NC) Schiff Pearce Royce Terry Shadegg Sweeney Wamp Johnson, E. B. Miller, George Schwartz (PA) Pence Ryan (WI) Thomas Shaw Tancredo Wasserman Jones (OH) Mollohan Scott (GA) Peterson (MN) Ryun (KS) Thompson (CA) Shays Tanner Schultz Kanjorski Moore (KS) Scott (VA) Peterson (PA) Saxton Thornberry Sherwood Tauscher Weldon (FL) Kaptur Moore (WI) Serrano Petri Schmidt Tiahrt Shimkus Taylor (MS) Weldon (PA) Kennedy (RI) Moran (VA) Sherman Pickering Schwarz (MI) Tiberi Shuster Taylor (NC) Pitts Sensenbrenner Weller Kildee Murtha Skelton Turner Simmons Terry Platts Sessions Westmoreland Kilpatrick (MI) Nadler Slaughter Upton Simpson Thomas Napolitano Poe Shadegg Whitfield Kind Smith (WA) Walden (OR) Skelton Thompson (CA) Neal (MA) Pombo Shaw Wicker Kucinich Snyder Walsh Smith (NJ) Thornberry Oberstar Porter Shays Wilson (NM) Langevin Solis Wamp Smith (TX) Tiahrt Obey Price (GA) Sherwood Wilson (SC) Lantos Spratt Weldon (FL) Smith (WA) Tiberi Olver Pryce (OH) Shimkus Larsen (WA) Stark Weldon (PA) Snyder Towns Wolf Ortiz Putnam Shuster Larson (CT) Strickland Weller Sodrel Turner Wynn Owens Radanovich Simmons Lee Stupak Westmoreland Souder Udall (CO) Young (AK) Pallone Ramstad Smith (NJ) Levin Tauscher Whitfield Spratt Upton Young (FL) Pascrell Regula Smith (TX) Lipinski Taylor (MS) Wicker Pastor Rehberg Sodrel NOT VOTING—6 Lofgren, Zoe Thompson (MS) Wilson (NM) Paul Reichert Souder Lowey Boswell Keller Myrick Payne Tierney Renzi Stearns Wilson (SC) Lynch Davis (FL) Lewis (GA) Roybal-Allard Pelosi Towns Reynolds Sullivan Wolf Maloney Pomeroy Udall (CO) Rogers (AL) Sweeney Young (AK) ANNOUNCEMENT BY THE ACTING CHAIRMAN Markey Price (NC) Udall (NM) Rogers (KY) Tancredo Young (FL) Marshall Van Hollen The Acting CHAIRMAN (Mr. TERRY) Rahall NOT VOTING—7 (during the vote). Members are advised Matsui Rangel Vela´ zquez McCarthy Visclosky Boswell Lewis (GA) Simpson there are 2 minutes remaining in this Reyes McCollum (MN) Rohrabacher Wasserman Davis (FL) Myrick vote. McDermott Ross Schultz Keller Roybal-Allard McGovern Rothman Waters ANNOUNCEMENT BY THE ACTING CHAIRMAN b 1236 McIntyre Ruppersberger Watson McKinney Rush Watt The Acting CHAIRMAN (during the So the amendment was rejected. McNulty Ryan (OH) Waxman vote). Members are advised there are 2 The result of the vote was announced Meehan Sabo Weiner Meek (FL) Wexler minutes remaining in this vote. as above recorded. Salazar Meeks (NY) Sa´ nchez, Linda Woolsey b 1246 AMENDMENT NO. 4 OFFERED BY MR. SCOTT OF Menendez T. Wu VIRGINIA Michaud Sanchez, Loretta Wynn Mr. CARDOZA changed his vote from ‘‘aye’’ to ‘‘no.’’ The Acting CHAIRMAN. The pending NOES—234 business is the demand for a recorded So the amendment was rejected. Aderholt Deal (GA) Istook The result of the vote was announced vote on the amendment offered by the Akin DeLay Jenkins gentleman from Virginia (Mr. SCOTT) Alexander Dent Jindal as above recorded. on which further proceedings were Bachus Diaz-Balart, L. Johnson (CT) AMENDMENT NO. 5 OFFERED BY MR. WAXMAN postponed and on which the ayes pre- Baker Diaz-Balart, M. Johnson (IL) Barrett (SC) Doolittle Johnson, Sam The Acting CHAIRMAN (Mr. TERRY). vailed by voice vote. Barrow Drake Jones (NC) The pending business is the demand for The Clerk will redesignate the Bartlett (MD) Dreier Kelly a recorded vote on the amendment of- amendment. Barton (TX) Edwards Kennedy (MN) fered by the gentleman from California Bass Ehlers King (IA) The Clerk redesignated the amend- Beauprez Emerson King (NY) (Mr. WAXMAN) on which further pro- ment. Biggert English (PA) Kingston ceedings were postponed and on which RECORDED VOTE Bilirakis Everett Kirk the noes prevailed by voice vote. Bishop (UT) Feeney Kline The Acting CHAIRMAN. A recorded Blackburn Ferguson Knollenberg The Clerk will redesignate the vote has been demanded. Blunt Flake Kolbe amendment. A recorded vote was ordered. Boehlert Foley Kuhl (NY) The Clerk redesignated the amend- Boehner Forbes LaHood ment. The Acting CHAIRMAN. This will be Bonilla Fortenberry Latham a 5-minute vote. Bonner Fossella LaTourette RECORDED VOTE The vote was taken by electronic de- Bono Foxx Leach The Acting CHAIRMAN. A recorded vice, and there were—ayes 192, noes 234, Boozman Franks (AZ) Lewis (CA) Boren Frelinghuysen Lewis (KY) vote has been demanded. not voting 7, as follows: Boustany Gallegly Linder A recorded vote was ordered. [Roll No. 531] Boyd Garrett (NJ) LoBiondo The Acting CHAIRMAN. This will be Bradley (NH) Gibbons Lucas a 5-minute vote. AYES—192 Brady (TX) Gilchrest Lungren, Daniel Abercrombie Clay Evans Brown (SC) Gillmor E. The vote was taken by electronic de- Ackerman Cleaver Farr Brown-Waite, Gingrey Mack vice, and there were—ayes 177, noes 247, Allen Clyburn Fattah Ginny Gohmert Manzullo not voting 9, as follows: Andrews Conyers Filner Burgess Goode Marchant Baca Cooper Fitzpatrick (PA) Burton (IN) Goodlatte Matheson [Roll No. 532] Baird Costa Ford Buyer Gordon McCaul (TX) AYES—177 Baldwin Costello Frank (MA) Calvert Granger McCotter Abercrombie Butterfield DeLauro Bean Crowley Gerlach Camp Graves McCrery Ackerman Capps Dicks Becerra Cuellar Gonzalez Cannon Green (WI) McHenry Allen Capuano Dingell Berkley Cummings Green, Al Cantor Gutknecht McHugh Andrews Cardin Doggett Berman Cunningham Green, Gene Capito Hall McKeon Baca Carnahan Doyle Berry Davis (AL) Grijalva Cardoza Harris McMorris Baldwin Carson Emanuel Bishop (GA) Davis (CA) Gutierrez Carter Hart Melancon Bean Chandler Engel Bishop (NY) Davis (IL) Harman Castle Hastings (WA) Mica Becerra Clay Eshoo Blumenauer DeFazio Hastings (FL) Chabot Hayes Miller (FL) Berkley Cleaver Etheridge Boucher DeGette Herseth Chocola Hayworth Miller (MI) Berman Clyburn Evans Brady (PA) Delahunt Higgins Coble Hefley Miller, Gary Berry Conyers Farr Brown (OH) DeLauro Hinchey Cole (OK) Hensarling Moran (KS) Bishop (GA) Costa Fattah Brown, Corrine Dicks Hinojosa Conaway Herger Murphy Bishop (NY) Costello Filner Butterfield Dingell Holden Cramer Hobson Musgrave Blumenauer Crowley Fitzpatrick (PA) Capps Doggett Holt Crenshaw Hoekstra Neugebauer Boucher Cummings Ford Capuano Doyle Honda Cubin Hostettler Ney Brady (PA) Davis (CA) Frank (MA) Cardin Duncan Hooley Culberson Hulshof Northup Brown (OH) Davis (IL) Gonzalez Carnahan Emanuel Hoyer Davis (KY) Hunter Norwood Brown, Corrine Davis, Tom Green, Al Carson Engel Inslee Davis (TN) Hyde Nunes Brown-Waite, DeGette Green, Gene Case Eshoo Israel Davis, Jo Ann Inglis (SC) Nussle Ginny Delahunt Grijalva Chandler Etheridge Jackson (IL) Davis, Tom Issa Osborne

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23096 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Gutierrez McNulty Sa´ nchez, Linda McMorris Pryce (OH) Smith (TX) committee amendment in the nature of Harman Meehan T. Mica Putnam Sodrel a substitute. Hastings (FL) Meek (FL) Sanchez, Loretta Miller (FL) Radanovich Souder Higgins Meeks (NY) Sanders Miller (MI) Ramstad Spratt The committee amendment in the Hinchey Melancon Schakowsky Miller, Gary Regula Stearns nature of a substitute was agreed to. Hinojosa Menendez Schiff Moran (KS) Rehberg Sullivan The SPEAKER pro tempore. The Murphy Reichert Tancredo Holt Michaud Schwartz (PA) question is on the engrossment and Honda Millender- Scott (VA) Murtha Renzi Tanner Hooley McDonald Serrano Musgrave Reynolds Taylor (MS) third reading of the bill. Hoyer Miller (NC) Sherman Neugebauer Rogers (AL) Taylor (NC) The bill was ordered to be engrossed Inslee Miller, George Skelton Ney Rogers (KY) Terry and read a third time, and was read the Israel Mollohan Slaughter Northup Rogers (MI) Thomas Norwood Rohrabacher Thompson (CA) third time. Jackson (IL) Moore (KS) Smith (WA) Nunes Ros-Lehtinen Thornberry Jefferson Moore (WI) Snyder The SPEAKER pro tempore. The Nussle Royce Tiahrt Johnson, E. B. Moran (VA) Solis question is on the passage of the bill. Jones (OH) Osborne Ryan (WI) Tiberi Nadler Stark Otter Ryun (KS) Turner The question was taken; and the Kaptur Napolitano Strickland Kennedy (RI) Oxley Saxton Upton Speaker pro tempore announced that Neal (MA) Stupak Kildee Paul Schmidt Walden (OR) Oberstar Sweeney the ayes appeared to have it. Kilpatrick (MI) Pearce Schwarz (MI) Walsh Obey Tauscher Mr. SENSENBRENNER. Mr. Speak- Kind Pence Scott (GA) Wamp Olver Thompson (MS) Kucinich Peterson (MN) Sensenbrenner Weldon (FL) er, on that I demand the yeas and nays. Ortiz Tierney Langevin Peterson (PA) Sessions Weldon (PA) The yeas and nays were ordered. Owens Towns Lantos Petri Shadegg Weller The vote was taken by electronic de- Pallone Udall (CO) Pickering Shaw Westmoreland Larsen (WA) vice, and there were—yeas 306, nays Larson (CT) Pascrell Udall (NM) Pitts Shays Whitfield Lee Pastor Van Hollen Platts Sherwood Wicker 120, not voting 7, as follows: ´ Levin Payne Velazquez Poe Shimkus Wilson (NM) [Roll No. 533] Pelosi Visclosky Pombo Shuster Wilson (SC) Lipinski YEAS—306 Lofgren, Zoe Pomeroy Wasserman Porter Simmons Young (AK) Lowey Price (NC) Schultz Price (GA) Smith (NJ) Young (FL) Aderholt Davis (IL) Hobson Rahall Waters Lynch NOT VOTING—9 Akin Davis (KY) Hoekstra Markey Rangel Watson Alexander Davis (TN) Holden Marshall Reyes Watt Boswell Lewis (GA) Myrick Baca Davis, Jo Ann Hooley Matsui Ross Waxman Davis (FL) Maloney Roybal-Allard Bachus Davis, Tom Hostettler McCarthy Rothman Weiner Keller Marchant Simpson Baird Deal (GA) Hulshof Ruppersberger Wexler Baker DeFazio McCollum (MN) ANNOUNCEMENT BY THE ACTING CHAIRMAN Hunter McDermott Rush Wolf Barrett (SC) DeLay Hyde McGovern Ryan (OH) Woolsey The Acting CHAIRMAN (during the Barrow Dent Inglis (SC) McIntyre Sabo Wu vote). Members are advised there are 2 Bartlett (MD) Diaz-Balart, L. Issa McKinney Salazar Wynn minutes left in this vote. Barton (TX) Diaz-Balart, M. Istook Bass Dicks Jenkins NOES—247 b 1253 Bean Dingell Jindal Beauprez Doolittle Johnson (CT) Aderholt Cunningham Hensarling So the amendment was rejected. Berkley Doyle Akin Davis (AL) Herger Johnson (IL) The result of the vote was announced Berry Drake Johnson, Sam Alexander Davis (KY) Herseth Biggert Dreier Bachus Davis (TN) Hobson as above recorded. Jones (NC) The Acting CHAIRMAN. The ques- Bilirakis Duncan Kelly Baird Davis, Jo Ann Hoekstra Bishop (GA) Edwards Baker Deal (GA) Holden tion is on the committee amendment Kennedy (MN) Bishop (UT) Ehlers Kind Barrett (SC) DeFazio Hostettler in the nature of a substitute, as amend- Blackburn Emanuel Barrow DeLay Hulshof King (IA) ed. Blunt Emerson King (NY) Bartlett (MD) Dent Hunter Boehlert English (PA) Kingston Barton (TX) Diaz-Balart, L. Hyde The committee amendment in the Boehner Everett Kirk Bass Diaz-Balart, M. Inglis (SC) nature of a substitute, as amended, was Bonilla Feeney Kline Beauprez Doolittle Issa Bonner Ferguson agreed to. Knollenberg Biggert Drake Istook Bono Fitzpatrick (PA) The Acting CHAIRMAN. Under the Kolbe Bilirakis Dreier Jackson-Lee Boozman Flake Kuhl (NY) Bishop (UT) Duncan (TX) rule, the committee rises. Boren Foley LaHood Blackburn Edwards Jenkins Accordingly, the Committee rose; Boucher Forbes Langevin Blunt Ehlers Jindal Boustany Ford and the Speaker pro tempore (Mr. Larsen (WA) Boehlert Emerson Johnson (CT) Boyd Fortenberry LATHAM) having assumed the chair, Mr. Larson (CT) Boehner English (PA) Johnson (IL) Bradley (NH) Fossella Bonilla Everett Johnson, Sam TERRY, Acting Chairman of the Com- Brady (TX) Foxx Latham Bonner Feeney Jones (NC) mittee of the Whole House on the State Brown (SC) Franks (AZ) LaTourette Bono Ferguson Kanjorski of the Union, reported that that Com- Brown, Corrine Frelinghuysen Leach Boozman Flake Kelly Brown-Waite, Gallegly Lewis (CA) Boren Foley Kennedy (MN) mittee, having had under consideration Ginny Garrett (NJ) Lewis (KY) Boustany Forbes King (IA) the bill (H.R. 554) to prevent legislative Burgess Gerlach Linder Boyd Fortenberry King (NY) and regulatory functions from being Burton (IN) Gibbons Lipinski Bradley (NH) Fossella Kingston LoBiondo usurped by civil liability actions Buyer Gilchrest Brady (TX) Foxx Kirk Calvert Gillmor Lucas Brown (SC) Franks (AZ) Kline brought or continued against food Camp Gingrey Lungren, Daniel Burgess Frelinghuysen Knollenberg manufacturers, marketers, distribu- Cannon Gohmert E. Burton (IN) Gallegly Kolbe tors, advertisers, sellers, and trade as- Cantor Goode Lynch Buyer Garrett (NJ) Kuhl (NY) Capito Goodlatte Mack Calvert Gerlach LaHood sociations for claims of injury relating Cardoza Gordon Manzullo Camp Gibbons Latham to a person’s weight gain, obesity, or Carter Granger Marchant Cannon Gilchrest LaTourette any health condition associated with Castle Graves Marshall Cantor Gillmor Leach weight gain or obesity, pursuant to Chabot Green (WI) Matheson Capito Gingrey Lewis (CA) Chocola Green, Gene McCaul (TX) Cardoza Gohmert Lewis (KY) House Resolution 494, he reported the Clay Gutknecht McCotter Carter Goode Linder bill back to the House with an amend- Clyburn Hall McCrery Case Goodlatte LoBiondo ment adopted by the Committee of the Coble Harman McHenry Castle Gordon Lucas Cole (OK) Harris McHugh Chabot Granger Lungren, Daniel Whole. Conaway Hart McIntyre Chocola Graves E. The SPEAKER pro tempore. Under Cooper Hastings (WA) McKeon Coble Green (WI) Mack the rule, the previous question is or- Costa Hayes McMorris Cole (OK) Gutknecht Manzullo dered. Cramer Hayworth McNulty Conaway Hall Matheson Crenshaw Hefley Meek (FL) Cooper Harris McCaul (TX) Is a separate vote demanded on the Cubin Hensarling Meeks (NY) Cramer Hart McCotter amendment to the committee amend- Cuellar Herger Melancon Crenshaw Hastings (WA) McCrery ment in the nature of a substitute Culberson Herseth Menendez Cubin Hayes McHenry adopted by the Committee of the Cunningham Higgins Mica Cuellar Hayworth McHugh Davis (AL) Hinojosa Michaud Culberson Hefley McKeon Whole? If not, the question is on the

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23097 Millender- Reichert Stearns b 1314 work being carried out under the Food McDonald Renzi Stupak Stamp Act of 1977. Miller (FL) Reyes Sullivan So the bill was passed. Miller (MI) Reynolds Sweeney The result of the vote was announced I want to first say that it has been a Miller, Gary Rogers (AL) Tancredo as above recorded. pleasure working with the gentleman Moore (KS) Rogers (KY) Tanner A motion to reconsider was laid on Moran (KS) Rogers (MI) Tauscher from Texas (Mr. BONILLA) and his tal- Moran (VA) Rohrabacher Taylor (MS) the table. ented staff to put together the fiscal Murphy Ros-Lehtinen Taylor (NC) f year 2006 agricultural appropriations Musgrave Ross Terry bill, doing the best we could with very Neugebauer Royce MOTION TO GO TO CONFERENCE Thomas limited resources. Ney Ruppersberger Thompson (CA) ON H.R. 2744, AGRICULTURE, Northup Ryan (OH) Thornberry Under the circumstances, it is a bill Norwood Ryan (WI) RURAL DEVELOPMENT, FOOD Tiahrt that I was proud of, my first as ranking Nunes Ryun (KS) Tiberi AND DRUG ADMINISTRATION, Nussle Salazar Towns AND RELATED AGENCIES APPRO- minority member of this sub- Obey Sanchez, Loretta Turner committee. I also want to thank the Ortiz Saxton PRIATIONS ACT, 2006 Udall (CO) Osborne Schmidt gentleman from Wisconsin (Mr. OBEY). Upton Mr. BONILLA. Mr. Speaker, pursuant Otter Schwarz (MI) Vela´ zquez to clause 1 of rule XXII, and by direc- Mr. Speaker, I join with my col- Oxley Scott (GA) leagues to offer a motion that would in Pearce Sensenbrenner Walden (OR) tion of the Committee on Appropria- Pence Sessions Walsh tions, I move to take from the Speak- essence codify the decision announced Peterson (MN) Shadegg Wamp yesterday by the U.S. Department of Wasserman er’s table the bill (H.R. 2744) making Peterson (PA) Shaw Agriculture to shelve its so-called FSA Petri Shays Schultz appropriations for Agriculture, Rural Pickering Sherwood Weldon (FL) Development, Food and Drug Adminis- Tomorrow Plan, a plan that would Pitts Shimkus Weldon (PA) tration, and Related Agencies for the have closed 713 of the Farm Service Platts Shuster Weller Agency’s 2,351 offices across America, Westmoreland fiscal year ending September 30, 2006, Poe Simmons including two in my State of Con- Pombo Simpson Whitfield and for other purposes, with a Senate Pomeroy Skelton Wicker amendment thereto, disagree to the necticut. Had the plan gone into effect, Porter Slaughter Wilson (NM) Senate amendment, and agree to the more than a quarter of FSA’s total Price (GA) Smith (NJ) Wilson (SC) field offices would have closed at a Putnam Smith (TX) Wolf conference asked by the Senate. Radanovich Smith (WA) Wu The SPEAKER pro tempore (Mr. time when rural America is battling Ramstad Sodrel Wynn TERRY). The question is on the motion drought, the aftermath of Hurricane Regula Souder Young (AK) offered by the gentleman from Texas Katrina, and skyrocketing energy Rehberg Spratt Young (FL) (Mr. BONILLA). costs, all leading to what has been a NAYS—120 The motion was agreed to. steady deterioration of its economic base. Abercrombie Hastings (FL) Oberstar MOTION TO INSTRUCT OFFERED BY MS. DE LAURO Ackerman Hinchey Olver Ms. DELAURO. Mr. Speaker, I offer a For those unfamiliar with FSA, the Allen Holt Owens motion to instruct conferees. Farm Service Agency administers 45 Andrews Honda Pallone The Clerk read as follows: Baldwin Hoyer Pascrell different programs designed to meet Becerra Inslee Pastor Ms. DELAURO of Connecticut moves that the demands of our increasingly di- Berman Israel Paul the managers on the part of the House at the verse agricultural landscape. It pro- Bishop (NY) Jackson (IL) Payne conference on the disagreeing votes of the vides critical services to America’s Blumenauer Jackson-Lee Pelosi two Houses on the Senate amendment to the farmer, services such as assistance to Brady (PA) (TX) Price (NC) bill, H.R. 2744, be instructed to: Brown (OH) Jefferson Rahall 1. Recede to the Senate on Section 785 of specialty crop producers, disbursal of Butterfield Johnson, E. B. Rangel the Senate amendment, and payments for programs such as the to- Capps Jones (OH) Rothman Capuano Kanjorski 2. Agree to a provision that restricts, with- bacco and peanut buyout, and the han- Rush in the scope of conference, the availability of Cardin Kaptur Sabo dling of disaster assistance payments. Carnahan Kennedy (RI) Sa´ nchez, Linda funds to reimburse administrative costs Carson Kildee But perhaps more importantly, FSA T. under the Food Stamp Act of 1977 to a State Case Kilpatrick (MI) offices provide that critical link be- Sanders agency based on the percentage of the costs Chandler Kucinich Schakowsky (other than costs for issuance of benefits or tween the farmer and the Federal Gov- Cleaver Lantos Schiff ernment. In that respect, FSA still re- Conyers Lee nutrition education) obtained under con- Schwartz (PA) Costello Levin tract. tains its roots in FDR’s New Deal Scott (VA) Crowley Lofgren, Zoe b 1315 which established that the Federal Cummings Lowey Serrano Government had an appropriate role to Davis (CA) Maloney Sherman The SPEAKER pro tempore (Mr. Snyder play in ensuring a healthy rural econ- DeGette Markey TERRY). Pursuant to clause 7 of rule Delahunt Matsui Solis omy, a critical component to managing DeLauro McCarthy Stark XXII, the gentlewoman from Con- the national economy. Doggett McCollum (MN) Strickland necticut (Ms. DELAURO) and the gen- Thompson (MS) Over the years, the agency that be- Engel McDermott tleman from Texas (Mr. BONILLA) each Eshoo McGovern Tierney came the FSA managed programs such will control 30 minutes. Etheridge McKinney Udall (NM) as the standard Rural Rehabilitation Van Hollen The Chair recognizes the gentle- Evans Meehan Loan Program, which provided credit, Farr Miller (NC) Visclosky woman from Connecticut (Ms. farm, home management planning and Fattah Miller, George Waters DELAURO). Filner Mollohan Watson Ms. DELAURO. Mr. Speaker, I yield technical supervision to farms. It Frank (MA) Moore (WI) Watt helped farmers and their debtors arbi- Gonzalez Murtha Waxman myself such time as I may consume. Green, Al Nadler Weiner Mr. Speaker, I rise to offer this mo- trate agreements and head off fore- Grijalva Napolitano Wexler tion to instruct. This motion will in- closure. Indeed, FSA’s focus has Gutierrez Neal (MA) Woolsey struct House conferees for the fiscal changed as the need has. NOT VOTING—7 year 2006 agricultural appropriations After Pearl Harbor the War Food Ad- Boswell Lewis (GA) Roybal-Allard bill to insist that none of the funds ministration was organized to meet the Davis (FL) Myrick made available by this or any other act increased needs of a country at war. Keller Pryce (OH) be used to close or relocate a county or And in 1994 USDA reorganized what is local Farm Service Agency office until now the Farm Service Agency, which ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the Secretary of Agriculture has deter- included the Agricultural Stabilization The SPEAKER pro tempore (Mr. mined the cost effectiveness of such and Conservation Service, the Risk LATHAM) (during the vote). Members closures. Management Agency, and the Farm are advised that 2 minutes remain in It would also set a limit on the funds Credit portion of the Farmers Home this vote. available for States to contract out Administration.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23098 CONGRESSIONAL RECORD—HOUSE October 19, 2005 In recent years, FSA has become part effective, well-run Federal programs with the lowest error rate it has ever of USDA’s one-stop concept, a clearing- that we have. If you have any doubt had, the result of years of work by house for the delivery for farm pro- about that, I point you to the pro- USDA and by State and local employ- grams, where farmers can go for program’s remarkable response to Hurri- ees all over the country. Texas itself grams that help them stabilize farm in- cane Katrina. has a very well-operated program. Why come, conserve land and water re- Today, in Louisiana nearly 300,000 take the risk that a well-run program sources, provide credit to new or dis- households are already receiving food will, even with the best intentions, be advantaged farmers and ranchers, and stamps. In Texas there are another put at risk? help farm operations recover from the 125,000 households receiving emergency Let me just say, of all the companies effects of disaster. food stamp assistance. Altogether, with which the government can do In recent months, however, USDA nearly a million citizens affected or business with, I have serious concerns was planning what was called FSA To- displaced by Hurricane Katrina, chil- about the company that has been morrow, which ostensibly was designed dren, seniors, are receiving emergency awarded this particular food stamp to provide better staff, better equipped food stamp benefits, 25 million Ameri- contract. Accenture is a corporate ex- and trained offices to improve flexi- cans in all, reminding us once again patriate, a company that has set up bility and efficiency and to modernize that good and decent societies take paper offices overseas to avoid paying technology. These were all laudable care of their most vulnerable. American taxes, yet comes back to feed goals, despite real challenges posed by But as we speak, at least one State is at the Federal trough by way of gov- that digital divide and lack of Internet planning on delegating an unprece- ernment contracts when it is conven- access in rural America. dented billion dollar privatization con- ient. But central to FSA Tomorrow was its tract. Texas is hoping to delegate cer- One need only to look at the Depart- proposal to close over 700 FSA offices. tification and enrollment of recipients ment of Homeland Security’s $10 bil- The effect would have been clear and for food stamps to a private firm, lion US–VISIT Program which immediate, making it more difficult Accenture, LLP. Its plan is disturbing, Accenture oversees to understand such for producers to participate in USDA to say the least, as its Health and concerns. That contract is over budget, programs. Closing these offices would Human Services Department would lay behind schedule, and falling well short have fragmented the one-stop concept, off at least 1,200 stamp workers, closing of its goals. forcing many farmers to drive hun- more than a third of State-run eligi- Mr. Speaker, this is not simply about dreds of miles to the nearest FSA office bility offices around the State, 99 in an isolated issue in Texas. The taxpayers all over the country pay half of where some of the closings are occur- all. Texas is planning to replace staff the costs of running the Food Stamp ring in areas with an already high con- at low hourly rates. Program. We have an obligation to en- centration of underserved minority and The responsibility for screening ap- sure that that program is run effec- small-operation farms. plicants, filling out web-based forms tively and efficiently and in compli- This was all happening at a time and driving clients to the remaining of- ance with the law. Moreover, before when FSA services were as critical as fices for certification, that would fall other States go down the same path as ever in modern memory. Even before to community organizations. Much Texas, we need to be sure we under- Katrina there was extensive work like with farmers in the proposed FSA stand what the implications are first. going on for hurricane and flood relief office closing, clients, including their That is what this motion would ac- for the Southeast and mid-South, as children, seniors and many who do not complish. Protecting vital services and well as work around drought problem speak English, would be forced to trav- benefits offered through the Food in the Midwest; and we know the havoc el long distances for these services. Stamp Program is something all of us Katrina wrecked on the gulf coast. There are a host of problems with the share, which is why we need to ensure What was most worrisome about the Texas plan. For one, it appears illegal, that those charged with administering FSA Tomorrow Plan was its formula- conflicting with Federal statutes gov- and carrying out these programs are by tion by USDA without any cost anal- erning the Food Stamp Program, which and large public employees. They are ysis to show why it was necessary, nor requires States to seek a waiver from the ones with the expertise. They are was there any input from Congress. the USDA. the ones with the experience on the Thankfully, in the wake of Senate ac- In a letter to the ranking member on front lines. And, Mr. Speaker, they tion, USDA announced yesterday that the Senate side, the USDA said the fol- were the ones who made it possible for it would set aside FSA Tomorrow and lowing: We do not have enough infor- the victims of Hurricane Katrina to its timetable for implementation. mation to ascertain whether or not put food on the table, who showed us As such, we offer this motion today Texas’ proposal is in compliance with that even in the face of all those to codify that decision, protecting Con- the act in regard to the certification of failings of leadership government can gress’ jurisdiction in the formulation recipients. States are required to seek make a difference in people’s lives. of policy so vital to American farmers’ a waiver from the USDA, and Texas Making sure that continues is what interest. We all support improving FSA sought no such waiver. Indeed, USDA this motion accomplishes. efficiency, streamlining the program so has raised questions directly to the Mr. Speaker, I reserve the balance of that our farmers can get the best serv- Texas Health and Human Services my time. ices possible. But I think yesterday’s Commission for over a year, asking it Mr. BONILLA. Mr. Speaker, I yield decision confirmed that ensuring FSA for information demonstrating this myself such time as I may consume. field offices remain open and within contract is in compliance with Federal Mr. Speaker, I rise in opposition to reach of our farmers is a critical piece law, and has received no real response. the motion but first I would like to of making that happen. Secondly, there are several worri- say, Mr. Speaker, that it is a pleasure Mr. Speaker, the second component some conflicts of interest. The Houston to work with my ranking member from of this motion would instruct conferees Chronicle reports that the HHS Chief Connecticut, a person who comes to to limit the availability of food stamp Information Officer involved in con- work every day wanting to see some se- funds that can be contracted out by tract negotiation was once an em- rious work done and a colleague who States. Specifically, such language ployee of a firm that partnered with has always been very direct about what would prohibit a State agency from Accenture. Additionally, the former she wants to accomplish even when we using Federal funds if they privatize a HHS Deputy Commissioner who helped do have disagreements. certain percentage of their food stamp develop the bidding procedures subse- On this particular motion I do agree program operations. quently went to work for Accenture. with a portion, in the principle of what What this is about is ensuring the in- What makes this so unfortunate is the FSA portion says in this motion. tegrity of the Food Stamp Program, that it is so unnecessary. The Food The gentlewoman is correct the De- which, Mr. Speaker, is one of the most Stamp Program right now is operating partment of Agriculture went about

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23099 there the wrong way in terms of trying effectively get the product to the peo- a draft.’’ But in fact USDA had pulled to select offices around the country ple truly in need. So that is my reason all 50 State FSA directors into Wash- without any input, without any input for opposing this motion to instruct. ington to give them instructions about from the House or the Senate or, if Mr. Speaker, I reserve the balance of how to go about selecting which offices they did choose to listen to input, com- my time. would be closed. pletely ignored what we had to say. Ms. DELAURO. Mr. Speaker, I yield 1 So it seems to me that USDA was When I had conversations with those minute to the gentleman from Missouri disingenuous in their response to the in charge at USDA, I pointed out ini- (Mr. SKELTON). Congress of the United States and that tially that if there are going to be cuts, Mr. SKELTON. Mr. Speaker, today I any self-respecting Congress would pull we understand that cuts need to be rise in support of the motion to in- that agency’s chain until we get made. Everybody understands that, but struct the conferees regarding the straight answers to straight questions. we wanted to make sure that if cuts USDA spending bill offered by the gen- The second issue that this motion were made and designated positions tlewoman from Connecticut (Ms. deals with is the question of whether or were listed that they had to have an DELAURO). The gentlewoman from Con- not Texas ought to be able to go off on equal number of positions here at necticut has been a diligent advocate its own, in violation of Federal law, by USDA, at the big conglomerate that we for the Nation’s farmers during her privatizing the administration of the have here in Washington. first year as ranking member on the food stamp program. Subcommittee on Agriculture, Rural In June of 2004, Texas asked USDA to b 1330 Development, Food and Drug of the approve their request to privatize the Do not just cut the field staff that Committee on Appropriations, and I administration of that program. The serves farmers and ranchers around the am proud to have watched her work USDA sent them numerous letters re- country; but, again, let us make it fair successfully on behalf of the agricul- questing information that would en- and let us talk about it. First and fore- tural interests of my home State of able USDA to determine whether or most, we wanted to talk about it open- Missouri. not the plan that Texas was providing ly and have input because we are the Mr. Speaker, this motion asks the was rational or not and whether it was legislative body that has oversight on conferees to recede to the Senate lan- consistent with law or not; and Texas what the executive branch does. guage that stops the United States De- has, frankly, stiffed the agency. So I do agree with what the gentle- partment of Agriculture from going If you take a look at the letters sent woman has to say. However, the ad- forward with its plans to close the by the agencies, you will see for in- ministration has already acknowledged Farm Service Agency offices, an initia- stance that in a letter from USDA to and listened to these remarks that tive they call FSA Tomorrow, during Senator HARKIN, USDA said: ‘‘We do many of us have made in the House and fiscal year 2006. not yet have enough information to as- Senate and has chosen to backtrack Now, while I join most of my col- certain whether or not Texas’s pro- and withdraw the list of proposed cuts, leagues from rural America in applaud- posal is in compliance with the act in offices to be closed that was put out ing the USDA for backing away from regard to the certification of recipi- just a few days ago. this proposal yesterday, Congress must ents.’’ It also then went on to say: ‘‘We On the other part of the motion, I make it crystal clear that the adminis- are concerned with the State’s aggres- would differ greatly with the gentle- tration’s plan is bad, bad for farmers, sive schedule for rolling out this woman from Connecticut on the food and that we will not fund FSA office- project, especially with regard to con- stamp outsourcing, because as the gen- closings whatsoever. This is especially tingency planning.’’ tlewoman understands, I support the true since there has been nothing writ- In another letter from USDA to the food stamp program wholeheartedly ten in the law to prevent USDA from Texas Health and Human Services and it has been historically supported having a sudden change of heart and Commission, USDA stated: ‘‘FMS wholeheartedly in a bipartisan way. We within the next 12 months closing the needs to have clear and coherent nar- have never run short on the program, offices. rative explanations of the food stamp and everyone who needs to take part in Ms. DELAURO. Mr. Speaker, I yield 6 certification process that are grounded this program has always had a meal minutes to the gentleman from Wis- in the contract and its supporting doc- and had the food products they needed consin (Mr. OBEY). uments.’’ USDA then went on to tell in their homes regardless of where they Mr. OBEY. Mr. Speaker, I thank the Texas: ‘‘We must ensure that your new live or their ethnic background or what gentlewoman for yielding me this time. system is in full compliance with food part of the country they come from. Mr. Speaker, this motion is really stamp rules, regulations, and policy But this language, in my view, would meant to do two things: it is meant to and that service to our program clients tie the hands of some States that are rein in bureaucratic arrogance on the is not compromised.’’ implementing the program and distrib- part of USDA, and it is meant to rein Nonetheless, despite that, the Texas uting the benefits effectively, includ- in bureaucratic arrogance on the part State government has yet to respond ing my home State of Texas. But this of the State government of Texas. With and provide the kind of information motion to instruct would also encom- respect to USDA, this motion would that is needed by USDA if USDA is to pass Florida, Pennsylvania, New York, prevent the arbitrary and secret clos- consider approval of their plan. and California. ing of almost one-third of Farm Serv- The problem with the Texas plan is Now, in terms of outsourcing, it is ice Agencies around the country. that while recipients are guaranteed my very strong belief that if a State is In the agriculture appropriation sub- under the law that they will have an administering the program effectively committee hearing this year, the sub- opportunity to have their eligibility and they have no outsourcing, that is committee chairman asked the USDA determined by a State employee, in wonderful. That is fine. But if another witnesses if their budget was based in fact, what Texas is trying to do is to State decides, as we do in the State of any way on an assumption that there circumvent Federal law and allow eli- Texas do it, and I believe the statistic would be a closure of Agriculture De- gibility to be determined by a private now is about 14 percent of the program partment offices. The agency re- party. The problem with that is that if is now outsourced, and it works well, sponded in the negative. you have a public servant who denies then we ought to be allowed to do that. And yet The Washington Post has you a right, you are entitled under the So all I am saying is that the language now revealed in a September article law and you have a somewhat more di- in this motion to recommit would inap- that FSA had plans afoot to close 713 rect redress than you do if you have a propriately indicate that Congress does Farm Service Agencies around the private citizen working for a private not feel like the States ought to be country. When that was discovered, the company who has no long-term com- able to administer this program the Agriculture Department indicated, mitment to the government and who way they see fit in their community to ‘‘Oh, this was just a draft. It was just can simply stiff the recipients and does

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23100 CONGRESSIONAL RECORD—HOUSE October 19, 2005 not have to answer questions from the quite trees up to Austin, Texans, who According to the lawmakers, including government. depend on food stamps for enough Chet Edwards of Waco, Eddie Bernice John- The government is supposed to be ac- nourishment to get their kids to son of Dallas, and Lloyd Doggett of Austin, tive in protecting the rights of each the current plan to launch the new system school, or to be able to survive as a statewide in 11 months ‘‘is a reckless time- and every individual citizen of this senior. These folks are going to be di- table that does not allow time to test or country. Texas is interposing itself to rectly affected. evaluate the new technology or its impact on prevent that right from actually being Currently, they are able to go in, and food stamp recipients.’’ delivered; and in the process, in my certainly along the border area if they The U.S. Senate already has banned such view, Texas is clearly in violation of feel more comfortable in Spanish, to mass privatizations of food stamp programs. the law because they have proceeded talk face-to-face with someone who has Similar legislation is pending in the House. Texas stands to lose federal food assistance with a plan that has not yet been ap- expertise in this area, to talk with funding if it goes forward with the Accenture proved by USDA. them and have that experienced public contract and the privatization prohibition Again, any self-respecting Congress, servant assess what their needs are and becomes law. in defense of what is existing law, ensure that taxpayers are protected, The issue of conflict of interest by state of- would pass this motion so that Texas and that there is not fraud, and ensure ficials in the awarding of the contract has cannot unilaterally obviate State law. that their needs are fully satisfied. been raised in the past year in Houston Ms. DELAURO. Mr. Speaker, I yield Now those folks in Hebbronville, San Chronicle reports. The HHS chief information officer involved in pre-award negotia- 81⁄2 minutes to the gentleman from Diego, George West, and Lockhart are tions was a former employee of a firm Texas (Mr. DOGGETT). being told go to the Internet or go to partnering with Accenture, and the former Mr. DOGGETT. Mr. Speaker, I ap- some long-distance number because HHS deputy commissioner who helped de- plaud the gentlewoman for her very you will no longer be able to assess velop the bidding procedures subsequently important motion to instruct. It is a your needs on the local level. And in went to work for Accenture. IBM, which also motion to instruct that is designed to McAllen, Mission, and Austin, staff sought the contract, has sued the state agen- prevent an ideological experiment will be cut by 50 percent. cy alleging bias in the awarding of the pact. being conducted on some of the most The Austin-based Center for Public Policy That is why, Mr. Speaker, I have Priorities is urging Texas lawmakers to sup- vulnerable people in our society. It is been joined by 10 of my Texas col- port a pilot program to test the Accenture about what has gone wrong in Texas, leagues in questioning this scheme and system before putting it into effect state- but it is much more than that because raising questions to the U.S. Depart- wide. As staffer Celia Hagert points out, the we are about to have a very bad prece- ment of Agriculture. And I will provide issue involves access to life supporting bene- dent established that will spread across for the RECORD a report from the Cen- fits for the most vulnerable Texans and is this country affecting the old, the ter on Public Policy Priorities in Aus- particularly important for Harris County poor, the hungry, the victims of where 13 percent of Texas food stamp recipi- tin, an excellent report, under its di- ents reside. Katrina, and the victims who are left rector, Judge F. Scott McCown, and There are plenty of unanswered questions behind. with the able participation of Celia C. about the awarding of the Accenture con- As all the Nation saw in the disaster Hagert, analyzing this, as well as an tract and its feasibility to justify a delay in that was the Federal response to editorial that is on point in today’s implementing this radical revamping of the Katrina, a hurricane is not the only Houston Chronicle. way Texas administers social services. Noth- ing is put at risk by testing the company’s time that working poor people in this [From the Houston Chronicle, Oct. 19, 2005] country get left behind. The Texas ex- ability to adequately fulfill its contract on a AN UNTESTED PLAN small scale. There’s plenty to be lost in liq- periment on poor people suggests that Texas Health and Human Services officials uidating a state-run system that has worked the answer to food security that food continue to discuss with their federal coun- well in the past and in potentially imperiling stamps provide is to close one out of terparts at the Department of Agriculture an the health and welfare of tens of thousands every four offices that people go to to unprecedented billion dollar welfare privat- of people. assess their food stamp needs, to fire a ization contract. It delegates certification significant number of public employees and enrollment of recipients for programs in- CONGRESS OF THE UNITED STATES, who have expertise in this area, and to cluding food stamps, Medicaid and the Chil- HOUSE OF REPRESENTATIVES, Washington, DC, September 2, 2005. suggest to old and poor and hungry dren’s Health Insurance Program known as CHIP to a private firm, Accenture LLP. Re Texas’s misguided plan to privatize the people that what they need to do in- There are a number of troubling features eligibility determination process for the stead of turning to a public servant is in this deal that justify delaying its imple- Food Stamp Program. to log on the Internet. mentation while it is tested on a small scale ERIC M. BOST, Yes, that is actually what the State around the state. Under Secretary for Food, Nutrition, and Con- of Texas is suggesting. And they offer The pact allows Accenture to set up a sumer Services, Department of Agriculture, to these poor people, not all of whom handful of calling centers in Texas where op- Alexandria, VA. are literate in English or Spanish much erators would help applicants navigate the DEAR SECRETARY BOST: We are writing to less literate in the language of e-com- federal and state aid bureaucracy. Mean- express our deep concerns about the State of while, Texas Health and Human Services will Texas’s efforts to privatize the eligibility de- merce, they offer them an alternative, lay off thousands of food stamp workers and termination process for the Food Stamp Pro- which is the one that so many Amer- close more than a quarter of state-run eligi- gram. As Members of Congress from Texas, ican families have faced, to dial in and bility offices around the state. In their place, we are apprehensive about the impact the be put on hold, much as the victims of Accenture plans to hire staff at low hourly State’s proposal could have on low-income Katrina were put on hold. You punch in rates while depending on community organi- Texans who rely on this assistance, as well a number and then you get referred to zations for volunteers to screen applicants, as the precedent this effort sets for such another number and you get to wait fill out Web-based forms and drive clients to practices to be adopted throughout the Na- the remaining offices for certification. tion. and wait and wait; and maybe eventu- Six Texas Democratic members of Con- Texas proposes to replace half of the ally this company, Accenture, which gress have written Eric Bost, U.S. undersec- State’s eligibility workers with privately chose to establish its base not in Amer- retary for food, nutrition and consumer serv- contracted employees at four call centers. ica but in Bermuda so it could dodge as ices, to express concerns. They point out The State would close 99 of its 380 eligibility much of its tax responsibility as it pos- that closing state offices would require offices, which would mean longer travel dis- sibly could, that this company will longer travel distances for clients, primarily tances for many clients, most of whom would substitute for a face-to-face evalua- the elderly, children and the working poor, still be required to go to an office to com- tion. many of whom do not speak English. They plete their application and be finger-imaged. I represent the poorest county in the charge that the expectation of a million The State has called on community- and hours of volunteer service to make the plan faith-based organizations to donate over one United States, Starr County, Texas, work is unrealistic and ‘‘would place an un- million volunteer hours to assist clients in the poorest statistical metropolitan acceptable and perhaps impossible burden on navigating the more automated system to area, McAllen-Mission; and a lot of these organizations, many of whom are vol- make up for reductions in the State work- people along the way through the Mes- unteer-run themselves.’’ force. This would place an unacceptable and

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23101 perhaps impossible burden on these organiza- million contract with Accenture, LLP to re- tem. HB 2292, the 2003 law that directed the tions, many of which are volunteer-run vamp and take over operation of the state’s state to evaluate the cost-effectiveness of themselves. eligibility and enrollment systems for Med- using call centers, also required HHSC to de- We believe that privatizing the Food icaid, CHIP, Food Stamps, and TANF cash termine whether the state or a private com- Stamp Program offers little advantage and assistance. The contract includes mainte- pany could offer the greatest savings. may put our most vulnerable citizens at nance of TIERS (the computer system that HHSC’s analysis claims that the contracted risk. We are deeply concerned about the im- will support eligibility determination) and system offers the state 8.6% more in savings, pact the proposal could have on hard-to- an enrollment broker program for Medicaid or roughly $210 million over five years. The reach populations, in particular children, managed care and CHIP clients. The con- cost comparison attributes 1.5% of these ad- people with disabilities, and seniors seeking tract is the latest development in the state’s ditional savings to the difference in the cost food assistance who may have trouble with plans to move to a more automated system of employee benefits under a contracted sys- the more automated approach to enrollment. for enrolling people in these benefits and will tem. The source of the remaining additional No state has ever privatized the determina- lead to the use of four call centers and an savings is not identified in the summary. tion of eligibility for Food Stamps, and the Internet application, with fewer eligibility The savings identified HHSC last week wisdom of abandoning the collective knowl- staff and local offices. Many important de- when the contract was announced are higher edge and experience of so my current eligi- tails about the contract and the new system than originally projected in the March 2004 bility workers is uncertain at best. It is im- have not been released yet, including the lo- business case, which claimed $389 million in possible to estimate the number of eligible cation of office closures, whether necessary savings. At the same time, the total number persons likely to lose Food Stamp benefits as federal approvals have been granted, and the of staff proposed for the new system has they lose access to local offices and face-to- timeline for employee lay-offs and call cen- risen from 3,377 (proposed in March 2004) to face interviews. Therefore, we are very con- ter implementation. This Policy Page shares 5,398. There are other inconsistencies be- cerned about the enormous consequences of what we know so far about these latest de- tween last year’s business case analysis and this proposal. There are still many unan- velopments in the state’s plans to use pri- the documents HHSC released last week swered questions about the impact of such vate call centers to enroll people in public when the contract was announced, including an approach on the Food Stamp program. We know of no plan to evaluate this new benefits. differences in the ‘‘baseline’’ budget (the approach even though the State has already Nuts and Bolts: Four call centers will be cost if we stuck with the current system) signed a five-year contract that calls for an established to help people apply for and re- projections for 2006–2010. We anticipate 11-month statewide rollout. We believe this certify for public benefits. Staffed primarily HHSC will release information shortly to is a reckless timetable that does not allow by Accenture employees, the call centers clarify these differences. enough time to test or evaluate the new will be open from 8 a.m. to 8 p.m., Monday Staff Reductions: According to an HHSC technology or its impact on Food Stamp re- through Friday, with the ability for callers presentation to eligibility staff last month, cipients. A more thoughtful approach would to leave a recorded message after hours. The the total number of staff in the new sys- be to test the system in one area for 12 2–1–1 system, the state’s information and re- tem—including public and private employ- months, followed by an independent evalua- ferral network for social services, will be the ees—will drop from 5,824 current employees tion. Since the contract was signed before portal to the call centers. One call center (as of June 1, 2005) to 5,398. The schedule for the Food and Nutrition Service reviewed and will be located in Austin, where the CHIP laying off state workers and achieving the granted approval for the plan, we urge you to call center is now (this call center’s duties overall reduction in force has not been an- adopt this more thoughtful approach as a will be folded into the new call center). The nounced. Out of the 5,398 remaining staff, condition of continuing receipt of federal location of the other three has not been an- 2,500 jobs will be held private call center em- funds. nounced, although San Antonio, Tyler, and ployees, which means the same number of We urge you to require the State to submit Odessa are rumored to be candidates. state staff will lose their jobs (HHSC is com- a request for a waiver of the Food Stamp law In the new system people will be able to mitted to finding these employees different related to merit system employees con- apply for benefits over the Internet or via a jobs within the HHS system; Accenture also ducting eligibility determinations. Should call center, as well as to check the status of has indicated a hiring preference at the call the United States Department of Agriculture their application through an automated centers for former state workers). In addi- decide to approve such a waiver, we urge phone system. Some clients will still be re- tion to the private sector employees, there you, at a minimum, to require Texas to pilot quired to appear in person at a local office to will be 2,898 state staff: 298 will be assigned test the new system in a limited geographic complete their application. HHSC staff have to the call centers, 1,800 to the remaining environment for at least 12 months and to said previously that only those clients with field offices, 600 outstationed at hospitals engage an independent entity to produce a a finger imaging requirement (the majority and clinics, and 200 assigned to traveling formal evaluation of the pilot program be- of the 900,000 households on Food Stamps) ‘‘SWAT’’ teams that will respond to fluctua- fore the program is permitted to expand. The will have to go to a local office. In addition, tions in staffing needs throughout the state. geographic areas selected should be rep- clients who request an in-person interview The total number of workers in the new resentative of Texas’s diverse ethnic and lin- with a caseworker will be granted one. Emer- system will be 37% higher than originally guistic population, and should encompass gency requests for Food Stamps (state law projected in HHSC’s March 2004 cost-effec- rural areas to determine the challenges rural requires benefits to be delivered within 24 tiveness study, which proposed staffing the residents will face in a system with such hours) are expected to be processed at local new system with only 3,377 employees. drastically reduced local services. offices, rather than through the call center. Although the proposed staffing levels are Should you decide to grant such a waiver, The local workforce centers that assist far higher than originally anticipated, the we request that you not do so before a de- HHSC clients with employment services (ad- number may still be inadequate to deal with tailed background briefing for our offices ministered by the Texas Workforce Commis- the growing workload in the system, even if and a public hearing before Congress. The sion through a system of locally run regional the improvements anticipated from better public needs to understand the implications workforce development boards) will still pro- technology and a more automated enroll- of privatizing such a critical and basic part vide these services and monitor whether cli- ment process are actually realized. Staff re- of the Food Stamp Programs. ents are complying with program work reductions over the last eight years have We appreciate your attention to this im- quirements. caused disruptions in services to clients and portant matter and request that you contact One hundred (100) offices will be closed, breaches in customer service, resulting in us regarding the actions you plan to take in leaving 281 open. HHSC had originally pro- lawsuits. These cuts were made despite grow- this matter. Should you have any questions posed closing 217 offices. An announcement ing caseloads and workload and have badly or concerns regarding this issue, please do about office closures is expected this month. damaged the foundation for the current eli- not hesitate to contact us. Role of Community-Based Organizations: gibility system. Inadequate resources have Sincerely, When the state’s plans to use call centers been compounded by complicated eligibility Hon. Lloyd Doggett, Hon. Henry Cuellar, were first announced in March 2004, HHSC rules that vary across programs, a hard-to- Hon. Ruben Hinojosa, Hon. Sheila proposed using 600 volunteers and relying on serve clientele, and a constantly changing Jackson Lee, Hon. Al Green, Hon over one million volunteer hours per year policy environment. All told, the proposed Silvestre Reyes, Hon. Eddie Bernice from nonprofit and faith-based organiza- renovation faces a great deal of major re- Johnson, Hon. Charles Gonzalez, Hon. tions, prompting an outcry from nonprofits pairs. While the new system may resolve Chet Edwards, Hon. Solomon Ortiz, about their inability to take on this respon- some of these shortcomings, no system, no Hon. Gene Green. sibility without compensation. matter how efficient or modern, can make up Savings: With the contract announcement, for shortages in the workforce. [From the Policy Page, July 7, 2005] HHSC also issued a one-page summary of its Timeline: The first call center is expected HHSC AWARDS CALL CENTER CONTRACT cost comparison of the estimated savings to begin operations in Austin in November On June 30, the Health and Human Serv- possible through a state-operated integrated 2005, with remaining call center operations ices Commission announced a 5-year, $899 eligibility system versus a contracted sys- and system changes phased in beginning in

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23102 CONGRESSIONAL RECORD—HOUSE October 19, 2005 January 2006. The statewide roll-out is esti- then went to work for Accenture, sur- relying on a handful of calling centers, mated to be complete by the end of 2006. This prisingly enough. It sounds a lot like closing more than a fourth of the l4-month timeline may not allow adequate the cronyism in Washington we have State-run eligibility offices, not allow- time to test the new technology needed to been hearing so much about lately. The ing time to test or evaluate the new support the system or to assess clients’ ability to grapple with a more automated ap- situation was so bad that IBM, Inter- technology or its actual impact on food proach to enrollment. Although pressure national Business Machines, which also stamp recipients, the conflict of inter- from the legislature—the final state budget bid on this contract, after this person est by State officials in awarding the for 2006–2007 assumed a reduction of more set the procedures and then went off to contract, and the call of the Center for than 4,000 HHSC eligibility staff—may be work for the people who were awarded Public Policy Priorities to support a driving such an aggressive timeline, a slow- the contract, has sued the State of pilot program. I also find it indeed er, more rational approach to such drastic Texas alleging bias in the award. ironic, and I agree with the chairman changes would produce a better system in My concern is that we not shift to an on the importance of not prematurely the long run while mitigating the risks of going too fast. impersonal system that does not meet closing these Farm Service Agencies The Pros and Cons of Privatization: CPPP the needs of poor people in our State because this is what this motion to in- acknowledges that private companies may and at the same time, as the Houston struct also is about. I represent a num- offer innovations and savings the state could Chronicle points out today, it is ‘‘an ber of those rural producer areas. If we not achieve on its own. However, although unprecedented billion-dollar privatiza- are not going to close those offices, the additiona1 15-year savings of $210 million tion contract,’’ that the taxpayers do why is it again that the poor people achievable through privatization (versus a not end up losing even as the most vul- who are applying for food stamps, that state-run, revamped system) sounds impres- nerable people in our society lose. sive, much of these projected additional sav- their offices get closed. That is what ings are likely the result of reductions in This privatization scheme relies not will happen if this motion to instruct salary, health benefits, and pension plans. To on experienced public servants, but it which has been ably worded by the gen- make room for these savings, thousands of will shift more of the burden to com- tlewoman from Connecticut (Ms. well-paying state jobs with family-sup- munity volunteers, to churches, and to DELAURO) is not adopted. porting health, vacation, and retirement local nonprofits. And while it is great I hope my colleagues in a bipartisan benefits will be replaced with lower-paying to have those people and organizations way will join with the expressions of private sector jobs with fewer benefits. Most as part of our social safety network, concern from the U.S. Department of notably, according to HHSC’s presentation they cannot substitute for the experi- Agriculture and put a stop to this until to eligibility staff, Accenture will not contribute to dependent health benefits such as enced backup, as we found in the Hurri- it is market tested and before this the state does for its employees, opting in- cane Katrina disaster, of a public safe- faulty experiment is foisted off on both stead for a flexible spending account option ty net. That is what this motion to in- the taxpayer and the hungry people of that allows employees to set aside their own struct preserves. America. pre-tax income to pay for dependent health Mr. Speaker, if you do not have ac- Mr. BONILLA. Mr. Speaker, I yield premiums and other out-of-pocket medical cess to the Internet, do not want to be back the balance of my time. costs. The loss of employer-sponsored de- put on hold indefinitely to some un- Ms. DELAURO. Mr. Speaker, I yield pendent health coverage may lead to an in- known line across the world to wher- myself the balance of my time. crease in need for publicly funded health in- ever Accenture locates its phone cen- Mr. Speaker, I want to say to the surance—increasing these costs for the state—or more uncompensated care that will ter, the only other alternative is to get gentleman from Texas (Mr. BONILLA), be borne by local governments and tax- in the car and drive. We all know if we his opening comments and his con- payers. With privatization also comes in- are going to have to drive with all of versations with USDA with regard to creased risk, which may outweigh the sav- the nearby offices closed to one far the Farm Service Agency field offices, ings associated with outsourcing. away, that also because of the policies it sounds like we had very, very similar Other Issues and Concerns: It is also un- of this administration the price of gas- conversations. I think we both agree, clear whether HHSC has received the nec- oline has gone out the roof. even in light of yesterday’s letter, it is essary approvals from the federal agencies I think as a practical matter, putting good to trust but it is also good to that administer these programs and share the cost of the benefits they provide. These this scheme on hold, it is clear that the verify. agencies will have to approve the cost-reim- administration, the response that I got With regard to the second portion of bursement methodology in the contract, the only within the last few days from an the motion to instruct with which the allocation of costs to the federal agencies Under Secretary of Agriculture, indi- chairman has concerns, I would say that administer these programs, and the de- cating that there were concerns with that the Food Stamp Program is a Fed- cision to privatize the eligibility system, the speedy nature of the way the State eral program. Fifty percent of the ad- which could require a waiver of federal law had gone about this proposal, con- ministrative costs are Federal, 100 per- that HHSC has not requested. Both the Fed- cerned the Department of Agriculture. cent of the benefits are Federal. In our eral Food Stamp and Medicaid statutes require public employees to determine eligi- They raised a number of questions. I bill there is $40 billion that we are bility for these benefits. think this is consistent with their con- about to appropriate for this program; cerns to not rush into this. and, in fact, I think we cannot willy- b 1345 In the event we are to move to such nilly make changes in the program Mr. Speaker, the idea of ensuring as an insensitive system, it ought to at without coming back to the Federal much efficiency in this program, as least be market tested. No business— Government for waivers as such. will all, is one that I applaud. But the and we are always hearing about the In closing, let me say this motion is way that the State of Texas has gone importance of running government as a the right thing to do. I would repeat it about it is very troubling. Indeed, to- business—would go off with this kind is twofold, codifying USDA’s decision day’s vote on this motion to instruct is of scheme if it were introducing a new yesterday to keep open more than 700 a vote for food security, a vote for product without at least testing it. FSA offices, returning jurisdiction of health security, and a vote against cro- That is what we have been calling for. the issue to the hands of Congress nyism. Before you do an experiment on all of where it belongs, and ensuring that our As noted in a series of reports that the poor and hungry people of Texas food stamp programs are not the Houston Chronicle undertook on that could spread across the country, privatized. this proposal, and in today’s editorial, at least do some limited testing on With respect to FSA, I would repeat the former Texas Health and Human that proposal and see if it works or it this motion is needed because even Services Deputy Commissioner who creates more cost to the taxpayer and though the FSA Tomorrow Plan has helped develop the bidding procedures more pain to the hungry. been shelved for the time being, we are to close down these offices and sub- I believe that the editorial in today’s already hearing reports that USDA is stitute the Internet and Accenture’s Houston Chronicle sums up the prob- contemplating reviving this plan, per- telephone lines to who knows where lems in talking about the difficulties of haps under a new name, and Congress

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23103 needs to ensure that the people im- today on motions to suspend the rules 1925 of the Social Security Act shall con- pacted most directly by this plan, our on which a recorded vote or the yeas tinue through December 31, 2005, in the man- farmers, have a say in how that mod- and nays are ordered, or on which the ner authorized for fiscal year 2005, notwith- ernization plan is carried out. vote is objected to under clause 6 of standing section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the On the latter point with respect to rule XX. United States not otherwise appropriated, food stamps, I would repeat, this is not Record votes on postponed questions there are hereby appropriated such sums as just a Texas issue. The Federal Govern- will be taken later today. may be necessary for such purpose. Grants ment and taxpayers all over the coun- f and payments may be made pursuant to this try pay half the cost of running the authority through the first quarter of fiscal PROVIDING FOR CONCURRENCE BY Food Stamp Program. That means that year 2006 at the level provided for such ac- HOUSE WITH AMENDMENTS IN we, the Congress, have an obligation to tivities through the first quarter of fiscal SENATE AMENDMENT TO H.R. ensure that the program is run effec- year 2005. 3971, QI, TMA, AND ABSTINENCE tively, efficiently and in compliance SEC. 103. ELIMINATION OF MEDICARE COVERAGE PROGRAMS EXTENSION AND OF DRUGS USED FOR TREATMENT with the law. HURRICANE KATRINA UNEM- OF SEXUAL OR ERECTILE DYSFUNC- The Food Stamp Program is oper- TION. PLOYMENT RELIEF ACT OF 2005 ating with the lowest error rate it has (a) IN GENERAL.—Section 1860D–2(e)(2)(A) ever had, the results of years of work Mr. MCCRERY. Mr. Speaker, I move of the Social Security Act (42 U.S.C. 1395w– by USDA, State and local employees, to suspend the rules and agree to the 102(e)(2)(A)) is amended— and bipartisan support from this insti- resolution (H. Res. 501) providing for (1) by striking the period at the end and in- tution. We do not want to see a repeat the concurrence by the House with serting ‘‘, as such sections were in effect on the date of the enactment of this part.’’; and of what happened in Colorado where amendments in the amendment of the Senate to H.R. 3971. (2) by adding at the end the following: the State spent millions of Federal ‘‘Such term also does not include a drug funds on a computer system that not The Clerk read as follows: when used for the treatment of sexual or only did not work, but prevented thou- H. RES. 501 erectile dysfunction, unless such drug were sands of needy people from getting gov- Resolved, That, upon the adoption of this used to treat a condition, other than sexual ernment benefits like food assistance resolution, the House shall be considered to or erectile dysfunction, for which the drug and health insurance. Particularly have taken from the Speaker’s table the bill has been approved by the Food and Drug Ad- H.R. 3971, with the Senate amendment there- with many believing the State of Texas ministration.’’. to, and to have concurred in the Senate (b) CONSTRUCTION.—Nothing in this section is counting on the White House to amendment to the bill with the following shall be construed as preventing a prescrip- override any efforts by USDA officials amendments: tion drug plan or an MA–PD plan from pro- to rein in this plan, we know Congress In lieu of the matter proposed to be in- viding coverage of drugs for the treatment of must address this issue and do it imme- serted by the amendment of the Senate to sexual or erectile dysfunction as supple- diately. the bill, insert the following: mental prescription drug coverage under sec- In all these instances, we are re- SECTION 1. SHORT TITLE. tion 1860D–2(a)(2)(A)(ii) of the Social Secu- minded of the same thing, that govern- This Act may be cited as the ‘‘QI, TMA, rity Act (42 U.S.C. 1395w–102(a)(2)(A)(ii)). ment has an obligation to people, and Abstinence Programs Extension and (c) EFFECTIVE DATES.—The amendment Hurricane Katrina Unemployment Relief Act made by subsection (a)(1) shall take effect as whether it is ensuring our most needy of 2005’’. if included in the enactment of the Medicare citizens receive food stamps or our TITLE I—HEALTH PROVISIONS Prescription Drug, Improvement, and Mod- farmers receive the services they need SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL ernization Act of 2003 (Public Law 108–173) to keep planting, harvesting, and sell- (QI) PROGRAM. and the amendment made by subsection ing crops. This is about the Congress, (a) THROUGH SEPTEMBER 2007.—Section (a)(2) shall apply to coverage for drugs dis- this institution, its role in ensuring 1902(a)(10)(E)(iv) of the Social Security Act pensed on or after January 1, 2007. that the American people tackle their (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by SEC. 104. ELIMINATION OF MEDICAID COVERAGE toughest challenges together. That is striking ‘‘September 2005’’ and inserting OF DRUGS USED FOR TREATMENT ‘‘September 2007’’. OF SEXUAL OR ERECTILE DYSFUNC- our responsibility to the American peo- TION. ple, and fulfilling that obligation is (b) EXTENDING TOTAL AMOUNT AVAILABLE FOR ALLOCATION.—Section 1933(g) of such Act (a) IN GENERAL.—Section 1927(d)(2) of the what this motion would accomplish. (42 U.S.C. 1396u–3(g)) is amended— Social Security Act (42 U.S.C. 1396r–8(d)(2)) is Mr. Speaker, I yield back the balance (1) in paragraph (2)— amended by adding at the end the following of my time. (A) by striking ‘‘and’’ at the end of sub- new subparagraph: The SPEAKER pro tempore (Mr. paragraph (B); ‘‘(K) Agents when used for the treatment of TERRY). Without objection, the pre- (B) by striking the period at the end of sexual or erectile dysfunction, unless such vious question is ordered on the motion subparagraph (C) and inserting a semicolon; agents are used to treat a condition, other than sexual or erectile dysfunction, for to instruct. and (C) by adding at the end the following new which the agents have been approved by the There was no objection. Food and Drug Administration.’’. The SPEAKER pro tempore. The subparagraphs: ‘‘(D) for the period that begins on October (b) ELIMINATION OF FEDERAL PAYMENT question is on the motion to instruct 1, 2005, and ends on December 31, 2005, the UNDER MEDICAID PROGRAM.—Section 1903(i) offered by the gentlewoman from Con- total allocation amount is $100,000,000; of such Act (42 U.S.C. 1396b(i)) is amended— necticut (Ms. DELAURO). ‘‘(E) for the period that begins on January (1) by striking ‘‘or’’ at the end of paragraph The question was taken; and the 1, 2006, and ends on September 30, 2006, the (19); Speaker pro tempore announced that total allocation amount is $300,000,000; (2) by striking the period at the end of the ayes appeared to have it. ‘‘(F) for the period that begins on October paragraph (20) and inserting ‘‘; or’’; and 1, 2006, and ends on December 31, 2006, the (3) by inserting after paragraph (20) the fol- Ms. DELAURO. Mr. Speaker, on that lowing new paragraph: I demand the yeas and nays. total allocation amount is $100,000,000; and ‘‘(G) for the period that begins on January ‘‘(21) with respect to amounts expended for The yeas and nays were ordered. 1, 2007, and ends on September 30, 2007, the covered outpatient drugs described in section The SPEAKER pro tempore. Pursu- total allocation amount is $300,000,000.’’; and 1927(d)(2)(K) (relating to drugs when used for ant to clause 8 of rule XX, further pro- (2) in paragraph (3), in the matter pre- treatment of sexual or erectile dysfunc- ceedings on this question will be post- ceding subparagraph (A), by inserting ‘‘, (D), tion).’’. poned. or (F)’’ after ‘‘subparagraph (B)’’. (c) CLARIFICATION OF NO EFFECT ON DETER- (c) EFFECTIVE DATE.—The amendments MINATION OF BASE EXPENDITURES.—Section f made by this section shall be effective as of 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. ANNOUNCEMENT BY THE SPEAKER September 30, 2005. 1396v(c)(3)(B)(ii)(II)) is amended by inserting PRO TEMPORE SEC. 102. EXTENSION OF TRANSITIONAL MED- ‘‘, including drugs described in subparagraph ICAL ASSISTANCE (TMA) AND ABSTI- (K) of section 1927(d)(2)’’ after ‘‘1860D–2(e)’’. The SPEAKER pro tempore. Pursu- NENCE EDUCATION PROGRAM. (d) EFFECTIVE DATE.—The amendments ant to clause 8 of rule XX, the Chair Effective as if enacted on September 30, made by this section shall apply to drugs dis- will postpone further proceedings 2005, activities authorized by sections 510 and pensed on or after January 1, 2006.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23104 CONGRESSIONAL RECORD—HOUSE October 19, 2005 TITLE II—ASSISTANCE RELATING TO drugs for treatment of erectile dysfunc- did 2 weeks ago. It is unlucky 13, be- UNEMPLOYMENT tion. cause the Republicans have redefined SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR Mr. Speaker, the compromise bill the Federal response to a natural dis- 2006. today includes the very same unem- aster to include a legislative disaster, Section 903 of the Social Security Act (42 ployment insurance benefits that were this bill. Republicans wring their hands U.S.C. 1103) is amended by adding at the end the following: included in the previously passed and they exude political concern for ‘‘(e) SPECIAL TRANSFER IN FISCAL YEAR House bill. We make a few changes in people affected by the hurricane, but 2006.—Not later than 10 days after the date of the effective days of some of the pro- they do not walk the talk. the enactment of this subsection, the Sec- grams I referred to earlier. For exam- Mr. Speaker, I think you can tell the retary of the Treasury shall transfer from ple, the QI–1 program in the bill before President he can go to the gulf coast as the Federal unemployment account— us today is extended through Sep- many times as he wants. He has been ‘‘(1) $15,000,000 to the account of Alabama tember 30, 2007, instead of the date of there six already. It will not do any in the Unemployment Trust Fund; good, because all those people down ‘‘(2) $400,000,000 to the account of Louisiana December 2006 which was included in in the Unemployment Trust Fund; and the previously passed House bill. there read the Bible and go to church ‘‘(3) $85,000,000 to the account of Mississippi In addition, the bill before us in- on Sunday, and they know that Bible in the Unemployment Trust Fund.’’. cludes the Senate-passed extension of verse that says: By your deeds you SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COM- the Abstinence Education Program shall know them. It is not the fact that PENSATION ADMINISTRATION TO which was not included in our earlier- you go down there and stand around for ADDRESS HURRICANE KATRINA. passed version of this bill. photo ops; it is what you do when you Notwithstanding any provision of section 302(a) or 303(a)(8) of the Social Security Act, Mr. Speaker, I would urge all Mem- come back to Washington, D.C. any State may, on or after August 28, 2005, bers today to do the same thing they Now, there is not enough of anything, use any amounts received by such State pur- did 2 weeks ago and support this bill most especially the strong shoulders of suant to title III of the Social Security Act and pass it to give badly needed assist- the Federal Government, in this bill. to assist in the administration of claims for ance to those States along the gulf This legislation offers no real relief to compensation on behalf of any other State if coast who are experiencing very much jobless disaster victims. It did not 13 a major disaster was declared with respect to increased unemployment due to Hurri- days ago, and it does not today. We such other State or any area within such cane Katrina. continue to ignore three major prob- other State under the Robert T. Stafford lems: Disaster Relief and Emergency Assistance Mr. Speaker, I reserve the balance of Act by reason of Hurricane Katrina. my time. First of all, 6,000 people have already SEC. 203. REGULATIONS. Mr. MCDERMOTT. Mr. Speaker, I exhausted unemployment benefits in The Secretary of Labor may prescribe any yield myself such time as I may con- Alabama, Louisiana, and Mississippi. operating instructions or regulations nec- sume. There is no extension for them. An- essary to carry out this title and any amend- Mr. Speaker, I want to begin by giv- other 20,000 jobless workers in these ment made by this title. ing a weather report. In the Caribbean States are projected to run out of bene- Amend the title so as to read: ‘‘To extend there is another hurricane developing fits by Christmas. Nothing is done for medicare cost-sharing for qualifying individ- called Wilma. It is a stage 5 and it is them. These workers need a federally uals through September 2007, to extend tran- funded extension of their benefits while sitional medical assistance and the program headed toward the Florida keys. So I for abstinence education through December think Members ought to be listening if they put their lives back together and 2005, to provide unemployment relief for they live in the State of Florida be- search for employment. States and individuals affected by Hurricane cause 13 days ago we stood right here Secondly, Mississippi, Alabama, and Katrina, and for other purposes.’’. and called for an appropriate Federal Louisiana had the three lowest levels The SPEAKER pro tempore. Pursu- response for the people in the gulf of average weekly unemployment bene- ant to the rule, the gentleman from coast. fits in the entire Nation. In all three States, the average benefit is less than Louisiana (Mr. MCCRERY) and the gen- b 1400 tleman from Washington (Mr. $200 a week. That is about half the pov- MCDERMOTT) each will control 20 min- One that would rise to the same level erty level for a family of four. Now, ask utes. of responsibility as the waters that yourself, is that the best we can do? I The Chair recognizes the gentleman rose and flooded the homes, hopes, and mean, after we spent all that money in from Louisiana (Mr. MCCRERY). communities along the gulf coast. Our Iraq, is that the best we can do for the Mr. MCCRERY. Mr. Speaker, I yield response was inadequate then, and it is gulf coast, offer people half of poverty? myself such time as I may consume. only worse today. I certainly want to The Federal Government should step in Mr. Speaker, the bill before us today exempt the gentleman from Louisiana and help people get up on their feet, is a compromise between a bill that the from what I say here because I know not down on their knees. House has previously passed dealing that this is not a bill that he produced. The third problem with this bill is with unemployment insurance benefits He is being sent out here by his leader- the disaster-affected States are seeing for the affected States on the gulf ship to put this bill on the floor, and it an enormous surge in unemployment coast that were devastated by Hurri- is not what he would do for the people claims. In Louisiana alone, new claims cane Katrina and the Senate bill which of Louisiana. for unemployment benefits have surged addressed the same issue. Tens of thousands of Americans are 10 times the normal level, 10 times the There were other matters included in without housing, health coverage, pro- normal level; and State officials expect one or other of the bills, including the tection of children, and without unem- Katrina-related unemployment bene- extension of the Transitional Medical ployment benefits or their employ- fits to exceed $800 million. That money Assistance Program, which continues ment. Tens of thousands are filing for is supposed to come from a State econ- Medicaid for families leaving welfare unemployment benefits; benefits are omy that has been devastated by the for work, the Abstinence Education running out for thousands more. The loss and dislocation of 70,000 busi- Program, and the QI–1 program magnitude of the disaster is unmistak- nesses. It just does not work. If you do through which State Medicaid pro- able, and the Republican response has not have people working paying unem- grams help low-income seniors pay been unconscionable. This is a con- ployment insurance, you are not going Medicare part B premiums. tinuing disaster. The storm was weeks to have the money to pay benefits. Also, this bill is completely paid for, ago, but this continues. Under Louisiana law, once their un- and the pay-for in this bill is the same In this time of domestic crisis, the employment trust fund slips below a as it was in the House bill when it Republican survival kit has been to certain level, automatic benefit cuts passed the House floor a couple of give people in the gulf a teaspoon to for jobless workers and tax increases weeks ago, and that is to prohibit empty the ocean out of their lives, and for employers are triggered into effect. Medicare and Medicaid coverage of here we are 13 days later doing what we This bill does nothing about that. That

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My advice thing that the State will lose as a re- been bungled, inept, and very suspect. to those folks is do not hold your sult of this disaster, nonetheless, it is a We owe the people of the gulf coast breath. very, very important infusion of cash something more than our sympathies. People across America are watching right now to my State and to Mis- We know the problems, and the Federal and hoping for the President to say sissippi and to Alabama to help them Government can solve these problems; something other than, Brownie, you in this very bad time shortly after the but we are not going to do that again have done a heck of a job. storm when unemployment is reaching today. Instead, again, the Republicans Denial is not an appropriate response its peak. want to pass a bill that sends a lump to this natural disaster, and that is So, again, just as I did 2 weeks ago, I sum of money to these hard-hit States what this House is doing. Responsi- would urge the gentleman from Wash- to bear yet another burden. bility and relief are what is needed and ington and others in this House not to The lump sum is not enough, because required by the Federal Government. stop this bill from passing. Work with it covers less than half the cost of reg- The Republicans are in charge from top us later to perfect other bills which ular unemployment claims caused by to bottom. It is time they lead with may be needed when we get more evi- the disaster. If you are going to do a their heart and their head and not dence in as to the financial effects on lump sum, at least do a lump sum that their chin. Meager is the only word these States because of the effects of meets what you know is happening. Do that I could use here to describe what the disaster, and we will certainly not give them half. Where are they sup- their response to Hurricane Katrina is, work with them to provide additional posed to get the other half, give them but that is where the Republicans are assistance. a tin cup and stand on the corner? heading, another meager response. Mr. Speaker, I must add that this There is no money at all to extend ex- There is still time to change the House and indeed this Congress has piring benefits or to supplement the course. There is still time for the Fed- passed and the President has signed meager benefits currently available. eral Government to be an agent of good over $62 billion of relief for the disaster With an effort like this, the Republican that it is supposed to be. Mr. Speaker, stricken States along the gulf coast. I House is using Michael Brown’s FEMA domestic security includes a roof over do not know of anyone who would call as a model, that is, Way to go, Brown- your head, a hot meal, and a helping that a meager response. That is indeed ie. hand to rebuild the life lost through no a very robust response. Yes, we are ex- Ask people in the shelters, ask people fault of your own. What the Repub- periencing some difficulties in getting with no place to call home, ask Ameri- licans continue to provide is a tarp and that money out the door, on the cans on any street corner, and they a can and a good luck sign. We do not ground, to the purposes for which it would be embarrassed all over again. need thumbs up. We need wheels down, was intended; but those are bureau- We are giving $500 million. It sounds and bring the help. cratic problems that we have with any like a lot of money, right? We have $25 Mr. Speaker, I reserve the balance of large government program. But the billion in the fund that we could use my time. money has been appropriated, Congress for this purpose. We are out of touch, Mr. MCCRERY. Mr. Speaker, I yield has taken action, the President has and the people in Louisiana and Ala- myself such time as I may consume. signed those bills, and the money is bama and Mississippi are running out Mr. Speaker, first of all, I want to there waiting to be spent. So I do not of time. thank the gentleman from California call that a meager response. I call that As things stand, it is really getting (Mr. THOMAS) and the gentleman from a robust response, a very quick re- worse every day for disadvantaged New York (Mr. RANGEL), chairman and sponse; and today’s bill is just another Americans, and we are making them ranking member of the Ways and step in providing an immediate repay for the folly. The majority will lo- Means Committee. I also want to sponse to the problems. cate the storm directly over the heads thank the gentleman from Louisiana Again, I can assure this House that of every disadvantaged and disenfran- (Mr. JEFFERSON) and the gentleman my State very badly needs the provi- chised American. Fiscal offsets did not from Washington (Mr. MCDERMOTT), sions of this bill today and very badly concern Republicans when they gave my distinguished colleagues on the wants this bill to be passed and signed every millionaire a $100,000 tax break committee. A lot of people have by the President. Then, if there is more or charged the people of the United worked hard on this issue of unemploy- needed down the road, we can come States $215 billion for an illegal war in ment insurance. I also want to thank back and address that at the appro- Iraq. We could put that on future gen- the staff of the Ways and Means Com- priate time; but today I believe this is erations, but not this bill. This one we mittee on both sides of the aisle, Dem- an appropriate response of this House have to put on the backs of the people. ocrat and Republican, for jumping in and this Congress to help these States We had to find offsets; we had to cut very early after Katrina hit to start with their immediate unemployment something to meet the needs of Ameri- dealing with all of these issues within insurance needs to keep the taxes on cans affected by one natural disaster. our jurisdiction that affect the victims their employers in those States from Republicans demanded that the dis- of this disaster. Thanks to the hard going up at the very time when we advantaged pay the price. Their re- work of members of the committee and need to encourage businesses to response is to put food on the table of staff, we have been able to pass already start, to reinvest, and to retire employ- one American family by making it a number of bills that the President ees. harder on the folks next door. Share has signed to help mitigate the dis- Mr. Speaker, again, I would urge pas- the pain? No, no, no. Republicans shift aster. sage of this very badly needed legisla- the blame and the pain to the least This bill before us today is one that tion today. able to fight back. I can assure the Members of this House Mr. Speaker, I reserve the balance of Mr. Speaker, President Bush went and the gentleman from Washington my time. down and promised that we would do that my State very badly wants right Mr. MCDERMOTT. Mr. Speaker, I whatever it took to help these people now; it is very badly needed. They are yield 4 minutes to the gentleman from get back on their feet. Well, it takes in fact spending money from their un- Ohio (Mr. BROWN). more than going down and standing in employment trust fund at a very fast Mr. BROWN of Ohio. Mr. Speaker, front of a mike and giving a photo op clip, and their part of this $500 million today the House of Representatives is

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doing the right thing about health years, 50 percent in the last 4 years. Mr. MCDERMOTT. Mr. Speaker, I care. The QI program helps low-income Seniors were just notified they are yield myself such time as I may con- beneficiaries cover the cost of the going to pay almost $90 a month for sume. Medicare premium. Without this pro- their Medicare premium, and do my I think the gentleman from Lou- gram, many elderly Americans would colleagues know why? It is because my isiana should hear our comments as sink below poverty as they attempt to friends on the other side of the aisle being supportive of the problems. It is pay for doctors’ visits out of pocket. are slavish devotees to tax cuts for the not that we do not think they have That not only places the elderly at wealthiest Americans. done something. It just needs to be risk; it is wasteful from a fiscal per- So, as wealthy Americans see their more, and I say it for two reasons. spective. When Medicare eligibles can- incomes go up and up and up, as the One is that I think that the people of not afford the premium associated with minimum wage has stayed flat for 5 the gulf coast really are going to need doctors’ visits and other outpatient years, as wages for 95 percent of the more. I can predict almost without any services, Medicaid becomes their in- American people have been stagnant, fear at all that we will be back out surer of last resort. Absent QI, this pro- we have got to give tax cuts for the here in 3 months or 2 months or 1 gram, more elderly Americans and in- wealthiest people in this country, to month or whatever asking for more dividuals with disabilities would need the richest people making over $250,000, money to fill up the problems. I think Federal and State assistance through $300,000 a year, and then we have to cut this paying a little at a time is just not Medicaid in addition to their Medicare Medicaid. Then we have to increase the best way to do it, but if my col- hospital coverage. Medicare premiums. Then we have to leagues have to do it that way, they have to do it that way. b 1415 take from the middle class and the working poor. The second reason I stand up here Investing in premium assistance now It is immoral, it is wrong, and my and respond in this way is that I know saves both Federal dollars and State colleagues should listen to what the I come from a place where we have dollars. gentleman from Washington (Mr. earthquakes, and there are Members on This bill also extends the Transi- MCDERMOTT) said when he quoted from this floor from California who come tional Medical Assistance Program, the New Testament and talked about from earthquake areas. There are TMA. It provides health insurance to we will be judged by our deeds. We also places all over this country where tor- families as they move from welfare to should think about our faith in terms nadoes are a real problem, and I think the workforce. It is both a public of social justice. We also should think we have to think of ourselves as a Fed- health imperative and a jobs initiative. about our faith in doing to the least of eral Government that deals with the Similar to the QI, it is an investment these among us. problems of any part of the United to the Federal budget in the long run, We ought to think about our faith in States that needs it. It may be the gulf in this case by promoting workforce coast right now, and we can find all participation. making this country a better place, and frankly, my friends on the other kinds of problems with whatever the Ideally, today’s legislation would gulf coast did or did not do, but the make QI and TMA programs permanent side of the aisle have failed miserably on that account. people deserve our best effort here in so that these all-too-frequent reauthor- this House. Mr. MCCRERY. Mr. Speaker, I yield izations would no longer be necessary. For that reason, I intend to support myself so much time as I may con- I hope we can work on a bipartisan this bill, and the gentleman from Ohio sume. basis to secure a permanent authoriza- (Mr. BROWN) will, I am sure, and I tion. Mr. Speaker, again, I want to thank think the gentleman has a unanimous At the beginning of my remarks I the gentleman from Ohio for his con- vote here, but we took this time be- said today the House of Representa- tributions to perfecting the part of this cause we wanted to say that we tives is doing the right thing about legislation that concerns the QI pro- thought it was necessary to think health care. Unfortunately, yesterday gram and the extension of that pro- much more broadly and comprehen- they were not, this body was not. The gram. His input, as well as many oth- sively about this than I think the lead- day before this body was not doing the ers in this House, were very valuable in ership on the Republican side was will- right thing about health care, and allowing us to reach a compromise and ing to look at at this time. They are week before, week before, week before get this bill to the floor. So I thank going to have to face it soon. this they were not doing the right him for that. Mr. Speaker, I yield back the balance thing about health care. With respect to Medicare premiums, of my time. Now, as we talk about Katrina, pay- we are all concerned about that. The Mr. MCCRERY. Mr. Speaker, I yield ing for this terrible tragedy that hap- gentleman makes a valid point. He, of myself so much time as I may con- pened along the gulf coast, some Re- course, knows very well that the Medi- sume. publicans want to cut Medicaid by $12 care premiums are simply a function of Mr. Speaker, just in closing, again I billion, $15 billion cut, cut other kinds the cost of the Medicare part B pro- would like to thank the gentleman of programs, increase Medicare pre- gram and have nothing to do with from Washington (Mr. MCDERMOTT), miums, cut out all kinds of programs taxes of any sort in this country. We my colleague on the Committee on that serve the working poor. Other Re- are all concerned about trying to hold Ways and Means, for being so construc- publicans simply want to add this cost down the increases in medical costs, tive throughout this process. He has of Katrina, as they add the $1 billion a not only for Medicare beneficiaries but tried to offer constructive suggestions week for the Iraq War, to the national for everybody in our society. for inclusion in this legislation. Unfor- deficit so that our kids and our I would urge the gentleman from tunately, we have not been able to ac- grandkids can pay the cost. Ohio and others to join us in trying to commodate all of his requests, but we Unfortunately, no Republican, to my attack the root causes of those cost in- have included, for example, the flexi- knowledge, is standing up and saying creases, such as medical malpractice bility with the use of this money for maybe we ought to cancel the tax cuts reform, which we passed through this the States to increase benefits if they that are for the wealthiest 1 percent of House but we cannot quite get through so choose on a temporary basis, to do Americans. So the choice has become the Senate. Maybe with the gentle- some of things that the gentleman this. My friends on the other side of man’s help, we can get those things from Washington (Mr. MCDERMOTT) the aisle say let us give tax cuts to the passed and get those costs under con- was so rightly concerned about. wealthy, and then we have to cut Med- trol so we can control the increases of So, again, I appreciate his input, as I icaid. Then we have to raise Medicare the Medicare part B premium. do the input of other members of the premiums. Medicare premiums already Mr. Speaker, I reserve the balance of committee on this issue, and urge all of having gone up 50 percent in the last 4 my time. us to continue to work together to try

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23107 to appropriately respond to this dis- Mr. GENE GREEN of Texas. Mr. Speaker, the QI program, where States and CMS were aster, as well as any others that we un- I rise today in support of H. Res. 501, legisla- unsure whether or how to continue the pro- fortunately experience in this country. tion that will extend the important Transitional gram as funding expired on September 30. With that, Mr. Speaker, I would urge Medical Assistance and Qualified Individuals We must also consider making program im- passage of H. Res. 501. programs. Over the past few years, these pro- provements to both programs that would sim- Mr. CUMMINGS. Mr. Speaker, I rise today grams have been reauthorized by short-term plify enrollment and retention of eligible indi- to support the reauthorization of the Qualified extensions that offer low-income beneficiaries viduals. I recently reintroduced legislation, Individual (QI–1) program, which helps over of the programs few assurances that they will H.R. 3980, the Medicare Beneficiary Assist- 161,000 low-income elderly and disabled be able to depend on the benefits in the fu- ance Improvement Act, to address this matter Medicare beneficiaries with incomes between ture. While I support this extension bill, Con- in the QI program. And I have also included 120 and 135 percent of poverty to pay their gress should be acting I today to make these such provisions for the TMA program in H.R. Medicare Part B premiums. This critical pro- programs permanent. 2071, the Family Care Act of 2005, which I re- gram expired on September 30, 2005. The TMA program provides an important in- introduced earlier this year. The Qualified Individual program saves eligi- centive for low-income individuals to move off Finally, I have concerns about the provision ble participants approximately $1,000 per of welfare and into employment by ensuring we are using to pay for these extensions. This year. We’re talking about individuals who usu- continued access to health care. Health insur- provision strikes Medicare and Medicaid cov- ally pay for most of their living expenses out ance is a critical factor in everyone’s employ- erage of particular drugs that had been pre- of checks that range in amount from $1,097 to ment decisions. Without TMA, many families viously covered. The provision, in the out $1,464 per month. Just to emphasize, that would have little incentive to move off of wel- years, raises more revenue than is needed for equates to a meager $13,164 to $17,568 in fare and leave behind the Medicaid benefits these short-term program extensions. We total income per year. Needless to say, this that TANF beneficiaries often receive. TMA al- should have saved the remainder to use for assistance serves as a vital resource for a lows for extended health care coverage when another day. But despite these reservations, very vulnerable sector of our population. low-income families lose traditional Medicaid there is great urgency in extending the QI and Mr. Speaker, both the House and the Sen- benefits due to an increase in income. While TMA programs, so I am supporting the pack- ate have passed bills to reinstate the program. four months of TMA coverage is assured age. Today, I am happy to see that the Social under current law, the six-to-twelve month ex- Mr. MCCRERY. Mr. Speaker, I yield Services Emergency Relief and Recovery Act tension that families so often need falls under back the balance of my time. of 2005, H.R. 3971, a bill designed primarily to a legislative sunset. While our action today will The SPEAKER pro tempore (Mr. provide relief to the Hurricane victims, includes extend this coverage, we should be making LATHAM). The question is on the mo- an extension of the QI–1 program, an essen- this extension permanent. tion offered by the gentleman from tial subsidy for some of our neediest Medicare Likewise, we should be acting today to Louisiana (Mr. MCCRERY) that the beneficiaries. This program comes with a com- make Medicare’s QI-1 program permanent. House suspend the rules and agree to parably meager $300 million price tag and the This program is critical for Medicare bene- the resolution, H. Res. 501. benefit it delivers is priceless. I urge my col- ficiaries whose income is between 120% and The question was taken; and (two- leagues to support passage of this bill. 135% of the federal poverty level, as it pro- thirds having voted in favor thereof) In fact, Mr. Speaker, if Congress does not vides these individuals with assistance with the rules were suspended and the reso- act soon on reauthorizing the QI program, in their Medicare Part B premiums. Since Quali- lution was agreed to. December of this year, over 161,000 bene- fied Individuals are not otherwise eligible for A motion to reconsider was laid on ficiaries will receive a Social Security check Medicaid, the QI-1 program is critical in ensur- the table. that is reduced by a whopping $234.60 for the ing low-income seniors’ access to physician f month. That is why over thirty-five senior orga- care. nizations, including the AARP, the Gray Pan- Mr. Speaker, I support the efforts of the bill RECESS thers, Alliance for Retired Americans, National sponsor to swiftly enact this important legisla- The SPEAKER pro tempore. Pursu- Caucus and Center on Black Aged, National tion. However, I regret that it includes extra- ant to clause 12(a) of rule I, the Chair Council on Aging and the United Jewish Com- neous provisions that would limit Medicaid and declares the House in recess subject to munities to name a few, have contacted Mem- Medicare beneficiaries’ access to certain the call of the Chair. bers of Congress urging immediate action on classes of prescription drugs. Physicians, not Accordingly (at 2 o’clock and 23 min- reauthorizing this program. Congress, know best when a prescription drug utes p.m.), the House stood in recess As many of my colleagues know, the Quali- is medically necessary, and the government subject to the call of the Chair. fied Individual program has suffered from un- should not interject in decisions between a pa- certain reauthorization and funding since it ex- tient and his doctor I about the proper course f pired in 2002. Since its expiration, it has hob- of treatment. b 1615 bled along on a series of Continuing Resolu- Despite those reservations, this bill offers tions—falling on the mercies of our oft-hurried important benefits to low-income individuals’ AFTER RECESS appropriations process. I firmly believe that access to health care, and I urge my col- The recess having expired, the House this program is of utmost importance—that leagues to join me in supporting it. was called to order by the Speaker pro costs us so little when we consider its impact. Mr. DINGELL. Mr. Speaker, I am pleased to tempore (Mr. SIMPSON) at 4 o’clock and We should reauthorize it with all due speed, see that the House and Senate have finally 15 minutes p.m. not subject it to the hurricane relief tennis worked out their differences to extend two pro- match between the House and Senate leader- grams that provide important health care as- f ship. sistance for low-income elderly and working ANNOUNCEMENT BY THE SPEAKER In the alternative, H.R. 3800, a bill intro- families. PRO TEMPORE duced last month by Representatives KUCINICH The Qualified Individual, QI, program pro- and LATOURETTE, of which I am a cosponsor, vides assistance with the cost of Medicare The SPEAKER pro tempore. Pursu- is a straightforward bipartisan bill to extend the premiums for certain low-income individuals. ant to clause 8 of rule XX, the Chair Qualified Individual program for one year. I ap- The Transitional Medicaid Program, TMA, pro- announces that further proceedings on plaud these Members for their leadership on vides temporary Medicaid coverage to families the motion to instruct conferees on its introduction. moving off of welfare to the workforce. H.R. 2744 will resume tomorrow. If we cannot wrest the QI–1 program out of This legislation considered today merely f the political volley surrounding hurricane fund- provides a short-term extension. I continue to ing, I urge the House leadership to bring H.R. believe, however, that these programs should MESSAGE FROM THE PRESIDENT 3800 to the floor for immediate consideration be made permanent. First, they are good pro- A message in writing from the Presi- and passage. We have the power to fix this grams that provide much needed assistance. dent of the United States was commu- and I urge my colleagues to reauthorize the Second, we should avoid the situation we find nicated to the House by Mr. Sherman QI–1 program now. ourselves in now, particularly with respect to Williams, one of his secretaries.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23108 CONGRESSIONAL RECORD—HOUSE October 19, 2005 FISCAL RESPONSIBILITY IN Section 202(d) of the National Emer- proves you are the lady boys we always KATRINA’S WAKE gencies Act, 50 U.S.C. 1622(d), provides believed you to be. You attack and run (Mrs. SCHMIDT asked and was given for the automatic termination of a na- away like women.’’ permission to address the House for 1 tional emergency unless, prior to the Now, when one talks like that to an minute and to revise and extend her re- anniversary date of its declaration, the Arab, they are asking for it. That is marks.) President publishes in the Federal Reg- not leading to peace. That is not done Mrs. SCHMIDT. Mr. Speaker, yester- ister and transmits to the Congress a by culturally sensitive people who are day I attended a Committee on Trans- notice stating that the emergency is to bringing American democracy. That is portation and Infrastructure sub- continue in effect beyond the anniver- the language of people who ran Abu committee meeting entitled ‘‘A Vision sary date. In accordance with this pro- Ghraib. That is the kind of thing that and Strategy For Rebuilding New Orle- vision, I have sent the enclosed notice brings us down, not raises us up. No ans.’’ I found it to be interesting, and I to the Federal Register for publication, elections, no trials of Saddam will am excited for the opportunity to help stating that the emergency declared change that. rebuild one of America’s great cities. It with respect to significant narcotics [From the Sidney Morning Herald, Oct. 19, is an undertaking that we must take traffickers centered in Colombia is to 2005] seriously. continue in effect beyond October 21, FILM ROLLS AS TROOPS BURN DEAD Amid the allegations that Katrina 2005. The most recent notice con- (By Tom Allard) evacuees’ relief supplies were found in tinuing this emergency was published U.S. soldiers in Afghanistan burnt the bod- the garages of government officials, it in the Federal Register on October 20, ies of dead Taliban and taunted their oppo- is obvious that there is a lot of poten- 2004 (69 Fed. Reg. 61733). nents about the corpses, in an act deeply of- tial abuse for misspending $100 billion The circumstances that led to the fensive to Muslims and in breach of the Ge- of Federal money. It is with this in declaration on October 21, 1995, of a na- neva conventions. tional emergency have not been re- An investigation by SBS’s Dateline pro- mind that I felt the need to urge my gram, to be aired tonight, filmed the burning colleagues to exercise discretion when solved. The actions of significant narcotics traffickers centered in Colombia of the bodies. authorizing additional funding. It also filmed a U.S. Army psychological Following yesterday’s subcommittee continue to pose an unusual and ex- operations unit broadcasting a message meeting, I knew that I had a duty to traordinary threat to the national se- boasting of the burnt corpses into a village speak on behalf of the American tax- curity, foreign policy, and economy of believed to be harbouring Taliban. payers. Only after intense scrutiny and the United States and to cause unpar- According to an SBS translation of the with due diligence should we appro- alleled violence, corruption, and harm message, delivered in the local language, the in the United States and abroad. For soldiers accused Taliban fighters near priate additional funds, making sure Kandahar of being ‘‘cowardly dogs’’. ‘‘You al- that government is doing its job, re- these reasons, I have determined that it is necessary to maintain economic lowed your fighters to be laid down facing building the schools and infrastruc- west and burnt. You are too scared to re- ture. pressure on significant narcotics traf- trieve their bodies. This just proves you are There were two statements given in fickers centered in Colombia by block- the lady boys we always believed you to be,’’ testimony that were particularly trou- ing their property and interests in the message reportedly said. bling to me. First was the mayor, who property that are in the United States ‘‘You attack and run away like women. wants now to have a light rail system or within the possession or control of You call yourself Taliban but you are a dis- United States persons and by depriving grace to the Muslim religion, and you bring to facilitate future evacuations. Now, I shame upon your family. Come and fight like am all for rebuilding New Orleans, but them of access to the U.S. market and financial system. men instead of the cowardly dogs you are.’’ this is not an opportunity to get your The burning of a body is a deep insult to Christmas list out and go fishing on GEORGE W. BUSH. Muslims. Islam requires burial within 24 THE WHITE HOUSE, October 19, 2005. pet projects. hours. The other was the statement from f Under the Geneva conventions the burial the Governor. Someone on the com- CULTURAL SENSITIVITY of war dead ‘‘should be honourable, and, if mittee asked how much money Lou- possible, according to the rites of the reli- (Mr. MCDERMOTT asked and was gion to which the deceased belonged’’. isiana had spent to date. She had no given permission to address the House U.S. soldiers said they burnt the bodies for idea. No idea of how much money her for 1 minute and to revise and extend hygiene reasons but two reporters, Stephen State has spent? How can we trust this his remarks, and include extraneous Dupont and John Martinkus, said the expla- government with our money when it material.) nation was unbelievable, given they were in an isolated area. cannot account for its own? Mr. MCDERMOTT. Mr. Speaker, I do We have limited resources. This is SBS said Australian special forces in Af- not know how to get to the White ghanistan were operating from the same base the American taxpayers’ money. We House, but maybe you do. Could you need to spend it prudently and wisely. as the U.S. soldiers involved in the incident, please tell the President they need although no Australians took part in the ac- I ask for caution in spending American some cultural sensitivity training up tion. taxpayer dollars. there? The incident is reminiscent of the psycho- f When he sends out his ambassador, logical techniques used in Iraq’s Abu Ghraib prison. CONTINUATION OF NATIONAL his good friend, Karen Hughes, and EMERGENCY WITH RESPECT TO tells the Saudi women that she sees the f day when they will drive cars and they SIGNIFICANT NARCOTICS TRAF- SPECIAL ORDERS laugh at her and tell her they like the FICKERS CENTERED IN COLOM- The SPEAKER pro tempore. Under BIA—MESSAGE FROM THE way things are, there is something amiss. We are running this war on ter- the Speaker’s announced policy of Jan- PRESIDENT OF THE UNITED uary 4, 2005, and under a previous order STATES (H. DOC. NO. 109–61) ror as though it was a war on Islam. We must change that. of the House, the following Members The SPEAKER pro tempore laid be- This morning’s Sydney Morning Her- will be recognized for 5 minutes each. fore the House the following message ald carries a story about our troops in f from the President of the United Afghanistan which is very disturbing. States; which was read and, together It talks about our troops burning bod- EDUCATION FUNDING SOLUTIONS with the accompanying papers, without ies and then saying in the villages FOR THE WEST objection, referred to the Committee where this happened, ‘‘You allowed The SPEAKER pro tempore. Under a on International Relations and ordered your fighters to be laid down facing previous order of the House, the gen- to be printed: west and be burnt. You are too scared tleman from Utah (Mr. BISHOP) is rec- To the Congress of the United States: to retrieve their bodies. This just ognized for 5 minutes.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23109 Mr. BISHOP of Utah. Mr. Speaker, a the Federal Government shall, not of debt in the name of the American couple of weeks ago I had the oppor- might or if or may, but shall dispose of people. tunity of addressing this body and il- the land, and 5 percent of all of the pro- The U.S. debt is up 60 percent under lustrating a problem that we have, es- ceeds were to go back to the States for the Bush-Cheney watch with the Re- pecially in the West. I think that prob- a permanent education fund to fund publicans in charge of Congress, a 60 lem can be illustrated best by two their education. To be honest, actually percent increase in the Federal debt in charts that we have here. three States did not have that. They 5 years. That took some doing. That The first chart, everything that is in said their 5 percent was supposed to go means every American, from the blue in this chart is the amount of land for infrastructure and roads. But ev- tiniest baby to the oldest senior cit- that is owned by the Federal Govern- eryone was supposed to get something izen, today owes about $27,000. That is ment in each State. The second one is back from the Federal Government. a heck of a burden to carry. everything that is in red are the States In the mid-1970s, this Congress And then this year, they are touting that are having the difficult time of ac- changed the rules of the game without the fact that they only have the third tually funding their own education sys- consulting these States and passed leg- largest deficit in history at $312 billion. tems. Those are the States having the islation that said our official policy They are saying, big progress. Of slowest growth in education. will now be to keep the land and not course, they forget to tell you that Now, I do not think it takes a rocket pay the 5 percent. What bill 3463 in- that does not include borrowing every scientist to realize there is a correla- tends to do is say, okay, fine, let them penny of this year’s Social Security tion between the red States having keep the land, except have the States surplus of $180 billion, which is only problems funding education and the choose 5 percent of the land that is paid for by working people, not the blue States that are controlled by the available, and we will take some things rich who are favored by the tax cuts. Federal Government with all their off the table, like national parks, Only people who earn less than $94,000 land. It is not because these red States monuments, reservations, military in- pay Social Security taxes. They are do not have high taxes. In fact, they stallations, things that are not valu- paying $180 billion more than is nec- have a higher tax than the yellow able to the States anyway. But of the essary for the program, with the idea it States. It is not because they do not remaining land that is there, let them is being saved. have a commitment to education; they choose 5 percent of that land for their It is not being saved. This adminis- actually spend a greater percentage of own to put it in for the purpose of tration is taking that money and their budget on education than the yel- building education funds in each of spending it, part of it to finance tax low States. The difference is, we have a those western States. cuts for rich people who do not pay So- cavalier attitude about public lands If these western States could take cial Security taxes. A great noose on that we should realize hurts kids and it the 5 percent of their land that is avail- the taxpayers’ money. hurts their education in the West. able and couple it with the school trust But now they are born again, right Now, there is a solution to it; and it lands already open to them, they could here on the floor in front of us this comes with a simple fruit, it is an create amazing economic zones, espe- week, as fiscal conservatives. They say apple, which stands for the Action Plan cially in rural parts of their States, they want to pay for the Katrina dis- For Public Lands and Education. I wish which would not only build the econ- aster, but there is only one way to do I could say I was smart enough to have omy, but which would also pay for the it. Cut the tax cuts for the rich people? thought of it, but it was actually de- education of their kids. Since we are in Oh, no, no, no. Wasteful spending? No. signed by some State legislators work- an energy crisis, much of this land How about, let us go to the programs ing the Council State Governments would be dealing with the growth and that are important to average Ameri- West that recognized this problem and energy and potential for that growth. cans. Health care for seniors: they came up with a solution to it. One of the things we have is a cava- want to cut Medicare and Medicaid for There are two bills that we have lier and sometimes a flippant attitude seniors. Education: kids are already which can deal with those solutions. about these lands in the West. I had an struggling to go to school, but cut edu- The first one would say, all right, take administrative official say, Why are cation. They would hit at food stamps all this blue land and allow the Federal you worried about all this land? It is a so they will be more hungry, and Government to pay property tax on it. bunch of useless land where nobody maybe cut back on energy assistance If the Federal Government paid the lives anyway, or it is all our land, so in a time of huge price gouging by lowest rate of property tax on the land we recreate on it. What we have to re- their friends in the oil, coal, and gas that is owned and controlled by them alize is that this policy has actually industries. in the West, in fact, in the entire Na- hurt kids. The educational ability of Now, this is born again fiscal pru- tion, they would add another $4 billion kids growing up in the West is de- dence on that side of the aisle. But every year to the funding of public edu- pressed because of this land policy. what they are not telling people is not cation. That is a whole lot of money What we need now to do is to realize a penny of those cuts would go to pay for us to come up with, although you that and take constructive efforts to for the Katrina disaster. No. In fact, could also look at it as the fact that try and change that. Allow the States they would, by implementing those the Federal Government prohibits in the West to have the vehicle and the cuts, still increase the deficit next year States from raising $4 billion to solve ability to raise the money to fund their by a quarter of a billion dollars. Now, their own problems and fund their own education system in the way they wish how can that be? I thought that money education processes with the way we to do it, and House bill 3463 would actu- was going to pay for Katrina. No. They control public lands. ally do that. are going to borrow all the money to Now, since that is going to have a f pay for Katrina. They are using those difficult time, there is a second bill. cuts to finance, guess what, more tax This bill is number 3463, which says U.S. DEBT CONTINUES TO RISE cuts for the richest among us. They that this map was never intended to be UNDER BUSH ADMINISTRATION want to make permanent the cuts in the way it was supposed to be forever. The SPEAKER pro tempore. Under a capital gains, dividends taxes, and a When the western States, those from previous order of the House, the gen- permanent exemption of all estates Montana down to New Mexico that tleman from Oregon (Mr. DEFAZIO) is from all estate tax. That costs a lot of have all the blue space in there, the recognized for 5 minutes. money. Federal land, when they were origi- Mr. DEFAZIO. Mr. Speaker, well, Now, why should we do this? Well, nally admitted as States, everyone ex- congratulations are yet again in order because they believe in trickle-down cept one had in their enabling act the to the Bush administration. They hit economics. The way to stimulate our idea that the land should go to the another milestone just last week. They economy, the way to rebuild our econ- Federal Government until such time as ran up the 8 trillionth, trillionth dollar omy is more trickle-down economics.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23110 CONGRESSIONAL RECORD—HOUSE October 19, 2005 They even, one conservative over there LITIGATION REFORM FOR Unfortunately, in our litigation-ob- had the gall to say poor people do not RESPIRATOR MANUFACTURERS sessed society that separation of re- put people to work. No, that is right. The SPEAKER pro tempore. Under a sponsibility has not protected our res- Poor people and working people do the previous order of the House, the gen- pirator manufacturers from being sued work. But they are saying we need to tleman from Pennsylvania (Mr. SHU- in literally thousands of cases. Workers shower more money on the richest STER) is recognized for 5 minutes. allege that a respirator was defectively among us. Mr. SHUSTER. Mr. Speaker, I want designed or contained an inadequate During the last 2 years, 99 percent, to talk about a special aspect of a sub- warning label, and they got sick, and this is from the Internal Revenue Serv- ject that has been in our news a great that somehow it is partly the fault of ice controlled by George Bush, their deal lately, emergency preparedness. the manufacturer. statistics, 99 percent of Americans saw As a member of the Select Katrina As absurd as this may sound, it is the real income reductions after inflation. Committee and as chairman of the sub- premise for up to 30,000 individual One percent, those over $311,000, saw an committee overseeing FEMA, I know claims brought against each major res- increase; and one-tenth of 1 percent, that it is absolutely critical to prepare pirator manufacturer in the United those over $1.3 million, saw a huge in- our Nation for natural disasters, ter- States. There has been much con- crease in their income, mostly due to rorist attacks, or any other catas- troversy over many of these claims, tax cuts paid for by working people and trophe and the spread of disease that since they involve workers who claim borrowing against our future. And now could come with it. to be sick with asbestosis or silicosis. they have the gall to come to the floor When disasters strike, the most effec- In one situation, a Federal judge in of the House and say, if only the Re- tive method of prevention depends, in Texas, a former nurse, found that thou- publicans were in charge, this fiscal ir- part, on effective respiratory protec- sands of claims were essentially with- responsibility would stop. Excuse me. tion for millions who may be exposed. out any legal or medical merit. They You control the White House, the This protection is available through were produced by collusion between House, the Senate, and the judiciary. careful use of respirators, the masks, plaintiffs lawyers, doctors paid by the You control everything. It is within mostly disposable, that we see in pic- claim, and the x-ray mills that pro- your power. You want to pay for tures of first responders, emergency duced the diagnosis that could not sur- Katrina? Let us cut wasteful spending. personnel and health care workers who vive medical review. are treating the sick. This corrupts the legal system and b 1630 The World Health Organization, for hurts most those few who are truly ill. The President wants to borrow $1 example, specifies certain respirators It also threatens otherwise strong trillion to go to Mars. They are already for use in avian flu treatments. The American industries like respirator beginning to borrow $100 billion to go United States has a number of compa- manufacturing. back to the Moon. Hey, JFK took us to nies that manufacture respirators that Our American respirator manufactur- the Moon for a fraction of the cost. are in a number of States around this ers are faced with the cost of admin- Why do we need to borrow $100 billion country. One, Mine Safety Appliances, istering and processing tens of thou- to go back? That would pay for half of is headquartered in Pennsylvania and sands of claims. Some of these will be the Katrina disaster. Then we can talk manufactures respirators in the State. thrown out and some will be settled for about, guess what? Tax cuts for the These are high quality products, rec- a few hundred dollars, but each one re- wealthy. ognized by industry, health care au- quires thousands of dollars of research If we just did not make those tax thorities and other experts as efficient, and process. cuts permanent, we could pay for cost effective. More importantly, these None of these cases has resulted in a Katrina a number of times over. But products are 100 percent regulated by trial and a judgment against a res- oh, that would mean that rich people an agency of the U.S. Government, the pirator manufacturer. It is the admin- would pay income taxes at the same National Institute for Occupational istrative cost of millions of dollars Safety and health, or NIOSH, which is rate as working people, and that does each year that are now about to exceed part of the Centers for Disease Control not fit into their trickle-down theories. the net income of many companies in the Department of Health and There is a few other things that we from making respirators. Human Services. could cut, agriculture subsidies. Let us In short, we are in danger of losing a NIOSH prescribes design standards say any farmer who earns over $100,000 vital American industry that we are for respirators, tests respirators in its going to need desperately if disaster a year will not get a taxpayer-financed own labs by its own professionals and subsidy where the money was bor- monitors respirator manufacturers to strikes. Whether the spread of a virus rowed, sometimes from Social Secu- ensure their products consistently or biological terrorist attack, we al- rity, to subsidize that farm. That is meet the standards for which they are ready need respirators for countless in- pretty simple. approved. dustrial applications and routine med- But no, they cannot go there. Or It also approves the warning labels ical and other health-related needs. maybe we can get rid of the silly star that go on respirators to indicate what Respirators are already providing pro- wars fiasco. The general in charge of uses are and are not appropriate to em- tection from the airborne hazards that Star Wars has spent $100 billion on it phasize the need for users to be sure are everywhere in the recovery efforts so far, borrowed, taxpayer money, says that these respirators fit well. from Hurricanes Katrina and Rita. it has a better than zero percent It regulates the respirator manufac- They also served thousands in the chance of working. turers, but the Occupational Safety aftermath of September 11th. We can- Now is that not heartening? Let us and Health Administration, or OSHA, not afford to have this vital industry have real fiscal responsibility, not regulates employers and prescribes torn down by inadequate claims with more phony baloney. what level of approved respirators dollar signs at their hubs. That is why f should be used to protect against a par- I am pleased to be the author, along ticular workplace hazard. with my original cosponsors, the gen- ORDER OF BUSINESS Respirator manufacturers do not tlewoman from Pennsylvania (Ms. Mr. SHUSTER. Mr. Speaker, I ask interact with respirator users. They HART) and the gentleman from Penn- unanimous consent to speak out of make their products according to gov- sylvania (Mr. DOYLE) as well as the order for 5 minutes. ernment standards for their uses ap- gentleman from Texas (Mr. SMITH), of The SPEAKER pro tempore (Mr. proved by NIOSH and described on the H.R. 2357, the Respirator Access Assur- SIMPSON). Is there objection to the re- label, but employers make the decision ance Act of 2005. quest of the gentleman from Pennsyl- about whether to provide a respirator This is a very simple bill. It says that vania? and which one to provide based on if a manufacturer has the NIOSH ap- There was no objection. OSHA rules. proval for the design and labeling of a

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23111 respirator, a manufacturer cannot be cans. These cuts are reckless, in my who comprise right now 74 percent of sued on the basis of the detective de- opinion, and unfair to the middle and the beneficiaries ages 19 and older. And sign or failure to warn. lower income families and reflect the in my State of California, 42 percent of It would apply to any case that has Republican-led Congress’ double stand- all births in the State are paid for by not gone to trial as of the enactment ards. Medicaid. and to future cases. We need this legis- Cuts to Medicaid, an already under- These facts demonstrate, in my opin- lation, and I am working with my col- funded program, would have a dev- ion, that Medicaid is a significant leagues and the House leadership to astating impact on women and their health safety net for women and their find an appropriate opportunity to families by cutting vital services espe- children. The cuts in Medicaid would bring it to the House floor for a vote cially important to them. Medicaid is shut the neediest individuals out of the soon. an important health insurance pro- public health system and put the I hope my colleagues will share my gram for millions of low income elderly health of millions of women and chil- concern over the need to ensure that and disabled Americans. dren at risk. Proposing reductions this American industry continues to State and Federal Governments have without ensuring the preservation of produce these vital products for emer- ensured that more than 53 million peo- coverage for those in need simply gency preparedness, and will approve ple, including 14 percent of low income transfers the burden to the States that this and make it the law of the land. Americans, have access to health care are already overstretched. f services through the Medicaid pro- Medicaid cuts will shift costs to the gram. This includes 25 million chil- States, impose higher costs to bene- ORDER OF BUSINESS dren. More than 1 in every 4 children in ficiaries, and health care providers. Ms. SOLIS. Mr. Speaker, I ask unani- the U.S. is covered by this program. States would be forced to reduce cov- mous consent to speak out of order for This also includes more than 30 per- erage and benefits. Despite the na- 5 minutes. cent of children with disabilities who tional tragedy, the proposed Repub- The SPEAKER pro tempore. Is there rely on Medicaid for health coverage lican budget would cut billions of dol- objection to the request of the gentle- and services. Medicaid, as you know, lars from Medicaid while doing nothing woman from California? provides essential care, such as family to make sure that we have affordable There was no objection. planning, breast and cervical cancer health care for Americans. f treatment, care for disabled women, to Democrats believe in strengthening more than 16 million women, including MEDICAID CUTS AND THEIR and not undermining Medicaid. The approximately 10 million women of IMPACT ON WOMEN Federal Government should fulfill its child-bearing age. promise of being a reliable partner. We The SPEAKER pro tempore. Under a Nearly 1 in 10 women in the U.S. re- must protect Medicaid and maintain previous order of the House, the gentle- ceives health care coverage through the current Federal commitment to woman from California (Ms. SOLIS) is Medicaid. One-third of all poor women this fundamental public health insur- recognized for 5 minutes. are covered by Medicaid, including 40 ance system. Ms. SOLIS. Mr. Speaker, today I rise percent of single women. Mothers are I am in strong opposition to the Re- in strong opposition to the Republican twice as likely as men to qualify for publican budget, because it does not plan to cut billions of dollars to criti- Medicaid, because they are poor and in keep the best interests of women and cally needed Federal programs like the lower paying jobs that are less likely their children in mind. I urge my col- Medicaid program. to have employer-sponsored insurance. leagues to provide full funding for Med- In proposing offsets for the $70 billion Health insurance, as you know, is icaid, and preserve the health care cost of hurricane relief, Republicans critical to women, because mothers safety net program that many women claim that they are increasing spend- with health insurance are more likely and children rely on currently. ing cuts from $35 billion to $50 billion to stay employed and get health care f in order to pay for the expenses re- for their children than those lacking cently incurred by the devastation of insurance. And women, as you know, of ORDER OF BUSINESS recent hurricanes in the gulf coast. reproductive age are in a vulnerable Mr. MORAN of Kansas. Mr. Speaker, However, Republicans have targeted position, because they are more likely I ask unanimous consent to speak out Medicaid and other important pro- to lack health insurance. of order for 5 minutes. grams that serve our Nation’s most Medicaid accounts, as you know, for The SPEAKER pro tempore. Is there vulnerable populations like women and two-thirds of all of the Federal and objection to the request of the gen- children. The reckless Republican State family planning funding nation- tleman from Kansas? budget imposes painful sacrifices on wide. And, by the way, low income There was no objection. low and moderate income women and pregnant women can receive critical f their families in the name of deficit re- prenatal care when they need it with- WHERE IS THE U.S. BEEF IN duction. out being turned away from the pro- JAPAN Republicans claim that offsetting the gram. cost of hurricane relief is fiscally re- Medicaid ensures that women receive The SPEAKER pro tempore. Under a sponsible. However, in my opinion it is a full spectrum of maternity coverage, previous order of the House, the gen- inconsistent with the decision in re- including prenatal, labor and delivery tleman from Kansas (Mr. MORAN) is cent years not to offset tax cuts that and postpartum care. Medicaid, as you recognized for 5 minutes. cost $106 billion or supplemental fund- know, is important to the health of Mr. MORAN of Kansas. Mr. Speaker, ing for Iraq that has cost the U.S. near- women of all ages, and Medicaid is the I rise this afternoon to discuss the eco- ly $251 billion, four times the cost of largest source of funding for women nomic harm that U.S. farmers and Hurricane Katrina. over the age of 80 living in nursing ranchers have experienced as a result These cuts will not go to offset the homes. of the Japanese embargo of U.S. beef. cost of the hurricane. These cuts will This program covers high-cost nurs- This issue has gone on far too long, and only be used to facilitate additional ing homes and long-term care services. we in Kansas have lost our patience. tax cuts to our Nation’s wealthiest In my State of California, the Med- Mr. Speaker, Japan has prohibited Americans, those who make well over icaid program is run jointly by the the imports of beef from the United $200,000 a year and up. Federal, State and local county gov- States since December 2003 when a sin- Republicans are cutting services for ernments. The Federal share cost in gle case of BSE was found in a Cana- hard working families in my district California is about 50 percent. dian-born animal. and, instead, giving away $70 billion in Medicaid in California provides vital Since that time, the United States new tax cuts to the wealthiest Ameri- health services to low income women has undergone rigorous and thorough

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23112 CONGRESSIONAL RECORD—HOUSE October 19, 2005 surveillance programs for BSE testing free trade agreements throughout the billion from education, health care, nu- and has implemented safeguards to world, and it is important for our trad- tritional investments important to protect human and animal health. ing partners to honor the current millions of Americans and families and These safeguards have far exceeded agreements and international stand- their future. All for what? So we can internationally recognized standards ards; and without those assurances, fund $70 billion in tax cuts just for the promoted by the World Organization support for trade agreements will wealthy Americans. for Animal Health, of which Japan is a clearly erode. That is what this budget package is, member. Recently, I was joined by over a hun- $70 billion in tax cuts. At the same While the Sanitary and Phytosani- dred Members of Congress in writing time that these so-called new-born fis- tary Agreement provides that members President Bush asking him to make re- cal conservatives are complaining of the WTO have the right to take storing this market of U.S. beef to about the deficit, they are going to measures to protect human, animal Japan his highest economic priority in push through yet another round of tax and plant health under principles of his discussions with the Japanese cuts on top, close to $20 billion added sound science, the SPS Agreement does Prime Minister. I support our govern- to our deficit. not allow WTO members the right to ment’s efforts to reopen our beef ex- I ask my colleagues, are these the discriminate and restrict trade arbi- ports to Japan; but, again, Japan con- choices the American people asked us trarily. tinues to unjustifiably delay the proc- to do? To date, the American taxpayer has funded $445 billion in the effort in b 1645 ess. Last month I testified before the Iraq, $20 billion going to rebuild Iraq. The U.S. State Department, the Of- House Committee on Ways and Means We have built and renovated 110 pri- fice of the United States Trade Rep- and urged the committee to bring this mary health care centers in Iraq, vac- resentative, and the United States De- resolution to the floor and show Japan cinated 3.2 million Iraqi children; all partment of Agriculture have worked the serious nature of this trade issue. I the while here in the United States the tirelessly to reopen this market for appreciate very much the gentleman Republican budget has cut $10 billion U.S. beef, and I commend them for from California (Mr. THOMAS) for hold- from Medicaid. We have also cut com- their efforts. ing the hearing and for allowing me to munity health care clinics. On October 23, 2004, nearly a year testify. In Iraq we have rehabilitated 2,700 ago, the United States and Japan con- Many members of that committee schools, trained 36,000 secondary edu- cluded an understanding that estab- during the hearing agreed that this ac- cation school teachers. What is their lished a process to lead to the resump- tion needs to be taken to address this budget doing for America? They cut tion of beef imports from the United issue. $806 million from America’s public States. Despite this agreement a year Mr. Speaker, Japan cannot have it schools, Leave No Child Behind. They ago, the Government of Japan con- both ways. They cannot benefit from have also proposed nearly $9 billion in tinues to delay imports of beef from exports to the U.S. while denying our cuts to college student aid. We funded the U.S. on a basis and factors not imports such as beef with no scientific nearly 3,100 community development grounded in science or consumer safe- evidence to support their actions. Con- projects in Iraq alone. Yet the Presi- ty. gressional patience has been exhausted. dent’s budget is cutting the commu- Losing the export market to Japan is It is time that House Resolution 137 be nity development grants here for the having a significant impact upon our brought to the floor and a clear mes- United States by $250 million. entire industry, and it also puts at risk sage be delivered to Japan. Let us The Corps of Engineers in the United a well-established bilateral trading re- allow the will of the House to be heard. States has been cut by over $300 mil- lationship. This 2-year delay has now Patience is a virtue no longer. lion. Yet we built a new light rail sys- almost totaled $3.4 billion in losses to f tem in Iraq. We have also rebuilt their American agriculture. Whether you are dam with a levee in it. All the while a farmer or a rancher, a beef processor EXCHANGE OF SPECIAL ORDER their budget cuts from America’s fu- or a retailer, this loss of market is hav- TIME ture and American families’ future ing a detrimental effect upon that busi- Mr. EMANUEL. Mr. Speaker, I ask while literally loading up close to $445 ness, upon our rural communities, and unanimous consent to claim the time billion for the effort in Iraq, of which upon the agriculture economy. The of the gentlewoman from California $20 billion goes to rebuilding their U.S. cattle and beef industries are los- (Ms. WOOLSEY). schools, their health care, their nutri- ing $100 million each month that Japan The SPEAKER pro tempore. Is there tional programs, things that we are remains closed to U.S. beef markets. objection to the request of the gen- cutting from the United States and Since December 2003, the U.S. meat in- tleman from Illinois? from American families. dustry has lost 10,000 jobs, mostly at- There was no objection. Every President going to war has tributed to a loss of the export mar- f thought about America’s future. Dur- kets. ing the Civil War, Abraham Lincoln In March this year, Mr. Speaker, I in- BUILDING A STRONG AMERICA thought of the Land Grant College sys- troduced House Resolution 137, which The SPEAKER pro tempore. Under a tem. President Roosevelt in the middle currently has more than 80 co-spon- previous order of the House, the gen- of the World War II thought of the G.I. sors. I encourage my colleagues to join tleman from Illinois (Mr. EMANUEL) is Bill. President Eisenhower at the tail me in sponsoring this legislation. The recognized for 5 minutes. end of the Korean War built the inter- resolution is a sense of the House of Mr. EMANUEL. Mr. Speaker, since state highway system for the United Representatives that if the Govern- the year 2000 this Congress has racked States. During the height of the Cold ment of Japan continues to delay in up more than $3 trillion in new debt. War and Vietnam War, President Ken- meeting its obligations under the un- How did that happen? They tried to do nedy envisioned a man on the Moon. derstanding reached last October, then what no other President has tried to do What does this President propose? the United States trade representative and no other Congress, to fund two Eliminating Amtrak, cutting $9 billion should immediately impose retaliatory wars with four tax cuts. from student aid, and cutting veterans trade sanctions against Japan. This Congress has served as an ATM benefits. Why? Because he has tried to While I do not wish for the U.S. and to special interests, showering them do something that no other President Japan to enter into a drawn out trade with billions in tax breaks and hand- has thought of doing, which is to cut dispute, the reality is that Japan can- outs. Suddenly our Republican friends taxes in the middle of two wars. Where not have it both ways, and they must have become born-again budget hawks. has it left America? $3 trillion in debt, be required to uphold their agreement. In fact, tomorrow we may have to vote cuts in our future for American fami- The United States works to promote on a resolution to slash more than $50 lies.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23113 Now Americans are faced not only tleman from Washington (Mr. That is the New York Times talking with these cuts in its investments. Gas MCDERMOTT) is recognized for 5 min- to our President who insists on doing prices are nearly $3 a gallon, home utes. this. heating costs are up by 50 percent this Mr. MCDERMOTT. Mr. Speaker, if Now, the question you might ask winter, inflation has increased at the this were a sermon, I would use as the yourself is, Why did they do it this fastest rate in 15 years, hundreds and text Romans 12:19 which says, and I way? I mean, any reasonable person thousands have lost everything in the want to remind the House that we are might ask that. Well, this trial was set gulf coast, and our brave men and a Christian Nation, that says, Avenge up this way for a variety of reasons. It women are fighting and dying in Iraq not yourselves, for it is written, venge- should have been a scrupulously fair with no end in sight. ance is mine. I will repay, saith the trial where you would have at least one Yet what are we proposing to Amer- Lord. Sunni among the judges. I mean, Sad- ica? Cuts in their educational invest- Now we are in the process of begin- dam Hussein is a Sunni. We insist on a ments, cuts in health care investments, ning a trial which is going to be the jury of your peers, and we have gone to cuts in nutritional investments. All trial of the century. I think the United a lot of trouble in this country to make the while we are making those same States people and the Congress should sure there are peers on the juries, but types of investments in Iraq. That is think about what it is we are setting not in this case. not the choice the American people out to do. On Wednesday, the trial of We are looking to prove him person- want. the century will begin. It will start at ally accountable. Now, in the case in I have no problem if we are going to a secret Green Zone location by an Iraq where legal training and appoint- make a commitment to Iraq and Iraq’s anonymous court and under extreme ments have been bent for decades to future and the future of their children. U.S. military-imposed security meas- the political whims of the political, I have a problem when we are not going ures. they should have called for enlisting to leave America stronger, but weaker, It is a made-in-the-USA affair in ad- help from international legal experts at the end of that effort, and we are not ministrative and financial terms. The and used relevant precedents in inter- willing to make that same investment court and the training and the whole national criminal law. in American children’s future. proceedings cost us $75 million of our Why did they not do that? Why did We cannot afford those types of taxes. About 300 people, all hired by they not call in an international tri- choices. Those are the false choices. the Americans, are working on the bunal like they did at Nuremberg at All the while what we are trying to do trial. The five secret Iraq judges, Shi- the end of the Second World War? This is wall off and protect tax cuts for the ites and Kurds, no Sunnis, are paid by is the New York Times talking. Bush wealthiest 1 percent, people making the Americans, are living inside the administration and its Iraq allies $300,000 a year, while the rest of Amer- Green Zone and are protected by the strongly oppose that step because it ica gets cuts in Amtrak, student aid, Americans from being either kidnapped would have precluded the death pen- nutritional programs, veterans get cut or killed. They have received special alty. They want a public hanging. from their health care benefits. That is training from U.S. and British and Now, once that decision was made, not what the American people think of Australian legal experts, and they have Iraq lawyers and American lawyers as an investment in their future. It is even staged a mock trial. were the ones they were going to rely clearly not the one you are willing to If the defendant in this case is con- on. They were not going to get anybody make in Iraq where we now have a $445 victed, he will be able to file appeals national. They should have been well billion bill due to the American people. and then will, within 30 days of those insulated, those people who were doing, It will get close to $600 billion before it appeals being denied, be hung in that this from political pressures. Instead, is all over. The American people are country in which he lives. this special tribunal who organized the going to be asked to pay for it. Now, this special Iraq tribunal was trial has been subject to constant ma- How are they going to pay for it? substituted by former American pro- With cuts in their education college nipulation and intimidation by Ahmad consul, Mr. Bremer, in December 2003, Chalabi. Remember him? The cease- loans, cuts in their communities’ curiously almost 3 days before Saddam health care clinics, cuts in Medicaid, lessly conspiring emigre politician who was captured, supposedly. Now, that is wants to make anti-Baathist vendettas cuts in Medicare, cuts in their pro- the view of this case from the Arab grams that have guaranteed them a his latest political platform. world. That comes from an article in We are setting ourselves up for a seri- middle-class future. We should find the Asia Times by a reporter named ways to balance the budget, but we ous problem. Pepe Escobar, and it is called ‘‘The Oc- [From the New York Times] should not do it on the backs of our cupiers’ Trial.’’ This is how it is seen SADDAM AND IRAQ ON TRIAL children. from the Arab world. The American people expect their Now, you say, well, you know, that is The opportunity created by the trial of leaders to make the right choices. Mr. Saddam Hussein to introduce the rule of 1aw just those Arabs. Pick up today’s New Speaker, it is time Congress changes and the idea of national reconciliation into York Times and there is the story on its tune. We can do better. Building a Iraq has been largely squandered even before the editorial pages of the New York strong America begins by building a the courtroom proceedings begin. At almost Times: ‘‘Saddam and Iraq on Trial,’’ every turn, ill-considered decisions by the good America here at home. and here is what it says: ‘‘The oppor- United States and Iraq’s dominant Shiite-re- f tunity created by the trial of Saddam ligious and Kurdish-nationalist parties have EXCHANGE OF SPECIAL ORDER Hussein to introduce the rule of law put politics and score-settling first. The cost and the ideal of national reconciliation has been an indffference to legal scrupulous- TIME ness, as well as a failure to distinguish be- Mr. MCDERMOTT. Mr. Speaker, I ask into Iraq has been largely squandered tween pursuing the specific crimes of a dic- unanimous consent to claim the time . . . At almost every turn, ill-conceived tator that must be punished in a court and of the gentleman from California (Mr. decisions by the United States and waging a collective vendetta by Kurdish and GEORGE MILLER). Iraqi-dominated Shiite religious and Shiite victims against the Sunni Arabs who The SPEAKER pro tempore. Is there Kurdish nationalist parties have put were once their oppressors. objection to the request of the gen- politics and score-settling first.’’ There is still time to shift this exercise in Remember that quote about venge- victor’s Justice to a more constructive tleman from Washington? course because the trial will adjourn for sev- There was no objection. ance: ‘‘The cost has been an indifference to eral weeks after today’s televised opening. f For that to happen, the Iraqi lawyers and legal scrupulousness and they are wag- THE TRIAL OF THE CENTURY judges will have to stand-up to intense and ing a costly vendetta by Kurdish and continuing pressures from their political The SPEAKER pro tempore. Under a Shiite victims against Sunni Arabs masters for a choreographed proceeding that previous order of the House, the gen- who were once their oppressors.’’ seems timed to gain short-term advantages

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23114 CONGRESSIONAL RECORD—HOUSE October 19, 2005 at the expense of national healing and an Zone location, by an anonymous court, and So a string of trials may be in the offing— airing of recent Iraqi history. under extreme, U.S. military-imposed secu- concerning, for starters, the Anfal campaign When invading United States forces drove rity measures. It’s a made in U.S.A. affair— of 1987–1988 which killed at least 5,000 Kurds, Mr. Hussein from power two and a half years in administrative and financial terms. the invasion of Kuwait in 1990, the suppres- ago, Americans naively expected rejoicing The court, the training and the whole pro- sion of the Shi’ite uprising of 1991 (which throughout Iraq and rapid efforts at demo- ceedings cost U.S. $75 million—courtesy of may have killed 200,000 people) and the wide- cratic reconstruction. One main reason that U.S. taxpayers (the budget was allocated in spread assassination of Shi’ite religious lead- did not happen, apart from the well-known May 2004). About 300 people—paid by the ers, like the Grand Ayatollah Baqr al-Sadr. mistakes by the American occupation au- Americans—work on the trial machinery. f thorities, was the arbitrary, violent and The five ‘‘secret’’ Iraqi judges—Shi’ites and fragmented nature of the society left behind Kurds, no Sunnis—are paid by the Ameri- b 1700 by the dictator, who had ruled through mur- cans, live inside the Green Zone and are pro- der, fear and persecution. tected by the Americans from, being kid- TRIBUTE TO COAST GUARD IN EF- One of the best ways to repair such a dam- napped or killed. FORTS DURING HURRICANES aged society is a systematic judicial inves- They have received special training from KATRINA AND RITA tigation of the regime’s crimes. That should U.S., British and Australian legal experts The SPEAKER pro tempore. Under a be followed by a scrupulously fair trial of and have even staged a mock trial in Lon- those found personally accountable. In the don. They are supposed to be ‘‘independent’’ previous order of the House, the gen- case of Iraq, where legal training and ap- in a country on which ‘‘the United States tleman from North Carolina (Mr. pointments had been bent for decades to the continues to wield vast influence’’, according BUTTERFIELD) is recognized for 5 min- political whims of the dictatorship, that to the understated Associated Press. Human utes. should have called for enlisting help from Rights Watch has warned on the record that Mr. BUTTERFIELD. Mr. Speaker, I international legal experts and using rel- the trial may be ‘‘violating international rise today to recognize the extraor- evant precedents in international criminal standards for fair trials’’. dinary efforts of our Coast Guard in law. The Bush administration and its Iraqi The initial charges against Saddam will the aftermath of hurricanes Katrina allies strongly opposed that step because it focus on the killing of 143 Shi’ites in the vil- would have excluded the death penalty. lage Dujail, north of Baghdad, in 1982, after and Rita. The Coast Guard again dem- Once the decision was made to rely on an assassination attempt against him. Re- onstrated just how well they live up to Iraqi lawyers and American Advisers, they cently disclosed images from Iraqi TV at the their Latin motto, which means: ‘‘Al- should have been well insulated from polit- time show Saddam touring Dujail in tri- ways Ready.’’ ical pressures. Instead, the special tribunal umph—but not the hostility of the crowd. Several days before Katrina made organizing the trial has been subjected to The assassination attempt was claimed by landfall, the Coast Guard activated constant manipulation and intimidation by the Shi’ite Da’wa Party. Current Prime Min- emergency response plans, while main- Ahmad Chalabi, the ceaselessly conspiring ister Ibrahim Jaafari happens to be a leader taining communications with both the emigre´ politician who has made anti- of the Da’wa Party. As far as he’s concerned, Baathist vendettas the latest political plat- Saddam should be pronounced guilty in no Atlantic and Pacific commands and form. time. ‘‘We are not trying to land on the headquarters in Washington. As the Finally, this prosecution would have been moon here . . . It’s enough [to try Saddam] disaster drew near, if something did conducted differently if it were a serious at- on Dujail and Anfal. The tribunal is just and not work, the Coast Guard modified its tempt to uncover the murky lines of author- open, he has a defense lawyer and the verdict plans to meet the needs. ity and responsibility within the Baathist re- will match the crime . . . I don’t want to in- The first images we as Americans gime and establish Mr. Hussein’s clear per- tervene in judicial proceedings, but why do sonal responsibility for at least some of the saw on television depicting this dis- we say now that more time is needed?’’ aster were those of Coast Guard heli- roughly 300,000 murders committed in his Six other people are being tried alongside name. It would have built up its case me- Saddam. They include his half-brother copters rescuing stranded citizens from thodically, from the field operatives car- Barzan al-Tikriti—who was the head of the rooftops amid rising flood waters. In rying out the killings to the officials who terror-inflicting Mukhabarat intelligence the face of high winds and flying de- gave them their orders and on up the chain services; his notorious henchman Taha bris, daytime temperatures nearing 100 of command to Mr. Hussein himself. Yassin Ramadan; Awad Hamed al-Bander, degrees and downed utility lines, our Instead, today’s trial will begin with what the judge who sentenced many in Dujail to brave men and women heeded the call prosecutors and politicians decided was the death; and four Ba’ath Party officials. The easiest case to prove, a mass execution in a of duty to perform selfless acts of cour- prosecution charges that Saddam himself, as age. Shiite town that followed a failed 1982 assas- head of state, certified the executions pro- sination attempt against Mr. Hussein. These nounced by an Iraqi special tribunal presided During around-the-clock flight oper- killings ought to be prosecuted. But if the by Bander. ations over a 7-day period, our Coast aim is to uncover the broader criminal con- This won’t be an American-style court- Guard helicopters operating over New spiracy in order to punish the truly guilty room drama. There’s no jury. The chief judge Orleans saved an astonishing 6,470 and absolve those guilty only by association, will question a number of witnesses. Many lives. They also helped to save thou- other trials should have come first. have already been interviewed before the sands of other victims by delivering What we have is a narrow sectarian gov- trial. The five judges decide whether Saddam ernment, still struggling to come up with a tons of food and water to those who and his six co-defendants are innocent or could not be evacuated immediately. In nationally inclusive constitution, that is guilty. Saddam will have the right to call conducting what looks like a show trial, bor- witnesses. all, the Coast Guard rescued 33,500 peo- rowing noxious elements of Baathist law to If he is convicted, his defense team will be ple in its response to Katrina, six times speed the way toward an early and able to file a number of appeals before the the number of people it rescued in all political1y popular execution. sentence—expected to be death—is applied. If of 2004. it’s death row, Saddam must be executed—in Mr. Speaker, I am extremely proud of THE OCCUPIERS’ TRIAL fact hanged—within 30 days of the ruling on the Coast Guard air crew rescue swim- (By Pepe Escobar) his last appeal. The description of the trial mers, many of whom trained at the Occupied Iraq has virtually no security, procedures is provided, once again, not by Coast Guard Aquatic Training Facility, e1ectricity, water or jobs. Last Saturday, in- Iraqis, but by Americans—at the National stead of basic necessities for a decent life, Security Council and the State Department. located in my congressional district at Iraqis had a referendum—already suspected This special Iraqi tribunal was instituted the Coast Guard station in Elizabeth of massive fraud—on a constitution few have by former American proconsull Paul Bremer City, North Carolina. The Coast Guard even seen. in December 2003—curiously only three days rescue swimmers faced some very ad- Starting on Wednesday, Iraqis, and the before Saddam, according to the official Pen- verse conditions, including flooded rest of the world for that matter, get a run- tagon version, was captured in his hole on houses and buildings, steep slippery ning soap opera—the trial of Saddam Hus- the ground. The tribunal is supposed to judge roofs, foul and contaminated water, sein, under whose regime, for all its terror, crimes committed by Iraqis—inside and out- and the need to hack through attics and then 12 years of economic sanctions, side the country—between July 17, 1968 Iraqis at least had security, electricity, (when the Ba’ath Party took power) and May with axes or break out windows to free water and jobs. 1, 2003, as well as war crimes perpetrated the survivors. Despite these obstacles, This ‘‘trial of the century’’—or at least the during the Iran-Iraq War (1980–1988) and the these brave men and women saved early 21st century—starts at a secret Green invasion of Kuwait (1990–1991). many American lives.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23115 The Coast Guard’s responses to Eight weeks ago, across the United The Republicans will say that society has lit- Katrina and Rita should serve as a States, Americans saw the faces of tle obligation to help the poor because they model for our governmental agencies other Americans staring up at them fail to take personal responsibility for their and our first responders in the face of from television screens scratching out lives. future disasters. These brave men and desperate signs on rooftops. Help us, The United States has highest GDP in the women succeeded in keeping these dev- the signs said. Grandmothers, brothers, world. We are first in military technology; first astating events from becoming even nieces, nephews, newborns, the faces of in military exports; first in Gross Domestic greater tragedies. I thank the Coast families who could be our families, Product; first in the number of millionaires and Guard for their dedicated service, and I neighbors who could be our neighbors, billionaires; and first in health technology. But ask my colleagues to join me in con- but desperate, alone, and calling out to we rank 12th in living standards among our gratulating them and supporting my the world to see. Across the country, poorest one-fifth; 13th in the gap between rich future efforts to upgrade their training Americans answered with one voice: we and poor; 14th in efforts to lift children out of facility in my congressional district. are better than this. This is wrong. poverty; 18th in the percent of children in pov- f This is immoral. This must not be al- erty; and 37th in the health status of our citi- lowed to continue. We must take care THE BUDGET zens. of our own. It is our responsibility. It is We should be working to close these gaps The SPEAKER pro tempore. Under a our duty. It is who we are as a people. and ensure that all Americans have a fair previous order of the House, the gen- As a country, we saw that 100,000 peo- chance at life and are treated with basic tleman from Massachusetts (Mr. MAR- ple were trapped in New Orleans be- human dignity. KEY) is recognized for 5 minutes. cause they did not have automobiles to Instead, this reconciliation plan will take Mr. MARKEY. Mr. Speaker, Catho- escape the flood waters. We found that away food, health care, education and the lics have a sacrament, the sacrament 50 percent of all children in Louisiana ability to live in dignity in old age from people of penance, which they call reconcili- live in poverty. In response to this na- who have no other options. This budget will ation. It is a time when you revisit tional revelation, Republicans have re- proliferate existing inequalities. your own life to take a close look at visited our national budget and made a I simply cannot reconcile this budget with how your daily actions square with decision to cut programs from the my values because this budget does not re- what you believe. As a Catholic, look- poorest of the poor while protecting a flect who we are as a nation and what we being at this budget, I cannot square the new tax cut giveaway to the richest of lieve our responsibility is to other Americans. moral values of our country, oppor- the rich. Instead of limiting these tax We will be judged by how we take care of tunity, equality and justice, with the cuts to millionaires, the Republicans the least of our people. practical impact that this budget pro- have decided to rebuild New Orleans on We will be judged by our decision to turn posal will have on the lives of working the backs of the poorest people from our backs on those Americans who were driv- American families. the rest of the country. This year, thanks to President Bush’s en to cry out HELP—We are your neighbors, This is a moral question, not a budg- your grandmothers, your children. tax-cutting program, the U.S. Govern- et matter. The Republicans are build- ment will deliver up to $106 billion to I urge my colleagues to vote ‘‘no’’ on this ing the high levees around their threat- shortsighted, fiscally. irresponsible and im- the multiple bank accounts of some of ened tax cuts, while letting the flood moral budget. the wealthiest Americans. This govern- swamp the programs that matter for ment program to help wealthy Ameri- the rest of Americans. This is what the f cans spend more money now forces a debate is really all about. It is about REPUBLICANS WORKING HARD TO false crunch on our resources, a $50 bil- our values as a Nation and how they KEEP DEFICIT SPENDING UNDER lion cut that Republicans believe are reflected in how we govern, how CONTROL should come from Medicaid, food America should treat its neighbors, our The SPEAKER pro tempore. Under a stamps, and student loans. Who will fellow Americans, who by an accident previous order of the House, the gen- feel the impact of these cuts? Well, al- of birth came into this world unable to tleman from Texas (Mr. GOHMERT) is most 60 percent of all people in nursing see or who were born into a family recognized for 5 minutes. homes who are on Medicaid, and one- without the means to put food on the third of all babies who are born on Mr. GOHMERT. Mr. Speaker, it is table, or who had the misfortune to de- very difficult to listen to people come Medicaid, and 8 million Americans velop Alzheimer’s. Should we let them with disabilities who depend on Med- up and talk and talk and demagogue starve? Should we tell their children that, gee, the Republicans are letting icaid, and 36 million Americans who they will never go to college because have to worry about going hungry. the deficit grow so big, when the people their parents cannot pay the tuition? that are talking about it keep pro- How do we, as a Congress, reconcile Shall we turn them away from the hos- the fact that these cuts will dispropor- moting one giveaway after another pitals because they cannot afford the giveaway after another giveaway. It tionately affect low-income Americans, care and do not have the insurance? Or seems to some of us that we spend half the elderly, and the poor? The answer should we as a country decide that in our time trying to fight off the incred- is we should not reconcile ourselves to this land of plenty no one should go ible giveaway and deficit spending of such an action, not for 1 minute, not without basic human dignity? for a nanosecond. If we are going to As a Catholic, I was brought up to be- those who are accusing the Repub- dramatically change for the worse the lieve that character is judged by how licans of letting the deficit get too big. lives of millions of children and fami- we treat the least amongst us. This You bet, it is too big for me. I do not lies and senior citizens across the coun- budget does not pass that test, and my like it. I do not want to saddle my chil- try, it had better be because we had to, hope is that tomorrow we as a Congress dren with indebtedness, so we are not because we chose to. And there is will rise up to defeat it. working and fighting to keep some of no doubt that Republicans have now Poverty is on the rise in our country, 37 mil- those who are complaining across the chosen to rob the poor to maintain and lion Americans are now in poverty. aisle from giving away even more. So create new tax breaks for the rich. A family of two in poverty—a single mother thank goodness there are some con- We are not simply robbing the poor with her child—is living on $1,069 a month. servatives who are trying to keep the of resources. The proposed cuts are rob- About 14 million Americans are living on deficit down. Thank goodness we are bing the poor of opportunity. The rec- half of poverty. A single mother with her child making headway. Thank goodness the onciliation budget targets programs living at half of poverty is trying to survive on deficit is going to be $200 billion less that work to bridge the gap between $535 a month. than what was expected. We are mak- rich and poor, Medicaid, food stamps, That is two people living on $123.37 a ing progress. and student loans, that strive to even week. I cannot apologize for having tax the playing field for all American fami- And each day in America 2,385 more ba- cuts that go to those who pay taxes, lies. bies are born into poverty. because to give tax cuts to those who

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23116 CONGRESSIONAL RECORD—HOUSE October 19, 2005 do not pay taxes is not a tax cut, it is ing a very difficult time with the Euro- and people being harmed, it seems to a giveaway, yet another giveaway. pean Union when you look at all these me that is the only part of the discus- After 9/11 we should have had another figures. sion that we are taking away. Little of- 1929-type depression, it was that dev- Currently, we are having some prefers are made in terms of what is need- astating to this country. Yet because liminary WTO talks where we are looked. we had a President who pushed forward ing at some ways to try to fix world What we do often hear is discussions with a tax cut to those who pay taxes, trade, and I want to point out a couple of who is paying. Should individuals we ended up having a mild recession of things. pay, insurance companies be taxed and came charging back, as we con- b 1715 more, businesses be given tax cuts, per- tinue to do. haps health savings accounts, associa- First of all, we are proposing that the So in closing, it just seems to me tion health plans, or just have the Fed- United States reduce farm subsidies 60 that people who are pushing for give- eral Government take over? But this percent, which would mean that we away after giveaway, or runaway should not just be an issue of who is would drop our subsidies from $19 bil- spending, and who then come in and paying, for although that is important, lion a year to roughly $17.5 billion a and how much we are paying is impor- complain about the deficit is a bit, it year, and at the same time we are pro- tant, really much of this comes down seems to me, like a herd of cattle posing that the European Union reduce to what we need to have is an open dis- standing around a lake complaining agricultural subsidies to 83 percent, that the water does not taste all that which would be a decrease from $80 bil- cussion of what we are paying for. According to the National Center of fresh. For those of us who are fish that lion down to $15 billion. That is a big Health Statistics, 83 percent of chil- are trying to have clean water, it is drop, but still the European Union dren in this country under 18 years of just a little difficult to have people would be subsidizing double what the age have excellent to very good health. plopping stuff in the water that is just United States does. The European That is good news. tough to swallow. Union has rejected this offer at the Now 17 percent of America’s children f present time. I think it is important that people are in less than favorable health, either WTO NEGOTIATIONS ON U.S. to mild or severe levels. We have to AGRICULTURE realize what happens in the next round of WTO talks will have great implica- make sure we do all we can to help The SPEAKER pro tempore. Under a tions for the next farm bill which will these children have a better health fu- previous order of the House, the gen- be written in 2007 and go into effect in ture and help the rest remain healthy. tleman from Nebraska (Mr. OSBORNE) is 2008. We are apt to see a move toward According to the American Academy of recognized for 5 minutes. conservation types of payments, away Pediatrics, 6.3 million uninsured chil- Mr. OSBORNE. Mr. Speaker, at the from traditional types of payment. dren, over two-thirds of all uninsured present time we are conducting some We will have to be concerned about children in America, are currently eli- talks, WTO negotiations, involving the developing countries like Brazil. Brazil gible either for Medicaid or for the European Union. I would like to call has land valued at $250 to $500 an acre. State health insurance programs, but attention to some figures that I think They have enough rain and topsoil to they are not enrolled. There are many most people are not totally aware of. produce two crops a year. Their labor opportunities. I know the State of First of all, if you compare the is 50 cents an hour. They can pretty Pennsylvania, where I represent the United States economy with the Euro- well bury us if we do not provide some 18th Congressional District, really has pean Union, the United States econ- subsidy for our agriculture. very good services and insurance for omy is $11.7 trillion annually and the Lastly, I would like to issue a warn- children of a low income level but we European Union is $9.4 trillion. So they ing. We saw what happened to our pe- need to make sure that we expand en- are pretty comparable. The import tar- troleum industry. We found we could rollment and get those kids beyond. iffs we have on goods coming from the buy a barrel of oil from OPEC a few For those who are uninsured or under- European Union into the U.S. are 12 years ago for $10 a barrel. We began to insured but beyond the level of Med- percent, and tariffs on U.S. goods going get more and more from OPEC. Fi- icaid, there are several things that we into the European Union are 30 per- nally, we are pretty well dependent on should be looking at to make sure that cent. foreign sources of oil. We cannot afford they get the health care they need to So we have comparable economies to let this happen to our agricultural maintain their health to prevent high- and yet a tremendous disparity in tar- economy. Certainly changes are in er expenses for emergency care. iffs. This led to an agricultural trade order, but I think it is important we But what this means is not just more deficit of minus $6.3 billion last year, proceed cautiously because we do not discussions on we are cutting money which was the biggest deficit that we lose our food supply to foreign sources, out of Medicaid or other aspects. Look had with any entity that we were trad- which would be even more devastating at what has happened to the growth of ing with for agriculture. than losing our oil supply to sources Medicaid. In 1995, and this is for all On export subsidies, the European abroad. ages, Medicaid spent $150 billion. We Union provides $3 billion and we pro- are now up to $300 billion. About half of f vide $31.5 million, so they are roughly Americans are covered by some level of 100 to 1 on money they spend on sub- CHILDREN’S HEALTH MONTH Federal insurance or health care. But sidizing their exports to other coun- The SPEAKER pro tempore (Mr. the system is growing, and the concern tries. As far as farm subsidies per acre KUHL of New York). Under the Speak- is it is growing out of control. are concerned, the United States sub- er’s announced policy of January 4, While we are looking at such things sidizes agriculture at $38 per acre with 2005, the gentleman from Pennsylvania as how do we pay for Hurricane the European Union at $295 an acre. So (Mr. MURPHY) is recognized for 60 min- Katrina’s outcome in this devastated this is a tremendous discrepancy. utes as the designee of the majority gulf region, how do we take care of so One other set of data I wish to point leader. many needs, is it fair to just continue out is that we have had two cases of Mr. MURPHY. Mr. Speaker, I am to say to the American people we are BSE, or mad cow disease, in the United joined by my colleagues this evening to going to continue to spend more with- States. The European Union has had talk about Children’s Health Month. It out finding ways of eliminating waste 189,102 in the European Union in the is very important for all families in our and fraud and abuse? last 10, 15 years. Yet the European Nation, and certainly an issue that Let me give an example. The New Union excludes our exports of beef into concerns all of us on both sides of the York Times wrote recently about an the European Union, our pork, our ge- aisle. amount of some $4.4 billion in Medicaid netically modified crops, such as corn, While the rhetoric of the House often fraud in that State. One dentist billed and also poultry. So we are really hav- echoes through these walls about cuts for over 980 procedures in one day.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23117 Clearly these were patients that were lapses of its own expense and weight, are there so that if X-rays are done, actually being seen. Another company we can come up with success for our procedures and tests are done, that in- used van rides for supposedly disabled children and no longer be mired in fail- formation is communicated back to people, billing those rides to the gov- ure. the doctor. ernment. But these people when fol- Let me describe a little bit about One study I looked at said something lowed by a reporter clearly were not what we mean by managing the whole like 14 percent of the charts reviewed disabled. They walked around just fine. patient. A lot of what people think the physician found that they were There is example after example after happens when they have an individual missing some important data. Perhaps example. or chronic disease is something com- the physician referred the patient on to I believe the American taxpayer mon, like diabetes or asthma in a have some testing done, and it was wants to make sure that this waste, child, the doctor will examine and never done. In the majority of these this fraud, this abuse is removed from make sure that the child has the right cases, the doctor said it would affect the health care system. But it is not medications, watches their diet and the what diagnosis they had and future just a matter of that. When it comes to environment around them, and hope all tests called for. our children, we also have to make goes well. As long as the parents are This is not a matter of just saying we sure the system works with these pro- monitoring that carefully and there is are going to cut care, this is improving grams in ways that optimize the health communication between doctor, nurse, care. But this also means that clinical and outcome. patient and child, you can have a pret- information systems must be there. One of the things that I want to talk ty good system. What happens if the They are a critical component of about today, along with the gentleman information does not get to the par- health care, of having the physician from Georgia (Mr. GINGREY), is trans- ents, the patient education is not quite and nurse and family work together. forming our health care system. We of- there? Maybe they skip a prescription, What does that do? It is a matter of tentimes use a tongue-in-cheek quote maybe they did not pick it up on time, having productive interaction between around here that says one of the defini- maybe they do not fully understand all everybody involved. You have an in- tions of insanity is doing the same the elements of diet and medications formed, active patient and you have a thing over and over again and expect- for complicated diseases. What does prepared, proactive practice team. ing different results. Indeed, in the that mean? You can end up with chron- No longer the passive system, the doctor says here is your diagnosis, here health care system where so much ic diseases, repeat tests, many hos- is your prescription, good luck, call me money is used inappropriately and pitalizations, emergency care may be if there is a problem. If that prescrip- wastefully, we ought to have some required, increasing medications, going tion is not filled, there is a call from changes. from doctor to doctor who may not the doctor. It is a system of interaction From the Center of Health Trans- know the other medications the child between the patient and doctor to formation, they say we have this cur- is on, leading to further risks, and all make sure they are going back and rent health care system and we are try- of this costs unnecessary money, un- ing to come up with some reforms forth. necessary time in hospitals, increases Mr. Speaker, I am not talking about within the network. We try things like the risk for harm, and what happens, things that take place only in families so much money is going to pay for di- we end up paying for it. that have access to computers and fi- agnoses. We ask for some procedures to About 10 percent of the cases that nances to do this. A lot of this is done be done inpatient and outpatient, all show up in an emergency room are in areas of low income levels, of high within that system. What happens is if someone who has no ability to pay, but risk populations where we really find it this system does not change, it will it is estimated that 60 percent or more, is much more affordable. What we need lead to some decay. The system cannot 60 percent or more of patients who to be looking at here as Congress is continue to go the way it is. Anyone show up in emergency departments are when we are reviewing such things as who owns a small business or a house- nonemergencies. If in such cases the the Medicaid system, it is not just say- hold cannot continue to operate the care was given ahead of time, whether ing we are going to lop off $8 billion or way our health care system operates. it is through a community health cen- $10 billion and see what happens. It is a When we go into hospitals, inpatient/ ter, a clinic, direct patient care with a matter of doing more effective work. outpatient, you will see the latest physician, if we monitored and kept a Much like a household that says our equipment, the greatest skilled per- careful eye on those children with spending is going out of control, they sonnel, MRIs, PT scans, CT scans, but chronic conditions, we could save mas- do not just say let us not spend any very often we also see that data is kept sive amounts of money. more. Every small business and family on patients on pieces of paper. We have This is not cutting care, it is improv- does this. They look at what they are 21st century health technology kept on ing care. Emergency care can cost five spending, but you have to change some 16th century monitors. What happens, to eight times more than outpatient of your habits and make habits more people slip through the cracks. The care, and we can actually save billions effective. wrong prescriptions are ordered. Tests of dollars in the system. This is where The system that seems to be adapt- that are done have to be repeated be- we can find savings, and in so doing we ing the slowest is our health care sys- cause someone cannot get them. save lives as well as money. But this tem, perhaps because we just keep I was talking to one of our colleagues means we use a chronic care model and doing the same thing over and over today and he was telling me how a not the inefficient going to a doctor, again and expecting different results. sonogram was done of his wife who is another disease, go to another doctor. What the Federal Government is pregnant, but he cannot get it from What this involves is not just the going to do and what we are doing here here back home to his wife because he health system, it really involves the in the Republican Conference is asking has to carry it manually. It cannot be community, the resources. What takes those questions and demanding some e-mailed. We take e-mails for granted, place, the support systems, the fami- answers of changing some of that sys- but doctors have to wait for papers to lies, the individuals helping to make tem. transfer locations. sure they are watching their children, What I would like to do is call upon What happens? Can we come up with they are educated and they know what the gentleman from Georgia (Mr. some real changes to really help our to do. It is making sure we have a de- GINGREY), who as an obstetrician has children? Yes, if we switch to an intel- livery system involved with making worked with many families, particu- ligent health system that uses elec- sure doctors are notified if someone larly in the area of prenatal care. One tronic prescribing, electronic medical does not pick up their prescriptions. A of the critical areas in cutting costs records, real patient care management lot of this can be done with electronic and being more effective in health care for our children rather than having a prescribing notification. It is making is dealing with prenatal care in an ef- system that gets bogged down and col- sure that clinical information systems fective and positive way.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23118 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Mr. Speaker, I yield to the gentleman And the third bullet point, low birth women delivering babies annually ei- from Georgia (Mr. GINGREY) to talk weight infants are more likely to suffer ther without receiving prenatal care or about these aspects of prenatal care, from disabilities, things like heart de- ending up with premature deliveries. and he can tell us about some of the fects and respiratory illnesses. They I want to, if the gentleman would elements of saving money by doing are four times more likely to pre- allow me, to expand on this a bit. It is more effective patient care manage- maturely die than infants with a nor- not just being born healthy and well; ment. mal birth weight. but the first 5 years of life, what hap- I have had many situations, Mr. Mr. GINGREY. Mr. Speaker, I thank pens to the child after that is tremen- Speaker, as an obstetrician having de- the gentleman from Pennsylvania (Mr. dously important as well. I have a livered over 5,000 children, where MURPHY) for leading this hour during grandson, little Grey Collins. He will women come into the emergency room this week of Children’s Health Care Ini- be a year old soon. And it is so much having had no prenatal care. And they tiative and calling attention to the fun to see him, and I often have that are clearly the ones who are more like- health of our children. The gentleman opportunity to see him, watching the ly to deliver these low birth weight ba- from Pennsylvania (Mr. MURPHY) has little Baby Einstein tapes, that he is bies and deliver them prematurely. worked extensively in the field of psy- hugged many times a day and loved by That is why I think it is so important, chology, particularly child psychology. his parents and grandparents and his and I know the gentleman from Penn- He has actually written a book and has aunts and uncles and how important it sylvania (Mr. MURPHY) would agree another coming out soon on the sub- is to provide that love and affection to with me, that when we emphasize the ject. I think as we get further into the a child and let them know that they issue, the immigration issue, of secur- hour, we probably will discuss a little are loved, and we will get into that. I ing our borders and want to make sure about bit about how important a am sure the gentleman from Pennsyl- that every immigrant that comes into child’s not only physical health but vania (Mr. MURPHY) will talk about this country comes here legally and their mental health is. that later in the hour as he discusses has an opportunity to get prenatal b 1730 things like childhood obesity and care, as, of course, many of those who childhood mental health. But I do appreciate the opportunity come in an illegal manner are afraid or that the gentleman has given me, Mr. do not now how or where to get pre- But I wanted to speak a little bit Speaker, to share some of this time natal care and will just show up in the about a program that we just reauthor- with him. emergency room having delivered an ized in the last couple of weeks here in My background in a prior life, my unhealthy premature low birth weight this 109th Congress, and what I am professional experience was for 30 years infant, the cost of taking care of a talking about is the Head Start pro- in the practice of medicine, and the child in that situation in the very ex- gram. Sometimes we get criticized, we, specialty that I enjoyed practicing was pensive setting of an intensive care the Republican majority, that we do obstetrics and gynecology; and we have nursery, a 2-month stay, and that not care enough about social programs that opportunity in that field of medi- would not be uncommon for a very and we do not care enough about the cine to see a child at the very begin- small infant, could approach easily poor and underprivileged and people nings of life and know how critically $750,000 to $1 million worth of health that do not maybe have the same op- important a good start is. We talk care. And that, Mr. Speaker, is really portunity that the upper middle class about some of the things that this Re- just the beginning. society has. publican majority has done, some of That is just the beginning of the But let me tell the Members we do the very good programs since President cost, because if there is a disability care. We do care. And this reauthoriza- Bush has been in office, certainly not that is long lasting or maybe even last- tion is proof of the pudding. the least of which is No Child Left Be- ing a lifetime, and that is often the hind regarding our K–12 education pro- case, whether it is a heart defect or a Just a little historical perspective on gram. But it is so important from the musculoskeletal deformity or a mental that. Head Start and its cousin, Early health care perspective that no child is defect as a result of lack of oxygen, Head Start or comprehensive child de- left behind from the moment of concep- sometimes even blindness, the cost is velopment programs, serving children tion. just astronomical. So it is so impor- from birth to age 5, as I stated, as well So I do want to talk a little bit about tant, it is so important, that we do as pregnant women and their families, the importance of prenatal care and ac- things in this Congress at the Federal the critical component of the Head tually call my colleagues’ attention to level to encourage that women get pre- Start program is that it is child fo- this one poster that I have here regard- natal care and that children are born cused with the overall goal to increase ing prenatal care, entitled ‘‘Proper healthy and that, indeed, no infant, not school readiness of young children in Prenatal Care Leads to Healthy Chil- just no child left behind, but no infant low-income families, Mr. Speaker. The dren.’’ No question about it. Some of is left behind. Head Start program has a long tradi- the bullet points, these may be a little So I just wanted to go over with my tion of delivering comprehensive and bit difficult to see, Mr. Speaker, but colleagues some of the things in regard high-quality services designed to foster hopefully we can focus the camera in to prenatal care that are so important healthy development in children that on the bullet points. that I always stress to my patients: of need our help the most. First of all, 1 million, 1 million, course, encouraging immunizations The program provides a range of indi- American women deliver babies annu- and vitamin supplements, monitoring vidualized services in areas of edu- ally without receiving prenatal care. of diet, increased physical activity, cation, early childhood development, Secondly, in the United States, more clearly to avoid smoking and alcohol but not stopping there. It also offers than 250,000 low birth weight infants use during pregnancy and drug use. medical, dental, and mental health are born each year. More than 250,000. Certainly any drug use that is non- services to these children and to their Now, for my colleagues’ understanding, prescription or not under the jurisdic- families. It even goes a step further by a low birth weight infant is one that tion and guidance of a physician is to providing nutritional counseling and weighs less than 2,500 grams. That is be discouraged. Environmental factors encouraging parental involvement in about 51⁄2 pounds. Those children are are hugely important. As I say, a their child’s development. It is a rich not all premature. In some instances healthy diet, a regular weight check, program. I have got a lot of statistics, they are unhealthy children who are physical activity, all of these things and as we continue the hour, I will re- near term, but low birth weight. But are so important. And then to come see late some of those specifics, particu- most of them, most of these 250,000 low the physician on a regular basis during larly in regard to the reauthorization birth weight infants are actually born the pregnancy. This is how we avoid, and how much we are doing in that premature as well. Mr. Speaker, these 1 million American program.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23119 But I just wanted to point out, as I it is something we all have to work on responsible for their own bodies, mak- know the gentleman from Pennsyl- and have responsibility for because ing sure that we, as Members of Con- vania (Mr. MURPHY) agrees, how impor- whether they are healthy snacks that a gress, are talking about these issues, tant it is that we do everything we can person eats too much of or unhealthy but making sure as we monitor how to make sure that our children get a snacks, whatever that is, we have to money is spent we are much better off good start in life. And as I have stated make sure that we watch our diet and looking at ways that funding could be at the outset, the prenatal care aspect have proper exercise. given to communities, programs, to is hugely important. Programs like the Unfortunately, what has happened in schools, to hospitals to help make sure Early Head Start and Head Start pro- this Nation, I believe it may only be we are working on prevention of obe- gram so that the children, all children, the State of Illinois that still requires sity rather than paying the high costs when they get to that 5-year-old kin- gym class in school, and as such, chil- at the end of the line for so much of dergarten class or get to the first dren spend much more sedentary time the increases in health care because grade, that they have an equal oppor- at home, playing video games or in obesity has continued to climb. tunity with their peers and they are front of the television, less active, and Now, with obesity often comes behav- not starting school with one hand tied eating more during that time. This is a ioral disorders as a matter of fact. behind their back. So it is hugely im- major contributor to childhood obe- Many a child I saw in my clinical prac- portant that they are healthy, that sity. And what has happened in the last tice as a psychologist oftentimes came they are happy, that they are loved and 10 years, and look here, the proportion in a child who was well overweight, they have an opportunity, as we all of obese children has tripled since 1970. teased by their peers, struggled with want, in life. It has doubled in the last 10 years, tri- this on top of their other physical At this point I will continue to be pled among teenagers actually during problems. They oftentimes got in this here with the gentleman from Pennsyl- this time period, and increased downward spiral, less activity, more vania (Mr. MURPHY) during this hour. incidences of disease associated with socially isolated. Perhaps they were Mr. MURPHY. Mr. Speaker, reclaim- that, including such things as now we teased by other kids, the butt of jokes, ing my time, I thank the gentleman for see adult onset diabetes showing up in a sad condition, and many of these his learned information for our col- our children. We also see heart prob- children also suffered problems with leagues to be aware of not only Head lems showing up. We see the risks that mental health. Start but about prenatal care. take place with blood pressures that What happens in the area of mental One program I want to mention, the are showing up in children who really health is sometimes in this Chamber National Nurse-Family Partnership, is did not have these problems before. and our Nation, we look down upon it a great example of success. It is a pub- This is an estimated annual cost of from a couple of different angles. We lic-private nonprofit center. I believe it obesity-related diseases in the United see perhaps mental health problems are is centered in Colorado, with over 700 States: $100 billion. $100 billion annual some sign of softness, that perhaps peo- nurses delivering in-home prenatal cost of obesity-related diseases. This is ple should be a little tougher, take it care and early infant care to more than not something that is cured by simply on the chin, not be so sensitive. Some- 13,000 low-income families throughout having government come in and tell times I am not sure we have advanced the Nation. Interestingly enough, they people what they can and cannot eat. from the days of the Salem witch were able to demonstrate they could Something has broken down in our trials, and blame those who suffer from return $4 savings for every $1 invested families and our communities where we mental illness and say somehow you in these services by the time the chil- are no longer telling kids they have should have done more. dren reach age 15 by reducing expendi- had enough to eat or they are not going Sometimes we ridicule those who are tures for such things as special edu- to eat any more of that or they need to on medication. Jokes still abound on cation, emergency room visits. Again, get out and play. television calling people crazy, loony, when we use a more comprehensive pa- The annual hospital costs for obe- out of control, retarded, in derogatory tient care model, we look at the whole sity-related disorders in children ages 6 terms, for something that we continue family and not just the individual dis- to 17 years of age increased from $35 to see in this Nation as a sign of weak- ease, we can save money and provide million to $127 million between 1979 ness instead of a real disease. care. and 2000. It is a lack of physical exer- Again, if we are going to deal with Secondly, I also applaud my col- cise; 38.6 percent of United States things in the health care area, to truly league for bringing up those aspects adults report they have no leisure-time reduce costs and deal with patients, we about Head Start and Early Head physical activity at all. The annual es- have to understand in the area of chil- Start, so critically important for fami- timated cost for diseases associated dren’s mental health psychological dis- lies who are struggling to make ends with this physical activity in 2000 was orders are real. They are not made up. meet to have this system that really $76 million, but we know that daily They are not indications where some- puts the parent at the center of the participation in physical ed classes by one is weaker and ineffective. child’s care, making sure they are in- high school students has dropped from volved in all the decisions, making 42 percent in 1991 to 29 percent in 1999 There is a very strong and consistent sure they have the information they and continues to decline. scientific basis to say that the myth of need to have, making sure that they psychological disorders and psychiatric are, in essence, put into the role of par- b 1745 disorders has to be debunked. Kids do ent and not government in the role of Even though we have data that con- have real problems. Adolescents have parent; and that makes all the dif- tinues to tell us physical exercise is more problems. Adults have even more ference in the world. critical and important, not just for a problems, and all these grow when we Let me shift into another area here, child’s physical health, but really, as do not deal with these problems at an however, that is also critically impor- we are looking at ways of managing early level. tant and something we dealt with this, we cannot continue to just pump There are biological and environ- today. At any point if my colleague has money into the Medicaid system and mental causes. It is interesting, you comments he wants to make, I cer- into our insurance systems to cover can have some children face tremen- tainly would encourage him to do so. the costs of the outcome at the end of dous difficulties in their life and they But this is the area of childhood obe- the line. do not seem to show problems in men- sity. Today, we passed a bill out of the We need to go upstream and work on tal outcomes, but that does not mean House that said that we cannot just be some basic prevention, and that means, that those who do have problems are blaming restaurants and fast-food com- quite frankly, mothers and fathers simply weak. Just like some of us may panies and food manufacturers when across America have to work on these be exposed to the flu, some of us may someone has obesity problems. Indeed, issues of teaching their children to be eat different, and be around those who

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23120 CONGRESSIONAL RECORD—HOUSE October 19, 2005 smoke and never develop any symp- things go away just because you wish it prehensive care with the patient, with toms at all, where others are suscep- to be so. I do not want situations put mental illness as well, such problems tible to them as part of their own bio- upon our country where we see that, as I said before about bipolar; that is, logical genetic makeup. again, people from Hollywood are say- manic depressive illness, attention def- Again, it does not mean they are ing, well, there is no such thing as icit disorder, anxiety disorders, all of weak or ineffective. It means a com- mental illness, and therefore, we do not these with a strong genetic component bination of the biological and environ- treat it. That is wrong. We do know and elements where we can make huge mental factors that caused this. You that they can respond to treatment, changes in people’s lives. cannot simply say if we take care of and it is important we continue to fund It is something that we need to make these environmental causes it will in areas of Medicaid and everywhere sure we are no longer just criticizing never occur. Sometimes people say, else, Medicare, psychological, psy- about overprescribing or perhaps say- well, maybe it is poverty that causes chiatric treatment because it is helping that too many kids are getting some of these difficulties with mental ful. stimulant medication with attention illness, and that is not the case at all. We also need to, however, carefully disorder; we should or should not do Depression, bipolar disorders, attention evaluate the treatment, the planning this. disorders, anxiety disorders occur at and follow-up assessment of these. I Here is the crux of this. It really is a all lines of children. Boys sometimes will give you a couple of examples. matter of having accurate diagnosis have more than others, but there is Last year, there was a lot of discus- and treatment and making sure that this link between biological and envi- sion about some anti-depressant medi- we are not overmedicating or under- ronmental causes. Boys have more cation, and when some children took medicating our children. Somehow in problems, for example, with attention it, there was a higher risk for suicidal this Chamber we politicize this to disorders. Girls may have different thinking, suicidal ideations we call it. somehow think we are doing something symptoms with depression, but in all What did not come up in those discus- wrong in both areas of the conservative cases we also see there is a com- sions are a couple of important factors. far right, the liberal far left, somehow monality between parents and grand- One, 75 percent of psychiatric medica- accuse maybe there is some conspir- parents having some of these diagnoses tions are prescribed by nonpsychia- acies involved in this, and there is not. that I mentioned for anxiety, bipolar trists. They may be highly qualified It is a matter of making sure the phy- disorder, attention disorder, depression physicians. In many cases, they may be sicians have the training to deal with and their children. Not always chil- general practitioners, pediatricians, this. They are interacting a com- dren, but certainly some where you family doctors, obstetricians. Seventy- prehensive care model, a patient care have significant environmental five percent, however, and they may or model, disease management model, to- stresses and reactions which interact. may not be doing the other follow-up gether with people of various profes- We may see, for example, as the out- that is necessary. sions and working closely with the come of the hurricanes in the gulf What anti-depressant medications do families. coast that there will be some children is they can change a person’s mood. We see this in the area of children’s who live through tremendous trauma, They can help change the chemical, bi- health when you start to look at so and they may have some post-trau- ological reaction that a person’s cen- many aspects here that you really can matic stress reactions, but it may tral nervous system and brain of how make some huge differences. never reach the level of post-traumatic they process stresses that can lead to I would like to point to a couple of stress disorder. It becomes a longer the debilitation of depression, but it things here and then call upon the gen- term debilitating factor, exhibited, for does not change the way a person tleman from Georgia (Mr. GINGREY), example, as such things as depression, thinks. That is why it is so important my colleague, on a couple of questions. trouble concentrating, nightmares, et that we make sure we are funding pro- But one of the things to keep in mind cetera. It may never reach that level grams that also provide the psycho- about depression, which is one of the because they may in their own biologi- logical therapy for children to help most common mental illnesses affect- cal factors have resilience, but their them understand what these thoughts ing more than 19 million Americans family may be there to support. are, to help them change the way they each year, that it can cause longer The other things here is to under- are thinking about the world so as they lasting forms. You can lose pleasure in stand that psychological disorders do start to feel better they do not have life, complicate other medical condi- respond to treatment. This may be more suicidal risks. tions, can lead to suicide, but it is also pharmaceutical; that is, medication, Interestingly enough, one of the associated with many other medical and it certainly is also matters of things we oftentimes taught medical issues. counseling and therapy. This is not students in medical schools is once pa- For example, cancer has a higher in- just a matter of talking to someone, tients start getting better with symp- cidence of depression, stroke. Diabetes, giving common-sense ideas. This is a toms of depression, the risk for suicide people with diabetes have a 25 percent matter of very strategic, scientifically may increase because the support sys- chance of having depression. That is based things such as cognitive behav- tems back off and they say Johnny’s higher than the rest of the population. ioral therapy to work with patients. feeling better, we do not need to have Depression also affects as many as 70 We know, for example, that children him in the hospital or do not need to be percent of patients with chronic dia- with depression respond fairly well, around him as much. Perhaps people betic complications. People with heart pretty well, to some of the talk ther- are no longer monitoring the person 24 disease, 40 to 65 percent of them will apy or counseling to help them under- hours a day. They start to go back to have depression, and what is inter- stand strategies to deal with problems school, face more stresses. esting is untreated depression in these in their life, recognize the symptoms As they are getting their energy up, patients can lead to complications, and do their own intervention them- as they are back in the world and such as the health care costs can dou- selves to change those symptoms. thinking if we do not change the way ble. But we also know when people move they think with depressive thought Now, I ask the gentleman from Geor- from moderate to more severe levels of patterns, if we do not interrupt that gia (Mr. GINGREY) on this, he certainly depression, medication, it is pretty and change it, you can actually in- treated many a patient who had med- darn helpful and sometimes almost crease the risk for suicide. That being ical complications as well as some of necessary for them to have that. It the case, we have to make sure that as the psychological ones, and I would does not help when we have movie we are looking for more effective ways like to ask him, in looking at some of stars out there saying there is no such of spending money, the taxpayer dol- these more comprehensive chronic care thing as mental illness, an irrespon- lars in Medicaid and Medicare and models, of how we need to be moving sible statement. It does not make Head Start that we are working com- forward in a modern system of health

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23121 care and not be just looking at indi- about Hollywood and, of course, this gion has some of the highest maternal vidual disease, but how looking at issue of there is no such thing as men- smoking rates during pregnancy in the more advanced forms of bringing tech- tal illness. I think probably they might Nation. My understanding is a lot of nology and changing the system, how predominate in some of those diseases, complications can come when you have he sees that affecting the patient in a which we categorize as mental illness. a mother who smokes during preg- cost-effective way. But quite honestly, when a child goes nancy. Certainly an important part of Mr. GINGREY. Mr. Speaker, as the to school and there is this emphasis on prenatal care for our children is under- gentleman pointed out, and he is so thinness and you see these youngsters standing the importance of helping a right, we need to move into the 21st wearing these Britney Spears’ jeans mother to stop smoking during that century in regard to our health care and that sort of thing, a child even a time. system and modeling. Just trying to little bit overweight and certainly one I wonder if the gentleman can com- come up with better drugs and the lat- that is significantly obese, of course ment on some of the complications est surgery techniques to treat com- they are going to have a poor image of that might come for that mother and plicated illness is not enough. We real- themselves. They are going to with- that baby not only during labor and de- ly need to focus on preventive care. draw, and they are going to become livery but the long-term effects for You are talking about in the last few shy. It is very likely they are going to that child when the mother smokes minutes, of course, your specialty, in be picked on. How in the world can during pregnancy. talking about mental illness, and as it they grow and develop with a healthy Mr. GINGREY. Without question relates also to childhood obesity, and I self-image? No wonder they end up probably the most common condition could not help but think as I was lis- needing to be counseled and treated by that we see in smoking moms is some- tening to your discussion, and as you the gentleman from Pennsylvania (Mr. thing called toxemia of pregnancy. know, this week we just passed H.R. MURPHY) and other mental health care Toxemia, by the very word, it is a poi- 554. H.R. 554 is the Personal Responsi- specialists. son. We do not know exactly what that bility in Food Consumption Act of 2005. Yes, unfortunately, some even go on poison is, but something occurs in This is a bill my colleagues are aware to harm themselves and possibly even those moms that develop toxemia. It is of the fact it would not allow someone commit suicide. So I guess the most not always because of smoking, but fre- to sue a fast food manufacturer be- important thing that I would want to quently it is. And also so often that cause they have gorged themselves say as a physician Member is that we condition will lead also to pre-term with a multiple number of Big Macs or need to prevent this. labor and delivery and one of these low any other kind of fast food, or some- birth weight infants. b 1800 times what we refer to as junk food. It In the extreme, toxemia of pregnancy is not the fault of the food industry. We need to make sure that parents before birth results in a very, very high I used a little analogy when I was get the message that they have an obli- blood pressure. It can cause a stroke, a talking about this on the floor yester- gation, not just to take care of them- deep coma, one from which sometimes day in discussing the rule of my belt, selves, but first and foremost to take the mother never recovers and the which is a size 36. That is, I hate to care of these precious children that child is lost. So we are talking about admit, the size of my waist, but if I they bring into the world. It is their re- one of the worst complications of preg- wanted really out of blind pride to sug- sponsibility to make sure that they are nancy other than just out and out gest that I had a 24-inch waist and I from the very beginning, when they exsanguination from bleeding, which is cinched that belt down a couple of start eating at the table, to make sure also a possibility in any pregnancy. notches, in doing so, I put pressure, that they are healthy and stay healthy But smoking, we see that condition compression on something referred to so you do not have to have them end- more often. And then, of course, child- as the lateral femoral cutaneous nerve, ing up in your office treating them for hood asthma, which I am sure the gen- it would result in a condition of numb- not only mental illness but also the tleman has seen plenty of cases of that, ness and lack of feeling on the anterior many complications of obesity. youngsters that come in because there thigh. Then should I go out and sue the You mentioned them. You mentioned is that secondary smoke situation. Not belt company because they are at fault diabetes, high blood pressure, so many only do they have to suffer with it dur- because I misused a product? things. And talk about the cost to this ing the 9 months of pregnancy of their This is what this bill, of course, is all health care system of ours. We always mom; but once they are born, that about, a common-sense type bill. talk about waste, fraud, and abuse in smoking continues in the household. Parenthetically, Mr. Speaker, I also the Medicare and the Medicaid pro- So it is a huge complication, no ques- want to mention the gentleman from grams and wanting to eliminate that, tion about that. Florida (Mr. KELLER), the author of the and we are very diligent and will con- Mr. MURPHY. Also, it is related to, bill, our good friend and colleague, is tinue to be so. But this is almost a no- my understanding is yet so many other actually in the hospital now and recov- brainer. It is like we heard former aspects come from this that you may ering hopefully from a fairly minor Speaker Newt Gingrich say to a group find in such children also eating dis- condition, but we want to pay tribute of us earlier today, and the gentleman orders and diabetes and cancer risks to him. I know he is proud that we from Pennsylvania was a part of that even if that child never themselves passed this bill this week. as we had him come to speak to Mem- smoked cigarettes. But the risks are The comment that I wanted to make bers of the House. We are not talking huge. I believe a direct and indirect is this issue of personal responsibility, about low-hanging fruit here in regard medical cost of smoking in this Nation and parents should have that personal to saving money and saving lives. We is about $138 billion per year. responsibility obviously in the way are talking about fruit that is lying on Of course, another reason why I be- they conduct themselves in regard to the ground sitting there rotting wait- lieve it is so important not only for the how they eat and a healthy diet and ex- ing for us to pick it up. So clearly that government but really for individuals ercise, but even more importantly is is what my message would be in regard and businesses to focus so much on the responsibility that they have to to that. helping to change that is the State of give a good example and instruction to Mr. MURPHY. I thank the gen- California, for example, estimates that their children. tleman. I asked about another issue, their statewide tobacco prevention pro- I think it is probably the worst form too, which is one that is so critically gram during the 1990s resulted in over- of child abuse to let these youngsters important for children. My colleague all cost savings of $8.4 billion in health that at a very early age overeat and be- from Georgia had mentioned before, care. That is pretty remarkable. come obese. You have talked about the during pregnancy, smoking being one Again, unfortunately, the way the issue of poor mental image, self-image, of the risk factors. I believe that the Congress scores things with the Con- and of course, I also see you talked sad statistic is that the Pittsburgh re- gressional Budget Office, when we talk

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23122 CONGRESSIONAL RECORD—HOUSE October 19, 2005 about starting programs that would action Drug Act that we passed in De- jobs, all of these things, elimination of tually save money, my colleagues are cember of 2003. Of course, that part D the death tax, no taxation without res- aware of this, we never can get an ac- will go into effect and the moderniza- piration I firmly believe in, the scorers curate measure of what it actually tion piece is already in effect for Medi- said that was going to cost us $1.3 tril- saved because of the way the CBO, the care, but part D, the prescription drug lion. Congressional Budget Office, scores part, will start January 1. But all we My colleague remembers that. And a things. It is not how much you save, heard and continue to hear, particu- lot of people said, oh, we cannot afford but how much you spend. So if we larly from the other side and for those that. What are we doing cutting taxes? would do similar things that would nay-sayers who keep wanting to talk Well, after about a year and a half, lead to a smoking cessation during negative about really a very good pro- when we looked at our revenue stream, pregnancy, and it might cost X number gram that is going to be a Godsend for what was the result? We had about 225 of dollars, the CBO would score that our neediest seniors, I talked about billion more dollars, which on the scor- but never tell us how much money it this on the floor, my colleagues I know ing side we get no credit for. would save over time. That is some- heard me last night. But the talk, the So the gentleman is so right. So thing that frustrates all of us because emphasis is on the cost of part D, and many of these things that we are talk- the things we are talking here tonight the cost estimate is based on the num- ing about tonight in this hour, these really require some expenditures to get ber of seniors that participate ulti- innovations, these community health these savings. mately. centers that the President has funded, Businesses are picking up on this. A I do not think anybody really knows, recommended, and feels so strongly recent review of health promotion and Mr. Speaker, what that number will be; about, on the scoring side you get no disease and management programs in but at one point it looked like the CBO credit for; but we do save money, as businesses that provided health edu- said, well, it is going to be $400 billion the gentleman points out. And just cation to their employees, including additional Medicare cost over a 5-year think, also, it is the compassionate, exercise, health-risk screening, weight period of time. Then those numbers conservative thing to do for the Amer- control, nutrition information, stress were revised, and then we were hearing ican people. management, disease screening, and as much maybe as $750 billion. That is Mr. MURPHY. I am reminded of the smoking cessation, found a significant the scoring that the gentleman from story of the fellow who was on his return in investment, saved about $1.50 Pennsylvania is talking about, and my hands and knees late at night under a to about $5 for every dollar spent in the colleagues understand what he means. streetlight in the city, probably had program. You get no credit for the fact that too much to drink, and a police officer For example, Motorola, their many people who sign up and, yes, sees him and says: Excuse me, sir, what wellness program saved the company there will be an additional Medicare are you doing? The gentleman says: I about $4 for every dollar invested. cost for them on this part D program, am looking for my car keys. And the Northeast Utilities’ program in its first but the fact that they are able to take police officer says to him: Well, where 24 months reduced some of the claims those medications, they can finally af- did you lose them? He said: I lost them by about $1.4 billion. Caterpillar Com- ford to take that statin to lower their down at the end of that dark ally down pany, they had a program that saved cholesterol and that medication, that there. And the policeman says: Well, about $700 million. Johnson and John- insulin to lower their blood sugar or why are you not looking for your keys son’s health and wellness program whatever antihypertensive to lower at the end of that dark ally over there? saved about a couple hundred dollars their blood pressure, guess what, we And the gentleman says: Because there per employee per year. get less spending on part A, the hos- is more light over here. What is interesting here is how much pital part, when you end up in the Sometimes I think the way we look we can save and what we have to look emergency room with a stroke because at these medical issues, instead of at here. And I call upon my colleagues, you could not take your medicine, or looking at the cost savings involved we need to make some fundamental you end up on the operating table for with prevention, we simply are able to changes in how CBO scores these your coronary bypass or maybe even look at how much it costs us up front things. We have got to stop just look- worse an amputation or a kidney because it is easier to find that data. It ing at how much it costs up front and transplant, and then you have this is tougher to pay attention to preven- look at how much it saves in the long huge cost to the physician under part tion. run. Again, I look at such things as if B. My colleague brought up some great we are able to have more people go to The truth of the matter is, and what points. Prenatal care, Early Head federally approved health centers, com- the gentleman was emphasizing, is that Start, Head Start, what that contrib- munity health centers in their commu- you get no credit for saving those utes to in helping save problems. We nity instead of showing up in the emer- costs, not to mention the fact that it is talked about community health cen- gency departments, yes, it may cost so much more compassionate to spend ters and spending money. I like the money; the President called for a cou- money on prevention rather than President’s plan of a community health ple billion dollars to put into those treatment, particularly when the center in every county in America community health centers. But if it is treatment sometimes is not very suc- where there is poverty and an unin- one-fifth of the cost of going there cessful and a person could ultimately sured, can help reduce emergency visits rather than the cost of going to the be in a nursing home for years and dis- by four-fifths, the cost of the emer- emergency departments, that is a mas- abled for the rest of their lives. gency visits. It is an incredible amount sive cost savings. I will take it a step further before of savings, but not one that we can get Certainly I call upon my colleague, turning it back over to my colleague. those scores for. And it is one of those too, it is one of those things you have It is the same thing, this scoring issue, things where, unfortunately, the polit- seen as well, how do we get these pre- in regard to the tax cuts that this Re- ical rhetoric comes through in this vention issues begin to be scored. It is publican leadership has effected over Chamber, and I do not know of any- of fundamental importance to health these past 3 years. The scorers, the body who has ever been cured by a care. CBO, the number crunchers say, well, floor speech, but it certainly is one Mr. GINGREY. The gentleman is so these tax cuts, the elimination of the where there is just so much talk that right, and I appreciate the opportunity marriage tax penalty, increasing the continues on, spending too much here, to weigh in on this issue. child tax credit from $600 an infant to spending too much there. We need to This issue of scoring, as the gen- $1,000 a child, giving small business pay attention to spending too much. tleman is talking about, it reminds me men and women an opportunity to The problem is not what we are of course of the debate during the more rapidly depreciate investment in spending, but what we are spending it Medicare Modernization and Prescrip- bricks and mortar and creating new on. And if we are continuing to spend

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23123 on wasteful or fraudulent or abusive or truly going to do what is right and de- the spending increases that the re- simply health care issues that are not cent and honorable for the next genera- sponse to Katrina and Rita are going to taking care of the disparity of out- tion, it is a matter of doing what is require. But in actuality these spend- comes between, for example, low socio- right in health care. ing cuts will not go to offset Katrina, economic families, families that are It is a matter of pooling our re- because the Republican budget, the struggling to make ends meet and feel sources together and looking at the an- budget resolution operative for the they do not have the money to pay for swers, to be science-based and not emo- year 2006, the resolution to be brought their doctor visits, and those that may tion-based on this. The science tells us to the floor to be amended, already be in poverty, we need to work on we have things we can do, but we are calls for $106 billion in additional tax those disparities of outcomes and make not yet doing. The science tells us cuts, $106 billion in new tax cuts. sure that we take care of those chil- when it comes to managing the disease And when these new tax cuts are dren early on; and that is why the issue it is not appropriate to just look at passed, the spending cuts proposed, os- of community health centers for our that individual disease, but to see how tensibly to offset the cost of Katrina, kids is so critically important. But, it operates in the context of the child will instead go to make up for the loss again, some will say we are spending and their family. of revenues due to the $106 billion in too much, causing the budget to go up, This is true compassion. This is tax cuts. Since the spending cuts are and we cannot get the proper numbers. where we will save lives. This is where $50 billion and the tax cuts are $106 bil- Now, some of the public that may be we will save money. This is where if we lion, none of the spending cuts will listening is wondering why we are even do things like looking at electronic ever make it to the bottom line where talking about the CBO. But that is, un- medical records, and make sure that they might otherwise be available to fortunately, the way this Chamber op- every hospital around the Nation has offset the cost of Katrina. erates now and that people oftentimes this, and providers and pharmacists So the first problem that we as look at those numbers. We have seen have these, you can find out these Democrats have with what our Repub- tremendous inaccuracies in those num- things and work on them together. lican colleagues are pushing is that it bers. My colleague from Georgia spoke That is what takes place in States is not what it purports to be. It is not about those inaccuracies when it came like Nebraska and other hospitals a plan to pay for Katrina. It is a plan to looking at things such as the death around the Nation. We have here an op- to facilitate $106 billion in additional tax and them being off over $1 trillion portunity to make a huge difference, to tax cuts. in their estimates. But also it is one of save lives by the hundreds of thou- The second problem that we as those things in health care, too. sands, and to save money by the hun- Democrats have with their plan is that Think about this: if you take a medi- dreds of billions of dollars. We have we believe the cost of helping one State cation that costs you $50, but it may that opportunity before us. sustain the catastrophic loss and cost prevent you from having a heart at- The question is, will we have the of a natural disaster, a disaster like tack and further hospitalizations, sur- courage to work together in a bipar- Katrina, Hurricane Rita, should be gery, disability, workers comp, losing tisan manner to do it? My hope is that borne by all of us, by all of the States, your job, having the family require our colleagues drop the gloves on this, should be a matter of shared sacrifice, other care, that is a massive amount of put down the swords, stop looking for has been in the past should be in fu- cost savings. But, instead, we may opportunities to send out sound bytes ture, it works and it is right. focus on only that aspect of the cost of and to have people make phone calls But we do not believe that those that medication, instead of all the and use it as political fodder, but in- least able to bear the costs should be other costs that are saved there. When stead to be able to look our constitu- saddled with the lion’s share of the we look at what we are doing with chil- ents in the eye and say when we were load. And yet that is exactly what dren’s health, it is so critically impor- all here, when we were all granted the their plan will do, because they are tant that we look at the big picture authority to do something about Amer- pushing a plan that will pay for the here as well. ica, we took an opportunity to save cost of Katrina by coming down hard Now, I am going to see if my col- lives and save money, and we ought to and heavy on the backs of students league has any final comments to start with our children. borrowing to pay for their college edu- make in this area of health care. Bar- I thank my colleagues. cation, on the sick whose only access ring that, I just want to mention a cou- f to care is through Medicaid, and on the ple of final comments here. DEMOCRATIC ALTERNATIVE TO very poor who depend upon food stamps b 1815 CUTTING THE BUDGET to feed their families. We are certainly the stewards of the The SPEAKER pro tempore. Under This is just some of those on whom people’s money, and although we are the Speaker’s announced policy of Jan- the cuts they are proposing will fall, not here to take the place of the fam- uary 4, 2005, the gentleman from South and the reason we are proposing alter- ily, we are here to do sometimes what Carolina (Mr. SPRATT) is recognized for natives and opposing the plan that Abe Lincoln said. President Lincoln 60 minutes as the designee of the mi- they are bringing to the House floor. said, ‘‘Governments should do that nority leader. What we have coming before the House which the people cannot do for them- Mr. SPRATT. Madam Speaker, as we is a plan for spending cuts that basi- selves.’’ gather here tonight to talk over the cally and simply does not achieve its Now, in the areas of such things as problems of the budget, our colleagues stated purpose, because it does not go food and consumption, people and par- on this side of the aisle, the Repub- to cover the cost of Hurricane Katrina, ents ought to be watching what they licans, are locked in a dispute over how and the spending cuts it does select, eat. Well, what we also ought to be to pay for Hurricane Katrina, the cost whether they are used to offset tax doing ourselves is working along with of which could fall between $100 and cuts or offset the costs of Katrina, as I physicians and schoolteachers and peo- $200 billion, maybe even more, for the have said, come down on some of these ple in the community to make sure our Federal Government alone. who are the least able to sustain and kids are healthy and safe and exercise Some, for the most part their most bear them. and eat right. conservative Members, have proposed It is fair to ask, I think, as we begin But we also have to make sure we are big cuts in programs that range from to consider such a program, why is it working at comprehensive care, real student loans, to Medicaid, to food we are insisting upon offsets for re- patient care models, that involves nu- stamps, about $50 billion in spending building Biloxi or Bay St. Louis or New trition and exercise and prevention and cuts spread over 5 years. Orleans, but not insisting on offsets to mental health, and integrated care of They present these spending cuts as a pay for rebuilding Baghdad or Mosul or all of those things together. If we are way to offset, partially at least, offset Basra.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23124 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Well, one of the reasons I believe that over the last four fiscal years, we have will be extended when they expire in we are experiencing this newfound in- had to raise the debt ceiling of the 2009, 2009 and 2010. We asked them to terest in offsets that might diminish United States by $3 trillion, 15 billion. assume that we fix somehow the alter- the deficit is that the evidence of a So why do we have this newfound in- native minimum tax so it only affects swelling deficit that is not going away, terest in offsets? It is because the the same number of taxpayers as it af- it is a structural deficit, built into the budget is becoming undeniably fects presently. budget, not a cyclical deficit deficit unsustainable. We asked them to assume that there based on the ups and downs of the I yield to the gentleman from Wis- will be a drawdown beginning next economy, one that is going to be with consin. year, this year, in the troop levels in us for a long time to come because of Mr. KIND. Madam Speaker, I thank Afghanistan and Iraq to the point fiscal decisions that were made in 2001, the gentleman for yielding to me, and where there are about 20,000 in each 2002, 2003 and 2004, is becoming so obvi- also thank him for the leadership that theater, and there will be a steady ous, so widespread, so obvious, so sig- he has provided on the Budget Com- state like that. nificant that it simply cannot be de- mittee and highlighting this very im- And we asked them to assume that nied. portant issue. the President’s proposal for Social Se- I know people back home hear a lot I mean, after all the basics are appar- curity privatization is enacted. Factor of these numbers and figures about ent and they are well known. As Yogi all of these into the budget. Extend the debt ceiling and the growth of the Fed- Berra used to love to say, you can look budget out 10 years. And CBO, we said, eral budget deficit every year. But it up, it is a matter of record. Back in tell us what the results are. And here what is different this time I think is the year 2000, we had a surplus of $236 are the results on this chart, and they the most disconcerting aspect of what billion. Matter of record. The budget are very stark. you are talking about this evening, and was in the black by $236 billion, un- The budget deficit for last year, 2005, that is this new debt that is being cre- precedented. That was a budget that was $319 billion. Under the assumptions ated is not owned by ourselves any was inherited by Mr. Bush. I have just outlined, that deficit will go more. We are dependent on foreign en- Today, just a few weeks ago as a to $640 billion. It will double over the tities; namely, China and Japan, as the matter of fact, the administration number one and number two pur- next 10 years. The debt of the United closed the books on fiscal year 2005, chasers of this government debt that States held by the public and held by and when they closed the books they fi- we are racking up. foreigners will increase from $4.6 tril- nally declared the balance at $320 bil- These are IOUs that are going to lion to $9.2 trillion. It too will double. lion. And they took some credit be- those countries rather than to our own And debt service, the interest we pay cause that deficit is actually smaller citizens or to our own investors in this on the national debt, net interest that than the deficit in 2004, which was $412 country, and we are becoming more we pay on the national debt held by the billion. But a $320 billion deficit is and more beholden to those interests, public will increase almost threefold, nothing to crow about. especially China, in order to help us fi- going from $182 billion to $458 billion. Look at what has happened over the nance these deficits. That is why we say there is a debt last four fiscal years. The simplest way From my perspective, I think it is in- tax implicit in this budget. There may to show it to you on the back of an en- credibly dangerous and not in our best be tax cuts today, but tomorrow if velope is to look at how many times long-term economic or security inter- there is one thing obligatory in the our Republican colleagues have had to ests to be so dependent on China to be budget, it is interest on the national vote to increase the debt ceiling of the financing the deficits of this mag- debt. United States, and what those total in- nitude, which have been taking place b 1830 creases come to since 2002. in recent years. This chart shows it to you very, very Mr. SPRATT. Madam Speaker, the It has to be paid or the credit of the clearly. It shows that in June of 2002, gentleman is absolutely right. First of United States will collapse. And look despite the administration’s assurance all, foreigners are picking up the lion’s at what we are leaving our children, that we would not have to increase the share of our debt for now. It cannot go the burden we are leaving them to bear debt ceiling, the legal limit to which on forever. We know that. No borrower and the increase in debt service which the United States can borrow for an- can go back to his creditors contin- buys nothing for the government, other 8 years, they were back a year ually and endlessly and ask to borrow breeds cynicism of our government be- later saying we need an increase this more and more. cause when the citizens are paying $458 year of $450 billion. But it has had an effect. It has kept billion in interest on the national debt Then in May of 2003 they came back interest rates low, because foreigners and seeing nothing in return for it ex- and asked for an incredible amount, are borrowing our debt. When they quit cept for the fact that the bond holders $984 billion. You would think that big buying it in large shares, we are going of America are getting interest pay- an increase would take you at least to see a rise in interest rates, it is ments, they get cynical for what gov- several years. This request was ap- going to have a significant effect on ernment can do for them for charging proved on May 26, 2003. By the summer our economy. such high taxes and doing so little in of 2004 the Bush administration was Let me just show you the path we are return. back, Secretary Snow came back hat in on right now, to illustrate why the The debt of the United States will in- hand saying we have just about run word not on a ‘‘sustainable’’ path has crease from 37 percent to 46 percent of through the $984 billion increase you become commonplace in Washington the GDP. That is the path we are on allowed us last year, we need another today. Our trade deficit, our budget now, and that is the path everyone $800 billion increase, and before we deficit are simply not sustainable knows is not sustainable. could leave for the winter break, last paths. Mr. ETHERIDGE. Madam Speaker, I November, that had to be passed. This September, just a month or so think what the gentleman has pointed Finally this year, we had a budget ago, CBO, by law, presented a budget out, if our colleague were taking in resolution on the House floor, passed update, economic update which they context of where we were on 9/11 when the Senate, has now been passed as a are required to present. We asked them New York was hit, we had a surplus, concurrent budget resolution. It calls to take this projection of the economy and when that hit we had the resources for an increase of $781 billion in the and the budget over the next 10 years of this government, as bad as it was, to year 2006. and adjust it for assumptions that help put this thing back together. If you add all of these debt ceiling in- would capture the essence of the Bush Mr. SPRATT. We had some resil- creases together, you will see that to budget. ience. accommodate, to make room for the For example, we said assume that the Mr. ETHERIDGE. We had some resil- budgets of the Bush administration tax cuts passed in 2001, 2002 and 2003 ience. We had balance. We did not have

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23125 to say we are going to look for offsets a $45,000 a year job for the money that why it is important that we have this to help the people of New York get we are going to waste on debt service discussion tonight so hopefully we can back on their feet. They are still recov- because we have let this deficit get out bring some fiscal sanity back into the ering, but we did the right thing. of control. economic decision of this body before I was down in Louisiana last weekend In the deficit for 2015, the gentleman it is too late. with members of the Committee on Ag- has listed $640 billion. We need to put Mr. SCOTT of Virginia. I would ask riculture. That is what makes this that number in perspective. The entire the gentleman from South Carolina such an important night in what we are revenue from the individual income (Mr. SPRATT) to explain this. doing. tax, what everybody pays in individual Mr. SPRATT. That is essentially on We went to the food bank, the food income tax, is approximately $800 bil- a linear graph, what we have here in a bank in New Orleans, and really for lion. They have overspent, gone in the simple table. It shows a blip for Louisiana and the larger area the food hole $640 billion. You just wonder how Katrina but basically it adds very little they handed out last month was half bad it would have to get before they re- to the outyear deficit. what they had given out in one month alized that this just is unsustainable. Mr. SCOTT of Virginia. So the out- the whole year last year. And we are Mr. SPRATT. Let me make two year deficit is essentially the same looking at folks who have lost their points before I yield again. whether you pay for Katrina or not. jobs, who have lost their homes, who First of all, we all believe that dis- That it is really a blip on the screen. have lost everything they have, and we aster relief should be a program of So whatever our fiscal problems are, are saying that in this budget that we shared sacrifice. We should all want to Katrina is absolutely irrelevant be- are going to offset against those folks? pitch in and help the people of New Or- cause that is only a blip on the screen. The gentleman has pointed out so leans and Bay St. Louis and the gulf This is the size of the deficit, the many times we in this country help coast. No question about it. But when solid line without Katrina, the dotted one another. It is not about taking you spread that burden across our line with Katrina. And after a couple from one group to fix another group. whole country, and that is the way we years, you do not notice the distance. Ms. MCKINNEY. I will not take much And as we look at these numbers, we should do it, it should be spread equi- time but I want to change the thrust literally are taking from our children tably and evenly and fairly. just a little bit because I want to talk and our grandchildren so folks today The second problem we have with for a half minute about our education can live the high life. That is wrong. what is being proposed and pushed In the budget cuts we are going to be President. right now, is that the costs would not Now, it is my understanding, and I seeing coming down the road, the re- come down evenly and equitably, but sult of some of the policies that have hope the gentleman will correct me they would come down heavily on, in been put in place over the last several where I am wrong and you will amplify many cases, those least able to bear years, we are going to see children de- what needs to be amplified where we the burden. We do not think that is the nied an opportunity for education, a are right, but our education President way it should be done. We are not say- higher education. We are going to see has underfunded No Child Left Behind ing it should not be paid for in some re- heating bills for folks going up this by $39 billion. Now, he has also cut spect or stretched out over time. We year because of energy prices going technical education, cut student loans, are simply saying, when and if it is through the roof, and they will not cut the grants available to students paid for it ought to be equitably dis- have money to pay those bills because who want to go to college. And so basi- tributed. we will not have the resources to help. cally they, the people who are making Let me make one other final point by These are the consequences of bad pol- public policy in the Congress these saying that if you look at our charts icy decisions that have been made in days, are a bit out of touch with the here you will see that in the year 2015, this body. way the rest of us live. We, our chil- Mr. SPRATT. They are becoming so way down here in the corner of this dren, and those of us who are still stu- abundantly evidenced that they cannot particular chart, the deficit will be $640 dents, rely on the funding that is avail- be overlooked or denied any longer. billion. That does not assume anything able in the budget so that we can have That is the point I am trying to make. for Hurricane Katrina because it had the workforce for tomorrow being pre- Mr. ETHERIDGE. Absolutely. The not happened when these numbers were pared today, and that is not the case. gentleman is right on target. run. But the one thing I just want to say I saw that this weekend firsthand and If you factor Hurricane Katrina in at is, it is my understanding that all of I am sure others have as they have today’s level expenditure in that year these cuts in education can be likened been there. This is important that we the deficit will be about $645 billion. So to a student tax, and so I would like for share this with our colleagues and the problem in the outyears here is not the gentleman to amplify on that but I folks tonight so they will understand Hurricane Katrina. It is budget and fis- would just like to say that we had a that budgets are things that you do not cal decisions that were made in 2001, minor, modest victory in the State of pay much attention to sometimes 2002, 2003, 2004 and are still being made Georgia just yesterday because the until, as we say back on the farm, the today through 2010 with the insistence courts in the State of Georgia turn chickens come home to roost, and they that all the tax cuts passed then have back a legislative initiative put for- are not coming home to roost. to be renewed. That is what is yielding ward by the Republican controlled leg- Mr. SCOTT of Virginia. Madam you these outyear deficits. This budget islature and our Republican Governor. Speaker, I would like to thank the gen- that gets worse and worse by the year. That was the much maligned the Voter tleman from South Carolina for his Mr. KIND. Madam Speaker, what is ID bill. comments. I want to get back to the equally troubling and if not more so is This Voter ID bill would have put a chart where he has debt service in 10 that the gentleman is talking about two-tiered structure in place for people years of $458 billion. When you use big the prime retirement years of the baby being able to vote. That was a poll tax numbers like that, sometimes I like to boom generation. We all know we have and the poll tax was turned back. Now put them into perspective. At $45,000 an aging population in this country we have got a student tax, a learning each with that money which is just and that is when that demographic tax. going down the drain, you could hire time bomb is about to go off. Unless or Could the gentleman please talk to over 10 million Americans for $458 bil- until this Congress, working with the us about the impact of these cuts on lion, at $45,000 each, 10 million. There administration, can turn this fiscal the ability of us to prepare our young are less than 9 million unemployed scenario around, it will be virtually people for tomorrow’s jobs but also today, drawing unemployment. So that impossible for our children and grand- how this becomes a learning tax on is just money right down the drain. children to meet the burdens that are young people? You can hire everybody that is on un- piling up on them today because of the Mr. SPRATT. Madam Speaker, I employment, have money left over, and demographics in this country. That is think the gentlewoman will agree that

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23126 CONGRESSIONAL RECORD—HOUSE October 19, 2005 the essence of America’s opportunity cal mismanagement and the misplace- No wonder this Republican Congress and the essence of opportunity is a ment of priorities come back to haunt would not give me a hearing or a vote good education, and what we are seeing the future prosperity but also the secu- on my bill that basically said that poli- in this budget is diminishing money rity of our country. ticians in Washington should keep every year for education. For example, We know what works. It worked in their hands off the Social Security the signature program of the Bush ad- the 1990s with basic budget rules such Trust Fund. In fact, if it were not for ministration was No Child Left Behind as pay as you go, and the Democratic the money being borrowed from the So- and many voted for it on the assump- Party has been united in reinstituting cial Security Trust Fund, the deficit tion that there would be, yes, more ac- those budget disciplinary rules. It did would have been $567 billion last year. countability, higher standards but work in the nineties. That gave us 4 Many American citizens, I know the there would also be more money. years of balanced budgets and sur- citizens in Arkansas’ Fourth Congres- And now, 2006, the difference between pluses and an opportunity to download sional District, are asking me where all what was authorized and expected to be our debt, so we were not dependent on this money is coming from that we are committed to this program and what is countries like China to be financing borrowing. We have borrowed $700 bil- actually being made available in this the deficit. So we were in a better posi- lion from Japan, $250 billion from budget is about 8, $9 billion. The num- tion to be dealing with a 9/11 catas- China, and $76.2 billion from the Carib- ber the gentlewoman gave was a cumu- trophe or a Katrina catastrophe or bean Banking Center. I had never heard lative number since the adoption of the making the important investments for of such. In fact, 45 percent of our def- bill. In addition, in order to make what the future of our country. icit is being funded by foreign inves- is provided for the additional Title I Because of the economic policies pur- tors. funding available, the Bush adminis- sued by the majority in recent years, In the aftermath of hurricanes tration has proposed to cut or kill those options have been taken away, Katrina and Rita, we are faced with the about 48 educational programs. A lot of and they will continue to diminish our very important question of how are we them are small programs, but they are opportunities in the future unless we going to pay for the rebuilding efforts. the Eisenhower Science and Math Pro- bring back some sense of responsibility I find it interesting that these ques- gram. to this Chamber again, and that is why tions are not asked when we talk about We just had a blue ribbon commis- I think special orders like this this paying for the war in Iraq. Just a few sion say we need to be investing more evening are very important times to short months ago, $82 billion was in science and math education if we are discuss the various choices that we passed in emergency supplemental ap- going to make it to the future and sus- face today. propriations. In fact, we spend $188 mil- tain our style of living. b 1845 lion every day in Iraq and $33 million So we see a faint hearted commit- Mr. SPRATT. Madam Speaker, I every day in Afghanistan. ment in name, in slogan, No Child Left thank the gentleman for his insight, In a time of war, in the aftermath of Behind, but the dollars do not follow and I now yield to the gentleman from our Nation’s most costly natural dis- the children to the extent that we all Arkansas (Mr. ROSS). aster in our history, the Republican expected when we voted for the bill in Mr. ROSS. Madam Speaker, I want to majority in Congress and this adminis- the first place, no question about it. thank the gentleman from South Caro- tration are still proposing another $106 Mr. KIND. Madam Speaker, I thank lina for taking this Special Order this billion in new tax cuts. That is wrong. the gentlewoman for Georgia for rais- evening; and as whip of the fiscally It is morally wrong. There is a lot of ing this issue. I am a member of the conservative Blue Dog Coalition, I rise talk these days about values. I can tell Committee on Education and the this evening to share in the dialogue you that those are not the kinds of val- Workforce along with the Committee and to talk about the financial condi- ues that I was raised on and still be- on the Budget, and we are looking at tion of our Nation’s government. The lieve in. under the majority party’s budget rec- Blue Dog Coalition aims to restore This Republican-controlled Congress onciliation proposal of having to come common sense and fiscal discipline to claims these additional budget cuts are up with close to $15 billion worth of the way we operate our government. to pay for Katrina. Over $62.3 billion cuts out of the education and work- Madam Speaker, our Nation today is has been allocated for hurricane relief force authorization budget at a time $7.990 trillion, nearly $8 trillion, in efforts. However, budget reconciliation when, as the gentleman from South debt. Put that another way, our Nation is not applicable to emergency supple- Carolina (Mr. SPRATT) has just indi- today is spending $160 billion a year mental funding. We recently passed $82 cated, we need to be ramping up our in- simply paying interest on the national billion in emergency supplemental ap- vestment in the workforce develop- debt. That is about $500 million a day. propriations for Iraq. Where was the ment of this century with our students In fact, it is $13 billion per month, it is talk of reconciling the budget then? It and with the youth so that they have $444 million per day, it is $18 million an is clear these budget cuts are not the skills and the tools that they need hour, it is $308,000 a minute. Or put an- aimed at offsetting the cost of the dev- to compete successfully in what is a other way, our Nation is spending astating hurricanes, but rather at par- rapidly shrinking world and an incred- $5,100 every second simply paying in- tially offsetting $106 billion in new tax ibly competitive global marketplace. terest on the national debt. In fact, if cuts. The reports are coming out almost every person in America wrote a check The Republican-controlled Congress daily in regards to how we are under- to pay off the national debt, the is proposing to slash programs such as funding or not supporting programs to amount each person would owe, includ- Medicaid, food stamps, student loans encourage more math and science and ing the children born today, would be and other programs that would directly engineering students in this country. $26,000. and adversely impact the poor, the dis- Earlier this year I spent 2 weeks in It is hard to believe now that we had abled, and the elderly. And those cuts, China doing a higher education tour a balanced budget from 1998 to 2001, be- Madam Speaker, are wrong. It is about there. They are investing heavily in cause now this administration, this Re- priorities. And this Republican Con- their education infrastructure. They publican Congress, has given us the gress believes it is more important to are graduating more English speaking largest budget deficit ever in our Na- fund tax cuts for those earning over engineers from their own Chinese tion’s history for a fifth year in a row. $400,000 a year than to fund programs schools than we are here in the United In 2001, the deficit was $128 billion; in that benefit the poor, the disabled, and States. And if this trend continues, if 2002, it was $157 billion; in 2003, $377 bil- the elderly. we continue to sleepwalk through all lion; 2004, $412 billion; and in 2005, it I would like to wrap up my remarks this, there will be serious consequences went to $427 billion. by sharing with you a paragraph from that we will be paying in short order as That does not include the money a letter that I received just today from we move forward, and this is where fis- that is borrowed from Social Security. the National Council of Churches of

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23127 Christ in the USA. It is signed by a they wanted to do all along, and that is tleman from South Carolina’s leader- number of organizations. Some of them to cut the very safety net programs on ship in blowing the whistle on these you will recognize, like the National which the victims of Katrina depend. budget follies and also showing that Baptist Convention USA, the National All you have to do is take one look at the kinds of things we have been say- Missionary Baptist Convention of this proposed reconciliation package ing all along are laid bare by Hurricane America, the Presbyterian Church, and and you will see how much they care Katrina. And the best response we can the United Methodist Church. If I may about the budget deficit. And I appre- make is to not whack at the meager read from that letter as my closing: ciate the gentleman from South Caro- budgets that these victims already de- ‘‘The role of government is to protect lina pointing this out earlier this pend on, but to get serious about get- its people and work for the common evening. This reconciliation bill would ting our fiscal house in order long good. This is not the time for the budg- not reduce the deficit; it would in- term. So I thank the gentleman for his et reconciliation process to create crease the deficit by more than $100 bil- Special Order. greater hardships for those who are al- lion over 5 years. Mr. SPRATT. Madam speaker, I ready experiencing greater suffering. This reconciliation process, we all thank the gentleman for his comments, know, was intended to facilitate the To do so is not only unjust; it is a sin. and I now yield to the gentleman from passage of deficit reduction measures. It violates all the fundamental Chris- Virginia (Mr. SCOTT). But the Republican leadership has now tian principles of loving thy neighbor, Mr. SCOTT of Virginia. Madam caring for the poor, and showing turned the process on its head and is using it to push through measures that Speaker, I thank the gentleman for mercy. As religious leaders, this viola- yielding to me, and the gentleman tion is unacceptable to us.’’ will drive us further into debt. The spending cuts called for in this bill will from North Carolina (Mr. PRICE) men- And to the gentleman from South tioned the question of whether the Carolina, I would say that this viola- do absolutely nothing to offset hurricane recovery. Let us be very clear wealthy would be sacrificing in this tion is unacceptable to me as well. budget. I just want to point out as we Mr. SPRATT. Madam Speaker, I about that. From the beginning, the $35 billion in consider how to pay for the $200 billion thank the gentleman for his comments, potential cost of Katrina that there are and I yield now to the gentleman from cuts contained in the reconciliation package were intended to partially off- two particular tax cuts that have not North Carolina (Mr. PRICE). gone into effect yet, but will go into ef- Mr. PRICE of North Carolina. Madam set not the hurricane but $107 billion in fect January 1. They are nicknamed speaker, I want to thank the gen- tax cuts included in this budget resolu- PEP and Pease, the Personal Exemp- tleman from South Carolina for taking tion. And now, if you add $15 billion, tion Phaseout and the standard deduc- out this Special Order. We are having that is not going to make up the dif- tion phaseout. And as the gentleman this discussion tonight as yet another ference. What those cuts will do is has inferred, they only help the potentially catastrophic hurricane threaten vital services that the victims wealthy. turns toward the U.S. mainland, and of Katrina are counting on to help re- once again we are not prepared. This build their lives: foods stamps, Medi- Now, we have to show a chart, be- time I am not talking about FEMA or care and Medicaid, student loans, and cause no one will believe it unless you the Department of Homeland Security; low-income energy assistance. These show a chart. This shows how that cost could all be cut, just to name a few. I am talking about being unprepared of PEP and Pease will be distributed. If What about wealthy Americans? fiscally. you make under $75,000 a year, you will They are going to get off without sacri- Our former National Economic Ad- get zero from this tax cut. If you make ficing a dime of the Bush tax cuts. viser, Gene Sperling, put it best when $75,000 to $100,000, you might get a dol- Quite the contrary. The reconciliation he said that when the congressional lar. If you make $100,000 to $200,000, you bill is going to be used to fast-track leadership all of a sudden starts asking might get $25. You can hardly see the new and extended tax cuts for those bar. Take my word for it, there is a lit- how are we going to pay for Katrina, who need them least. Maybe that is the they are asking a very narrow ques- tle bar there to show the $25 you might Republican idea of shared sacrifice. get. At $200,000 to $500,000, you get $558, tion. The question should be, How did The very notion that we should offset this country get into such a fiscal mess on average; and at $.5 million to $1 mil- the $200 billion it could cost to help lion, you get over $4,000. But if you in the first place? I tell you, the answer millions of Americans and their fami- was not Katrina, and the answer was make over $1 million, this tax cut that lies and communities get back on their has not even started yet but will start not Rita, and the answer is not going feet after a tragic disaster and not off- to be Wilma. next year, you will get about a $19,000 set the nearly $2 trillion cost for the benefit from that. These natural disasters do cost a Bush tax cuts, or the $250 billion we are To implement this tax cut, the 5-year great deal, and we are going to do what spending in Iraq and Afghanistan, well, cost is $200 billion. We wonder how to it takes to respond to the affected that reeks of hypocrisy. And it actu- pay for Katrina? How about not letting areas. But they are not the cause of our ally worsens the fiscal meltdown of the this tax cut go into effect. That would problems. What these hurricanes have last 4 years. done is lay bare this country’s trou- Why should we offset the cost of recover the entire potential cost of a bling racial and economic divides and building Biloxi, but not the cost of re- Katrina right there. But instead we are the sorry state of our disaster pre- building Baghdad? And even worse, going to ask Medicare and Medicaid, paredness. But they have also laid bare why should we make the very people possibly veterans health care, certainly the dangerous deterioration of our fis- we are claiming to help bear the lion’s student loans and school lunches, food cal health. share of the cost? I am afraid you are stamps, and those who are most in Now, in the wake of Katrina, our col- not going to find very many honest an- need, those programs that the Katrina leagues on the other side of the aisle swers from the leadership of this victims would actually be using, those seem to have gotten religion on fiscal Chamber. You are going to find some are the programs that will be cut and responsibility. Mind you, this is after deception and deficits as far as the eye not a tax cut for millionaires. they engineered an unprecedented fis- can see. I think it is disgraceful. I think our priorities are wrong, and cal reversal of some $9 trillion from Anybody who votes for that rec- I appreciate the gentleman giving us budget surpluses and paying down debt onciliation should be ashamed of them- the opportunity to bring this kind of in the Clinton administration to record selves for what they are doing to the chart to show what kind of tax cuts deficits and deepening debt under most vulnerable among us and what have not even gone into effect yet, but George W. Bush. But our Republican they are doing also to this entire coun- will go into effect beginning next year. friends are suddenly wringing their try’s future. And when we say it is a tax cut skewed hands over the deficit. They are using This is a powerful message, Madam to the wealthy, this chart shows ex- Katrina as a pretext for doing what Speaker; and I appreciate the gen- actly how that takes place.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23128 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Mr. PRICE of North Carolina. Madam deficits, we add to the debt. And while us further into debt. Look at this Speaker, if my colleague will yield for we are third worst in the Nation’s his- chart. This chart shows the small bar just a moment. tory in terms of annual deficit, we are which is the amount of spending they Mr. SPRATT. Madam speaker, I yield absolutely on unchartered ground with want to cut while the tall bar shows to the gentleman from North Carolina. the kind of debt we now have, debt ap- the depth to which the tax cuts they Mr. PRICE of North Carolina. You proaching $8 trillion. are including in this package would know, our friends over at the Center This would be I believe very alarming drive us further into deficit, further for Budget and Policy Priorities have by any measure, but a further look into the hands of more Chinese bonds asked the rather obvious question, shows who owns the debt. The debt residing in the Chinese government. where did that $9 trillion go? Remem- held by the public is increasingly We need to do something about this, ber that fiscal reversal? And the an- owned by central banks of Asian na- and it does not start with basically swer to that is that the biggest chunk tions. I have heard some Members, this window dressing on cutting many of it did go to those Bush tax cuts. A some friends of mine from the other of the programs so vital to those dis- good portion of it has gone to increased side of the aisle say look, I know that placed by the hurricane as an excuse to defense and security spending after 9/ is a scary deficit number, but we have offset hurricane relief. We need to get 11. Some of it comes from the bad econ- had, relative to the size of our economy serious about getting back to a bal- omy and the fact that we have had a which is now bigger, we have been anced budget. There are a couple of very sluggish recovery. worse than this before. I do not think ideas that I would advance in the con- b 1900 we ought to have the very worst in our cluding part of my remarks. country’s history as the benchmark First, we need to reinstate a require- But you know what is not on the list against which we compare, but how ment given the deficits that we are in is the sort of cuts that are being pro- about the very best in our Nation’s his- that we pay as we go from here. If we posed by our Republican friends in this tory. They try to excuse the scary are going to take a step that adds fur- reconciliation bill, and that is domes- state we are in by saying it has been ther to the deficit, we have to find a tic discretionary spending or for that worse in terms of real dollar terms way to offset that payment. If we spend matter domestic nondiscretionary compared to GDP. more, we have to find a way to offset so spending. It has never been this bad. We have we do not drive that deficit deeper. If The country is not going broke be- never had so much debt owned by for- we pass some tax cuts, we lose some cause we are spending too much on eigners. I am not just talking about revenue, we have to cut spending so we food stamps, and the country is not Ole and Sven and whomever else across hold that deficit in balance. going broke because we are doing too the world, I am talking about central Mr. SCOTT of Virginia. Mr. Speaker, much cancer research or having too banks controlled by central govern- if the gentleman would yield, have we many after school programs, and yet ments, especially Asia, Japan, and even ever had PAYGO? that is where the Republicans choose more by China. Mr. POMEROY. Mr. Speaker, we have to get religion on fiscal responsibility, This morning I visited with a former had these pay-as-we-go requirements, in the very areas where the blame does member of the Office of Management known as PAYGO, throughout the en- not lie. So this Hurricane Katrina exer- and Budget and asked her whether or tire 1990s, and I will tell Members what cise is just more of the same. They are not we were losing control potentially brought it about. What brought it saying that the offsets for Hurricane in the future of our monetary policy as about was divided government. Presi- Katrina are going to come from these a country, giving up essentially sov- dent Bush won, and the Democratic areas that people desperately need, ereignty of our ability to set interest controlled Congress arrived at pay-as- while leaving the main culprits in our rates in light of the level of debt owned you-go requirements to bring the budg- budget meltdown untouched. That is by foreign governments. She indicated et into balance. President Clinton, simply unacceptable. we are heading down that path. dealing with a Republican controlled Mr. SPRATT. Mr. Speaker, I yield to So anything that we talk about in Congress, had pay-as-you-go require- the gentleman from North Dakota (Mr. this Chamber that adds to the deficit, ments to get us to a balanced budget. POMEROY). increases the holdings of foreign gov- Something very, very problematic Mr. POMEROY. Mr. Speaker, I am ernments of our national debt and di- has happened under united Republican pleased to join the gentleman’s special minishes the sovereignty we have over control of the White House, the House order and participate in the discussion our own country, this is an extremely and the Senate: They blew away the with my colleagues. alarming situation and that is why I PAYGO requirements and have added We are watching something ex- was so adamant against the budget rec- to the deficit like there is no tomor- tremely unserious unfold with respect onciliation proposal being advanced in row, giving us such deep debt problems to the Nation’s balance sheet. We have Congress. with the Chinese. to understand, as we deal with the Recently we have had a new chapter Mr. SCOTT of Virginia. Mr. Speaker, budget of this country, we are dealing in the debate. Majority Members have if the gentleman would continue to not just with the matters that are pres- said my gosh, that Hurricane Katrina yield, if you have a tax cut without ently before us and will affect the up- was expensive, we have to offset every PAYGO, you do not have to pay for it; coming year, we are literally talking dollar of relief we are spending on that and what happens when you cut taxes about the future of this country. To hurricane. Look, I welcome very much and increase spending without paying the extent we do not pay our way, our some concerns about spending and defi- for it? kids pick up the difference. cits and the notion that we might off- Mr. POMEROY. What happens is you Many of us were terribly concerned set some of this stuff, but if we are get yourself into the deepest deficits when we saw the pre-Hurricane Katrina going to offset, let us look at the total you have ever had in the history of the budget forced through the House, picture. There is nothing about a Na- country, which is precisely the prob- forced through the Senate, yet to be tion’s balance sheet that treats hurri- lem. What the gentleman means is you reconciled and passed finally, but it cane debt different from other debt. So do not have to pay for it in this year’s proposed to drive the deficit deeper and if we are going to offset for Hurricane budget because your children are going in fact that was from a position where Katrina, let us offset for the war in to pay for it down the road as they re- the deficit position was the third worst Iraq, let us offset for tax cuts which de- tire the national debt. in our Nation’s history. prive the government of revenue and I would just cite a couple of other Now the difference in the deficit, and throws us further out of balance. That spending areas that might be cut, and we talk deficit around here, deficit is is not what they are talking about. it relates right back to the administra- our annual shortfall. The national debt In other words, this is window dress- tion’s handling of the hurricane. Just is what it all amounts to. When we run ing on a scheme that ultimately drives listen to this. You want to cut food

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23129 stamps, Medicaid, programs that are region. Now with the evacuation of they do not have any of that now. And going to be so vitally important to get- those from Hurricane Rita, specifically these tax cuts, taking away from giv- ting displaced people from the hurri- in west Louisiana and of course east ing them an opportunity to rebuild, cane back on their feet again, but be- Texas, we have added to our family. SBA loans, fixing the infrastructure, fore we go there let us take a look at As I looked at the distribution of which I have heard the gentleman from some of the ways the Republican ad- funds and the local needs, I was struck South Carolina (Mr. SPRATT) and the ministration has spent money for hur- by the fact that these dollars that are gentleman from Minnesota (Mr. OBER- ricane disaster relief: $1,275 per person going to be needed for recovery are not STAR) speak of eloquently, this is going for a cruise ship that costs only $599 for going to materialize. I think it is im- to be the choice being made by our an actual cruise. What kind of deal is portant for us to realize that the budg- good friends in the budget reconcili- that? Or $15,000 paid for a load of ice et that is being presented or proposed ation. that was worth $5,000; $88,000 for mobile by the majority will not save money. It They are willing to take tax cuts for classrooms that normally cause $42,000; will not address some of the very stark the top 1 percent and prioritize that $59 per hotel room per night for months realities of those who are experiencing over health care, education, Social Se- on end. the devastation of hurricanes. curity, Medicare, Medicaid, housing. And that is not all. The Federal Gov- The idea that dollars dealing with But most importantly, the most vul- ernment paid full retail for trucks, health care and the fragileness of Medi- nerable now in our Nation, not only the laptop computers, clothing and sleep- care and Medicaid, which will be made impoverished but almost 2 million peo- ing bags. Firms have been awarded con- even more fragile with this budget, the ple that are evacuated that are scat- tracts for millions without competi- argument of transferring Medicaid dol- tered across 44 States who may want to tion. Contracts have gone to construc- lars from Louisiana to Texas was a sep- come home to the gulf region are going tion companies that do not even have arate argument, but it was under the to need a little help from their friends building licenses. premise that we would have the money in the Federal Government. Hard- If we look at how this administration to take care of those on Medicaid. working taxpayers now with this budg- has administered the relief of the hur- The idea that we would be cutting et will not be able to finally support ricane to date, we are going to find all education dollars in contrast to cut- that this Federal Government can pro- kinds of places to cut spending before ting tax cuts, the idea that we would vide for them. And I hope that, as we starting after programs which are so not have enough housing, which we do look at this problem, we will be able to vitally needed like food stamps, help- not have in the State of Texas, housing find some compassion for those who are ing displaced families get the groceries to supplement the hotel rooms, all of in need. they need to feed their children. that requires a Federal infusion of an Mr. SCOTT of Virginia. Mr. Speaker, The thought that the other side of investment of dollars. That is not will the gentleman yield? the aisle would cut these programs wasteful spending. Those are not the Mr. SPRATT. I yield to the gen- while trying to ram through a budget kinds of cuts we should be having when tleman from Virginia. reconciliation package that drives up we are talking about the most vulner- Mr. SCOTT of Virginia. Mr. Speaker, the national debt because it funds able, individuals who do not have flood I believe the gentleman has some those tax cuts to the most affluent, insurance, individuals who are trying charts that he wanted to discuss about even while you leave this shameful, to go back into Louisiana and rebuild. some of the choices that we are mak- wasteful spending totally untouched, We know that the private sector will ing. this is a package of shame. be a component, but the Federal Gov- Mr. SPRATT. Mr. Speaker, these I have just learned in the course of ernment, because of the major devasta- charts were compiled by the gentleman our hour that the budget reconciliation tion, will have to help rebuild the from Illinois (Mr. EMANUEL), and basi- amendment will not be brought to the States of Louisiana, Mississippi and cally what he is trying to show here is floor tomorrow. Apparently the dis- elsewhere. But, this is what we have in- that we have a robust program of re- array on the majority side found them tended to do with our dollars, and I building and restoration ongoing in short of votes to bring it up tonight. If thank the gentleman from Virginia Iraq to the extent they can maintain something fundamentally does not add (Mr. SCOTT) on the Committee on the anything there in the midst of that in- up, I would hope, and it is high time, Budget because he has talked about surgency. there is a debate within the majority this over and over again. That is that For example, in terms of infrastruc- conference about it. We need to get se- we will have two tax cuts that our good ture, we have rehabilitated the Sweet- rious about controlling the spending. friends, in this instance my good water Canal System, including repairs We need to get serious about control- friend, Mr. Pease, has offered that will to the levees on the Tigris and Euphra- ling the deficits. We need to get back take effect next year, and over a 5-year tes. On the other hand, we have cut on a path that brings us to fiscal san- period will cost us $2 billion. $336 million from the Army Corps of ity. We have discussed this many times, Engineers, including funding for the Mr. SPRATT. Mr. Speaker, I thank and some people believe this is a frivo- levees on the Mississippi. We have re- the gentleman for his statement, and I lous discussion. Why are the Demo- built the Iraqi republican railway line. yield to the gentlewoman from Texas crats talking about not wanting tax But in the United States there have (Ms. JACKSON-LEE). cuts? been $2.5 billion in cuts in Amtrak, and Ms. JACKSON-LEE of Texas. Mr. the high-speed rail funding program Speaker, I cannot thank the gentleman b 1915 has been eliminated. Community devel- from South Carolina (Mr. SPRATT) We are talking about investment, opment, 3,120 community action enough for what I think is vital to the and what we are suggesting is that projects completed in Iraq; $320 million discussion on the proposed debate on these tax cuts are misplaced. They cut from community services block the budget reconciliation. The reason I have nothing to do with increasing the grants in the United States. say that is because, and both of us have minimum wage, which might be some- $470 million for the construction of had experiences with hurricanes, but I thing we would want to consider. It has housing and public buildings and civic have now been in a region for the last nothing to do with strengthening the centers for Iraqi citizens; in this coun- 2 months, or more, with the impact of middle class. And even as we looked at try $250 million has been cut from com- Hurricane Katrina and now certainly poverty in Hurricane Katrina, let me munity development block grants; and Hurricane Rita. You know that Texas tell the Members there are middle- the President’s budget cuts for public was not in the eye of the storm of Hur- class working families that have been housing, the capital fund, have been ricane Katrina but experienced an infu- totally devastated. They are in our cut by 10 percent even though it is now sion of almost a quarter of a million city. They had businesses. They had in- already deficient to meet the needs of persons who were evacuated from that comes. They had homes. Mr. Speaker, the program.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23130 CONGRESSIONAL RECORD—HOUSE October 19, 2005 This chart shows the same thing. In is a strong indication that this budget ‘‘That, however, would have meant Iraq, 110 primary health care centers plan was a bad plan for America and less money for defense contractors and built or renovated. In this country $10 that it was, in fact, going to be used as the highway industry and other con- billion has been cut or is being pro- a method of basically hurting the poor tributors to congressional Republicans’ posed to being cut from Medicaid. and might have had a direct impact on campaigns. GOP committee chairmen I could go down the list, but the ex- those hurricane victims. made that point so forcefully that the ample is stark. We are not saying this But it does not mean that the Repub- idea was scrapped. should not be done in Iraq. We have got lican leadership is not going to try to ‘‘The beauty of taking the cuts out of to help get that country back on its bring it up again next week when we Medicaid and student loan programs, feet, and the sooner we can get out, the come back. And the problem is that it by happy contrast, is that it does not better. But in the meantime, we need just is not fair, it really is not fair. It reduce the flow of funds to the Repub- to stabilize the country, and this is is un-American, in my opinion, to say lican campaign committees by a single part of it, part of the economic recon- that we are going to try to pass this dime. struction. But it stands in stark con- budget reconciliation by making cuts ‘‘Even before the right-wing House trast to what we are willing to do in in the very programs that impact the leadership capitulated to the even fur- this country for infrastructure that we people who suffered during the hurri- ther right-wing House rank and file, all acknowledge we need and see we cane. the government’s response to Katrina need in a case like New Orleans when The Republicans are claiming that already appeared to be driven more by the levees break. their budget reconciliation bill is fis- laissez-faire ideology than by need or Ms. JACKSON-LEE of Texas. Mr. cally responsible and will cut the def- common sense. The administration has Speaker, will the gentleman yield? icit. But, obviously, we could tell from opposed efforts by Senate Finance Mr. SPRATT. I yield to the gentle- the last Special Order that is simply Committee Chairman CHARLES GRASS- woman from Texas. not true. The budget actually raises LEY to extend Medicaid coverage to Ms. JACKSON-LEE of Texas. Mr. the deficit, gives more tax breaks to those Katrina survivors who lost their Speaker, I want to say one sentence to the wealthiest, and makes matters jobs and health insurance in the flood. that because what he just highlighted worse, obviously, for the victims of And by suspending the requirements of are two-pronged: one, we have to take Katrina. the Davis-Bacon Act that construction Essentially, this is a way of trying to care of all America, including those workers on federally funded recon- build in, if you will, the Republican tax not so impacted by hurricanes Katrina struction efforts be paid the prevailing breaks that primarily go to the and Rita, all of the folks who are vul- wage, President Bush has ensured that wealthy, to the special interests, to nerable no matter what their station in much of that work will be done by ille- corporate interests that the Repub- life; hurricanes Katrina and Rita sur- gal immigrants, as one New York licans would try to pass further down vivors but also the Americans who are Times report on the Mexican workers the road this year. And it is amazing to hard-working taxpayers. This budget rebuilding Gulfport, Mississippi made me, Mr. Speaker, that it only took Re- that they are putting before us does abundantly clear.’’ publicans 6 weeks to forget the images not do any of those. The article goes on, Mr. Speaker; but of Hurricane Katrina. They are once Mr. SPRATT. Mr. Speaker, reclaim- the bottom line is, and this is what again putting the priorities of the ing my time, I made the point earlier Meyerson says at the end: ‘‘The same wealthiest few ahead of the working- Republican zealots who demand fiscal that the cost of catastrophes like class Americans. It is now clear that responsibility by cutting $50 billion for Katrina and Rita should be spread over the Republicans learned absolutely the indigent sick are now also demand- the whole country, the whole popu- nothing from Hurricane Katrina. lation, but spread equitably. And it is I could go on myself, but I have to ing a new $70 billion in tax cuts, in- not right to saddle that heavy burden say that my ideas and my concerns cluding the permanent repeal of the es- on those least able to bear. with this budget bill were very much tate tax, that would chiefly benefit the I thank our participants for their set forth in a Washington Post article rich.’’ participation. or op ed that appeared today by Harold So Meyerson basically explains, and I f Meyerson called ‘‘Gunning for the think it is abundantly clear, the Re- publicans are not trying to make these THE BUDGET RECONCILIATION Poor.’’ And I am not going to read the whole thing, Mr. Speaker, or put it in cuts in programs for the indigent that The SPEAKER pro tempore (Mr. would essentially help the hurricane the RECORD, but I wanted to highlight REICHERT). Under the Speaker’s an- some of the things that Harold victims because they want to balance nounced policy of January 4, 2005, the Meyerson said because it basically says the budget. Because, no, the deficit is gentleman from New Jersey (Mr. PAL- in probably better language what I just still going to be huge. They are basi- LONE) is recognized for 60 minutes. indicated and how I feel. cally doing it because they want to Mr. PALLONE. Mr. Speaker, 6 weeks And Harold Meyerson said in this op build into the budget the opportunity ago all Americans saw the human face ed today in the Washington Post: to come back with permanent tax cuts of poverty in the aftermath of Hurri- ‘‘Congress is back in session and it’s for the wealthy, for the corporate in- cane Katrina. President Bush vowed gunning for the American poor. terests; and this is their way of cutting that after the botched Federal response ‘‘A revolt of House conservatives has programs that essentially are crucial to the hurricane that the Federal Gov- persuaded that body’s Republican lead- for the hurricane victims in order to ernment would do everything it could ership to offset the increased Federal accomplish that. to help those displaced in the gulf and spending going to rebuild the Hurri- And the amazing thing to me, Mr. to finally address the issue of poverty. cane Katrina-devastated gulf coast by Speaker, is that we heard President Six weeks later, the House Republican reductions in Medicaid, food stamps, Bush just a few days or a week or so majority is already forgetting about and other programs for the indigent. If after the hurricane struck say that the America’s most vulnerable. This week, things go according to plan, this week hurricane showed that there were a lot Republicans had planned to cut Med- the House will begin to cut $50 billion of poor people, a lot of people that were icaid, higher education, food stamps, from those efforts. unemployed, a lot of people that did and possibly the earned income tax ‘‘The emerging Republican response not have basic necessities; and rather credit in order to achieve budget rec- to Katrina, apparently, is to comfort than trying to help them in some way onciliation. the drenched poor and afflict the dry. by extending Medicaid benefits to them We heard today that the budget rec- ‘‘For a moment last week, it looked so that if they lost their health insur- onciliation has been postponed. We are as though the Republicans were going ance, they will still have some health not going to vote on it tomorrow, and to enact across-the-board spending insurance, or rather than giving them that is certainly good news. I think it cuts. an opportunity to have a job so that

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It is called, ‘‘Faking the companies that got contracts in Hurri- out of any kind of help that those hur- Katrina Inquiry,’’ and it says: As the cane Katrina to make the taxpayer vic- ricane victims would receive and basi- Nation reels from Rita’s devastation tims all over again. cally saying we do not care about along the Gulf Coast, any hope for a Now folks over there want to get reli- them; all we care about is giving tax thorough investigation of govern- gion about being fiscal conservatives, cuts to the very wealthy. ment’s gross mismanagement of saying we are going to find some, what, I think it is scandalous, frankly, and Katrina is quietly ebbing away behind $55 million or whatever the figure is, it is another reason why we need an the political levees of Washington. The off the backs of poor people. So I think independent investigation of what hap- White House and the Republican-con- it is important that we talk about this. pened with Hurricane Katrina. trolled Congress, resisting popular sup- I think that I just want to do this A number of my colleagues and I port for an independent, nonpartisan again. Maybe the folks over here on the have been coming down here for the commission, remain determined to run other side forgot about this. Maybe last few nights as well as before the self-serving, bogus investigations. they forgot about this community. congressional break that we had last There is no way to whitewash a hurri- This is the before picture of the Cat- week and have been saying, and so cane. The government dominated by egory 3 levee, and this is the after pic- have the media been saying, that a bi- one party should be disqualified from ture. Maybe they forgot about those partisan Katrina investigation is need- investigating itself. Just as President Americans that lost their homes. All ed because the Washington Repub- Bush repeatedly fought the creation of under this we are going to be fiscal licans, the ones who have set up their the 9/11 Commission till public pressure conservative. Maybe they forgot about own committee or investigation on a forced him to yield, so should the pub- this lady here with her children, finally partisan basis, are the same people who lic now demand that the administra- getting out from the water after 4 days are responsible for the problems that tion and Congress get real about right here in New Orleans. She is car- we faced in the aftermath of Hurricane Katrina.’’ rying her kids out when 30,000 people Katrina. In other words, the Bush ad- I feel even more strongly about this were trapped there. Maybe we forgot ministration botched what happened in in the light of this budget reconcili- about that. Maybe we forgot about the aftermath of the hurricane. And ation bill that we understand now has these folks here that had to improvise they continue to do things that are pri- been postponed because the Repub- and find their way back to safety, and marily for special interests, for the licans do not have the votes. Thank these kids stroking here on the refrig- people who contribute to their cam- God they do not have the votes, and erator with a board, maybe they forgot paign coffers, without worrying about hopefully, they will never have the about that. Maybe they forgot about the people, the victims, that are suf- vote for this scandal. this, too. fering in New Orleans and other cities I would yield now to my colleague Let me just say that I want to make along the gulf. the gentleman from Florida (Mr. MEEK) sure we do not get confused on the rea- So why in the world would we let who has been here practically every son why we are having this debate in these Washington Republicans who night making this point. the first place. This is all about helping control the White House, control the Mr. MEEK of Florida. Mr. Speaker, I Americans and making sure that local Senate, control the House investigate can tell the gentleman from New Jer- government and the Federal Govern- themselves? It makes no sense. sey (Mr. PALLONE) I am just so glad to ment is able to respond in a way that The only way that we are going to be here with you tonight, and I know it is supposed to respond, appro- get a true analysis of what is really that the gentleman from South Caro- priately, to taxpayers when this hap- happening in the aftermath of Katrina, lina (Mr. SPRATT) was here a little ear- pens. including what was discussed today in lier, our good friend from South Caro- Now we are going to make the coun- terms of the unwillingness of the Re- lina and the ranking member on the try pay even more of the 67 percent cut publicans to help the victims in the Committee on the Budget, to point out that took place under regular order aftermath of the hurricane, is by hav- some of the variations you have been under the last budget that the major- ing a bipartisan commission so that talking about now. ity held the clock on once again, open Democrats and Republicans are both I can tell you also that I was con- a little bit longer, the Republicans on involved in the investigation, both can cerned. I think it takes more than a the majority side did, and now we are look at what is happening and not have press conference that the majority did going to go back on top of the 69 per- this fake Katrina inquiry that would today down in the basement of the Cap- cent, and the goal is to do an addi- just essentially be a whitewash, if you itol here saying we are fiscal conserv- tional 50 percent cut, okay, 50 percent will, for what happened in the after- atives. All of the sudden, after all of more going into cutting these pro- math of the hurricane. this time, after all of this borrow and grams like Medicaid and Medicare and I notice that I am being joined now spend money, no one said a mumbling free and reduced lunch for children. by some of my colleagues who have word. Now we have Americans that are What was so disturbing and I think been here every night making this displaced, Americans that are looking the Members should be aware of, I point; but we are particularly upset for assistance from its government, watched this on C–SPAN. It was down with the fact that, in addition to not Americans that are still in shelters, in the basement. There were about six having this bipartisan investigation, and now we want to be fiscal conserv- Members, the temporary majority this bipartisan commission, we now atives. We want to all of the sudden leader and all of that stuff. They were face a situation where the Republicans say, oh, well, you know, the American down there talking, beating chests and want to bring up a budget plan that ac- people know the Republican majority all. tually is going to cut the very pro- here in the House, that we are fiscal In closing my opening statement, I grams that these hurricane victims conservatives. am so happy that there is a God, and I need. Let me just say something. The am also happy that there are some budget does not reflect the highest def- folks in this Congress that are willing b 1930 icit in the history of the republic or to put the pressure on the majority I would like to point out the other one of the highest. Definitely when it side on this issue. night I read a part of an editorial in comes down to the war in Iraq, there is As you know, today we were supposed the New York Times which I think no real accountability as it relates to to do some voting on this, on the budg- says it all about this fake Katrina in- corporate greed and corruption and et, and tomorrow we were supposed to

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Ohio, my colleague from Florida and cause it was the wrong thing to do on Of all the programs we have, not one New Jersey, and now another Member the backs of the wrong people. program is going to be cut in which a from Florida has joined us, I thank you You do not go to a family saying we special interest would be hurt. What a for allowing me to be a part of this are here to help you, but first of all we shame. What a sham. It is a joke that team tonight and to speak on these are going to take back at least $1,000 of we are going to ask Medicaid recipi- issues. the services that you had coming to ents, Head Start, free and reduced Mr. RYAN of Ohio. Mr. Speaker, let you due to the fact that Federal-man- lunch, college loans. Those people are me just say that it is great to have you dated law, as it relates to health care, going to take the brunt of the hit to here, and I think it shows that it does we are going to take it back from you. pay for a natural disaster. not matter whether I am a red State, Matter of fact, take that cookie out of I heard a columnist today say we are Florida’s a red State, Oklahoma unfor- the kid’s mouth. Did he get that in the going to take from the dry poor and tunately is a red State. You are the free and reduced lunch program? Take give to the wet poor, and is that not only blue Stater here, but I think what it back from him because we are going something? the gentleman from Oklahoma (Mr. to cut that, too. Mr. BOREN. Mr. Speaker, will the BOREN) brings here is that there is this What they did that I think is impor- gentleman yield? idea that we are trying to promote the tant and I think the Members in their Mr. PALLONE. I yield to the gen- Democratic agenda. This is about offices that are watching now needs to tleman from Oklahoma. America. This is not a partisan issue. know, what they did, they said, well, Mr. BOREN. Mr. Speaker, the last I mean, help us out here. The kid who we are definitely not going to deal with few nights I have been watching this is getting Head Start or the kid that the billionaires. We are having this 30-Something crowd up speaking at wants to go to college or the parents press conference to send a code to let night, and it really inspired me to that are trying to pay for the school or them know that you are safe. come down to the floor. whatever it may be, this is not a red I want to make it clear we have a Re- This is my first Special Order as a State-blue State issue. I think the 30 publican majority here in the House, freshman Member of Congress. I hail Something Group is all about talking and it has been that way for 10 years. from the great State of Oklahoma, and about what is best for the United We have a Republican majority over in this is very, very important. I think States of America, and that means the Senate and definitely a Republican the American people need to know making sure that those people in your White House. So anyone that would about what is going on here in Wash- district have an opportunity to go to come and say anything publicly on this ington, D.C. It is hurting my district. college, that they have a healthy start. floor about, oh, the Democrats are It is hurting all of us. I think we have talked about that, stopping us from governing in a com- I want to talk about some of these and that is not a partisan issue. This is passionate way, that is not true. programs that you are talking about about what is doing what is best for the Mr. RYAN of Ohio. Mr. Speaker, will that affect everyone from Broken country. the gentleman yield? Arrow and Idabel, if you are listening Ms. WASSERMAN SCHULTZ. Mr. Mr. PALLONE. I yield to the gen- tonight; to Muskogee, Oklahoma; to Speaker, will the gentleman yield? tleman from Ohio. Miami, Oklahoma; to Durant. Let us Mr. PALLONE. I yield to the gentle- Mr. RYAN of Ohio. I appreciate that. talk about the community health cen- woman from Florida. That is the distinction that we need to ters that the funding has been slashed. make here. The Republican Party con- The President’s budget asked for a 64 b 1945 trols all the levels of government, the percent reduction. We talk about Med- Ms. WASSERMAN SCHULTZ. Mr. committees, the House, the Senate, the icaid and the COPS program. We have Speaker, I thank the gentleman from White House. What they say goes. We talked about economic development in Ohio. I feel a little odd over here. But, are an opposition party at this point, the rural part of America that is being Mr. Speaker, if more of the people on and they are the governing party. They cut. Even Start, which you talked this side of the chamber thought like are taking the country off the cliff is about earlier tonight, is very, very imme, then we would be improving things basically what is happening here. portant. Head Start funding, TRIO and really significantly here. So I think The point I want to make to my Gear Up are so important. maybe if I stand here long enough, friends in the 30-Something Group and Let me tell you, in my district we maybe the philosophical brain waves to the Members who are watching and have a lot of young people and their will travel over here. the American people is this. When this families. No one’s been to college, and It is wonderful to have our colleague body was originally trying to figure these programs are vital for creating from Ohio join us in the 30-Something out a way to pay for Katrina, all those jobs in a district like mine. Because of group. We have been trying to encour- pictures that you show, when they some kind of offset for, as you said, a age our fellow 30-Something Members were originally trying to figure out a billionaire or someone else like that, to join us down here to talk about the way to pay for this, you know what people in my district are getting cut, things that resonate universally across came up? Across-the-board cuts in all people in Oklahoma. this country. The gentleman is abso- programs, 2 percent, in order to pay for I am one of the more conservative lutely right, both gentlemen are. It this, across the board. Then, when the Members of our caucus. I come from a does not matter whether you are in extreme right wing Republicans in the red State. I am the only Democrat in New Jersey, Ohio, Oklahoma, Florida, caucus came over and those corporate our delegation. The President carried Idaho, California, the things that we interests here in Washington, D.C., my district with 59 percent of the vote, talk about on this floor during our came over to the Hill and they started but I want to tell you, this resonates hour are resonating and run deep in exerting their influence here, it with all Americans, both Democrats terms of their impact on Americans, changed because we cannot cut pro- and Republicans. whether you are from the right wing of grams that the big-time lobbyists We are running up a huge national the spectrum or the left wing of the want. That would be wrong in Wash- debt. We are paying interest payments, spectrum. ington, D.C. and it gets larger and larger every day. Let us take the cost of college. Obvi- Notice what is being cut, notice. As we pay those interest payments, it ously, people in our generation, wheth- Look at the list: Medicaid, Head Start, squeezes out all those programs that er they are raising children that are

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23133 about to go to college, or whether they, Mr. BOREN. Mr. Speaker, that build- with child care, more money for child in the case of people who are maybe ing block that we talk about, edu- care. We have a study that says you closer to the ages of the gentleman cation, being ready for the work force need about $8 billion for these people to from Oklahoma (Mr. BOREN) and the is very, very important. Let us talk have adequate child care so they will gentleman from Ohio (Mr. RYAN), who about going into the work force. This actually get off the welfare rolls and are closer to having been in college Republican Congress has talked about get to work. That got shot down. than perhaps the gentleman from Flor- creating jobs, has talked about growing Mr. MEEK of Florida. Mr. Speaker, if ida (Mr. MEEK) and I are, the rising the economy and, at the same time, the gentleman will yield, we need to costs of college are just really getting they are cutting programs that are clarify who we are and they are. out of control. The gentleman from very vital to creating jobs. Let me talk Mr. RYAN of Ohio. I appreciate that. Florida (Mr. MEEK) and I just turned 39 about them right now. I thank the gentleman. I thank the a couple of weeks ago, so we are in our The small business 7(a) loan program gentleman. The Republicans on the last year of eligibility here. So listen, I is very important to my constituents. committee who have a majority of the am a woman, and I am acknowledging These loans are the most basic and folks on the committee shot all of that. most used types of loans of SBA’s busi- those democratic amendments down. But there was an article in my paper ness loan programs. Under this budget, The Democrats offered to have a living today in the South Florida Sun Sen- for the second year in a row, the budg- wage. The Democrats offered to in- tinel that talked about the cost of col- et eliminates appropriations for small crease money for child care so that you lege having risen by one-third over the business 7(a) loans and proposes to run can go out into the work force and con- last 5 years. One-third. Parents have the program solely through fee in- tribute to the economy and pay taxes. been preparing every year for yet an- creases, substantially raising the costs Now, our friend from Oklahoma says, other hit in their pocketbook. The av- for small business and lenders. well, even the program where low-in- erage college costs today at a private We talk about these rural commu- come people want to strike out on college are $21,000, and almost $5,500 at nities again. They get out of college their own and they want to start their a public university. It does not matter like at Southeastern in Durant or they own business, that program is getting whether you are in a red State or a are at NSU in Kulaqua, they have that cut. blue State, and I am going to claim degree, they are going for that seed What do you propose these people do? Florida as a purple State. We are 50–50 capital. They want to start a new busi- Is there an answer on that side? They right down the line when it comes to ness. We have always been the party of are talking about this long and distin- those elections, so I am not willing to small business. We have always been guished record of helping people. How? cede that we are a red State just yet. the party of Main Street, going out and What do you mean? The poverty rate is We cannot have our college students striking out on your own. This budget going up, wages are stagnant, and it is face the double-digit tuition increases slashes those programs. harder to get into school, and tuition that have been rained down upon them, Another thing, SBA business infor- has doubled. coupled with the deep financial aid mation centers, joint ventures between Mr. PALLONE. Mr. Speaker, if the cuts that have been proposed. That is the U.S. Small Business Administra- gentleman will yield, the gentleman what is coming out of this Congress tion and private partners, they provide from Ohio is absolutely correct. I want right now. the latest in high-tech hardware, soft- to go back to what he said before, be- One of the things that we mentioned ware, and telecommunications to help cause we are talking about all of these last night was that while we are very start-up and expanding businesses. terrible things that the Republicans critical of the actions that are being They also offer a wide array of coun- are doing and are proposing to do, and proposed here by this Republican lead- seling services. Under this budget, that I am sure a lot of the people say, well, ership, we do have our own set of plans, program is eliminated. why would they do those awful things. particularly in terms of how we would One more. Micro loan program. This I think it is important for us to go approach higher education and making program provides very small loans to back to what the gentleman from Ohio college less expensive. start-ups and targets mainly low-in- said before, which is why is this hap- We would make college more afford- come entrepreneurs. In 2003, this vital pening? able in several ways. Our proposal program provided $26.5 million in loans I mean, obviously, it is not hap- would guarantee a $500 boost to the and an additional $15 million in tech- pening because they want to reduce the maximum Pell grant scholarship. We nical assistance. The micro loan pro- deficit, because my understanding is would give students the choice between gram enables individuals to become that this budget that they were going either a fixed or a variable interest self-sufficient while creating jobs and to bring up tomorrow, this budget reso- rate when they consolidate their stu- contributing to economic development lution actually increases the deficit by dent loans, and we would do so without in local communities. more than $100 billion, so it is not for raising costs for students. We would Under this budget, every single dollar deficit reduction. Any spending cuts, in keep Congress’s promise that was made is eliminated. Think about that. We my opinion, are being used primarily in 2002 on the Republican watch, which are talking about growing the econ- for 2 things. One is because they want still has not been fulfilled, to lower the omy, we are talking about creating to offset the tax cuts; again, these are interest rate cap on student loans at 6.8 jobs. Right now, we are creating infla- tax cuts primarily for the wealthy, for percent. The Republican bill reverses tion, because we have such high energy the special interests that are coming that bipartisan agreement and raises costs. down the road. student interest rate caps to 8.25 per- Mr. RYAN of Ohio. That one program The other thing that I think we need cent. was for low-income folks? to point out, and that is why I asked We absolutely have to do not just Mr. BOREN. Absolutely. the previous Democrats from the pre- right by our students, but we have to Mr. RYAN of Ohio. This is almost vious Special Order to leave this chart at least do what we say we are going to hysterical, in a bad sense hysterical. up. Also what is happening here is that do. You cannot just talk about low- We were in the Committee on Edu- the Republicans want to continue to ering the cost and expanding access to cation and the Workforce today mark- pay for these infrastructure and other higher education; you actually have to ing up the TANF bill. We offered an improvements in Iraq. Now, I am not follow up with action on it. And this amendment to raise the minimum saying that it is bad to do all of this re- Republican Congress and their leader- wage to a living wage. Shot down. We construction work in Iraq. I mean, I ship has been dropping themselves into offered an amendment that we wanted strongly believe that it needs to be a full-scale reversal and literally clos- to give more money for people who looked at, because a lot of times it is ing off access do higher education to were going from welfare to work, we going to Halliburton and other compa- Americans across this country. were going to step in and provide them nies that are skimming the money and

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23134 CONGRESSIONAL RECORD—HOUSE October 19, 2005 not necessarily delivering the services. people that the rest of my colleagues district in eastern Oklahoma who do But I think it is very interesting to see probably do not even remember, and not have the funding to make sure that that almost every one of the programs that is your father, who was the Sen- they can talk on these radios. that were mentioned here tonight by ator; Brad Carson, your predecessor; I can tell you a perfect example. Greg each of my colleagues, well, to the ex- Mike Synar. Oklahoma always had Walters, if you are listening tonight, tent it is being cut in the United conservative populace, I guess I call he is a first responder in Sequoyah States, it is being done in Iraq. I just them, who were conservative but, at County, somebody I talk to every day, do not think that is fair. the same time, understood the needs of talks to me about his fire trucks. The I want to just read this again briefly, the people. So I am very pleased that Nicut Fire Department, they are hav- because it is just amazing to me. you are with us here tonight. ing trouble getting funding for their Again, this comes from the gentleman Mr. BOREN. Mr. Speaker, if the gen- trucks, they are having problems get- from Illinois (Mr. EMANUEL), our demo- tleman will yield, I want to add one ting funding for their radios. If there is cratic colleagues: health care, because more person to that list, and that was a fire or something that happens, and the gentleman from Oklahoma men- my grandfather, who served in this terrorist attacks can happen anywhere, tioned the community health pro- body from 1937 until 1947 and actually they happened in my home State of grams. Health care in America, $10 bil- represented the southern portion of my Oklahoma. It is not just in the urban lion in medicaid cuts through rec- district. So we share a bond that we areas. We have got to be prepared. onciliation, $252 million in cuts for both serve in the House. Dad was in the Again, we have got to refocus our pri- health care professionals, $94 million in other chamber. orities. cuts to community health care centers But I talked a little bit about pro- Ms. WASSERMAN SCHULTZ. The that the gentleman from Oklahoma grams that are traditionally Repub- gentleman just mentioned that if we mentioned. In Iraq, 110 primary health lican programs, like what you would are going to make sure that we are care centers built and renovated, 2,000 think of as economic development, cre- ready for the next natural disaster, health care professionals trained, 3.2 ating jobs, these are really programs often when you talk about events like million children vaccinated. We are that I believe that Democrats support epic proportions like natural disasters, spending the money in Iraq rather than more than Republicans. Another one you think of them in terms of their here. that Republicans try to talk about that rarity. Since myself and Mr. MEEK are Education, the gentleman from Flor- they have the upper hand on is law en- both from Florida, and in the next 2 ida talked about education. The Repub- forcement programs. Let me just give a days we will face what is no longer con- lican budget cuts in the United States, few statistics about law enforcement. sidered a rarity in our State in the $9 billion in cuts to student loans The COPS program, a very, very suc- name of Hurricane Wilma that has now through reconciliation, $806 million in cessful program. It stands for the Com- reached the point in history that it is cuts to No Child Left Behind. In Iraq, munity-Oriented Policing Services pro- the strongest storm on record with the 2,717 schools rehabilitated, 36,000 teach- gram. It provides grants to help com- lowest barometric pressure ever to be ers and administrators trained. I am munities hire, train, and retain police recorded in the Atlantic Basin and is not going to go through the whole officers and improve law enforcement expected to make landfall in our home thing because it was gone through be- technologies. Under this budget, it is State, possibly crossing over either fore and I do not want to repeat it. slashed by $477 million or 96 percent. mine or Mr. MEEK’s district over the But I will just never forget, within a Another program which is very vital weekend. couple of months after the invasion of to my district is the firefighter grants One of the things that we have been Iraq, a couple of my Republican col- program. It affects all of our commu- emphasizing over the last several days leagues came down here one night on nities I know that are here in this and weeks is that the confidence of the the Floor and they had just come back chamber tonight. This program pro- American people in their government from Iraq and it was the first day of vides local firefighters with everything has been badly shaken. The gentleman school and they had all of the books from trucks and equipment to the abil- from Oklahoma mentioned that we are and the pencils and the papers that ity to pay salaries for trained profes- not sure how people are expected to be were being provided to the students in sional firefighters, despite the fact that able to have that confidence restored Iraq. I had just come back from New police departments nationwide do not and know that the next natural dis- Jersey and was hearing complaints have the protective gear to safely se- aster, or man-made disaster for that from the schools about how they did cure a site after the detonation of a matter, that their government is going not have pencils and paper and sup- weapon of mass destruction, and fire to be prepared both in terms of getting plies. There is nothing wrong with departments have only enough radios them ready to deal with that disaster helping the people in Iraq, I am not for half of the firefighters on a shift. or in the aftermath of that disaster. trying to take away from them. But for If you look at the results of Katrina them to say to us that we have to cut b 2000 and the aftermath of Katrina, certainly similar type programs for people who Under the Republican budget it has their confidence was not restored. If are really in need, including the hurri- slashed the fire fighter grant program you look at the revelations that have cane victims, it is just not right. An by $215 million or 30 percent. come from the independent 9/11 Com- the reason they are doing it is because We talk a lot about Homeland Secu- mission’s Report, and now yet another they do not want to cut the programs rity. I am on the Armed Services Com- report is about to come out from the for their special interest friends and, at mittee in this body. We talk a lot independent 9/11 Commission that the same time, I believe they are try- about Homeland Security, we talk through their private educational foun- ing to build in money that they can use about being prepared for the next dation they are about to release a re- for these additional tax cuts that pri- threat. Obviously with Katrina, that is port that blasts the FBI for not imple- marily benefit the wealthy. a new threat that most of us probably menting much of their recommenda- I just want to also say, again, I am did not even think about just a few tions. showing my age here because I know months ago. How are we going to be When is this administration, this Re- this is the 30-Something club, but I am prepared for the next disaster if we are publican administration and the lead- going to digress for one minute. I am cutting programs like these? ership here going to listen to the prior- so pleased that the gentleman from A budget here in Washington, when ities of the American people and make Oklahoma joined us tonight. I followed we craft a budget it is a statement of sure that, in terms of disaster pre- his election last year and I was so our priorities, and unfortunately the paredness, whether it is man-made or happy that he won, because we cer- priorities of some Members in this natural, that we not add insult to in- tainly need Democrats in Oklahoma. I Chamber have been for those who have, jury in the aftermath of those disasters know you are in a long tradition of and have left those in areas like my by cutting services and badly needed

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They are not saving are they going to make sure that they what is going on. anything because they are going to have adequate preparation to deal with So I think it is important, need it be drive people, as the gentleman says, he those, the aftermath of those disasters? if someone has a bus pass in their hand, is talking about methamphetamine, Right now we have not seen anything they carpool to work, they have to go they are going to create a situation other than the development of a par- out and do certain things in their car where the problem is going to even get tisan committee in this institution to before they turn it over because they worse and it is going to cost us more in supposedly investigate what happened. cannot afford to buy a new car. I have the long run because the people that Well, if you cannot even know that the been there before, I put my hand up. are impacted are going to get sick. FBI and that the administration is Those that are running around here I was thinking of the gentleman’s going to respond to the report that was know that they can only put $20 in dad again, and I do not want to keep issued from the independent 9/11 Com- their tanks and some of them have to bringing it up. But one of the things mission, then certainly we would have shut their car off at certain times be- that the Republicans are talking about little to no confidence that anything is cause they know they just cannot doing, this $10 billion in Medicaid cuts going to come from a partisan inves- spend that money because they do not through reconciliation, the gentleman tigation like the one that is going on have it. These are individuals that we from Oklahoma pointed out that we here. are standing for. These are the individ- are not just talking about poor people Mr. MEEK of Florida. Mr. Speaker, I uals that we are leading on their be- and indigent people here, we are talk- just want to tell my colleague from half. ing about working people. Maybe you Oklahoma that he is supposed to do ex- So it is important that we put these call them the working poor or middle actly what he is doing. We are doing things out there. It is important that class, I do not know what the word is, exactly what we are supposed to be we come to this floor, and not let lower middle class. The Medicaid cuts doing, and that is represent our con- Democrats in the House or America that the Republicans are talking about stituents. That is why we are up here. know what is going on, to let Ameri- mostly impact senior citizens who go We are not up here to be friends, bud- cans know what is going on. But this to nursing homes, because what they dies, and pals. We are here to make stuff does not just happen. It happens are proposing to do is to make it more sure that folks who woke up early one because we want them engaged, we difficult for the spouse who is left be- morning, whether they be Democrat, want Members engaged in representing hind to keep their home or to keep Republican, Independent, no party af- their constituents. their car. They want to make the filiation whatsoever, an individual that Mr. BOREN. Mr. Speaker, I will just guidelines so that they take the money was in a nursing home could not make give my colleagues an example in my from those very people in order for it, did not have an absentee ballot, district. We have a terrible problem them to be able to continue to stay in they deserve our representation. And with methamphetamine. It is hap- a nursing home. the reason why this bill did not come pening everywhere, it is not just hap- And I remember, I was thinking up and hopefully will not come up in pening in rural areas, it is happening in again about the gentleman’s dad, be- the form that it is in now, and some urban areas. We have places in Le cause one of the things that he did was folks ask what do Democrats do in the Flore County in Oklahoma where lit- the so-called Boren Amendment. I do minority? What do you do because you erally this is infiltrating not based on not even know if my colleague remem- do not have the ability, not we do not socioeconomics, the rich and the poor, bers that, but that was the one that have the physical ability or the mental it is affecting everyone. And one of the said that the nursing homes had the ability to do it, but by rule we cannot only tools that we have to fight this ability to seek redress if the Federal bring certain things to the floor. We scourge of methamphetamine is the Government was not providing enough cannot agenda bills here on the floor. Byrne Grant Program. Under this funding for nursing home care, because There are a lot of things that we can- budget, it was slashed. Once again, what happened is that the quality of not do because we are in the minority. when we have the tools, we have the that care decreased and people became But what we can do is propose. necessary tools, it is taken away. sicker, and so he wanted to have some Now, this very bad budget amend- And I can think of the district attor- enforcement mechanism to make sure ment that is coming up that is going to neys and the drug task forces in my that the quality of care in the nursing cut the opportunity for families who district that I have met with, the first homes was still good. When the Repub- want to work to be able to have child responders who say, damn, we des- licans came in, they wanted to repeal care and to be able to, like the gen- perately need it. We need it in places that, of course, and they did repeal it tleman from Ohio, provide for their like Heavener. And we are saying to ultimately. families. And so I think it is important them, no, we cannot do it because we So these cuts, they directly impact that we realize that this is not a par- are going to spend it somewhere else. I people, not just indigent people. I am tisan conversation. The only thing par- just wanted to give that example. not saying we should not be worried tisan about it is the fact that the ma- Mr. PALLONE. I am so glad that the about the poor, we obviously do. But a jority, which is the Republican leader- gentleman used that example and the lot of the people who may not nec- ship here, will not do what they are other examples that he has been using. essarily be aware of the fact that they supposed to do. Tomorrow in the Energy and Com- are going to be directly impacted, mid- The last point. This whole issue on merce Committee we are going to have dle class people, senior citizens, they this we are going to cut, this exercise a hearing on the health and social are going to be impacted by these as it relates to looking at the budget costs associated with drug use, particu- health care cuts. Even the student loan has gone off the focus of helping the larly methamphetamine use. And I just programs. These are not just student victims of Hurricane Katrina and Rita have the statistics because I am get- loan programs for poor people, these to we have got to prove to America ting ready for the hearing. In 2000, re- are middle class kids that are strug- that we can govern. That is what it has searchers estimate the annual health gling. These cuts impact the majority turned into. It has turned into that by and social costs associated with drug of Americans. I mean, that is a fact. saying, well, we can govern because we use, particularly methamphetamine And I appreciate the fact that all of know how to cut. We know how to cut. use, was approximately $116 billion, $15 you are bringing that out, because I Well, who are we cutting? We are cut- billion of which was attributed to think it is very important. ting those that cannot fight back. You health care costs. I yield to the gentleman from Ohio. might as well just answer the question A lot of the things that we talk about Mr. RYAN of Ohio. I thank the gen- the way it really is. Let us talk, let us, here, particularly health care, are ac- tleman for yielding. I think that is a

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23136 CONGRESSIONAL RECORD—HOUSE October 19, 2005 tremendous point. The Democrats are b 2015 to State legislatures like my home offering up amendment after amend- It is time to return this government State of Oklahoma. And they are not ment on the floor, in committees. We back to the honest people, back to the only going to the States. They are have an agenda that we are trying to people who are in it for right reasons, going to the counties, they are going to move forward here, and our agenda is back to the people who went into pub- the municipalities, and it is going to be pro taxpayer, and it is pro taxpayer be- lic service to make the world a better a tax increase for the American people. cause we make investments, just like place, not to line their supporters’ Mr. PALLONE. The gentleman men- you do in your home with your family. pockets, with all due respect. That is tioned before Medicaid. Medicaid is a The best investment you can make literally what I have watched this matching program, 50 percent Federal, with your kids long term: Education. It place become both as an outsider and 50 percent State. So if the States do is going to save you money in the long now as someone who has become a not get the 50 percent from the Federal run. That is what the Democrats want Member of this body. Government, they have to make it up to do. We want to invest into health Mr. RYAN of Ohio. Let us reiterate themselves or drop the people com- care and pay up front so that we do not that point right before we go. We have pletely. have to pay more in the long run. about 5 minutes left. I know we are almost done so I would The Democrats are for preventative Every cut that is being made to fund like to yield to the gentleman from care with the community health cen- the Katrina relief is being made to a Ohio (Mr. RYAN) because he is going to ters, with clinics, so that people go to group of people who do not donate to give us the 30-Something information. a clinic and get the antibiotics that the Republican majority. They are Mr. RYAN of Ohio. Before I give the they need or the basic care that they Medicaid recipients. They are food e-mail address, the cuts at the Federal need, the preventive care that they stamp recipients, and they are college level, it goes down to the States. The need so they do not wander into an students and middle-class parents who State has to make a decision to raise emergency room 2 weeks later with do not have a big lobby group here. taxes; and then it goes from the State, pneumonia and the taxpayer still has Mr. MEEK of Florida. I just want a the State is pushing it down to the to pay for it. That is smart use of the point of clarification. The folks that counties, as was said; and many of us taxpayer money. Investing in the stu- are going to suffer under these cuts, represent districts, the local commu- dent loans, I have said this a million they do not make political contribu- nities which are some of the poorest in times on this floor. We had a study in tions. Their only contribution is their the country. So those people are choos- Ohio, University of Akron. For every vote to send a Member of Congress up ing between raising their own taxes dollar the State of Ohio invested into here. I do not know when I go to these that they do not have, the person who higher education, the State got $2 back health care centers and they say, well, does not have $10 because of the energy in tax money. That is the investment we had to cut 10 employees, we cannot costs and everything else, versus fund- the Democrats want to make. We are even meet the people from the commu- ing for their local school because No playing offense. We have an agenda nity that are coming in and need our Child Left Behind is not paid for or hir- here. We are not here just to criticize, help because the budget has been cut. ing more cops because the COPS grant although we could spend a lot of time It is the evolution of taxation. We has been cut. And that is the end line. making the proper criticisms. make the cuts up here and then the Ms. WASSERMAN SCHULTZ. Mr. Providing health care for young kids. States, they return the favor to the Speaker, I would suggest the Web site. If you do not get these kids health care local folks, and they cannot do what Mr. RYAN of Ohio. Our Web site is at a young age on the Medicaid pro- they are supposed to do. The folks that [email protected]. gram, SCHIP, the programs that we are being cut and dealt with and man- gov. We have been getting a ton of e- want to fund, these kids are going to handled by the majority on this, they mails. Keep sending them. We love to develop long-term diseases, illnesses do not make contributions to anyone. get them. that will cost us a lot more money. They cannot afford to. These are the I appreciate the strong cast we have And not only that, if you have kids in people that are punching in and punch- here and maybe tomorrow or next week the classroom and only half the kids ing out every day. we will be able to fill the whole Cham- have health care, they are going to get I think it is important that everyone ber up. Let us keep rolling. the kids that do have health care sick. understand the proposal that the ma- Mr. PALLONE. Mr. Speaker, I thank Ms. WASSERMAN SCHULTZ. Do you jority is talking about now will do everybody for joining us tonight for a know what else we are for? We are for nothing but weaken the country. That very important Special Order. honesty. We are for honesty in govern- is the bottom line. That is what it f ment. We are for ridding this institu- does. I want to make that point of clar- tion of the culture of corruption that ification because even when I check my FURTHER MESSAGE FROM THE has consumed it in recent weeks and campaign reports, there are not a lot of SENATE months. Medicaid recipients there saying, we A further message from the Senate Mr. MEEK of Florida. Do not forget are writing a fat check to the Con- by Ms. Curtis, one of its clerks, an- cronyism, please. gressman. They cannot write $10 to the nounced that the Senate agreed to the Ms. WASSERMAN SCHULTZ. I was Congressman because they are too busy amendments of the House to the getting to cronyism, because there are trying to pay for gas and the heating amendment of the Senate to the text of a lot of Cs that are flying around this oil. the bill (H.R. 3971) ‘‘An Act to provide Chamber, including the first letter of Mr. BOREN. Mr. Speaker, actually, assistance to individuals and States af- the word Chamber. The gentleman something that we are not talking fected by Hurricane Katrina.’’ from Oklahoma and I are freshmen, we about also, we are seeing all of these f just got here, we have been here 10 cuts, but at the same time there is a months. We have conversations on the State tax increase there because you ABLE DANGER FAILURE floor all the time about how aston- have cuts at the Federal level and The SPEAKER pro tempore (Mr. ishing it is that this institution has a guess who has got to bear the brunt? REICHERT). Under the Speaker’s an- pall cast over it, that there is a shadow I served in the State legislature in nounced policy of January 4, 2005, the cast over this place by the culture of Oklahoma before I came to Congress. gentleman from Pennsylvania (Mr. corruption, the cronyism, the ethical And we had all these things called un- WELDON) is recognized for 60 minutes. challenges that some of our Members funded mandates that the other side Mr. WELDON of Pennsylvania. Mr. face, the cronyism in the administra- talked a lot about, these unfunded Speaker, I rise tonight to talk to our tion, the appointments of people who mandates. Guess who is sending these colleagues and through our colleagues are not qualified for the job that they unfunded mandates right now? It is the to the American people about an issue were hired to do. other side. They are sending them back that troubles me greatly.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23137 I have been in this institution 19 cells of al Qaeda around the world and tire story and referred to it as histori- years, and during those 19 years I have to give the military the capability to cally insignificant even though it was been on the Committee on Armed Serv- plan actions against those cells so they authorized by the Chairman of the ices. Currently, I am the vice chairman could not attack us as they did in 1993 Joint Chiefs of Staff, even though of that committee and chairman of the at the Trade Center, at the Khobar Louis Freeh has now said it could have subcommittee that oversees the pur- Towers, the U.S.S. Cole attack, and the provided information to prevent the at- chase of our weapons systems. In the African embassy bombings. tack against us, the 9/11 Commission past I have chaired the research sub- What I did not know, Mr. Speaker, up ignored it. Not because the commis- committee. I have chaired the readi- until June of this year, was that that sioners ignored it, but because someone ness subcommittee, and I have spent secret program called Able Danger ac- at the staff level on the 9/11 Commis- every available hour of my time work- tually identified the Brooklyn cell of al sion staff decided for whatever reason ing to make sure that our military Qaeda in January and February of 2000, that they did not want to pursue the troops were properly protected and over 1 year before 9/11 every happened. Abel Danger story. have the proper equipment and train- In addition, I learned that not only did Mr. Speaker, in August and Sep- ing. we identify the Brooklyn cell of al tember I met with the military offi- I am a strong supporter of our mili- Qaeda, but we identified Mohamed Atta cials involved with Abel Danger and tary. Whether it was in the last 2 years as one of the members of that Brook- one by one they told their story, until, of the Reagan administration, the four lyn cell along with three other terror- Mr. Speaker, leaders in the Defense In- years of the Bush administration, the 8 ists who were the leadership of the 9/11 telligence Agency, including the dep- years of the Clinton administration, or attack. uty director, decided they do not want the current administration of Presi- I have also learned, Mr. Speaker, the story told. I think because they dent George W. Bush, I have been a that in September of 2000, again, over 1 perhaps are fearful of being embar- strong supporter of our military. I am year before 9/11, that Able Danger team rassed and humiliated. a strong supporter of President Bush. I attempted on three separate occasions So what direction had they taken, campaigned for him. I am a strong sup- to provide information to the FBI Mr. Speaker? porter of Secretary Rumsfeld. I say all about the Brooklyn cell of al Qaeda, They have gagged the military offi- of that, Mr. Speaker, because tonight I and on three separate occasions they cers. They have prevented them from rise to express my absolute outrage were denied by lawyers in the previous talking to any Member of Congress. and disgust with what is happening in administration to transfer that infor- They have prevented them from talk- our defense intelligence agencies. mation. ing to the media. And the Defense In- Mr. Speaker, back in 1999 when I was Mr. Speaker, this past Sunday on telligence Agency has began a process Chair of the defense research sub- ‘‘Meet the Press,’’ Louis Freeh, FBI Di- to destroy the career and the life of committee, the Army was doing cut- rector at the time, was interviewed by Lieutenant Colonel Anthony Shaffer. ting-edge work on a new type of tech- Tim Russert. The first question to Now, it might be easy for us to ig- nology to allow us to understand and Louis Freeh was in regard to the FBI’s nore this, Mr. Speaker. We all have predict emerging transnational ter- ability to ferret out the terrorists. busy careers and worry about reelec- rorist threats. That technology was Louis Freeh’s response, which can be tions every 2 years and worry about being done at several locations, but obtained by anyone in this country as our own families and our jobs. But I was being led by our Special Forces a part of the official record, was, Well, cannot do that in this case and neither Command. The work that they were Tim, we are now finding out that a top- can this body, and neither can the doing was unprecedented. And because secret program of the military called other body. You see, Lieutenant Colo- of what I saw there, I supported the de- Able Danger actually identified the nel Shaffer took an oath to defend our velopment of a national capability of a Brooklyn cell of al Qaeda and Moham- Constitution. He took the words ‘‘duty, collaborative center that the CIA med Atta over a year before 9/11. honor, country’’ seriously and devoted would just not accept. And what Louis Freeh said, Mr. 23 years of his life in four deployed in- In fact, in November 4 of 1999, 2 years Speaker, is that that kind of action- telligence operations of our military to before 9/11, in a meeting in my office able data could have allowed us to pre- protect America. with the Deputy Secretary of Defense, vent the hijackings that occurred on During the time he served our coun- Deputy Director of the CIA, Deputy Di- September 11. try, he has received the Bronze Star, rector of the FBI, we presented a nine- So now we know, Mr. Speaker, that an award that does not come easily, for page proposal to create a national col- military intelligence officers working showing acts of courage, leadership, laborative center. When we finished the in a program authorized by the Chair- and bravery in the course of his activi- brief, the CIA said we did not need that man of the Joint Chiefs of Staff, the ties. capability, and so before 9/11 we did not general in charge of Special Forces b 2030 have it. Command, identified Mohammed Atta When President Bush came in after a and three terrorists a year before 9/11, He has received public commenda- year of research, he announced the for- tried to transfer that information to tions from previous directors of the De- mation of the Terrorism Threat Inte- the FBI were denied; and the FBI Di- fense Intelligence Agency, including gration Center, exactly what I had pro- rector has now said publicly if he General Patrick Hughes, including gen- posed in 1999. Today it is known as the would have had that information, the erals at Special Forces Command, and NCTC, the National Counterterrorism FBI could have used it to perhaps pre- including Admiral Wilson of the De- Center. But, Mr. Speaker, what trou- vent the hijackings that struck the fense Intelligence Agency. He has re- bles me is not the fact that we did not World Trade Center, the Pentagon, and ceived dozens of letters and commenda- take those steps. the plane that landed in Pennsylvania tions for his work. The laudatory com- What troubles me is that I now have and perhaps saved 3,000 lives and ments I reviewed in his files are unbe- learned in the last 4 months that one of changed the course of world history. lievable. the tasks that was being done in 1999 Mr. Speaker, I rise tonight because But, you see, Mr. Speaker, there is a and 2000 was a top-secret program orga- we have been trying to get the story problem. The Deputy Director of the nized at the request of the Chairman of out about Able Danger and what really Defense Intelligence Agency was in a the Joint Chiefs of Staff, carried out by happened. Unfortunately, Mr. Speaker, meeting with Lieutenant Colonel the general in charge of our Special I have to rise tonight to tell you that Shaffer almost a year before 9/11, and Forces Command, a very elite unit fo- as bad as this story is, and as bad as it Lieutenant Colonel Shaffer showed him cusing on information regarding al is that the data was not transferred to a disk in his office with information Qaeda. It was a military language ef- the FBI, and as bad as it is that the 9/ about al Qaeda and Mohammed Atta, fort to allow us to identify the key 11 Commission totally ignored this en- and the Deputy Director of the Defense

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23138 CONGRESSIONAL RECORD—HOUSE October 19, 2005 Intelligence Agency stopped the brief- when he is not being paid, would cause signed by his commanding officer and ing and said, you cannot show me that. him further problems and totally pre- the acting Secretary of the Army. I do not want to see it. It might con- vent him from ever having this gross But they went beyond that, Mr. tain information I cannot look at. problem reversed. Mr. Speaker, this is Speaker. They went beyond that with Now, Tony Shaffer was not in the outrageous. Mr. Speaker, this is not this man. They said he had $2,000 of room alone, Mr. Speaker. There were America. debt, personal debt. Well, I would like other people, and we know their names. Over my 19 years in Congress, I have to have every Pentagon employee to- So we have witnesses. Now, the Deputy led 40 delegations to the former Soviet morrow, I would like to have the senior Director has denied that meeting and Union. I have sat in the face of the So- leadership show us what debt they have denied he was there and denied this viet Communists and confronted them in the Defense Intelligence Agency so particular story, but the fact is he on full transparency. I sat at the table we can make that public. knows that we are going to pursue it. with President Lukashenko of Belarus, They even went to this length, Mr. So what has happened to Lieutenant who has been called by our Secretary Speaker: the Defense Intelligence Colonel Shaffer, Mr. Speaker? The De- of State the last dictator in Europe. I Agency wrote in an official document fense Intelligence Agency has lifted his took both delegations to North Korea, that Lieutenant Colonel Shaffer stole security clearance. One day before he Mr. Speaker, and sat across the table public property. A serious charge. Well, was to testify before the Senate Com- from Kim Gye Gwan and I told him we when you check what that public prop- mittee on the Judiciary, in uniform, abhor the way they treat their people, erty was, it was an assortment of pens, they permanently removed his security the way they lie about what is hap- government pens. But what they did clearance. And now our Defense Intel- pening, and the way they distort infor- not say in the Defense Intelligence re- ligence Agency has told Colonel mation. port was that he took those pens when Shaffer’s lawyer that they plan to seek Mr. Speaker, I took three delegations he was 15 years of age and was with his a permanent removal of his pay and his to Libya to meet with Qadhafi, and I father when he was on assignment at health care benefits for him and his told him that we are absolutely out- one of our embassy outposts. He took two children. Why, Mr. Speaker? Be- raged at what Libya did in helping the pens to give to other students at cause Lieutenant Colonel Shaffer, like complete the Lockerbie bombing and the school when he was 15 years of age. Commander Scott Philpot of the Navy, the bombing of the Berlin nightclub. And by the way, Mr. Speaker, it was like J. D. Smith, and like a host of You know, Mr. Speaker, I never Tony Shaffer himself who admitted to other Able Danger employees, has told thought I would have to take the floor that thievery when he applied for his the truth. of this Chamber and make the same security clearance. So the Defense In- Now, Mr. Speaker, I sat here in the statements about the Defense Intel- telligence Agency knew that during his 1990s and I sat here during the 9/11 in- ligence Agency. As a supporter of the entire career of 23 years, but they put vestigation and watched a ridiculous President, as a supporter of the mili- that in the document against him. situation develop with Sandy Berger, tary, Mr. Speaker, if we allow this to This is a scandal, Mr. Speaker. It is the National Security Adviser under go forward, then we send the signal to an outrage. It is a travesty. Everyone President Clinton. He walked into the every man and woman wearing a uni- that worked with Tony Shaffer, the National Archives before he was to tes- form that if you tell the truth, you will Navy officers, the private citizens have tify before the 9/11 Commission looking be destroyed if a career bureaucrat all said the same thing. This is a scan- through documents. He took docu- above you does not like what you are dal to get Tony Shaffer because he has ments out of the archives and stuffed saying. If you tell the truth, we will told the truth. them in his socks and pants so that no take your health care benefits away Now, this Defense Intelligence Agen- one would see them as he left the Na- from your kids. If you tell the truth, cy and this Deputy Director had the tional Archives. Now, that is a felony, we will ruin you. audacity to have their legal counsel tampering with Federal documents and Mr. Speaker, this is not America. Mr. send Tony Shaffer’s lawyer a letter on removing classified information re- Speaker, this is not what I have been September 23. I cannot put that letter garding our security and information told by Secretary Rumsfeld that we are in the RECORD because it is privileged that the 9/11 commission needed to see. doing with our troops in protecting information, but it will eventually Sandy Berger initially lied about it. them, in giving them the best equip- come out. But in that letter, in the sec- He said he did not do it. Then he ad- ment and the best training. This is not ond to last paragraph, the legal counsel mitted it, and he was given a punish- what I spend hours in committee hear- for the Defense Intelligence Agency ment. And, oh, by the way, his security ings on. This sends the wrong signal to says to Mr. Shaffer’s lawyer, he cannot clearance was temporarily lifted, but America’s troops. It tells them, do not receive any more classified informa- he will get it back again, for lying, for be honest. Do not respect the fact that tion from the Defense Intelligence stealing, and for committing an act of you have to be truthful. If there is Agency because I checked and his secu- outrage against our country’s security. somebody that the truth offends, then rity clearances have all been removed. Lieutenant Colonel Shaffer, a Bronze you better be silent. Therefore, he is not allowed to look at Star 23-year military veteran, simply Mr. Speaker, I have today asked for anything that is secret or confidential. told the truth and now his life is being an independent investigation of the De- Now, that is a letter sent by the gen- ruined. fense Intelligence Agency and their ef- eral counsel of the DIA on September His career is ended. He is no longer in forts at destroying Tony Shaffer’s life. 23 of this year. Two weeks later, Mr. military intelligence. They have taken This is outrageous, Mr. Speaker. They Speaker, to show the stupidity of the his security clearance, and they are trumped up charges against him. They Defense Intelligence Agency, they send about to destroy him as a person. They said while he was overseas in Afghani- seven packages to Mr. Shaffer’s lawyer are about to deny him the basic health stan, forward deployed, that he for- of his personal belongings, which the care and the salary that he has earned, warded cell phone calls from his offi- Deputy Director of the DIA told my and they are doing it in this way. This cial phone to his personal phone; and staff 3 months ago did not exist any is outrageous. It is evil. They do not when they checked that out, it ran up more. And in those seven boxes, Mr. want to fire Tony because they also do a cost to the taxpayers of about $60. Speaker, were five classified memos. not want him to talk to the media. So The second verbal charge they gave The Defense Intelligence Agency sent by suspending him and removing his him was that he went to a course at five classified memos to Lieutenant pay and his health care, they hurt him the Army War College and he got reim- Colonel Shaffer, which they told him bad, but he cannot talk because he is bursed for his travel, his mileage and on September 23 he was not allowed to under suspension and his lawyer has tolls, 100-some dollars. And they said have access to. advised him that to talk to the media, he received a commendation for which Mr. Speaker, that is a felony; and I to talk to Members of Congress, even he was not entitled, even though it was have asked the Inspector General and

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23139 the legal officials to investigate and who destroyed the data said, well, I olis, a 23-year Naval officer who will prosecute the Defense Intelligence offi- was told that we could not keep this command one of our destroyers in Jan- cials who sent five classified docu- data for more than 90 days because it uary who is agreeing with Lieutenant ments through the mail or by hand de- might involve information that con- Shaffer. We have three other people livery to Tony Shaffer. tains U.S. persons, so we had to destroy who have testified under oath that In addition, Mr. Speaker, the Defense it. they saw the same photograph, and the Intelligence Agency, in its absolute b 2045 person I met yesterday will testify that total stupidity, included in those boxes he had the name of a Mohammed Atta $500 worth of Federal property, includ- Well, I found out that is not the before 9/11 but not the face. ing a multi-hundred dollar GPS system story. The reason the data was de- Mr. Speaker, this is not some third- owned by the Federal Government, stroyed was because Special Forces rate burglary coverup. This is not some which they sent to Tony Shaffer, I Command asked the Army for that Watergate incident. This is an attempt guess to keep. They also sent, Mr. data and within a matter of days, that to prevent the American people from Speaker, 25 pens, brand new, and data was destroyed so the Army would knowing the facts about how we could marked on them is ‘‘Property of the not pass it to Special Forces Command. have prevented 9/11 and people are cov- U.S. Government.’’ The Defense Intel- Yet there still is, was and I hope still ering it up today. They are ruining the ligence Agency, in its absolute utter is a massive pot of data. career of a military officer to do it and stupidity, sent Tony Shaffer Federal But furthermore, that official that I we cannot let it stand. I do not care property which they accused him of talked to yesterday will also say that whether you are Democrat or Repub- taking when he was 15 years of age. there was no 90-day requirement, as lican, you cannot let a lieutenant colo- Mr. Speaker, there is something des- was testified before the Senate Com- nel’s career be ruined because of some perately wrong here. There is a bu- mittee on the Judiciary. He said on a bureaucrat in the Defense Intelligence reaucracy in the Defense Intelligence regular basis they kept information Agency. If we let that happen, then no Agency that is out of control. They from Able Danger data mining for one who wears the uniform will ever want to destroy the reputation of a 23- months and months and months. In feel protected because we will have let year military officer, Bronze Star re- fact, he will say he had a discussion them down. Anyone who wears the uni- cipient, hero of our country, with two with a lawyer in DOD named Schiffren form of this country who is serving kids because people in defense intel- who told him do not worry about it, today expects us to back him or her up ligence are embarrassed at what is just fill out a document, sign your and that is not happening. We are see- going to come out. name that you need it, put it in the ing lying, distortion. And what is going to come out, Mr. box, and you can keep it as long as you Mr. Speaker, do you know, Wolf Speaker? Well, we are going to find want. Blitzer on CNN told my staff that a De- out, Mr. Speaker, that that unit, Able Mr. Speaker, that is entirely con- partment of Defense employee told him Danger, not only identified Mohammed tradictory to what the Defense Intel- that Lieutenant Colonel Shaffer was Atta before 9/11, not only did they try ligence Agency has been telling us, to having an affair with one of my em- to pass that information to the FBI, what DOD has been telling us. Now we ployees. How low can we go, Mr. Speak- not only was that large data destroyed have someone who is willing to come er? How low can we go to allow this De- in the summer of 2000, but now, Mr. forward and say that 90-day period is fense Department to try to ruin the Speaker, I can add a new dimension to not real, they kept Able Danger infor- reputation and the personal life of a this whole story. Yesterday, Mr. mation for months and months and lieutenant colonel with a Bronze Star? Speaker, I met with another Able Dan- months. To Wolf Blitzer, Mr. Speaker. ger official. I was not aware of this offi- Mr. Speaker, there is something des- We need to know the name of that cial’s knowledge because he does not perately wrong here. A sitting Presi- defense official who told Wolf Blitzer live within the Beltway. dent of the United States resigned his who told my staff, and he is not the This official, Mr. Speaker, has impec- position because he tried to cover up a only one. I have other media people cable credentials. I cannot reveal his third-rate burglary when some low- who will come forward in this grand ef- name today. I will to any Member of level operatives from the Republican fort to destroy the reputation of a uni- this body, any of our colleagues that committee to reelect him broke into formed military officer, to create scan- want to come to me, I will tell you pri- the Democrat headquarters in Wash- dalous accusations. He does not even vately who this official is, and you will ington, D.C. No one was killed. No know my staff, to accuse him of steal- agree with me when I tell you his name money was stolen. No State secrets ing pens when he was 15, to take away that he has impeccable credentials. were stolen. It was a third-rate bur- his health care benefits for his two kids This official yesterday, Mr. Speaker, in glary, but it caused the resignation of because he is telling the truth. a meeting in my office, told me that he President Richard Nixon. What do we stand for if not the has never been talked to by the Pen- Mr. Speaker, we are talking about truth? Is it more important that we be tagon. He has never been talked to by the deaths of 3,000 Americans. politically correct? Is it more impor- the Defense Intelligence Agency in Mr. Speaker, we are talking about 2.5 tant that I not rock the boat because their supposed investigation. He has terabytes of data about al Qaeda. That my party is in the White House, be- never been talked to by the 9/11 Com- is equal to one-fourth of all of the cause I campaigned for Bush, and sup- mission staff in their investigation; yet printed material in the Library of Con- port Don Rumsfeld. Is that more im- this official had a leadership position gress. portant? If that is more important, I do in Able Danger. Mr. Speaker, we are talking about not want to be here. I will leave. I will This official told me that there is a Mohammed Atta and three of the ter- leave my post, but I will not do it until separate cache of information collected rorists that attacked us on 9/11. we get justice for this man and for from over 20 Federal agencies in 1999 Mr. Speaker, we are talking about these people who the 9/11 Commission and 2000 on Able Danger that still may military intelligence officers, including called historically insignificant. exist. Now, the Pentagon has told us an Annapolis graduate who will com- Mr. Speaker, there is something all this material was destroyed, and mand one of our destroyers in January wrong inside the Beltway. now I have a senior official telling me of 2006 who risked his entire career to Mr. Speaker, there is something des- there is a second pot of information state on the record I will swear until I perately wrong when a military officer that may well still exist. die that I saw Mohammed Atta’s face risks his life in Afghanistan time and Furthermore, at the hearing over in every day starting in January of 2000, a again, embedded with our troops under the Senate Committee on the Judici- year and a half before 9/11. an assumed name with a false beard ary, when Senator SPECTER asked why Mr. Speaker, this is not somebody off and a false identity, forward deployed this data was destroyed, the witness the street, this is a graduate of Annap- with our troops, gets castigated, gets

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23140 CONGRESSIONAL RECORD—HOUSE October 19, 2005 ridiculed, gets some low life scum at Mr. Speaker, there is something here. raged as I am. I want to thank the gen- the Pentagon spreading malicious lies I am not a conspiracy theorist, but tleman from Wisconsin (Mr. SENSEN- about this individual, and then say to there is something desperately wrong, BRENNER), who is looking at this, and his lawyer, we are going to take away Mr. Speaker. There is something out- the gentleman from California (Chair- his health care benefits, we are going rageous at work here. This is not a man HUNTER). The Committee on to take away his salary. third-rate burglary of a political cam- Armed Services has a full-time staffer Mr. Speaker, if we allow this to stand paign headquarters. This involved what assigned to get to the facts of this. I as Democrats and Republicans, then is right now the covering up of infor- want to thank the gentleman from New none of us deserve to be here. When we mation that led to the deaths of 3,000 York (Mr. KING), chairman of the Com- all go overseas and meet the troops, we people, changed the course of history, mittee on Homeland Security, because tell them how proud we are of them. led to the invasion of Iraq and Afghani- he is looking at this. I want to thank We provide funding for them. We give stan, and has disrupted our country, the gentleman from Michigan (Chair- them training and take care of their our economy and people’s lives. man HOEKSTRA) and the Permanent Se- families. What we are allowing to hap- Mr. Speaker, we could ignore this. I lect Committee on Intelligence. He has pen right now is the Defense Intel- cannot. If it means I have to resign met with Tony Shaffer and has offered ligence Agency to ruin the career and from this body, I will resign. I will not to get more information. I want to the life of a man who spent 23 years allow, after 19 years in this body and as thank my colleagues on the other side protecting his Nation. If Lieutenant a vice chairman of the Committee on of the aisle for standing up and begin- Colonel Shaffer was telling this story Armed Services, bureaucrats in the De- ning to ask questions, and I want to alone in a vacuum, that would be one fense Intelligence Agency to concoct thank Senator SPECTER and Senator thing. But he has been corroborated stories, to talk about the theft of pens BIDEN, who attended a Committee on over and over again. I have met with at when this lieutenant colonel was 15 the Judiciary hearing and expressed least 10 people who fully corroborate years old, to talk about this man’s per- their outrage. I want to thank Senator what Tony Shaffer says. Those meet- sonal debt of $2,000. I would hate to SESSIONS, Senator KYL, and Senator ings with the FBI, the FBI employee check the indebtedness of Members of GRASSLEY, who were all there. In fact, still works there and she told the Sen- Congress. I know mine is more than ate Committee on the Judiciary, I set Senator GRASSLEY called it a coverup. $2,000. Mr. Speaker, I cannot tell you the those meetings up with the FBI to Mr. Speaker, this is not America. I number of Members who have come to transfer information about al Qaeda had a group of college students down and Able Danger. So she is still there me and said this is unacceptable. I from Drexel University. There were would hope that as a result of what we and she testified. about 20 of them, including representa- What we have here, I am convinced of have heard tonight every Member of tive students from eight other nations. this now, is an aggressive attempt by Congress will ask for an inquiry. The We talked about this. Of course we CIA management to cover up their own gentlewoman from Georgia (Ms. have talked about all of the problem shortcomings in not being able to do MCKINNEY) wrote a letter to the chair- what the Able Danger team did: They countries in the world. We talk about man of the Committee on Armed Serv- identified Mohammed Atta and the al our values as a Nation, the need for a ices asking for an investigation. We Qaeda cell of Brooklyn 1 year before democracy to have people involved, to have from Republicans to Democrats, 9/11. But even before that, as the story have transparency, to have people who left to right, conservatives to liberals. unfolds, you are going to hear the story respect the rule of law and the Con- What is happening here is unaccept- that they also identified the threat to stitution. able. It is unimaginable. It is un-Amer- How do I tell them that is what is the USS Cole 2 weeks before the attack, ican. All over the world tonight, young and 2 days before the attack were working here, Mr. Speaker, when the Americans are wearing our uniforms. screaming not to let the USS Cole come Pentagon says that these people who They are doing a great job. They make into the harbor at Yemen because they simply want to tell the truth are not us all proud when we travel overseas. knew something was about to happen. allowed? They are saying it is for clas- They make us proud because of the Mr. Speaker, bad news never comes sified purposes, yet the DOD lawyer on pride they have. When I talk to them, easy; but in a democracy, the bad news the Senate side there is nothing classi- they say I am glad to be doing what I has to come out so we can make sure it fied about any of the information. It is am doing. I am doing the right thing does not happen again. not about classified programs. I would for our country. I will go any place the Mr. Speaker, this whole thing start- be the last to want to see anything Commander in Chief sends me. Wheth- ed, not to embarrass anyone, this classified revealed. I have seen many, er I am in Afghanistan or Iraq, they whole thing started because none of us many instances where I have been will tell me that. knew that Mohammed Atta was identi- given sensitive information that only a b 2100 fied before 9/11. It started because this few people in the Congress and the Congress, this body in particular, tried country had. I would never reveal it. It Whether we are in Kosovo or Soma- to establish what is now in place back is not about that. This is not about the lia, they will tell us that. Whether we in 1999, a national collaborative center, DIA, this is not about the CIA, this is are at Hurricane Katrina, whether we but the CIA said we did not need it. about CYA. It is about CYA by bureau- are at Hurricane Andrew, or whether The American people deserve to have crats in the Defense Intelligence Agen- we are out in California, the earth- the answers here. They deserve to cy and possibly some political quake, or the Midwestern floods, our know why 3,000 people died. They de- operatives that do not want the facts troops are all the same. They respect serve to know what we could have done to come out about Able Danger and the our country. They respect our Con- and should have done to better prepare information that the Able Danger team stitution. If we allow this travesty to ourselves and to work to prepare for put together. And in the process, they continue, Mr. Speaker, then we have the next incident. The American people are going to destroy a man, a man who let all of those people down for some need to know where those multiple has been recognized by his country, nameless, faceless bureaucrat who is terabytes of data is. Is it still being who has a family, and who simply fearful that the information will fi- used? We know in January of 2001, Gen- wants to do the right thing. nally come to light, that the DIA just eral Shelton was given a 3-hour brief- Mr. Speaker, I hated to take the floor did not get it. ing on Able Danger. So even if they de- tonight, but I did not know what else Back in 1999 and 2000, they did not stroyed the data back in the summer of to do. We have committees of Congress have a clue. They had millions of dol- 2000, in January of 2001 there was working on this. I want to thank the lars, hundreds of millions of dollars, enough material to give General gentleman from Virginia (Mr. WOLF), and could not do what a 20-member Shelton, Commander of the Joint chairman of the FBI Appropriation team did in being able to identify Mo- Chiefs, a 3-hour briefing. Committee on Oversight. He is as out- hammed Atta before the 9/11 attacks.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23141 DIA does not want that to come out, people who made those statements to table and, under the rule, referred as Mr. Speaker. They do not want that to these media people because it all needs follows: come out. Heaven forbid the Defense to be put on the record. S. 1886. An act to authorize the transfer of Intelligence Agency, with hundreds of And as someone tomorrow who will naval vessels to certain foreign recipients; to millions of dollars, would have a 20- chair another hearing on our defense the Committee on International Relations. member team do what they could not oversight to try to get the best value f do because they were using new tech- for the dollars for our military, I ask nology and new software. They do not all of our colleagues, Mr. Speaker, on ENROLLED BILL SIGNED want that to come out. That is why both sides of the aisle to join us. This Mr. Trandahl, Clerk of the House, re- that Deputy Director, when he was at is not Republicans or Democrats. It is ported and found truly enrolled a bill that meeting, said, I do not want to see about what is fundamental to this of the House of the following title, this. Do not show it to me. And that is country. I would ask our constituents which was thereupon signed by the why today that Deputy Director is try- across America we represent to join us, Speaker: ing to ruin the career of Lieutenant to express their outrage, to e-mail, H.R. 3971. An act to extend medicare cost- Colonel Shaffer. make phone calls, write letters to the sharing for qualifying individuals through The only way to resolve this, Mr. Secretary of Defense, the President of September 2007, to extend transitional med- Speaker, is to have a full independent the United States, to Members of Con- ical assistance and the program for absti- investigation by the Inspector General gress to simply let the story be told. nence education through December 2005, to of the Pentagon. I have asked Sec- Let the Able Danger story finally come provide unemployment relief for States and individuals affected by Hurricane Katrina, retary Rumsfeld today to do that. I out to the American people. Let them and for other purposes. would ask my colleagues on both sides understand what really happened. Let of the aisle to join me in that request. Scott Philpott talk. Let Tony Shaffer f Let the independent inspector for the talk. Let the others who have been si- SENATE ENROLLED BILLS SIGNED Pentagon go in, not DIA. DIA cannot lenced have a chance to tell their story The SPEAKER announced his signa- investigate itself. It does not have the to Congress and openly to the Amer- ture to enrolled bills of the Senate of capability to do that. It does not have ican people. In the end, the country the following titles: the integrity to do that. Let the In- will be stronger. spector General do the investigation S. 155. An act to adjust the boundary of f Rocky Mountain National Park in the State and while that is being done, protect SPECIAL ORDERS GRANTED of Colorado. Lieutenant Colonel Shaffer. He does S. 156. An act to designate the Ojito Wil- not deserve to have his career ruined or By unanimous consent, permission to derness Study Area as wilderness, to take destroyed for telling the truth. address the House, following the legis- certain land into trust for the Pueblo of Zia, And while we are at it, Mr. Speaker, lative program and any special orders and for other purposes. if DIA is going to continue to press this heretofore entered, was granted to: f ridiculous set of facts, then as I said (The following Members (at the re- earlier, I want DIA prosecuted for the quest of Mr. MCDERMOTT) to revise and BILL PRESENTED TO THE five felonies they committed in sending extend their remarks and include ex- PRESIDENT classified documents to a person that 2 traneous material:) Jeff Trandahl, Clerk of the House re- weeks earlier they said was incapable Mr. DEFAZIO, for 5 minutes, today. ports that an October 14, 2005, he rep- of receiving classified information. And Mr. BROWN of Ohio, for 5 minutes, resented to the President of the United if this continues, I want DIA held re- today. States, for his approval, the following sponsible for illegally transferring $500 Ms. WOOLSEY, for 5 minutes, today. bill. of public assets to a person, that in the Mr. EMANUEL, for 5 minutes, today. H.R. 2360. Department of Homeland Secu- process of sending that stuff to him, Mr. GEORGE MILLER of California, for rity Appropriations Act, 2006. 5 minutes, today. DIA committed fraud against the tax- f payers. I want them held accountable: Ms. SOLIS, for 5 minutes, today. DIA’s stupidity; DIA’s incompetence. Mr. CUMMINGS, for 5 minutes, today. ADJOURNMENT We have a new nominee for the head Mr. STUPAK, for 5 minutes, today. Mr. WELDON of Pennsylvania. Mr. of DIA, and I am going to ask every Mr. RYAN of Ohio, for 5 minutes, Speaker, I move that the House do now Senator to fully explore each of these today. adjourn. issues before that person is confirmed. Mr. MARKEY, for 5 minutes, today. The motion was agreed to; accord- I will meet with every Senator person- Mr. MEEHAN, for 5 minutes, today. ingly (at 9 o’clock and 5 minutes p.m.), ally and go over all of this information. Mr. MCDERMOTT, for 5 minutes, the House adjourned until tomorrow, And I would encourage the Senators today. Thursday, October 20, 2005, at 10 a.m. and the House Members to interview Mr. BUTTERFIELD, for 5 minutes, f the other people who worked with today. Lieutenant Colonel Shaffer and to get Ms. HERSETH, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, their assessments of what is going on (The following Members (at the re- ETC. there. They will all tell them the same quest of Mr. YOUNG of Florida) to re- Under clause 8 of rule XII, executive thing: Shaffer is being abused and used vise and extend their remarks and in- communications were taken from the as a scapegoat. If they can ruin clude extraneous material:) Speaker’s table and referred as follows: Shaffer, they can silence the story. Mr. BURTON of Indiana, for 5 minutes, 4576. A letter from the Congressional Re- It cannot happen, Mr. Speaker. We today. view Coordinator, Animal and Plant Health cannot let it. That is not what America Mr. MORAN of Kansas, for 5 minutes, Inspection Service, Department of Agri- is about. That is not what we say to today. culture, transmitting the Department’s final our enlisted personnel when they sign (The following Member (at his own rule—West Indian Fruit Fly; Regulated Arti- up for duty. That is not what we say request) to revise and extend his re- cles [Docket No. 04-127-2] received October 4, when we pass our defense bills every marks and include extraneous mate- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the year. rial:) Committee on Agriculture. 4577. A letter from the Congressional Re- This man is being maligned and mis- Mr. GOHMERT, for 5 minutes, today. treated. He is being harassed. The most view Coordinator, Animal and Plant Health f Inspection Service, Department of Agri- scurrilous accusations, totally un- SENATE BILL REFERRED culture, transmitting the Department’s final founded, have been given to the Amer- rule—Mexican Fruit Fly; Quarantined Areas ican media; and I will name names, and A bill of the Senate of the following and Treatments for Regulated Articles I will ask for an investigation of the title was taken from the Speaker’s [Docket No. 02-129-5] received October 4, 2005,

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23142 CONGRESSIONAL RECORD—HOUSE October 19, 2005 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tember 27, 2005, pursuant to 5 U.S.C. ment of State, transmitting the President’s mittee on Agriculture. 801(a)(1)(A); to the Committee on Agri- determination and certification for Fiscal 4578. A letter from the Under Secretary, culture. Year 2006 under Section 102(a)(2) of the Arms Food, Nutrition, and Consumer Services, De- 4587. A letter from the Comptroller, De- Export Control Act, pursuant to 22 U.S.C. partment of Agriculture, transmitting the partment of Defense, transmitting a report 2799aa–2; to the Committee on International Department’s final rule — Commodity Sup- of a violation of the Antideficiency Act by Relations. plemental Food Program — Plain Language, the Department of the Navy, Case Number 4599. A letter from the Acting Assistant Program Accountability, and Program Flexi- 04-06, pursuant to 31 U.S.C. 1517(b); to the Secretary for Legislative Affairs, Depart- bility (RIN: 0584-AC84) received August 23, Committee on Appropriations. ment of State, transmitting notification of 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4588. A letter from the Comptroller, De- an Accountability Review Board to examine Committee on Agriculture. partment of Defense, transmitting a report the facts and the circumstances of the loss of 4579. A letter from the Congressional Re- of a violation of the Antideficiency Act by life at a U.S. mission abroad and to report view Coordinator, Animal and Plant Health the Department of the Navy, Case Number and make recommendations, pursuant to 22 Inspection Service, Department of Agri- 04-05, pursuant to 31 U.S.C. 1517(b); to the U.S.C. 4834(d)(1); to the Committee on Inter- culture, transmitting the Department’s final Committee on Appropriations. national Relations. rule—Asian Longhorned Beetle; Removal of 4589. A letter from the Comptroller, De- 4600. A letter from the NSPS Senior Execu- Regulated Areas [Docket No. 05-011-2] re- partment of Defense, transmitting a report tive, Department of Defense, transmitting ceived August 23, 2005, pursuant to 5 U.S.C. of a violation of the Antideficiency Act by comments on proposed regulations for the 801(a)(1)(A); to the Committee on Agri- the Department of the Navy, Case Number National Security Personnel System from culture. 04-02, pursuant to 31 U.S.C. 1517(b); to the unions representing Department of Defense 4580. A letter from the Congressional Re- Committee on Appropriations. employees; to the Committee on Govern- view Coordinator, Animal and Plant Health 4590. A letter from the Under Secretary for ment Reform. Inspection Service, Department of Agri- Acquisition, Technologyand Logistics, De- 4601. A letter from the Executive Director, culture, transmitting the Department’s final partment of Defense, transmitting revisions Commission on Federal Election Reform, rule—Brucellosis in Swine; Add Florida to to the National Defense Stockpile Annual transmitting the Commission’s report enti- List of Validated Brucellosis-Free States Materials Plan (AMP) for fiscal year 2006, tled, ‘‘Building Confidence in U.S. Election: [Docket No. 05-009-2] received August 23, 2005, pursuant to 50 U.S.C. 98d; to the Committee The Report of the Commission on Federal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Armed Services. Election Reform’’; to the Committee on mittee on Agriculture. 4591. A letter from the Assistant to the House Administration. 4581. A letter from the Congressional Re- Secretary, Nuclear and Chemical and Bio- 4602. A letter from the Secretary, Depart- view Coordinator, Animal and Plant Health logical Defense Programs, Department of De- ment of the Interior, transmitting a progress Inspection Service, Department of Agri- fense, transmitting revisions to the Counter- report on the Department’s continuing effort culture, transmitting the Department’s final proliferation Program Review Committee re- to provide an historical accounting for indi- rule—Noxious Weed Control and Eradication port entitled, ‘‘Report on Activities and Pro- vidual Indian monies; to the Committee on Act; Delegation of Authority [Docket No. 05- grams for Countering Proliferation and NBC Resources. 012-1] received September 27, 2005, pursuant Terrorism’’; to the Committee on Armed 4603. A letter from the Under Secretary for to 5 U.S.C. 801(a)(1)(A); to the Committee on Services. Emergency Preparedness and Response, De- Agriculture. 4592. A letter from the Assistant General partment of Homeland Security, transmit- 4582. A letter from the Administrator, Ag- Counsel, Division of Regulatory Services, ting notification that funding under Title V, ricultural Marketing Service, Fruit and Department of Education, transmitting the subsection 503(b)(3) of the Robert T. Stafford Vegtable Programs, Department of Agri- Department’s final rule—Safe and Drug-Free Disaster Relief and Emergency Assistance culture, transmitting the Department’s final Schools Programs, Final Priority and Other Act, as amended, has exceeded $5 million for rule—Marketing Order Regulating the Han- Application Requirements—received August the response to the emergency declared as a dling of Spearmint Oil Produced in the Far 11, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to result the influx of evacuees from areas West; Revision of the Salable Quantity and the Committee on Education and the Work- struck by Hurricane Katrina beginning on Allotment Percentage for Class 1 (Scotch) force. August 29, 2005 in the State of Texas, pursu- and Class 3 (Native) Spearmint Oil for 2005- 4593. A letter from the Assistant General ant to 42 U.S.C. 5193; to the Committee on 2006 Marketing Year [Docket No. FV05-985-2 Counsel, Division of Regulatory Services, Transportation and Infrastructure. IFR] received September 27, 2005, pursuant to Department of Education, transmitting the 4604. A letter from the Assistant Secretary 5 U.S.C. 801(a)(1)(A); to the Committee on Department’s final rule—Innovation for of the Army, Civil Works, Department of the Agriculture. Teacher Quality (RIN: 1855-AA04) received Army, transmitting a legislative proposal re- 4583. A letter from the Administrator, Ag- July 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); garding the Civil Works program of the ricultural Marketing Service, Fruit and to the Committee on Education and the Army Corps of Engineers; to the Committee Vegtable Programs, Department of Agri- Workforce. on Transportation and Infrastructure. culture, transmitting the Department’s final 4594. A letter from the Assistant General 4605. A letter from the Assistant Secretary, rule—Nectarines and Peaches Grown in Cali- Counsel, Division of Regulatory Services, Civil Works, Department of the Army, trans- fornia; Increased Assessment Rates [Docket Department of Education, transmitting the mitting the Department’s status report on No. FV05-916-3 FR] received September 27, Department’s final rule—Alcohol and Other the Great Lakes Tributary Model required 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Drug Prevention Models on College Cam- by Section 516(e-g) of the Water Resources Committee on Agriculture. puses—received August 11, 2005, pursuant to 5 Development Act; to the Committee on 4584. A letter from the Administrator, Ag- U.S.C. 801(a)(1)(A); to the Committee on Edu- Transportation and Infrastructure. ricultural Marketing Service, Fruit and cation and the Workforce. 4606. A letter from the Secretary, Depart- Vegtable Programs, Department of Agri- 4595. A letter from the Assistant Secretary, ment of Transportation, transmitting the culture, transmitting the Department’s final Office of Vocational and Adult Education, Administration’s March 2005 report to Con- rule—Amendment to the Peanut Promotion, Department of Education, transmitting the gress entitled, ‘‘Use of Dedicated Trains for Research, and Information Order [FV-05-701- Department’s final rule—Community Tech- Transportation of High-Level Radioactive IFR] received September 27, 2005, pursuant to nology Centers Program—September 20, 2005, Waste and Spent Nuclear Fuel,’’ pursuant 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- Public Law 101–615, section 15; to the Com- Agriculture. mittee on Education and the Workforce. mittee on Transportation and Infrastruc- 4585. A letter from the Administrator, Ag- 4596. A letter from the Secretary, Depart- ture. ricultural Marketing Services, Department ment of Energy, transmitting the Depart- 4607. A letter from the Chief, Regulations of Agriculture, transmitting the Depart- ment’s Annual Report on Federal Govern- Unit, Internal Revenue Service, transmitting ment’s final rule—Milk in the Mideast Mar- ment Energy Management and Conservation the Service’s final rule—Determination of keting Area; Interim Order Amending the Programs during Fiscal Year 2003, pursuant Amount of Original Issue Discount (Rev. Order [Docket No. AO-166-A39; DA-05-01-A] to 42 U.S.C. 6361(c); to the Committee on En- Rul. 2005-47) received August 10, 2005, pursu- received September 27, 2005, pursuant to 5 ergy and Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Ag- 4597. A letter from the Secretary, Federal on Ways and Means. riculture. Trade Commission, transmitting the Report 4608. A letter from the Chief, Regulations 4586. A letter from the Agricultural Mar- to Congress for 2003 pursuant to the Federal Unit, Internal Revenue Service, transmitting keting Agency, Science and Technology Pro- Cigarette Labeling and Advertising Act, pur- the Service’s final rule—Changes in account- grams, Department of Agriculture, transmit- suant to 15 U.S.C. 1337(b); to the Committee ing periods and in methods of accounting. ting the Department’s final rule—Plant Va- on Energy and Commerce. (Rev. Proc. 2005-47) received August 10, 2005, riety Protection Office, Fee Increase [Doc. 4598. A letter from the Acting Assistant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. ST-05-02] (RIN: 0581-AC42) received Sep- Secretary for Legislative Affairs, Depart- mittee on Ways and Means.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—HOUSE 23143 4609. A letter from the Chief, Regulations or practice of denying military recruiting By Mr. GARRETT of New Jersey: Unit, Internal Revenue Service, transmitting personnel entry to campuses, access to stu- H.R. 4081. A bill to ensure that emergency the Service’s final rule—Value of Life Insur- dents on campus, or access to student re- appropriation funds for hurricane assistance ance Contracts when Distributed from a cruiting information, pursuant to 10 U.S.C. relief are used only for individuals in af- Qualified Retirement Plan [TD 9223] (RIN: 983; jointly to the Committees on Armed fected areas; to the Committee on Transpor- 1545-BC20) received September 1, 2005, pursu- Services and Education and the Workforce. tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4620. A letter from the Inspector General, By Ms. HART (for herself, Mr. NEAL of on Ways and Means. Department of Health and Human Services, Massachusetts, Mr. REYNOLDS, Mr. 4610. A letter from the Chief, Publications transmitting a report on the adequacy of re- ENGLISH of Pennsylvania, Mr. and Regulations Branch, Internal Revenue imbursement rate under the new method- HAYWORTH, and Mr. GERLACH): Service, transmitting the Service’s final ology for Medicare reimbursement of drugs H.R. 4082. A bill to permit biomedical re- rule—Returns Prepared For or Executed by and biologicals, pursuant to 42 U.S.C. 1395w– search corporations to engage in certain Secretary (Rev. Rul. 2005-59) received Sep- 3a note Public Law 108–173, section financings and other transactions without tember 8, 2005, pursuant to 5 U.S.C. 303(c)(3)(B); jointly to the Committees on incurring limitations on net operating loss 801(a)(1)(A); to the Committee on Ways and Energy and Commerce and Ways and Means. carryforwards and certain built-in losses, Means. 4621. A letter from the Secretary, Depart- and for other purposes; to the Committee on 4611. A letter from the Chief, Publications ment of Health and Human Services, trans- Ways and Means. and Regulations Branch, Internal Revenue mitting the Administration’s draft proposal By Mr. GOODE (for himself, Mr. HUN- Service, transmitting the Service’s final that would protect and strengthen the fi- TER, Mr. GINGREY, Mr. HAYWORTH, rule—Determination of Interest Rate (Rev. nancing of the Medicare program, as de- Mr. ROGERS of Alabama, Ms. FOXX, Rul. 2005-62) received September 8, 2005, pur- scribed in the President’s fiscal year 2006 Mr. BARRETT of South Carolina, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Budget; jointly to the Committees on Energy JONES of North Carolina, Mr. GAR- mittee on Ways and Means. and Commerce and Ways and Means. RETT of New Jersey, Mr. TANCREDO, 4612. A letter from the Acting Chief, Publi- 4622. A letter from the Secretary, Depart- Mr. NORWOOD, Mr. DEAL of Georgia, cations and Regulations Branch, Internal ment of Health and Human Services, trans- Mr. DAVIS of Kentucky, Mr. SUL- Revenue Service, transmitting the Service’s mitting a waiver of certain Medicare, Med- LIVAN, Mr. BROWN of South Carolina, final rule—Additional Relief for Certain Em- icaid, and State Children’s Health Insurance Mr. WILSON of South Carolina, Mr. ployee Benefit Plans as a Result of Hurri- Program Requirements, pursuant to 42 SAM JOHNSON of Texas, Mr. CULBER- cane Katrina [Notice 2005-60] received Sep- U.S.C. 1320b–5 Public Law 107–188, section SON, Mr. POE, Mr. CARTER, Mr. ROHR- tember 23, 2005, pursuant to 5 U.S.C. 143(a)(1135)(f); jointly to the Committees on ABACHER, Mr. RADANOVICH, Mr. 801(a)(1)(A); to the Committee on Ways and Ways and Means and Energy and Commerce. HOSTETTLER, Mr. SESSIONS, and Mr. Means. 4623. A letter from the Fiscal Assistant KING of Iowa): 4613. A letter from the Acting Chief, Publi- Secretary, Department of the Treasury, H.R. 4083. A bill to direct the Secretary of cations and Regulations Branch, Internal transmitting the Department’s March 2005 Homeland Security to construct a fence Revenue Service, transmitting the Service’s ‘‘Treasury Bulletin,’’ pursuant to 26 U.S.C. along the southern border of the United final rule—Last-in, first-out inventories. 9602(a); jointly to the Committees on Ways States; to the Committee on Homeland Secu- (Rev. Rul. 2005-45) received August 11, 2005, and Means, Transportation and Infrastruc- rity. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture, Resources, Energy and Commerce, Edu- By Mr. HERGER: mittee on Ways and Means. cation and the Workforce, and Agriculture. H.R. 4084. A bill to amend the Forest Serv- 4614. A letter from the Acting Chief, Publi- f ice use and occupancy permit program to re- cations and Regulations Branch, Internal store the authority of the Secretary of Agri- Revenue Service, transmitting the Service’s PUBLIC BILLS AND RESOLUTIONS culture to utilize the special use permit fees final rule—Converting an IRA Annuity to a Under clause 2 of rule XII, public collected by the Secretary in connection ROTH IRA [TD 9220] (RIN: 1545-BE66) re- with the establishment and operation of ma- ceived August 23, 2005, pursuant to 5 U.S.C. bills and resolutions were introduced rinas in units of the National Forest System 801(a)(1)(A); to the Committee on Ways and and severally referred, as follows: derived from the public domain, and for Means. By Mrs. MALONEY: other purposes; to the Committee on Agri- 4615. A letter from the Acting Chief, Publi- H.R. 4077. A bill to provide additional fund- culture, and in addition to the Committee on cations and Regulations Branch, Internal ing to prevent sexual assaults in the mili- Resources, for a period to be subsequently Revenue Service, transmitting the Service’s tary; to the Committee on Armed Services. determined by the Speaker, in each case for final rule—Examination of returns and By Mr. NORWOOD (for himself and Mr. consideration of such provisions as fall with- claims for refund, credit or abatement; de- WHITFIELD): in the jurisdiction of the committee con- termination of tax liability (Rev. Proc. 2005- H.R. 4078. A bill to amend part B of title cerned. 64) received August 23, 2005, pursuant to 5 XVIII of the Social Security Act to establish By Ms. HOOLEY: U.S.C. 801(a)(1)(A); to the Committee on a floor for Medicare physician payment rates H.R. 4085. A bill to amend the Elementary Ways and Means. for 2006 at the level for 2005; to the Com- and Secondary Education Act of 1965 to im- 4616. A letter from the Acting Chief, Publi- mittee on Energy and Commerce, and in ad- prove certain accountability and assessment cations and Regulations Branch, Internal dition to the Committee on Ways and Means, provisions; to the Committee on Education Revenue Service, transmitting the Service’s for a period to be subsequently determined and the Workforce. final rule—Administrative, Procedural, and by the Speaker, in each case for consider- By Mr. JINDAL: Miscellaneous (Rev. Proc. 2005-66) received ation of such provisions as fall within the ju- H.R. 4086. A bill to amend the Internal Rev- September 1, 2005, pursuant to 5 U.S.C. risdiction of the committee concerned. enue Code of 1986 to provide a tax credit for 801(a)(1)(A); to the Committee on Ways and By Mr. SULLIVAN (for himself, Mr. health insurance costs of eligible disaster re- Means. BURTON of Indiana, Mr. TANCREDO, lief recipients; to the Committee on Ways 4617. A letter from the Chairman, Inter- Mr. HAYWORTH, Mr. GOODE, Mr. JONES and Means. national Trade Commission, transmitting of North Carolina, Mr. HEFLEY, and By Ms. NORTON (for herself and Mr. the Commission’s report on investigation Mr. GARRETT of New Jersey): TOM DAVIS of Virginia): No. TA-204-12, entitled, ‘‘Steel: Evaluation of H.R. 4079. A bill to reduce the number of H.R. 4087. A bill to permit nonjudicial em- the Effectiveness of Import Relief,’’ pursuant visa overstays and to ensure that illegal ployees of the District of Columbia courts, to 19 U.S.C. 2254(d)(3); to the Committee on aliens are apprehended, detained, and re- employees transferred to the Pretrial Serv- Ways and Means. moved as rapidly as possible; to the Com- ices, Parole, Adult Probation, and Offender 4618. A letter from the Chairman, United mittee on the Judiciary, and in addition to Supervision Trustee, and employees of the States International Trade Commission, the Committee on Homeland Security, for a District of Columbia Public Defender Service transmitting the eleventh annual report on period to be subsequently determined by the to have periods of service performed prior to the Andean Trade Preference Act (ATPA) en- Speaker, in each case for consideration of the enactment of the Balanced Budget Act of titled ‘‘Impact on U.S. Industries and Con- such provisions as fall within the jurisdic- 1997 included as part of the years of service sumers and on Drug Crop Eradication and tion of the committee concerned. used to determine the time at which such Crop Substitution,’’ pursuant to 19 U.S.C. By Mrs. CUBIN (for herself, Mr. employees are eligible to retire under chap- 3204; to the Committee on Ways and Means. OSBORNE, Mr. FORTENBERRY, and Mr. ter 84 of title 5, United States Code, and for 4619. A letter from the Under Secretary for TERRY): other purposes; to the Committee on Govern- Personnel and Readiness, Department of De- H.R. 4080. A bill to extend the contract for ment Reform. fense, transmitting the Department’s notifi- the Glendo Unit of the Missouri River Basin By Mr. PALLONE: cation to Congress of determinations that in- Project in the State of Wyoming; to the H.R. 4088. A bill to impose limitations on stitutions of higher education have a policy Committee on Resources. the use of eminent domain for purposes of

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economic development; to the Committee on H.R. 923: Mr. MARCHANT, Mr. HALL, Mr. H.R. 3717: Mr. RUPPERSBERGER, Mr. BART- the Judiciary, and in addition to the Com- FORD, Mr. MILLER of Florida, and Mr. BISHOP LETT of Maryland, Mrs. SCHMIDT, Mr. mittee on Financial Services, for a period to of Georgia. MCKEON, and Mr. JINDAL. be subsequently determined by the Speaker, H.R. 949: Mr. CASTLE. H.R. 3752: Mr. THOMPSON of Mississippi. in each case for consideration of such provi- H.R. 983: Mr. BLUMENAUER. H.R. 3774: Ms. CORRINE BROWN of Florida, sions as fall within the jurisdiction of the H.R. 1059: Mr. DINGELL. Mr. EVANS, and Mr. BERMAN. committee concerned. H.R. 1227: Mr. SCHWARZ of Michigan, Mr. H.R. 3776: Mr. SHADEGG and Mr. GOODE. By Mr. POE (for himself, Mr. SIMMONS, GILCHREST, and Mr. KING of New York. H.R. 3806: Mr. SHADEGG. Mr. MCCOTTER, Mr. GOODE, Mr. H.R. 1245: Mr. FRELINGHUYSEN. H. R. 3858: Mr. WU, Mr. TIERNEY, Mr. LEWIS TERRY, Mr. PETRI, Mr. SAM JOHNSON H.R. 1298: Mr. DOYLE. of Georgia, Ms. EDDIE BERNICE JOHNSON of of Texas, Mr. MCHENRY, Mr. WAMP, H.R. 1498: Mr. SALAZAR, Mr. CLAY, Mr. Texas, Mr. EVANS, Mr. SCHWARZ of Michigan, Mr. FEENEY, Mr. CHABOT, Mr. GUT- WOLF, Mr. BISHOP of New York, and Mr. Mrs. LOWEY, and Ms. WATSON. KNECHT, Mr. RYAN of Wisconsin, Mr. LOBIONDO. H.R. 3870: Mr. INGLIS of South Carolina. NEUGEBAUER, Mr. SODREL, Mr. CUL- H.R. 1597: Mr. ANDREWS. H.R. 3889: Mrs. CUBIN, Mr. CHABOT, Mr. SIM- BERSON, Mr. PITTS, Mr. AKIN, Mr. H.R. 1615: Ms. LINDA T. SAN´ CHEZ of Cali- MONS, and Mr. SHADEGG. FORTUN˜ O, Mr. FLAKE, Mr. PENCE, Mr. fornia. H.R. 3910: Mr. AKIN. HENSARLING, and Mr. WELDON of Flor- H.R. 1631: Mr. COSTA. H.R. 3931: Mr. DAVIS of Florida, Mr. ENGEL, ida): H.R. 1688: Mr. MILLER of North Carolina. Mr. PRICE of North Carolina, Mr. CLYBURN, H.R. 4089. A bill to require Government H.R. 1736: Mrs. KELLY. Mr. CLAY, and Mr. LOBIONDO. credit card bills to be made available to the H.R. 1951: Mr. PORTER, Mr. MARKEY, Mr. H.R. 3938: Mr. ROYCE and Mr. MARCHANT. public, and for other purposes; to the Com- SESSIONS, and Mr. OBERSTAR. H.R. 3943: Mr. MILLER of Florida, Mr. mittee on Government Reform. H.R. 1952: Mrs. MALONEY. ISTOOK, Mr. COBLE, and Mr. DENT. By Mr. MCCRERY: H.R. 1973: Mr. FARR. H.R. 3944: Mr. BOEHLERT. H. Res. 501. A resolution providing for the H.R. 2045: Mr. UPTON. H.R. 3947: Mr. UPTON. concurrence by the House with amendments H.R. 2051: Mr. BURGESS, Ms. JACKSON-LEE H.R. 3957: Mr. DICKS and Mr. GREEN of Wis- in the amendment of the Senate to H.R. 3971; of Texas, Mr. MCHUGH, and Mr. LEVIN. consin. considered and agreed to. H.R. 2259: Ms. BERKLEY. H.R. 3974: Mr. BERRY, Mr. BARROW, and Mr. By Mr. LATOURETTE (for himself and H.R. 2335: Mr. TANNER and Mr. SOUDER. MCCAUL of Texas. Mr. RYAN of Ohio): H.R. 2337: Mr. RENZI. H.R. 3979: Mr. GIBBONS. H. Res. 502. A resolution expressing the H.R. 2357: Mr. SCHWARZ of Michigan. H.R. 3985: Mr. PAUL and Mr. FORTUN˜ O. sense of the House of Representatives with H.R. 2391: Mr. CONYERS and Mr. BLUMEN- H.R. 4008: Mr. DUNCAN, Mr. SALAZAR, Mr. respect to the senseless and unwarranted AUER. ABERCROMBIE, and Mr. BURTON of Indiana. criminal prosecution of 2nd Lt. Erick J. An- H.R. 2410: Mr. NEAL of Massachusetts. H.R. 4023: Mr. BURTON of Indiana, Mrs. derson, United States Army; to the Com- H.R. 2567: Mr. FRELINGHUYSEN and Mr. EMERSON, Mr. ENGLISH of Pennsylvania, Mr. mittee on Armed Services. ROTHMAN. Gonzalez, Mr. HALL, Mr. HINOJOSA, Mr. KUCI- By Mr. MCCOTTER: H.R. 2646: Mr. BASS. NICH, Mr. MEEKS of New York, Mr. MICHAUD, H. Res. 503. A resolution condemning the H.R. 2694: Mr. THOMPSON of Mississippi. Mr. SANDERS, Ms. LINDA T. SA´ NCHEZ of Cali- actions taken by the Government of Cam- H.R. 2717: Mr. LANGEVIN, Mr. GENE GREEN fornia, Mr. STRICKLAND, Mr. WYNN, Mr. eroon against Henry Fossung and others, and of Texas, Ms. MILLENDER-MCDONALD, Mr. LEVIN, Mr. BACA, Mr. PAYNE, Ms. LEE, Mr. for other purposes; to the Committee on TOWNS, Mr. SERRANO, and Mrs. EMERSON. SKELTON, and Ms. VELA´ ZQUEZ. International Relations. H.R. 2793: Mr. PETERSON of Minnesota, Mr. H.R. 4049: Mr. HONDA. LARSEN of Washington, Mr. FILNER, and Mr. f H.J. Res. 54: Mr. GARRETT of New Jersey. THORNBERRY. H.J. Res. 55: Mr. MEEKS of New York. ILSON MEMORIALS H.R. 2803: Mr. W of South Carolina. H. Con. Res. 10: Mr. FRANK of Massachu- H.R. 2842: Mr. WELDON of Florida. setts. Under clause 3 of rule XII, memorials H.R. 2892: Mr. DAVIS of Kentucky and Mr. H. Con. Res. 174: Mr. PICKERING. were presented and referred as follows: FILNER. H. Con. Res. 190: Mr. PENCE, Ms. ROS- H.R. 2989: Ms. BERKLEY. 180. The SPEAKER presented a memorial LEHTINEN, and Mr. ISSA. H.R. 3096: Mr. BAIRD and Mr. MCGOVERN. of the Legislature of the State of Texas, rel- H. Con. Res. 231: Mr. UDALL of Colorado H.R. 3137: Mr. BLUNT, Mr. SHIMKUS, Mrs. ative to House Concurrent Resolution No. 15, and Mr. DEFAZIO. BLACKBURN, Mr. BRADY of Texas, Mr. urging the Congress of the United States to H. Con. Res. 251: Mr. SCHWARZ of Michigan, MCCRERY, Mr. ROHRABACHER, and Mr. support the American Veterans Home Own- Mr. PASTOR, Mr. MILLER of Florida, and Mr. WICKER. ership Act of 2005; to the Committee on Ways CONAWAY. H.R. 3146: Mr. LANGEVIN. and Means. H. Con. Res. 252: Mr. DREIER, Mr. OXLEY, H.R. 3147: Mr. MILLER of Florida. f and Mr. KOLBE. H.R. 3174: Mr. REYES. H. Res. 85: Mr. DUNCAN and Mr. WHITFIELD. ADDITIONAL SPONSORS H.R. 3273: Mr. GILCHREST. H. Res. 447: Mr. CONYERS. H.R. 3301: Mr. POMBO. Under clause 7 of rule XII, sponsors H. Res. 477: Ms. DELAURO and Mr. KILDEE. H.R. 3333: Mr. BEAUPREZ. H. Res. 485: Mr. SNYDER, Mr. ORTIZ, Mr. were added to public bills and resolu- H.R. 3361: Mr. BERMAN. PETERSON of Minnesota, and Mr. CONYERS. tions as follows: H.R. 3505: Mr. SOUDER. H. Res. 499: Mr. EVANS. H.R. 37: Mr. FITZPATRICK of Pennsylvania. H.R. 3520: Ms. GINNY BROWN-WAITE of Flor- H.R. 278: Mr. FEENEY. ida and Ms. CARSON. H.R. 303: Mr. RENZI. H.R. 3555: Mr. CROWLEY and Mr. SCOTT of f H.R. 475: Mr. SHAYS. Virginia. H.R. 503: Mr. AL GREEN of Texas. H.R. 3561: Mr. FALEOMAVAEGA, Ms. HER- PETITIONS, ETC. H.R. 515: Mr. ENGLISH of Pennsylvania. SETH, Ms. NORTON, Ms. MILLENDER-MCDON- Under clause 3 of rule XII, petitions H.R. 551: Mr. DAVIS of Illinois. ALD, Mr. FILNER, and Mrs. MALONEY. H.R. 567: Mr. LIPINSKI. H.R. 3630: Mr. SCHWARZ of Michigan. and papers were laid on the clerk’s H.R. 596: Mrs. SCHMIDT. H.R. 3664: Mr. THOMPSON of Mississippi. desk and referred as follows: H.R. 698: Mr. BARRETT of South Carolina, H.R. 3684: Mrs. BLACKBURN. 73. The SPEAKER presented a petition of Mrs. MUSGRAVE, and Mr. MCHUGH. H.R. 3698: Ms. BERKLEY, Ms. ROYBAL- the City of Evanston, Illinois, relative to H.R. 756: Mr. FITZPATRICK of Pennsylvania. ALLARD, Mr. BISHOP of Georgia, and Mr. Resolution No. 50–R–05, urging the return of H.R. 856: Mr. PLATTS. HONDA. United States Troops from Iraq; which was H.R. 874: Mr. PUTNAM. H.R. 3711: Ms. WASSERMAN SCHULTZ and Ms. referred to the Committee on International H.R. 896: Mr. BUTTERFIELD. LEE. Relations.

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The Senate met at 9:30 a.m. and was have two votes in relation to the min- decreed so. Saddam killed Kurds be- called to order by the President pro imum wage issue today. I hope we can cause of their ethnicity. And he killed tempore (Mr. STEVENS). schedule those votes early. Shiites because of their religion, We need to make substantial Sunnis for their political views. Even PRAYER progress on the underlying bill today, babies and toddlers fell victim to the The Chaplain, Dr. Barry C. Black, of- and I hope we can get back to amend- firing squad. fered the following prayer: ments pertaining to matters within the As Prime Minister al-Jafari said yes- Let us pray. scope of the bill. The two managers terday, there will be no tears for Sad- Eternal Spirit, who seeks and finds have been on the floor since Monday, dam Hussein. But most surely, there us, let Your light shine on us today. and I know they are prepared to bring will be tears for the hundreds of thou- May its bright beams provide us with this bill to a close as soon as possible. sands of lives he crushed and destroyed answers to our questions, assurances I would reiterate again that we will with utter ruthlessness. for our doubts, strength for our weak- finish this bill this week, with votes on The trial of Saddam will reveal to ness, and vision for our duty. Friday if necessary. the Iraqis and to the world the full ex- Illuminate the path of our Senators In addition to the Transportation- tent of his brutality. And as the crimes with the clarity of Your wisdom, so Treasury appropriations bill, we con- are tallied and recorded, he will face that whatever they say or do will bring tinue to move forward with resolve to the full judgment of the people and the honor to You. meet our overall governing responsibil- uncompromising judgment of history. Make our lives shining lights of Your ities. Given the significant, unexpected I am confident justice will be served goodness that people will see our faith- expenditures for Katrina, the Senate and that Saddam and his henchmen ful labors and glorify Your name. Help will meet the challenge of making will be treated fairly and appro- us to live to bless others. tough choices about spending prior- priately. And I am hopeful the process We pray in the Spirit of Him who is ities. Most of my days, and the days of will be an opportunity for the Iraqi the light of the world. Amen. my leadership colleagues, have been people to experience some measure of spent in helping pull people together, catharsis and closure on a dark and f in making those tough choices which terrible chapter in their history. PLEDGE OF ALLEGIANCE are focused on restraining Government I commend them for their courage to The PRESIDENT pro tempore led the spending. restrain the desire for vengeance and Pledge of Allegiance, as follows: That does start at home in this body. to commit to the rule of law. It cannot Thus, yesterday the Senate overwhelm- be easy. Saddam’s abuse ran deep and I pledge allegiance to the Flag of the United States of America, and to the Repub- ingly voted to eliminate congressional ran wide. But by granting him a fair lic for which it stands, one nation under God, pay raises. I believe that was an appro- trial—an opportunity to answer the indivisible, with liberty and justice for all. priate action. It shows we are serious charges—the Iraqi people are showing as we look for savings throughout the that Saddam’s brutality was born of f Government, and it starts at home in his nature and not theirs. RESERVATION OF LEADER TIME this body. Cicero once said: The PRESIDENT pro tempore. Under Eight committees of the Senate are Let us remember that justice must be ob- the previous order, the leadership time hard at work doing the exact same served even to the lowest. is reserved. thing, and that is prioritizing. I thank Today, let it be said that justice will and commend the committees and be observed even by the once mighty. f their chairs and ranking members—the Mr. President, I yield the floor. MORNING BUSINESS HELP Committee, the Banking Com- f mittee, the Environment and Public The PRESIDENT pro tempore. Under Works Committee—for their success RECOGNITION OF THE ACTING the previous order, there will be a pe- yesterday in meeting those goals set MINORITY LEADER riod for the transaction of morning out in the budget. I thank the chair- The PRESIDENT pro tempore. The business for up to 60 minutes, with the men and the committee members for acting Democratic leader is recognized. first half of the time under the control their tremendous progress to date. Mr. DURBIN. Thank you, Mr. Presi- of the Democratic leader or his des- dent. ignee and the second half of the time f under the control of the Republican SADDAM HUSSEIN TRIAL f leader or his designee. Mr. FRIST. Mr. President, today be- IRAQ AND THE INTERNATIONAL f gins what is no less than the trial of STRATEGIC ENVIRONMENT the century, the trial of Saddam Hus- Mr. DURBIN. Mr. President, Sec- RECOGNITION OF THE MAJORITY sein. retary of State Condoleezza Rice is tes- LEADER For the first time in recent history, a tifying today at the Senate Foreign The PRESIDENT pro tempore. The former leader will stand before his own Relations Committee. She will be majority leader is recognized. people to be judged and tried for his meeting with the full Senate later for a f crimes against humanity. For the first classified briefing. time, the Iraqi people will hear and I am sure one of the topics that will SCHEDULE watch the ‘‘Butcher of Baghdad’’ an- be discussed at length will be the Iraqi Mr. FRIST. Mr. President, this morn- swer for 23 years of terror. constitutional referendum of this last ing we will start with a 60-minute pe- Saddam’s crimes are surpassed only Saturday. That vote was an important riod for morning business. Following by the Rwandan genocide, Pol Pot’s milestone. The voting by so many that time, at approximately 10:45 or so, killing fields, and the tyrannies of Hit- Iraqis was again a demonstrable act of we will return to the pending business, ler, Mao, Stalin, and Kim Jong Il. courage. It is my most sincere hope which is the Transportation-Treasury- Egyptians, Kuwaitis, and Iranians that in the months to come, the polit- HUD appropriations bill. We expect to were put to death simply because he ical process in Iraq moves forward,

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

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23146 CONGRESSIONAL RECORD—SENATE October 19, 2005 that a stable government takes control injured increases as well, do we have a argue—and I think convincingly—that in Iraq, and that Iraq takes control of clear plan in place? At what moment in it has made the world a more dan- its own future. time will the Iraqi Army battalions be gerous place. It has created a training But similar to many of my col- prepared to step forward so that Amer- ground for terrorism in Iraq where in- leagues, and a growing majority of icans can step back? At what point in surgents come from surrounding coun- Americans, we will not be satisfied time will the Iraqi police force, the tries to train themselves in killing with the status quo or the stay-the- Iraqi security forces, say, ‘‘We can now American soldiers, to go out and do course answers that we hear over and control our own country and now even worse to Americans and others all over from the White House when it Americans can go home’’? around the world. comes to the situation in Iraq. The This administration gives us the va- The only reason left for this war was most fundamental questions we have to guest notion that it is somehow wrong the removal of Saddam Hussein. Two- ask of this President and this adminis- to think about when that date may thirds of Americans, when they meas- tration are, What is your plan for vic- come. Perhaps it is wrong to announce ure that benefit against the enormous tory? What is your plan for success? it but not to have a plan to reach it. It cost in blood and treasure, conclude it What is your plan to bring American is something that concerns me. may not have been worth that price. troops home from Iraq? A few weeks ago, Generals Casey and Nearly $200 billion has been spent, It now seems evident that the con- Abizaid told a meeting in Congress nearly 2,000 Americans have been stitution will pass. It also seems evi- that only one battalion was prepared killed, and the pricetag goes up every dent that despite substantial opposi- to stand and fight by itself in Iraq day in terms of American lives and tion from the Sunni minority, no prov- today—only one battalion of the Iraqi American treasure. ince will reject this constitution or, if Army. It is a far cry from 150,000-plus Our national interest has suffered in any do, there will not be enough to, in American soldiers who stand and fight other ways as well. The war has altered fact, reject the whole document. today, who risk their lives today. the international strategic environ- Sunnis make up 20 percent of the Today, the trial of Saddam Hussein is ment to our disadvantage. Let’s begin population but 90 percent of the insur- beginning. We were greeted this morn- with Iran. Iran gives every sign that it gency in Iraq. Sectarian violence is ing with all the major news organiza- is determined to acquire nuclear weap- claiming the lives of thousands of tions showing the closed-circuit video- ons. Such a development threatens re- Iraqis. We can’t even calculate how tape and film of the trial. It is a good gional stability and our own national many. Some are fearful that this coun- thing that he is standing trial because security. It is not in our interest or the try could still fall apart. he is a vicious murderer, a thug, and a world’s interest. In August, the Bush Saturday’s election is no guarantee monster of a human being. administration went to the diplomats of long-term democracy in Iraq, but it However, Americans are questioning, of more than a dozen countries and pre- was an important step forward and one still, whether or not we have paid too sented an hour-long slide show on that I applaud. The government that heavy a price for this day to have ar- Iran’s nuclear program. This Power- may now emerge needs to build legit- rived and asking of this administra- Point briefing incorporated satellite imacy in Iraq and with its neighbors. It tion, now that he is standing trial: How imagery and other data to try to con- needs to take back control of its coun- much longer will we be standing trial vince other nations that Iran’s nuclear try from insurgency, chaos, and law- in Iraq as we wait for the outcome each program is aimed at producing weap- lessness so that American troops can day of the bloody fighting? ons, not energy. But who could look at come home. What has changed since May of 2003 such a slide show and not think back Iraq cannot succeed if the Sunnis— is that the costs of the war have risen, to February 2003, when Secretary of one in five of the Iraqis—feel disen- are still climbing; the trust the Amer- State Colin Powell made a similar case franchised and alienated. It is a chal- ican people have placed in the Presi- to the United Nations about the exist- lenge to their leaders to put together a dent has been shaken. What has also ence of weapons of mass destruction in government now that truly reflects changed is, while the cost of war con- Iraq? An embarrassing moment. That their country, to build not just a coali- tinues to grow, the alleged justifica- was, in my opinion, the low point in a tion of tribes but a nation. This must tions for the war have multiplied, and very distinguished and noble public ca- happen because the cost of destroying the clarity of our purpose has dimin- reer of national service of Secretary of and now replacing the governing re- ished dramatically. This is a terrible State Colin Powell. Indeed, it was the gime in Iraq has been so costly. and tragic combination. stature of Secretary Powell alone that Saturday was a good day in Iraq, for Saddam was a monster. That is true. lent such force to that argument. To sure. But the elections last January 30 But we must never forget that of all learn later that the facts were not also represented a good day for Iraq, the many reasons given to us by this there had to be a crushing blow to this and 543 Americans have lost their lives administration to invade Iraq, the evil man who has given so much to Amer- in Iraq since that election last Janu- nature of Saddam was the only one ica. ary. Mr. President, 15,063 American that has proven true. Except for the Two years later we found no weapons service men and women have been brutality of Saddam Hussein—as bad as of mass destruction. Mohamed wounded in Iraq, and 1,979 Americans it was, as horrible as it was—all the ElBaradei and the International Atom- have been killed. We are closing in on other reasons for going to war the ad- ic Energy Agency told us there were no that awesome figure of 2,000 of our best ministration put forth turned out not weapons of mass destruction. We ig- and bravest soldiers having given their to be accurate. There were no weapons nored them. They asked for more time lives in Iraq. of mass destruction. We still, many to prove their point; we rejected it. The Iraq passed an important milestone years later, have found no evidence of Bush administration decided we had to Saturday with the constitutional ref- that claim, made over and over and invade. We couldn’t wait for allies. We erendum. The process was a refreshing over again at the highest levels of this couldn’t wait for proof. We couldn’t demonstration of democracy at work in administration. wait. Now ElBaradei and the IAEA a region unaccustomed to such a dis- The 9/11 Commission showed us there have been proven right and recently play of civic participation. But the was no support for al-Qaida in Iraq. Yet were awarded the Nobel Peace Prize. product, some have argued, is flawed. as recently as last Sunday, Secretary The damage to our national credi- Nonetheless, Iraqis, with their vote, of State Condoleezza Rice tried to bility by presenting a distorted case for have taken a step in this political proc- again link al-Qaida and 9/11 with Sad- the war has been severe. Our ability to ess forward. This opportunity for Iraq dam Hussein. persuade the international community has come at a high cost for America. The 9/11 Commission made it clear, is now diminished. So is our ability to As the number of Americans killed there is no linkage. The war has not in- draw in allies to join us in this effort. continues to grow, and the number of creased our own security. Some can And the beneficiaries of our policies

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23147 sadly have been many rogue nations. Iraq is in their interest as well as ours they can return home to a hero’s wel- Like the boy who cried wolf, America and that they must assume some of the come and to their families who wait now must overcome the damage done risk and burden of this enterprise. That anxiously for that day. to our credibility by false claims that is no easy sell, given the way we have I yield the floor. we laid before the world as the jus- approached this war to date. But it is The PRESIDING OFFICER (Mr. VIT- tification for the invasion of Iraq. At an effort that we must undertake, TER). The Senator from Delaware. the same time, the dangers of ter- along with the Iraqis themselves. f rorism to our Nation, our personnel, The President needs to let the Iraqi HURRICANE KATRINA RESPONSE and citizens abroad, and our friends people know that we will not remain and allies have grown. The war in Iraq indefinitely in Iraq, and communicate Mr. CARPER. Mr. President, today I drained away financial resources, mili- that message to the rest of the world rise to discuss how we could be doing tary forces, and intelligence experts as well. The Iraqi government and its better in our response to Hurricane from the war on terror. Osama bin security forces need to prepare for as- Katrina. I just spoke with one of Lou- Laden still remains at large, over 4 suming all the functions expected of isiana’s Senators coming over to the years after September 11. Where terror- them by a free and sovereign Iraqi peo- Chamber to speak, and the word that I ists once had training camps to hone ple to defend their own nation so heard with respect to the situation on the ground, particularly the response their skills, they now have a war itself American troops can come home. The of FEMA to the ongoing crisis, was dis- in Iraq. Sadly, our soldiers are their administration’s admission, however, couraging. We can do better. We have targets. that only one battalion of the Iraqi to be able to do better for the people Recently, the Director of National army is capable of operating on its own there and for those who are footing the Intelligence released a letter appar- does not really bring us any closer to ently from Ayman al-Zawahiri, the No. bill, the taxpayers. meeting this goal. It is the responsi- Hurricane Katrina was truly an un- 2 leader in al-Qaida, to Mr. al-Zarqawi, bility of the administration to make it precedented event. It was in all likeli- the group’s top agent in Iraq. The let- clear why we have not done better in hood the worst natural disaster in our ter provides a chilling portrait of a training and preparing Iraqi soldiers to Nation’s history. It was certainly the cold-blooded terrorist. I know many replace American soldiers, and it is the worst natural disaster I have witnessed people will try to use this letter to so- responsibility of this administration to in my lifetime. I can understand then lidify their arguments of why we need train Iraqi security forces so that, in that there might be some mistakes to stay in Iraq. I don’t advocate a pre- fact, our soldiers can come home. It is made, that there might not be easy so- cipitous tomorrow-like withdrawal time for the people and leaders of Iraq lutions to some of the problems faced from Iraq. I think that would be disas- to take control of their own country by millions of Americans directly af- trous. But the Zawahiri letter is one and their own destiny. fected by this storm. But I believe more piece of evidence that Iraq has We are not abandoning Iraq. Indeed, there are too many key areas where we now become a center of terrorist activ- we and Iraqis themselves must reach have experienced clear failures that ity, whereas before the war it was not. out to other partners, especially the just cannot be shrugged off. We have The horrible irony of this war is that predominantly Muslim countries, to all heard about the slow initial re- President Bush’s invasion has created collaborate in the consolidation of sponse to the storm. We have also more energy behind terrorism in the Iraqi security and democracy. We are heard about the no-bid contracts that Middle East. not setting a date for departure. We are probably weren’t necessary. But I am The President is offering America a simply letting the Iraqis know, in the going to speak for a few minutes today false choice when he says we have to clearest possible terms, that we intend about a truly distressing failure that is decide between resolve and retreat in to bring our forces home. Reminding leading to hardship among Katrina Iraq. We must not just withdraw, but all concerned that we will not stay re- evacuees and is also wasting a lot of we cannot simply stay the same course futes the assertion that we intend to Federal taxpayer dollars. that has brought us to this place in establish permanent military bases in As my colleagues are aware, hun- time. If we simply withdraw now, the Iraq, an allegation that, unfortunately, dreds of thousands of gulf coast resi- current instability in Iraq would bal- fuels the insurgency. dents have seen their homes severely loon into a full civil war, and we will We should do nothing that would damaged. Too many have seen them have produced another failed state, mislead the Iraqis into thinking they completely destroyed. Many of these owned and operated by terrorists like have unlimited time to take control of people are still living far away from the Taliban in Afghanistan. If we just their own destiny. An unending Amer- home, with little or no hope of return- keep doing what we have been doing, ican occupation is neither in Iraq’s in- ing to their communities any time we will continue to spend American tax terest nor in ours. If the Iraqis made soon, if ever. FEMA has moved swiftly dollars and, more importantly, sac- progress on Saturday, moving toward a in recent weeks to move Katrina evac- rifice the lives of our brave soldiers. constitution, moving toward a govern- uees out of temporary mass shelters We must take positive action to try to ment, moving toward a nation, we that we saw in places such as the As- alter the strategic equation that has must tell them that there is a responsi- trodome in Houston. The problem is fueled terrorism and placed a heavy bility of nationhood that goes beyond that many evacuees are still living in strain on our Army, National Guard, the obvious establishment of govern- hotels today, waiting for FEMA to and Reserves, constrained our options ment. The most important responsi- move them to longer term temporary toward Iran and North Korea, and cost bility is to secure your own borders, to housing. There have been a number of us nearly 2,000 American lives in Iraq. protect your own people, to provide for media reports recently that FEMA is Diplomacy has to be part of this new the common defense of your own na- currently spending millions of dollars campaign. Our military leaders make tion. Now that is a responsibility that every day to house hundreds of thou- it clear, they cannot defeat the insur- must be shouldered by the Iraqis. If we sands of these evacuees in hotels gency. The way to defeat insurgency is are uncertain in speaking to this new around our country. The total cost of politically and economically and dip- Iraqi government about our plans and this program, according to the Wash- lomatically. Right now there are al- our timetable in Iraq, then I think ington Post this morning, will likely most no troops from Muslim nations they will count on American soldiers approach $200 million by the end of this who are fighting at the side of the Iraqi to be there risking their lives indefi- month alone. Worse yet, FEMA has ap- government. There are almost no Arab nitely. That is unacceptable. parently not even been keeping track diplomats in Iraq. Secretary of State This administration has to make it of the number of evacuees in hotels. Condoleezza Rice must reach out to the clear that Iraqi army soldiers are pre- I ask unanimous consent that several Arab gulf states and others and con- pared to shoulder that burden and to articles on this subject be printed in vince them that a secure and stable give relief to American soldiers so that the RECORD.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23148 CONGRESSIONAL RECORD—SENATE October 19, 2005 There being no objection, the mate- feasance here. But . . . the notion that the by FEMA. Now Red Cross officials are saying rial was ordered to be printed in the Red Cross simply cannot track where the there is no end to the initiative, which pays RECORD, as follows: money is going feeds into this growing con- for 192,424 rooms in 9,606 hotels across the cern that charities cannot be trusted to United States, in a range of cities as diverse [From the Washington Post, Oct. 19, 2005] spend their money wisely.’’ as Casper, Wyo., and Anchorage, Alaska. A BIG CUT IN KATRINA’S HOTEL BILL Congress last month appropriated a $62.3 (By Jacqueline L. Salmon and Spencer S. [From the New York Times, Oct. 13, 2005] billion for the relief effort, most of it des- Hsu) $11 MILLION A DAY SPENT ON HOTELS FOR ignated for FEMA. The agency had told Con- PROGRAM EVACUEES WERE MISCOUNTED, RED STORM RELIEF gress that it expected to spend more than $2 billion to buy up to 300,000 travel trailers and CROSS SAYS (By Eric Lipton) mobile homes to house displaced residents. The American Red Cross said yesterday WASHINGTON, Oct. 12.—Straining to meet that it has vastly overstated the number— The agency also planned to give out $23.2 bil- President Bush’s mid-October deadline to lion in assistance to victims for emergency and potential cost—of Hurricane Katrina clear out shelters, the federal government evacuees staying in hotel rooms because of needs and for temporary housing and hous- has moved hundreds of thousands of evacuees ing repairs. errors in how it interpreted its data. from Hurricane Katrina into hotel rooms at Embarrassed officials from the charity ac- But the temporary housing program has a cost of about $11 million a night, a strat- knowledged that instead of housing 600,000 been troubled since the start, observers say. egy local officials and some members of Con- displaced people, the hotel program—paid for Instead of setting up as many as 30,000 trail- gress criticize as incoherent and wasteful. ers and mobile homes every two weeks, as of by the federal government—is housing 200,000 The number of people in hotels has grown Tuesday, just 7,308 were occupied. Even storm evacuees. by 60 percent in the past two weeks as some Red Cross officials attributed the error to counting berths on the four ships that FEMA shelters closed, reaching nearly 600,000 as of the misreading of daily reports from a con- has leased and rooms on military bases and Tuesday. Even so, relief officials say they sultant handling the hotel placements: Staff elsewhere, the agency has provided only cannot meet the deadline, as more than members mistook a cumulative tally of peo- 10,940 occupied housing units for victims in 22,000 people were still in shelters in 14 states ple who had lived in hotels to date for the the three Gulf states. on Wednesday. FEMA, reacting to criticism that it might daily hotel population. The reliance on hotels has been necessary, create super-concentrated slums, has scaled ‘‘Clearly, somewhere we went off the housing advocates say, because the Federal back plans to build so-called FEMA villes track,’’ said Armond Mascelli, Red Cross vice Emergency and Management Agency has had with up to 25,000 trailers. president for domestic response operations. Even a less ambitious plan—complexes Compounding the error, the Federal Emer- problems installing mobile homes and travel with 200 or so units—has been slow to unfold. gency Management Agency kept no inde- trailers for evacuees and has been slow to FEMA officials cite the reluctance by some pendent count of the program’s beneficiaries place victims in apartments that real estate rural parishes or landowners to welcome or its costs, said FEMA spokeswoman Mary- executives say are available throughout the evacuees. Margaret Walker. She said FEMA apparently southeast. Hotel costs are expected to grow to as But landowners and some state officials in was relying on the erroneous numbers as it much as $425 million by Oct. 24, a large ex- Louisiana blame bureaucratic fumbles by searched frantically for other housing op- pense never anticipated by the FEMA, which FEMA. Bill Bacque, co-owner of a trailer tions for evacuees. park in Lafayette, La., said he offered prop- The revision in the number of people in ho- is footing the bill. While the agency cannot say how that number will affect overall erty for 45 trailers within days of the storm. tels could cut in half the $425 million esti- Negotiations with FEMA were still under mate for the program. It is also prompting spending for storm relief, critics point out that hotel rooms, at an average cost of $59 a way this week, he said. ‘‘Things do not move FEMA to reevaluate long-term housing fast,’’ Mr. Bacque said. needs for storm evacuees, said spokeswoman night, are significantly more expensive than apartments and are not suitable for months- Late last month, FEMA began handing out Frances Marine. This month, FEMA’s acting $2,358 for three months so that families in director, R. David Paulison, estimated that long stays. Officials in cities from Dallas to Atlanta, shelters or hotels could rent apartments. 400,000 to 600,000 households will require mid- To date, more than 415,000 households have which are accommodating thousands of evac- to long-term housing. been approved for that aid, totaling $979 mil- uees, give credit for getting 90 percent of the The Red Cross said yesterday that it now lion. But FEMA officials cannot say how victims out of shelters. But they say they expects the program to cost about $220 mil- many families have used the money for are frustrated by FEMA’s record in helping lion. FEMA does not pay for hotel rooms apartments, or simply spent it on expenses place people in more adequate housing. until it gets receipts, so the error has not while also living in a government-financed ‘‘Deplorable. Disappointing. Outrageous. cost the agency, Marine said. hotel room. FEMA officials said 1.6 million people have That is how I feel about it,’’ said the Atlanta David Degruy, his wife, Debra, and their registered for assistance because of Hurri- mayor, Shirley Franklin, a Democrat, in a six children, of New Orleans, have done just cane Katrina and 700,000 people have sought telephone interview on Wednesday. ‘‘The fed- that while staying in two rooms paid for by help for damage caused by Hurricane Rita. eral response has just been unacceptable. It FEMA at the Greenway Inn and Suites in The hotel program, conceived by the Red is like talking to a brick wall.’’ Houston. Cross as shelters overflowed immediately Even conservative housing experts have ‘‘We’re trying to save the money so that after Katrina ravaged the Gulf Coast, has be- criticized the Bush administration’s han- when do get in a house we’ll be able to buy come the main housing program for evac- dling of the temporary housing response. ‘‘I things,’’ Mr. Degruy said. ‘‘We eat out some- uees. am baffled,’’ said Ronald D. Utt, a former times, we buy clothes, personal hygiene This week, FEMA told housing industry senior official at the Department of Housing things.’’ representatives that it plans to move storm and Urban Development and Reagan admin- Some officials criticize FEMA for a passive evacuees out of hotels and into a less costly istration aide who is now a senior fellow at approach in dealing with cities and hurri- rental-assistance program as soon as Dec. 1. the Heritage Foundation, the conservative cane evacuees. FEMA officials have concluded ‘‘that it’s research organization. ‘‘This is not incom- Representative Barney Frank, Democrat of going to be quite a while before a lot of peo- petence. This is willful. That is the only way Massachusetts, who sits on a House panel ple can actually go back. Therefore, keeping I can explain it.’’ that helps oversee the housing effort, com- people in hotels and motels for any extended Nicol Andrews, a FEMA spokeswoman, plained that it was unreasonable for the fed- period of time doesn’t make sense,’’ said Jim said the federal government was moving as eral government to expect that a family led Arbury, a senior vice president for the Na- quickly as it could to find temporary hous- by jobless parents, with no car, little savings tional Apartment Association and National ing. But the scale of the catastrophe has and little familiarity with a new city could Multi Housing Council. made it difficult, she said. independently find an apartment. Red Cross officials said they learned of the ‘‘Clearly we have never encountered the ‘‘The administration’s policy is incoherent error after a New York Times reporter alert- size and scope of a disaster like Hurricane and socially seriously flawed,’’ he said in an ed them to it Monday night. It comes as the Katrina,’’ she said. ‘‘Housing half a million interview. charity tries to raise $2 billion in private do- people is a challenge by any standard.’’ Real estate officials say that although nations to cover its costs of caring for The American Red Cross started the hotel there are few available apartments in Lou- Katrina victims, a figure that does not in- program days after Hurricane Katrina isiana, there are many vacancies in apart- clude the hotel program. struck, when it became clear that the shel- ment buildings across the South, including The blunder is a black eye for the Red ters it had opened were not adequate to deal perhaps 300,000 in Texas alone. Cross that could taint the entire nonprofit with the 600,000 to 700,000 families displaced ‘‘What are these guys doing?’’ Jim Arbury, sector, warned Paul Light, a New York Uni- by the storm, a spokeswoman, Carrie Martin, an official with the National Multi Housing versity professor of public service. said. Council, a group of building owners and man- ‘‘It’s hugely embarrassing for the sector,’’ The hotel program was intended to last a agers, said of FEMA. ‘‘All of this housing is Light said. ‘‘I don’t believe there is any mal- couple of weeks but has twice been extended available now.’’

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23149 Some housing experts say the Bush admin- FEMA hands money directly to storm vic- FEMA aid of all kinds, including home re- istration should follow the approach taken tims, instead of using housing vouchers or pairs, for Katrina victims. after the 1994 Northridge earthquake in Los payments to landlords as HUD does for some Andrews acknowledged that the trailer Angeles, when displaced residents were given low-income renters. Some families that left process is not moving as fast as the agency prepaid housing vouchers instead of having their homes with only what they could carry would like. She declined to comment on crit- to negotiate and pay a lease on their own. have used FEMA’s cash for food, clothing icism from the housing sector but noted that ‘‘We are wasting money hand over fist be- and transportation. FEMA is establishing huge new programs cause we did not deploy the right policy ‘‘We felt if we did the right thing, FEMA and that shelter populations have dropped 75 tools,’’ said Bruce Katz, a vice president at would step up and provide housing assistance percent in two weeks. the Brookings Institution, a liberal research for all these folks. Here we are four weeks The scale of Katrina’s exodus is immense group in Washington. ‘‘We could have thou- later, and a lot of these folks simply do not and growing. On Thursday, FEMA’s acting sands, if not tens of thousands of families, in have rent money to pay,’’ said Kirk H. Tate, director, R. David Paulison, increased the stable permanent housing right now. And we a member of Houston’s Katrina housing task agency’s estimate of the number of families would not have to turn to these costly meas- force and a parter at Orion Real Estate Serv- expected to need housing for up to several ures, like hotels, motels and cruise ships.’’ ices Inc., which manages 12,000 apartments months, from 300,000 to between 400,000 and Ms. Andrews, the FEMA spokeswoman, de- in the city. 600,000. fended the housing policy. ‘‘The program is Houston authorities welcomed 20,000 FEMA said Friday that the number of peo- designed to give those who it affects the Katrina households into rental units in as ple in temporary shelters, which Bush has most the control over their own lives,’’ she few as three or four days, mostly waiving de- pledged to clear by mid-October, has fallen said. posit and rent requirements, Tate said. ‘‘The to 31,500 from a peak of more than 300,000. Some cities, including Houston and San last thihg we want to have to do is ask for FEMA is providing rental assistance to Antonio, have taken an active role in help- them to move out when they can’t pay the 412,000 displaced households and has reg- ing families find housing by creating their rent,’’ he said, but property owners have istered 2 million storm victims. own voucher program, identifying vacant mortgages, utilities and expenses to pay and ‘‘The recovery process for Hurricane units, paying for six-month leases and then may need to start eviction proceedings by Katrina will be neither fast nor easy,’’ turning over the unit to the evacuees. FEMA month’s end. Paulison said. ‘‘Many . . . rightfully are con- has promised to reimburse the cities for the Benicha McCraney, 49, left New Orleans cerned about the cost, as we all are.’’ housing costs. two days before Hurricane Katrina with two Critics in Congress and elsewhere have fo- ‘‘You can’t just give people a check and children and a suitcase holding three days’ cused on large trailer contracts and the dif- say, ‘Good luck, we will see you,’ ’’ said San worth of clothes. Now the family lives in a ficulty FEMA has encountered in acquiring Antonio’s assistant city manager, Chris- $1,096-per-month two-bedroom apartment in trailers and sites for trailer parks. So far topher J. Brady. ‘‘It would not be a sufficient a suburban Houston complex called Tran- about 6,800 FEMA trailers are occupied by solution.’’ quility Bay. emergency workers and evacuees across the FEMA officials said other cities can set up She received $2,358 for three months from Gulf Coast. Some also have criticized spend- similar programs. But Mayor Franklin of At- FEMA but estimates her monthly expenses ing $236 million to house 7,000 people on lanta and Mayor Laura Miller of Dallas have at about $1,700. three Carnival Cruise Lines ships. Last week, three major national apart- said they cannot do so without being paid in With $1,500 in savings and her husband, a ment owner associations criticized FEMA for advance by the federal government. police officer, fearing he will be laid off in ignoring their offers of help and expressed Expressing frustration that she could not New Orleans, McCraney is worried about bewilderment over why the agency extended offer more help to the 39,000 displaced people paying for children’s clothes when the the hotel program. The average room rate of who have come to Georgia, Mayor Franklin weather cools. $59 per day is more than twice the cost of said FEMA’s expectations that her city McCraney is not facing eviction yet, but rental vouchers in HUD’s low-income Sec- could advance housing money were unreal- having lost her home to floodwaters, she is tion 8 housing program and the rental aid istic. postponing replacing the worn tires on her ‘‘Our government is not large enough to do provided by FEMA and HUD to Katrina vic- car. ‘‘I would like to stay here as long as I that,’’ she said. ‘‘We can’t absorb the costs.’’ tims. It also exceeds the median monthly can,’’ she said. ‘‘I don’t have anywhere else rent in some of the nation’s most expensive in the world to go.’’ [From the Washington Post, Oct. 12, 2005] cities. The warnings come as a wide range of play- The groups cited 50,000 vacant apartments HOUSING AID CALLED TOO MUCH, TOO LITTLE ers in the nation’s housing and lodging in- (By Spencer S. Hsu) in Dallas-Fort Worth alone and 1 million in dustries express mounting exasperation with the southeastern United States at rents that FEMA CRITICS CITE WASTE AS EVACUEES STRAN FEMA’s shifting efforts to cope with the range from $700 to $1,200 a month— vacancy TO PAY RENT evacuee crisis. Although the administration totals confirmed by others outside the indus- The Federal Emergency Management has proposed cruise ships, trailers, President try. Agency’s evolving efforts to shelter Hurri- Bush’s nascent ‘‘urban homesteading’’ initia- ‘‘Our message is simple. There are cur- cane Katrina victims continue to waste huge tive, hotels and now apartment grants, they rently tens of thousands of available rental amounts of taxpayer dollars and could soon say FEMA is ignoring advice from experts units that would offer evacuees the oppor- leave many evacuees short of money and fac- inside and outside the government. tunity to more quickly recover from their ing eviction, according to renter advocates ‘‘The normal FEMA programs just aren’t devastating losses,’’ the National Multi and housing industry officials. working. They may be good for 1,500, 2,000 Housing Council, the National Apartment The concerns focus on FEMA’s extension of people, but when you’re talking a half a mil- Association and the National Leased Hous- an $8.3 million-a-day program to house lion, they do not work,’’ said Douglas S. ing Association wrote to HUD Secretary 549,000 people in hotel rooms beyond an Oct. Culkin, executive vice president of the Na- Alphonso Jackson and Homeland Security 15 deadline and its handling of a new rental tional Apartment Association. Secretary Michael Chertoff. ‘‘To extend the assstance program, which offers displaced Culkin said 1 million rental units are va- hotel program indefinitely prolongs home- families a lump sum of $2,358 for three cant in the southeastern United States at lessness and makes no sense,’’ they said. months’ rent. The disaster agency has pre- half the rate of FEMA’s $1,770-a-month hotel Housing officials point to the city of viously drawn criticism for its troubled $1 program. He called the current spending rate Dallas’s Project Exodus as an example of billion-plus effort to house hurricane evac- of $250 million a month ‘‘a horrendous waste better planning. It has placed about 1,000 uees in 125,000 trailers. of tax dollars.’’ people in 481 apartments using $2.5 million The National Low Income Housing Coali- Linda Couch, deputy director of the low-in- raised through contributions by individuals tion, an advocacy group, said that ecause the come housing coalition, agreed that tax- and large companies. The units rent for HUD rent program is based on the $786-per-month payer money could be saved by using vacant market rates, including utilities. Although national median rent for a two-bedroom apartment units. ‘‘If the federal government city funds are set to expire after 60 days, apartment—rather than city-by-city rates made a choice to subsidize them at the rents Dallas expects FEMA to pick up costs after used by the Department of Housing and they are available at, it looks like it still that. Urban Development—many evacuees taken would be less than having them live in a Houston also has agreed to pay up to 12 to more costly cities are already short on hotel,’’ she said. months of housing assistance for Katrina cash. Typically, the coalition said, renters FEMA spokeswoman Nicol Andrews said victims, hoping for FEMA reimbursement, must pay a deposit and first month’s rent; it that the agency’s rental aid program can be Tate said. cited Washington as an example, where the extended to 18 months. If renters keep re- About 37,000 evacuees are in Dallas area average rent is about $1,100 and where about ceipts and show that their housing costs ex- hotel rooms, said Miller, and more than 5,000 people have been resettled. ceed $786 a month, FEMA will allow them to 150,000 evacuees are in rooms across Texas. Apartment owners say they also are en- spend more on rent, Andrews said. But Con- ‘‘We said, We can’t wait for FEMA,’’’ said countering problems collecting rents because gress has set a $26,200 limit per family for Dallas Mayor Laura Miller. ‘‘What worries

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23150 CONGRESSIONAL RECORD—SENATE October 19, 2005 me is reading about all these other cities the Congress $62 billion for Katrina. The legislative clerk proceeded to who are waiting for trailer homes to show up More money will probably be needed, call the roll. so they can re-create these trailer villages. but given the number of stories we see Mr. GRAHAM. Mr. President, I ask That would be the worst thing you can do.’’ almost on a daily basis now about fi- unanimous consent that the order for Mr. CARPER. While it is certainly nancial mismanagement, about confu- the quorum call be rescinded. reasonable to house evacuees in hotels sion at FEMA, and the Department of The PRESIDING OFFICER. Without on a short-term basis, this situation is Homeland Security, we should not be objection, it is so ordered. simply unacceptable nearly 2 months writing a blank check. Mr. GRAHAM. Mr. President, I ask after Katrina struck the coast. I am A recovery effort this large needs ad- permission to speak in morning busi- told that real estate and housing ex- ditional oversight to make sure the ness until Senator BROWNBACK arrives. perts have pointed out that perhaps money we are spending is going to the The PRESIDING OFFICER. Without hundreds of thousands of suitable and people who need it most, to make sure objection, it is so ordered. likely much more affordable apart- we eliminate wasteful spending and get f ments could be had throughout the gulf the most bang for our buck, and to IRAQ coast region. I am certain that they make sure we reduce the potential for could probably be had for significantly Mr. GRAHAM. Mr. President, I think fraud. it is appropriate this morning that less than the cost of a hotel room. In It is my understanding that we are addition, the Washington Post recently those of us in elected office, and every not sure what legislation is coming to American, show some appreciation for reported that a joint FEMA–HUD rent- the floor next week. I have a sugges- what is going on in Iraq this morning. al assistance program is likely wasting tion. The Homeland Security and Gov- I turned on the television and saw a millions of dollars. In at least some ernmental Affairs Committee, of which new face of Iraq. I saw a judge schooled cases, the program is not doing much I am a member, approved two bills a in the law, loyal to the law, presiding to help evacuees in some parts of the couple of weeks ago that I believe are over a trial of Saddam Hussein, a per- country find suitable housing. desperately needed to make sure son who was schooled in thuggery, Each evacuee participating in the Katrina recovery funds are spent prop- loyal to himself and his agenda, one of voucher program, according to the erly and go to the people who are most the most brutal murderers the Middle Post, initially receives a subsidy in need. East has known. And I saw an attorney amount based on the national median One of the bills we passed would ap- general laying out the case against rent for 3 months. In some parts of the point a chief financial officer to over- Saddam Hussein. country, such as Houston, the national see the day-to-day use of Federal funds How did that all happen? It happened median rent probably isn’t enough to in the cleanup and reconstruction ef- through sheer will. First, violence had find suitable housing. In other commu- forts underway in the gulf. I cospon- to replace diplomacy because diplo- nities, it might be more than enough. sored this legislation with Senator macy was failing. The effort to contain This means that Katrina evacuees in COBURN of Oklahoma and Senator Saddam Hussein’s regime, to rein it in, some parts of the country may be get- OBAMA of Illinois. It enjoys bipartisan to clearly understand what his pur- ting more assistance than they need, support, including the cosponsorship, I poses were about weapons of mass de- and those in higher cost areas might believe, of both the Republican leader struction, to get him to stay out of the not be getting what they need to pro- and Democratic leader of the Senate. upheaval of the Middle East, to be a vide for their families. The chief financial officer would productive member of the Middle East It has been suggested that the solu- oversee the various Federal agencies society, the world community, in my tion to the housing crisis in the gulf involved in the recovery efforts and opinion, failed miserably and we had to might be to place evacuees in trailers hold them financially accountable. The resort to force and violence to oust a or some other form of manufactured CFO would be Congress’s personal man who had perpetuated many crimes housing. But I have heard reports that watchdog, issuing periodic financial re- against his own people and his neigh- FEMA is buying many of its trailers ports about whether the money is bors. straight off the lot at retail prices. I going to the people who need it the How did it happen, at the end of the have also heard that there are thou- most and whether it is being used to day? It happened through the bravery, sands of trailers just sitting around un- hire local workers who need jobs. commitment, and sacrifice of the occupied in vacant lots. We have all The second bill would expand the au- American military, their coalition heard stories about how miserable thority of the inspector general as- partners, and the Iraqi people them- some of the trailer camps are to live in signed to Iraq reconstruction to over- selves. that FEMA has set up in places like see the Katrina recovery efforts. The We have lost around 2,000 troops Florida. expanded office would audit recovery since the war began. To those families We can do better than this. FEMA operations and investigate allegations who have lost loved ones, there is noth- owes it to Katrina victims and to the of waste, fraud, and inefficiency. ing I can say other than I am sorry American taxpayers to find a more Together, these two bills would bet- and, in my opinion, for what it is comfortable, less expensive way to ter protect American taxpayers and worth, your loved ones have advanced house our fellow Americans who are bring some much-needed account- the cause of freedom by participating going through such a difficult time ability to the recovery efforts. in a military operation to take Saddam right now. That is why I am sending a We shouldn’t settle for the stories we Hussein off the throne and into the letter today to Acting FEMA Director see in the papers every day about the dock as a defendant. David Paulison to ask him to tell us lack of decent housing for Katrina vic- To those coalition members who have exactly what FEMA’s plan is to get tims or the lack of competition for stood with us and who have sacrificed, Katrina evacuees out of hotels and into Federal contracts. We shouldn’t read thank you. Because of your sacrifice, more stable living environments so stories about waste and resign our- the cause of freedom has been ad- that they can begin the process of selves to the fact that waste is just vanced. bringing their lives as close to normal something that happens in the Federal We do not appreciate enough, in my as possible. Government. We can do better, and we opinion, the sacrifice of the Iraqi peo- The problems and the waste we are must. We owe it to the American tax- ple. I believe it is the judge or one seeing in FEMA’s Katrina housing pro- payers to do better, and we owe it to member of the court whose brother was gram remind me yet again that we Katrina’s victims to do better. assassinated. To sit in judgment of need to do some work to ensure that Mr. President, I suggest the absence Saddam Hussein is no easy thing to do. the money we are spending to help of a quorum. They are literally risking their lives to Katrina victims is spent wisely and ef- The PRESIDING OFFICER. The be a prosecutor, a policeman, or mem- fectively. To date we have approved in clerk will call the roll. ber of the army. They wear a target on

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23151 their back. Their families are at risk vealed. Hopefully, that is going to ficult and, in some cases, they were forced to because the terrorists see it as a risk come out in this trial. We will see suspend their activities. to their way of life. Those who take up change as it progresses. There was an unprecedented move arms against the terrorists in Iraq are f against IDP camps and the first reports literally changing the course of his- of the Government of Sudan’s use of DARFUR tory. helicopters since January. A number of To those men and women who have Mr. BROWNBACK. Mr. President, I coordinated attacks has been reported served in the American military, those wish to update my colleagues on what since mid-September involving hun- who have lost life and limb, I hope you is taking place in Sudan in the Darfur dreds of jingaweit militia—this is the take pride in what is happening today. region. This is something about which militia armed by the Government of To the families of the loved ones who I spoke several times in this Chamber. Sudan—and Government forces work- have been lost, those who have been in- It is a genocide as the Senate, the ing together killing and injuring many jured, and those who are still serving, House, and the President declared it a and displacing thousands more. Just because of your sacrifice and commit- genocide. Others at the U.N. call it this week, a number of civilians were ment, your willingness to leave your crimes against humanity. Under either killed in fighting that took place in the comfort zones, to leave your family definition, it is a horrific set of cir- town of Kutum after a rebel and Gov- and friends, Guard members and Re- cumstances that has occurred in that ernment force clashed. servists leaving their businesses and region. Yet the response to date has The African Union articulates: still not been effective. People are con- loved ones behind, you have changed A clearly premeditated and well rehearsed the course of Middle East history. tinuing to be killed and slaughtered combined operation was carried out by the At the end of the day, we can’t kill and run out of their villages, and the Government of Sudan military and police at enough terrorists to win. Terrorism is African Union troops have not suc- approximately 11 a.m. in the town of Tawilla about hijacking of a great religion. ceeded in securing peace in that region. and its IDP camps in North Darfur. The Gov- There is no place in the terrorist world I want to update my colleagues about ernment of Sudan forces used approximately for a different faith, people of modera- what is taking place. 41 trucks, 7 land cruisers in the operation tion in the Islamic community, and The mandate of the African Union which resulted in a number of deaths, mas- there is no role for a woman. For that troops—and this is the African coun- sive displacement of civilians and the destruction of several houses in the sur- to change, it is going to have to be tries that have formed the African rounding areas, as well as some tents in the deeper than force of arms. It is going to Union force—is simply to monitor and IDP camp. have to be a transformation of a cul- report on the current cease-fire. That In addition to these violations, there ture. is insufficient. I am going to detail why The culture of the rule of the gun it is insufficient and what has hap- are reports that the Government of versus the rule of law is happening be- pened because of their insufficient Sudan has painted their military fore our eyes. What is going on today mandate and rules of engagement not trucks in the African Union colors, in Iraq is a sea change in the Middle being appropriate for the cir- making it extremely difficult for civil- East. It is about time a dictator in that cumstances. ians to distinguish between monitors region answers for his crimes. It is To date, they have largely written or attackers. All parties have violated about time people in that region be al- and filed away reports. Without a man- the cease-fire agreement on several oc- lowed to live their lives in a normal date robust enough to protect the civil- casions since it was established in 2004. fashion and raise their kids in peace. ians or prevent violence or assistance Conditions for humanitarian organiza- That day is still far away, but we are robust enough to provide a well-sized tions remain extremely difficult. This closer than we have ever been. So to and equipped force, there is not much week, the United Nations announced those men and women serving in our hope for the people seeking safety in its plan to withdraw all nonessential American military and those who have Darfur. staff from Darfur. suffered, congratulations and God A few weeks ago, the African Union In addition to an upsurge in violence bless. Because of your sacrifice and came out with their strongest state- by the Government and the govern- those sacrifices of our coalition partment regarding the violence. This was ment-backed jingaweit militia, I am ners and the Iraqi people, there has a clear call for the international com- very troubled by the recent violence been a sea change in the Middle East munity to shine the spotlight on this aimed at the African Union by rebel and you deserve all the credit. crisis and to realize the implications it groups. In particular, the recent I hope the American people will be will have on the entire region. kidnappings and killings of African patient to see this thing through be- While the parties are engaged in the Union troops should be strongly con- cause what happens in Iraq is directly sixth round of peace talks—and that is demned and swift justice should be related to our own security. progress; we do have peace talks en- brought to the perpetrators of these I yield the floor. gaged in by the people in Darfur, the crimes. The African Union has called The PRESIDING OFFICER. The Sen- Government in Sudan, the jingaweit for these events to be brought to the ator from Kansas is recognized. militia that has been given equipment attention of the Security Council in Mr. BROWNBACK. Mr. President, I by the Government in Sudan—violence their communique of October 10 of this have come to the floor to make a state- continues to take place even as these year. ment about the situation taking place peace talks move forward. The New York Times reported yester- in Darfur and to update my colleagues. In the last few weeks, attacks have day that some of the once-government- But I wish to speak briefly to my col- been carried out by the jingaweit mili- backed militia groups are fracturing leagues and to others about the amaz- tia, the Government forces, and the and targeting government-run entities, ing trial of Saddam Hussein that has rebel movement—all three. The Afri- such as police stations. Infighting started. can Union announced: amongst the rebels is another common This is a trial that is going to reveal You would recall that in the past one hurdle to achieving peace. This is the a great deal about what took place, the month, we witnessed a series of violations in chaos that has plagued Darfur. carnage that happened under his rule, Darfur, with widespread violence against vil- Ambassador John Bolton’s recent de- and what he did to the people of Iraq. lages, commercial and humanitarian con- cision to block the UN Envoy on Geno- I worked with a number of Iraqi dis- veys, and even IDP camps. cide from testifying before the Secu- sidents over a period of time. The These are camps where individual rity Council has undoubtedly raised things they reported—the mass graves, citizens are going to get away from the some eyebrows. However, if he means the persecutions, the intimidation by raids and carnage. what he says—that actions speak loud- this Government of Saddam Hussein— This rendered the work of the humani- er than words—then I urge the Con- is something that has not been well re- tarian agencies and NGOs in the area dif- gress, the administration, the United

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23152 CONGRESSIONAL RECORD—SENATE October 19, 2005 Nations, and the international commu- higher percentage of voter turnout that thousands of Saddam’s victims nity to do something. I applaud Ambas- than in the 2004 U.S. Presidential elec- never received. The world will pay sador Bolton’s recognition of the fact tion. close attention as the Iraqi judicial that the current arms embargo is not What we saw in Iraq on October 15, system moves forward with this chal- adequate, it must be expanded, and 2005, proved that even those oppressed lenge. I am confident the Iraqis will ad- there must be compliance. for decades will peacefully choose their here to the highest standard of the rule I urge my colleagues to consider own future when given a chance to par- of law to reach a proper conclusion. these recent events and to redouble our ticipate in a fair and open electoral Today, the successful referendum in efforts to bring an end to the genocide process. Iraq would not have been possible with- that is happening as I speak. I urge my There had been much speculation out our brave men and women in uni- colleagues and the chairman of the that a majority of Sunnis would boy- form who were called by our Nation’s Foreign Relations Committee to quick- cott the referendum. However, until leaders to perform a noble but difficult ly report out the Darfur Peace and Ac- the last few days before the vote, lead- task. Their commitment and dedica- countability Act. I have not spoken diers of the Shi’a and the Kurds worked tion to peace and prosperity around the rectly to it, but I will speak about get- relentlessly to convince their Sunni globe has never been more evident. ting this act passed. We need to get it countrymen and women to vote either Nearly 150,000 soldiers, sailors, airmen, put into law. for or against the constitution. Their and marines are deployed in Iraq, doing This legislation increases pressure on work came to fruition when millions of their duty with pride, patriotism, and Khartoum, provides greater support for Sunnis lined up to cast their ballots perseverance. Our success in Iraq and the African Union mission in Darfur to and decide the future of their country. Afghanistan has not come without help protect civilians and impose sanc- While many Sunnis voted against the cost. Those who have fallen have tions on individuals who are respon- proposed constitution, the referendum served a cause greater than themselves sible for the atrocities, and encourages sent a clear message that all Iraqis are and deserve a very special honor. My the appointment of a U.S. special willing to invest in the democratic heart goes out to the families whose envoy to help advance a comprehensive process. sons and daughters have made the ulti- peace process for Darfur and all of By casting their ballots, millions of mate sacrifice. Sudan. It also calls for the United Iraqis also sent a strong message The people of Iraq have clearly spo- States to push for a strong Security against terrorism. Ideology of hate has ken of their desire for a free and demo- Council resolution, amongst other no place in the world, no place in cratic Iraq. The terrorists understand things, that expands the arms embar- Islam, and most certainly no place in that their only chance is to break the go. Iraq. Terrorists’ tactics of striking in- will of the American people and force We can no longer remain indifferent nocent men and women and children us to retreat. We will not waver in our to the suffering Africans of Darfur. We are despicable and cowardly. Terror support of the Iraqi people. We will not must move beyond the politics and has not derailed the political process, waver in our support of the democratic agree on the fundamentals that will nor the establishment of the rule of process and the rule of law. And we will help save lives immediately. It is quite law. Despite fears of retaliation by al- not waver in our cause for freedom in a simple. When the ‘‘never’’ is removed Qaida and other terrorists, millions of land that has known nothing but op- from ‘‘never again,’’ it will happen— Iraqis chose to participate in the proc- pression. The lessons learned in pre- again and again and again. We cannot ess that will decide the future of their vious world conflicts have proven that be silent and inactive on Darfur as peo- nation. when the stakes are so high, we must ple die. The Iraqi security forces have also remain firm, resist the enemy, and Mr. President, I yield the floor. started to make a significant dif- fight until the war is won. The PRESIDING OFFICER. The Sen- ference. According to our military Mr. President, our Nation has a lead- ator from Colorado is recognized. leaders and officials on the ground, the er who has made it clear that winning f Iraqi security forces were clearly in the the war on terror is a defining moment lead in securing polling sites around for the civilized world. Since Sep- CONGRATULATING THE PEOPLE the country. Backed by the coalition tember 11, 2001, President Bush has OF IRAQ forces, the Iraqi military presence was taken bold steps to ensure the safety Mr. ALLARD. Mr. President, I rise to increased by 35 percent since January. and the security of the United States, congratulate the people of Iraq on writ- Press reports indicated that scattered especially against terrorist organiza- ing another chapter in the history of instances of violence were quickly sup- tions and the nation states that sup- their nation. After the coalition forces pressed by the Iraqis. port them. toppled Saddam’s oppressive regime, This accomplishment indicates the Specifically, since President Bush many believed it would take years willingness of the Iraqi security forces has taken office, the United States, until the Iraqis would be in control of to stand up to insurgents and protect under his leadership, has—and I would their government apparatus. They were their fellow countrymen. With each like to list a number of successes wrong. On June 28, 2004, the transfer of Iraqi soldier trained and equipped to against terrorist organizations—over- power took place and Iraqis became the carry out the mission, Iraq draws clos- taken two terrorist regimes, rescued rulers of their nation. On January 20, er to be able to stand on its own and two nations and liberated some 50 mil- 2005, millions of people, including protect Iraq’s freedom. lion people; captured or killed close to women, risked their lives to choose the As they have learned the power of two-thirds of known senior al-Qaida members of a temporary Parliament the ballot box, Iraqis will soon be expe- operatives; captured or killed 45 of the responsible for drafting the new con- riencing the strength of the rule of law 55 most wanted in Iraq, including Iraq’s stitution. This past weekend, millions during the trial of Saddam Hussein deposed dictator, Saddam Hussein; of Iraqis lined up to cast their ballots that convenes today. Only a couple hunted down thousands of terrorists in more than 6,000 polling places across thousand years ago, thousands of and regime remnants in Afghanistan Iraq. Iraqis—including women and children— and Iraq; disrupted terrorist cells on The Iraqi people’s vision of a free and were killed, tortured, and wrongfully most continents and likely prevented a stable Iraq led them to an important imprisoned. Nevertheless, the current number of planned attacks. milestone—voting on a democratic Iraqi Government fully understands This is an astounding record of ac- Iraqi-written constitution. Last week- the importance of a fair trial and the complishment for our Commander in end, through will and determination, precedents it will establish. As a result Chief, his national security staff, and more than 60 percent of the eligible of these advancements in Iraq, the the phenomenal men and women of our voters in Iraq chose to speak up country’s most brutal dictator will military services. The United States against tyranny and oppression—a face trial by a jury of his peers, a trial went to war in Afghanistan and Iraq,

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23153 risking significant loss of life and There have been significant instances elections in Iraq. Am I correct? What is treasure to protect our way of life. Our of birth defects in children born to par- the time remaining? goals are clear and twofold: Destroy ents of Halabja, and many are still suf- The PRESIDING OFFICER. Morning the nexus of terrorism and weapons of fering from the effects of the attack. business time has now expired. mass destruction that personified the In 1991, during the Shi’a uprising in Mr. WARNER. I ask unanimous con- two ousted regimes and create in their the south, the regime brutally mas- sent the time be extended for a period stead stable, democratic states able to sacred tens of thousands of soldiers and not to exceed 10 minutes. participate in the modern world today. civilians. Also in 1991, once Kurdish au- The PRESIDING OFFICER. Without And we see the results of that success- tonomy was declared, many Kurds liv- objection, it is so ordered. ful effort in both Afghanistan and Iraq. ing below the green line were mas- Mr. WARNER. Mr. President, my dis- We succeeded in our first goal, having sacred, leaving mass gravesites in the tinguished colleague from Colorado has killed or captured perpetrators and Kirkuk region. In 1991, with an uprising spoken very eloquently with regard to supporters of the enemy terrorists. in Najaf, we saw again the dem- the elections in Iraq. I would like to As I discussed previously, the coura- onstrated brutality of this regime. As add a few thoughts of my own, for it geous people of Afghanistan and Iraq it put down the uprising, many of the was truly a momentous event in the are making remarkable progress to- perpetrators were rounded up, were ar- sense that a nation which had not had ward adoption of constitutional re- rested, and many of the participants any government since 1920 was given forms to secure momentum for a last- who were placed in jails were tortured. the opportunity to begin its course to- ing democratic independence. Our The Marsh Arabs, whose people had ward joining the nations of the free Commander in Chief deserves recogni- lived for thousands of years in the world to have some form of democracy tion for these achievements. America longstanding Marsh Arab area, were of their own choosing—and I underline is safer because he took action, and the forced to leave the land after it was no that: Of their own choosing. They world will be a better place when the longer cultivable and habitable because thereby take a place in the world with foes of freedom are defeated. We must the regime decided to divert their a responsibility for securing the basic stay the course and follow through waters to other sources. freedoms people worldwide desire. with determination and perseverance. All Iraqis who opposed or questioned On Saturday, October 15, 2005, the We must turn to those who doubt our the leadership of Saddam Hussein, Iraqi people, once again, following mission and speak of the tremendous whether Shi’a, Sunni, Christian, Kurd, their historic election in January of courage being shown by the Iraqi and Turkoman, or other, were systemati- this year, took another significant step Afghan people who are just beginning cally intimidated, tortured, and exe- forward in Iraq. We saw millions of to enjoy the fruits of freedom. We must cuted during the regime. Iraqis indicate their willingness to em- constantly thank our men and women We are now in a new chapter of the brace the democratic process by virtue in our Armed Forces who have so val- trial of Saddam Hussein. Many of these of their voting. There was a strong iantly served our Nation, and we must atrocities will come to light. As I men- turnout nationwide, a significantly remind ourselves that the global war tioned earlier, I have a lot of faith in higher turnout than we anticipated in on terrorism is not about religion or the Iraqi people, that they will conduct certain areas. This turnout, particu- ethnicity; it is about freedom and the trial in a responsible way following larly in the Sunni regions, is more re- whether we will allow others to dictate international law and also, in some in- markable because it was often in the our freedom. We must not give in to stances, applying their local law. face of insurgent intimidation. the ideology of terror, and we must re- The credit for freeing the Iraqi peo- We all observed three important main committed to those who need our ple I think goes to the men and women signs of Iraqi progress in the events of assistance so much. in the Armed Forces, it goes to the October 15th. First, the electoral proc- As we review the history of Saddam American people who have shown per- ess proceeded as planned. Insurgent ef- Hussein as he begins standing trial severance through this period of time, forts to disrupt the elections that were today, I view with optimism the ability and also to our President, our great attempted throughout the summer and of the Iraqi people to conduct a fair leader, who has demonstrated strong right up to the elections simply did not and just trial. They face a history of leadership not only in America but succeed. continued inhumane actions by a ruth- across the world in this fight for free- Second, Iraqi Government’s outreach less dictator in Saddam Hussein for dom. The real beneficiaries are going to Sunni leaders during the constitu- thousands upon thousands of people to be the Iraqi and the Afghani people. tional drafting process is having an ef- who were massacred and killed for no I, along with many other Americans, fect. Prime Minister al-Jafari said, real, apparent reason other than the will be watching as the trial runs its ‘‘The victory for Iraq is that Iraqis are fact that they disagreed with Saddam, course. This is not going to be an voting.’’ who was the ruthless dictator in American trial or any kind of world Third, the Iraqi security forces pro- charge. trial, although international proce- vided protection to more than 6,000 History takes us back many years. dures will be followed. But it will be a polling sites. I cannot overstate the Saddam came into power a number of trial that will reflect the freedoms of importance of that. The United States, decades ago, and during that time we the Iraqi people and reflect their form together with its coalition partners, saw a record number of injustices that of justice. worked hard for some 2 years now to occurred to the Iraqi people. We saw, in I wish the Iraqi people well. I com- establish a military and a police force. 1980, the persecution of the Faylee mend our President for a job very well I would say, having followed this very Kurds. We saw, in 1983, the Kurdish done. Again, I want to recognize the carefully in the Armed Services Com- massacres targeted against Barzanis sacrifice and commitment of our men mittee, that significant progress has and the KDP. In 1988, we saw the Anfal and women in the military who have been made in the last 120 days. We have campaign. As many as 182,000 people been so brave and forthright, and have established criteria to assess the qual- disappeared during this time period. done overall a great job in representing ity and the professional level attained In 1988, we saw in Halabja the Sad- America on the battlefield in their by these individuals, and how best to dam regime launched chemical attacks fight for freedom. integrate them in the overall security against more than 40 of its own vil- I yield the floor. framework needed to preserve and pro- lagers. On March 16, 1988, the regime The PRESIDING OFFICER. The Sen- tect the Iraqi people and preserve their dropped sarin and VX on the town of ator from Virginia is recognized. sovereignty. Real progress has been Halabja, killing more than 5,000 people Mr. WARNER. Mr. President, par- made. The voting day was an example and injuring thousands more. Many of liamentary inquiry: My understanding of how they perform. At the polling the survivors suffered long-term med- is the time at this point had been re- sites, security was primarily the re- ical complications, and thousands died. served for statements regarding the sponsibility of either the Iraqi police

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23154 CONGRESSIONAL RECORD—SENATE October 19, 2005 or the national forces. It was clear and a very unusual period in the history of I yield the floor. I suggest the ab- visible that the Iraqis took the lead in Iraq, in that many of those in this cur- sence of a quorum. this effort. No security incident ap- rent government, the interim govern- The PRESIDING OFFICER. The peared to affect voting. The level of se- ment, will be seeking office in that clerk will call the roll. curity breaches was far below the high election. So we have to exercise a de- The Journal clerk proceeded to call of some 300 breaches during the Janu- gree of patience as we watch them, as the roll. ary election of this year. I believe they pursue their political campaigns Mr. BOND. Mr. President, I ask unan- there was less than 20 incidents total at the same time they have official du- imous consent that the order for the that tried to disrupt the election, but ties to maintain a government and quorum call be dispensed with. all failed to affect the casting of votes serve the needs of the people of Iraq— The PRESIDING OFFICER. Without at these polling places. whether it is the power, whether it is objection, it is so ordered. We have no confirmed figures on the the water, whether it is the security. f results yet. We, the world, await the All of those things must be maintained CONCLUSION OF MORNING outcome. Newspapers throughout the during this interregnum until the elec- BUSINESS world carry reports of the importance tion takes place. of the election and saluting those who Then, following December 15 there is The PRESIDING OFFICER. Morning made it possible—not just the security basically a 60-day period as established business is closed. forces but also the United Nations and under the law that they have adopted. f other international organizations There is a 60-day period in which that TRANSPORTATION, TREASURY, which came in and supervised this his- government must replace the existing HOUSING AND URBAN DEVELOP- toric day. Basically the streets were one and take the reins of authority and MENT, THE JUDICIARY, THE DIS- calm. In some places there were mild govern Iraq for a period of 4 years— TRICT OF COLUMBIA, AND INDE- celebrations. truly a permanent government. PENDENT AGENCIES APPROPRIA- Last month, for example, in Tall Afar As this political situation matures, TIONS ACT, 2006 in northern Iraq, coalition and Iraqi so too will the Iraqi security forces, forces were engaged with insurgents for and I am confident we will see a con- The PRESIDING OFFICER. Under control of that city—a bitter battle. It tinued strong pace to obtain the needed the previous order, the Senate will re- is interesting that on Saturday the numbers of trained police, border secu- sume consideration of H.R. 3058, which Independent Election Committee of rity, internal security, national guard, the clerk will report. Iraq estimated that 80 percent of the and a standing army to provide that The assistant legislative clerk read registered voters in that community nation with protection for its sov- as follows: voted. Therefore we must praise the ef- ereignty and internal protection from A bill (H.R. 3058) making appropriations forts of the Iraqis, the U.S. civilian and the insurgents. With an Iraqi perma- for the Department of Transportation, military personnel, all those of our co- nent government in place and steady Treasury, and Housing and Urban Develop- alition partners and those of inter- progress in these security forces, I ment, the Judiciary, the District of Colum- national organizations for planning bia, and independent agencies for the fiscal see—and I want to say with great cau- year ending September 30, 2006, and for other and executing an electoral referendum tion—an opportunity, following the purposes. in such a challenging environment. The first of the year, to begin to review our Pending: United Nations chief electoral adviser present force structure and to consider in Iraq said: such options as will hopefully be avail- Kennedy modified amendment No. 2063, to provide for an increase in the Federal min- The process has gone so smoothly and well, able to lessen the size of our overall imum wage. from a technical point of view. troop presence. The Vice Chairman of the Inter- Watching Iraqis vote, we as Ameri- The PRESIDING OFFICER. The Sen- national Mission for Iraqi Elections, a cans should be especially proud of the ator from Missouri. coalition of electoral monitoring bod- contributions of those men and women Mr. BOND. Mr. President, I thank the ies, praised the referendum for its legal who proudly wear the uniform of the Chair. I note that my partner and co- framework, planning, and logistics. United States. When I speak with them manager of the bill, the Senator from Now the world will await the final rein Iraq, as I did weeks go on my sixth Washington, and I are here and ready sult, due hopefully later this week. The trip, and in Afghanistan, they know to do business. We were ready to do Independent Electoral Commission in the importance of what they are doing. business yesterday. We had one rollcall Iraq is supervising this process and will I would like to underline that. Indi- vote. There were more than 40 amend- announce an official tally after votes vidually, they know and understand ments filed yesterday. I know there are are counted at a central location over- the importance of the mission which many others who have or are thinking seen by the United Nations election ad- they, as members of the all-volunteer about amendments. But we have visory team to ensure that inter- force of our military, have undertaken. enough work to do now if Members will national standards are being met. Together with the commitments in come forward and offer their amend- There are, no doubt, difficult days re- support of their families back home, ments that are filed or talk with us to maining ahead. Generals Abizaid and they are performing brilliantly in Iraq, see if they can be accepted. Casey told the Congress, the American Afghanistan, and all across the world, We would like very much to move people, and indeed the whole world, protecting the security of this Nation forward on this bill today, and perhaps just that in appearances throughout and the security of our principal allies. complete work on it by 8 o’clock to- the United States last month. Both We will continue to demand from night when the baseball game is on tel- men were confident that we are moving these people as we always have, but evision. But hope springs eternal. We in the right direction. We saw that they are like generations before them, would love to see Members come for- progress this Saturday and we salute answering a call to duty to defend the ward. I think more are ready to go. them for their leadership and their par- values and freedoms we cherish. We Mr. President, I ask unanimous con- ticipation and their responsibility in wish them well. We wish the blessings sent that the pending amendment be achieving the results that came about of the Almighty on them and their set aside. on Saturday. families. We have taken heavy casual- The PRESIDING OFFICER. Without If the constitution is ratified, Iraqis ties in this conflict, both in terms of objection, it is so ordered. will vote again on December 15. This lost lives and wounded. Not a day goes AMENDMENT NO. 2113 time they will vote for a permanent by that those who are privileged to Mr. BOND. Mr. President, I send an government to take office on December serve in this Chamber do not have that amendment to the desk. 31. That leaves 60 days, basically, be- foremost in their minds, as do most The PRESIDING OFFICER. The tween now and December 15. It will be Americans. clerk will report.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23155 The assistant legislative clerk read well as 32 acres of land formally occu- I believe we have responsibility here as follows: pied by a naval facility to accommo- to make sure that Federal funds are The Senator from Missouri [Mr. BOND] pro- date a $300 million Pfizer research fa- not used in the taking of property for a poses an amendment numbered 2113. cility, a waterfront conference hotel, a private use and utilizing Federal funds Mr. BOND. Mr. President, I ask unan- ‘‘small urban village,’’ as well as 80 to bolster that effort. imous consent that reading of the new residences. The opinion seems to In the Kelo case, the dissenting opin- amendment be dispensed with. rely on ‘‘affording legislatures broad ion notes that the petitioners are nine The PRESIDING OFFICER. Without latitude in determining what public resident or investment owners of 15 objection, it is so ordered. needs justify the use of the takings homes in one of the neighborhoods sub- The amendment is as follows: power.’’ ject to eminent domain. One of the pe- (Purpose: Limits the availability of funds The opinion also notes that nothing titioners lived in the house that has under this Act for use in paying for emi- precludes any State from placing fur- been in her family for over 100 years. nent domain activities) ther restrictions on its exercise of the She was born in the house in 1918. Her Insert the following on page 348, after line takings power. husband has lived there since their 5, and renumber accordingly: As discussed by the four-Justice dis- marriage in 1946, and their petitioner ‘‘SEC. 321. No funds in this Act may be used senting opinion, this majority opinion son lives next door with his family. to support any federal, state, or local goes much farther than the facts of the Moreover, the record makes no claim projects that seek to use the power of emi- case and would essentially allow the that these are anything but well-main- nent domain, unless eminent domain is em- use of eminent domain in virtually any tained houses that do not pose any ployed only for a public use: Provided, That for purposes of this section, public use shall circumstance where the locality be- source of social harm, unlike the cir- not be construed to include economic devel- lieves some benefit could be derived. cumstances of several earlier cases opment that primarily benefits private enti- In particular, the four-Justice dis- cited in the majority opinion. ties: Provided further, That any use of funds senting opinion concludes that ‘‘under The opinion warns that despite the for mass transit, railroad, airport, seaport or the banner of economic development, majority opinion’s reliance on the highway projects as well as utility projects all private property is now vulnerable city’s comprehensive plan, there is which benefit or serve the general public (in- to being taken and transferred to an- nothing in the majority opinion that cluding energy-related, communication-re- other private owner so long as it might prohibits property transfers generated lated, water-related and wastewater-related be upgraded—i.e., given to a owner who infrastructure), other structures designated with less care, that are less comprehen- for use by the general public or which have will use it in a way that the legislature sive, that happen to result from a less other common-carrier or public-utility func- deems more beneficial to the public—in elaborate process, where the only pro- tions that serve the general public and are the process.’’ jected advantage is the incidence of subject to regulation and oversight by the There are a number of problems that higher taxes or the hope to transform government, and projects for the removal of have already been raised in the emi- an already prosperous city into an even blight (including areas identified by units of nent domain field. I say none are more more prosperous one. local government for recovery from natural striking than the proposal by a devel- Despite my misgivings about the disasters) or brownfields as defined in the oper to condemn the land on which the Kelo case and its implications, this Small Business Liability Relief and Brownfields Revitalization Act (Pub. Law home of one of the Justices in the ma- amendment today is very narrow and 107–118) shall be considered a public use for jority opinion sits to put a new hotel merely limits the availability of Fed- purposes of eminent domain: Provided fur- and the Lost Freedom Bar on his prop- eral funds from within this act for the ther, That the Government Accountability erty. year for which it is applicable for use Office, in consultation with the National In my State of Missouri, we have in funding eminent domain activities. Academy for Public Administration, organi- seen the use of eminent domain for a The key issue in this amendment is zations representing state and local govern- private purpose having tremendously that these funds should not be used to ments, and property rights organizations, harmful impacts in the Sunset Hills provide Federal support for eminent shall conduct a study to be submitted to the Congress within 12 months of the enactment community in St. Louis County. Emi- domain activities that primarily ben- of this Act on the nationwide use of eminent nent domain was used by a private de- efit private entities. The amendment domain, including the procedures used and veloper to condemn a large number of recognizes the importance of sup- the results accomplished on a state-by-state homes, forcing the residents out of porting eminent domain activities in basis as well as the impact on individual their homes. The residents, in expecta- support of transportation projects, property owners and on the affected commu- tion of being forced out of their homes, utility projects, and projects to remedy nities.’’. purchased other houses. They began to blight. Funds may still be used from Mr. BOND. Mr. President, there has move into other houses. The private the Federal sources in this act for been much discussion with many Mem- developer went broke. Now these peo- these projects. bers who are interested in this. I am ple are stuck with two mortgages, and Moreover, the amendment requires filing it now, and I will ask unanimous the place they left is being declared a the GAO to conduct a study that ana- consent that others who wish to be blighted area because everybody has lyzes the use of eminent domain added as original cosponsors add their left. throughout the Nation, as well as the names. But I wanted to get it here on This has had a double impact, not results accomplished by these uses of the floor so everybody could have a only on the homeowners who were eminent domain. chance to look at it. We will shortly forced to take out a second mortgage I know some of my colleagues are set it aside because I think we are per- but on a community which now is proposing significant substantive au- haps ready to go forward with the min- blighted, and some enterprising devel- thorizing legislation which would have imum wage amendments. opers are seeking tax subsidies and a much broader band. This objective is At this point, permit me to explain other help to renovate a blighted prop- worthwhile. I hope to join them at a what the amendment is about. erty. later stage. This is just a starting step. This amendment is in response to the I believe most of us—and certainly It is a starting point to make sure emi- U.S. Supreme Court case, Kelo, et al. v. the people I listen to in my home State nent domain for private purposes is not City of New London, et al., in which of Missouri—believe this is absolutely funded in the coming year from funds the Court upheld by a 5-to-4 majority wrong. from the Transportation, Treasury, the decision the use of eminent domain by When you look at the New London Judiciary, Housing and Urban Develop- the city of New London, CT. The Court case, you see how a tragic result can ment, and related agencies bill. noted that New London utilized a com- occur under the Kelo decision if legis- I hope my colleagues will join me in prehensive plan that seeks to revitalize latures do not act. The Governor of support of this amendment. It estab- the city by using the land occupied by Missouri has called for a task force to lishes a very important principle. I some 115 privately owned properties as study eminent domain. hope to have a very solid vote for this

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23156 CONGRESSIONAL RECORD—SENATE October 19, 2005 amendment when it comes to the Sen- the middle of what became World War ernment auditor. If you talk to an ate. II, the middle of the Second World War. auditor that comes by to try to evalu- I yield the floor. With a Democrat President, a Demo- ate what is going on, one of two things The PRESIDING OFFICER (Mr. GRA- crat Senator was doing investigative will happen to you. You will either be HAM). The Senator from Washington is hearings about waste, fraud, and abuse fired, or you will be moved to an area recognized. with respect to spending in the area of in Iraq that is under active hostile ac- Mrs. MURRAY. Mr. President, I defense. He uncovered billions and bil- tion. Those are your choices. thank the chairman for offering this lions and billions of dollars of waste. Rory decided to tell what was going amendment. The Kelo v. New London Good for him. I am sure it was not on. He said they were feeding soldiers decision by the Supreme Court came as pleasant for the White House because who did not exist. We have read the a great shock to many. The amend- Senator Truman was a member of the headlines, charging for 42,000 soldiers ment being offered seeks to impose party of the President at that point. to be fed every day; 42,000 meals, three some meaningful limitations on the po- Nonetheless, he did what he believed times a day. It turns out there are only tential use of eminent domain with the was important and right for this coun- 14,000 soldiers. A big error? Maybe. funds provided in this act. I emphasize try. It was very important to have Rory says it was happening in his area, this provision is limited to the funds in done. about 4,000 or 5,000 soldiers in his area. this act and does not seek to overturn These days we have something hap- He said: By the way, we had expired the Kelo decision. It merely ensures pening with respect to the country of food. The date stamp had long since ex- that funds appropriated for 2006 for the Iraq. We have a war in Iraq. We also pired, and we were told by the super- Department of Transportation and have reconstruction programs for the visors, it does not matter, just feed the Housing are not to use eminent domain country of Iraq paid for by the Amer- food to the troops. Convoys come for projects that primarily benefit pri- ican taxpayers. We have contracts that through in hostile action, with lead in vate interests. are sole-source, no-bid contracts given the meat and lead in the food in the I urge my colleagues to support this to some very large corporations. We back of the truck, and they were told amendment. I thank the chairman of have tales of horror about the waste of to separate out the lead from the food, the committee for offering this critical the taxpayers’ money, and nobody and by the way, for the bullets, give amendment at this time. seems to care very much. them to the supervisors as souvenirs I yield the floor. We also now have similar tales with and feed the food to the troops. Mr. BOND. Mr. President, I thank my respect to contracting—again, no-bid, That is on the record from a guy who friend, the Senator from Washington. sole-source contracting—with respect worked there, came back to the coun- There are other amendments that are to the reconstruction and the response try, and became a whistleblower. He going to be offered, and at the appro- to Hurricane Katrina and Rita. says here is what is going on. We are priate time I will ask this be set aside Let me describe just a few of these, if being stolen blind. so further amendments can be offered. I might. First, let me talk about con- Let me show a picture of another fel- I yield the floor. tracting in Iraq. We have a substantial low who testified at a hearing I held. The PRESIDING OFFICER. The Sen- amount of contracting in Iraq, no-bid Incidentally, I am doing the hearings ator from North Dakota is recognized. contracts, that are worth billions of not because I enjoy holding hearings. AMENDMENT NO. 2078 dollars. I have held six or seven hear- We are holding hearings because there Mr. DORGAN. Mr. President, I intend ings on this subject. It ranges from the is no oversight in the Congress. My in- to offer two amendments to this legis- small, a fellow holding up a towel, a tention is not to embarrass anybody lation. I take a moment now to offer hand towel, because he worked for Hal- but to represent the taxpayer. the first of those amendments. While I liburton Corporation, which was sup- This represents hundred-dollar bills do that, I thank my colleague from pose to buy towels for our troops in wrapped in Saran Wrap. This fellow Missouri and my colleague from the Iraq. He holds up a hand towel and testified at a hearing I held. He said: In State of Washington for their work on says: I was the purchasing agent and our area, we wrapped up hundred-dollar this piece of legislation. This is an ap- was supposed to buy towels for the bills like this in Saran Wrap and told propriations subcommittee bill on troops. But the company wanted their contractors—this is contracting in which they have done an excellent job. logo imprinted on the towels, which Iraq—bring a bag because we pay in I appreciate that. nearly doubled the price. cash. If we owe you some money, bring I will offer an amendment at the So the American taxpayer paid twice a bag, we pay in cash. He said they ac- completion of my comments. The the price, or nearly twice the price, for tually played football in this office by amendment deals with the issue of con- these towels because the company passing back and forth these batches of tracting, particularly contracting in wanted the logo on the towel. hundred-dollar bills wrapped in Saran Iraq, and also now contracting in this He said they were paying $7,500 a Wrap. He said it was like the Old West. country for reconstruction of the Gulf month lease on SUVs in Iraq; $85,000 Just bring a bag; if we owe you money, States that were hit so hard by Hurri- brand new trucks were left by the side we fill it with cash. cane Katrina and then Rita. I will talk of the road because they had a flat tire When we hear these stories—and we about the reason I am offering this and and torched; $85,000 trucks discon- pass emergency legislation for nearly point out I have offered it previously, tinued to be used and left by the side of $20 billion for reconstruction of Iraq; and I lost in the vote that was con- the road because they had a plugged we spend $4 billion, $5 billion, or $6 bil- ducted in the Senate. However, I have fuel pump, and therefore torched. lion a month now in Iraq and Afghani- previously indicated I do not intend to These purchasing agents were told it stan—we push a massive amount of be discouraged by losing a vote. I will didn’t matter, these are cost-plus con- money out there with some of it, a fair ask the Congress to reconsider by hav- tracts. It does not matter that money amount of it, going, particularly in the ing another vote, and I will do it again is wasted, they could spend what they reconstruction, to no-bid contracts, to following this if I am not successful. wanted to spend. They were told the big companies, and then we hear sto- Let me describe the circumstances good old American taxpayer will pick ries such as, OK, here is the task: We that bring me to the conclusion we up the tab. will put air conditioning in this build- need a special committee of the type We had a man named Rory in charge ing. So the big company gets money for that Harry S. Truman led when he was of food service, a supervisor at a food air conditioning, subcontracts it, the a Senator. Incidentally, he was a Dem- service area in Iraq. Rory described subcontractor contracts it, and when ocrat Senator who had the Senate es- what his instructions were from Halli- the work is all done you have ceiling tablish what was called the Truman burton. His instructions were: If a gov- fans—and we paid for air conditioners. Committee to investigate waste, fraud, ernment auditor comes by, you get out Who cares? Who is watching over this and abuse in defense spending back in of there. You refuse to talk to a gov- massive amount of waste, fraud, and

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We with many others, hundreds of other contractor FEMA had who directed hear people talking about $200 billion. trucks, we are told, that had food, these truckers to haul ice cubes from This Congress has appropriated slight- blankets, clothing, ice—all the things New York to Massachusetts or, inci- ly more than $60 billion already. We the victims of Hurricanes Katrina and dentally, a trucker who hauls ice cubes have seen, once again, some of the Rita were begging for on television. He from Canada down to Maxwell Air same companies performing no-bid con- was sitting there, watching the little Force Base and back to Canada. What tracts in Iraq now with no-bid con- television in his truck, hearing the vic- unbelievable waste. tracts in the gulf. tims of these hurricanes describing So now here is the second piece of all First, we start with waste, fraud, and what their needs were—and the needs of this and why there needs to be inves- abuse with FEMA, an organization were in the back of these trucks. tigations. This is a dormitory, by the that used to be something really spe- He sat there 12 days—12 days—and he way, as shown in this picture. It does cial. I remember when my colleague, finally went up to them and said: What not look much like a dormitory. It Fritz Hollings, sat in the chair behind is going on? They said: We have looks like a bunch of two-by-fours with me. Fritz Hollings, back in another changed our mind. We want you to blankets on top. This picture was era, said: We had two natural disasters drive your truck with ice to Idaho. He taken last Saturday in Louisiana. down in our part of the country. The said: I didn’t know there was a hurri- These people are not from Louisiana. first disaster was a hurricane; the sec- cane in Idaho, and I don’t intend to These people were brought in to re- ond disaster was FEMA. haul this ice to Idaho. They said to place some people from Louisiana who But then FEMA changed. All of a him: You have a bad attitude. We are had jobs—qualified electricians who sudden James Lee Witt came in from a thinking of having the National Guard had jobs—to begin doing some work background that was unusual. The guy escort you off this base. under a contract. Those workers from had experience. He came from a back- It cannot be funny because it is so Louisiana are displaced now by work- ground of disaster preparedness, dis- unbelievably inept. But about 2 hours ers, most of whom, incidentally, are ex- aster emergency services. And all of a after they told him that, they said: OK, pected to be undocumented workers, sudden, FEMA became something very we have changed our mind; you won’t who will come in and work for a frac- special. go to Idaho. You haul this ice to Mas- tion of the wage you would pay the I know that because my State had a sachusetts. This is like that television people from Louisiana who need the community of 50,000 in the flood of 1997 program, ‘‘Where in the World is Car- jobs. Why? Because Davis-Bacon is waived. in Grand Forks, ND, that required the men San Diego?’’ If I had a map, I What is Davis-Bacon? It is a foreign evacuation of almost an entire city. It would show you where these ice cubes language to a lot of people, perhaps. was a massive evacuation and flood re- went. To help the victims of the hurri- The Davis-Bacon provision, in law for sponse. Guess who was there at the cane, directed apparently by FEMA some long while, says when you are lead. FEMA. Everybody there would and its contractor, they went from New going to have the Federal Government say: What a remarkable organization. York City, to Carthage, MO, to Max- come in and do contracting work, the It worked. It knew what it was doing. well Air Force Base, AL, to storage, Federal Government must pay the pre- It was sharp, on the ball, had plans, now being paid for by the U.S. Govern- vailing wage. The contractors who and it made things happen. ment, in Massachusetts. work for the Federal Government must Now what has happened to FEMA? We paid $15,000 for this one truck to pay the prevailing wage. They cannot Let me describe it. I will not go into haul ice cubes between New York and try and ratchet up a contract for them- great length about FEMA because ev- Massachusetts—destined for victims of selves by abusing their workers and de- erybody knows some of the top posi- the hurricane. What unbelievable—un- ciding to pay them a tenth or a half of tions of FEMA were filled with cronies believable—ineptness by a Federal what they should be paid. You have to who had no experience at all in disaster agency. This truckdriver could have pay the prevailing wage. preparedness or emergency services run FEMA better than that. Well, the minute that happened in and that then it was subsumed into the When he testified, he said: It would this area, the people who had the jobs Homeland Security Department. I do have been easy. All they would have these people now have—the people, by not need to go into great length about had to have is some sort of transpor- the way, who were from Louisiana, that. tation system by which everybody calls skilled electricians, who needed the As shown in this picture, this is a in there and then you are directed. No work in the shadow of Hurricanes truckdriver. We had a hearing the such thing. Katrina and Rita—lost their jobs. The other day and he testified. This truck- He finally said to them, as he sat 12 foreman who was on the jobsite with driver, by the way, was contracted for days on the base before they sent him them was here and talked to me about by a company that was doing work for to Massachusetts with his ice cubes: it. They lost their jobs because they FEMA. He was asked to haul ice. You I’ll tell you what I’ll do; I will pay for were replaced by these folks: largely can see all these trucks in the picture. the ice cubes in my truck. I will pay undocumented workers willing to work There were hundreds of trucks where you $1,500. They said: What are you for a fraction of the cost—not from he was sitting. He was asked to haul going to do with them? He said: I’m Louisiana. The folks from Louisiana ice to the victims of Hurricane going to haul them to Biloxi, MS, and who had those jobs lost them with re- Katrina. give them away to victims who want construction. That is what is hap- He picked up a load of ice with his 18- them. They said: Who is going to sign pening. wheeler in New York, and away he for them? He said: It shouldn’t matter My point is this: There needs to be went. They said: We want you to go to to you. Once I have paid for them, some investigation. I am not sug- Carthage, MO, so he drove his 18-wheel you’re out of the picture. They said: gesting that it is an investigation to truck, with a refrigerated trailer, to We can’t do that. You haul them up to tarnish anybody. It is an investigation Carthage, MO. He got there, and they Massachusetts. We are going to store to evaluate what on Earth is wrong said: Well, but now you need to go to them. with the oversight for this waste and Maxwell Air Force Base in Alabama. I told this story and somebody, the fraud and corruption that exists in He said: Well, it would have been good other day, said: Yeah. That’s just one these contracts. to know that when I left New York. I trucker. Oh, yeah, don’t let the facts In the newspaper this morning, in the would have saved about 700 miles. But get in the way of good theories, right? Style section, there is a picture of a

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23158 CONGRESSIONAL RECORD—SENATE October 19, 2005 woman named Bunny Greenhouse, who understands there is virtually no over- some point. I have no intention of ex- was the highest ranking official in the sight and no accountability after we do tending debate. I do want to make Corps of Engineers in the U.S. Govern- appropriate that money. The American some additional comments at some ment working in the Pentagon. She taxpayers deserve better than that. We point when we set up a vote, but I un- lost her job. What a remarkable have had a previous vote, and we had derstand there are others who wish to woman. She has three masters degrees. more than a majority of the Members offer an amendment, so I will be happy As an aside, I did not know this, but of the Senate say no, they do not want to allow this to be set aside, after the story says she comes from a dirt- to have anything to do with a special which I will consult with the Senator poor background. Her parents were committee to take a look at inves- from Missouri and the Senator from uneducated. Her sister became a pro- tigating this waste, fraud, and abuse. I Washington about a time for the vote. fessor. Her brother, incidentally, hope others will change their mind. The PRESIDING OFFICER. Without scored 27,000 points in the National This is not about Democrats and Re- objection, it is so ordered. Basketball Association, and was rated publicans; it is about protecting the Mr. BOND. Mr. President, I thank my one of the 50 best basketball players to American taxpayers. And it is about colleague. I believe there are some on ever play the game—Elvin Hayes. making sure we root out the waste, this side who will want to respond. I Bunny Greenhouse, this woman, rose fraud, and abuse that exists in these hope we can get a tight timeframe be- to become the highest ranking civilian sole-source contracts. What is hap- cause we are going to be very busy this official in the Corps of Engineers. She pening is almost unbelievable to me. week. We have to finish this measure. just lost her job. Do you know why? All Yet this Senate seems nearly asleep on AMENDMENT NO. 2113 of her references, all of her evaluations these issues. Mr. President, now, since it appears were outstanding—outstanding. What a Mr. President, I call up amendment we are going to be having some action terrific person—until she started tell- No. 2078 and ask for its immediate con- today, I ask unanimous consent that ing the ‘‘old boys network’’: You can’t sideration. we bring up the amendment filed this The PRESIDING OFFICER. Without do what you are doing here. You can’t morning, amendment No. 2113. I believe objection, the pending amendment will give Halliburton big no-bid contracts it can be adopted by a voice vote, with be set aside. The clerk will report. and even have them sitting in on the Senators who wish to speak on it per- The legislative clerk read as follows: meetings about the scope of the work. mitted to speak during time later on The Senator from North Dakota [Mr. DOR- You cannot do that. It violates all of today. GAN] proposes an amendment numbered 2078. the rules and procedures. The minute The PRESIDING OFFICER. Without Mr. DORGAN. Mr. President, I ask she started interrupting the little play- objection, the amendment is pending. unanimous consent that reading of the ground that exists with these favorite Is there further debate? If not, the amendment be dispensed with. no-bid contracts, all of a sudden she question is on agreeing to the amend- was persona non grata. The PRESIDING OFFICER. Without objection, it is so ordered. ment. You can read the story in this morn- The amendment (No. 2113) was agreed ing’s Washington Post. She has been (The amendment is printed in the RECORD of Tuesday, October 18, 2005, to. here twice to talk to us on Capitol Hill. Mr. BOND. Mr. President, I move to Not many seem to care about that. But under ‘‘Text of Amendments.’’) Mr. DORGAN. Mr. President, let me reconsider the vote. it is a symptom of something much Mrs. MURRAY. I move to lay that more than her; it is a symptom of a make the point that this amendment differs from one we have considered motion on the table. culture about corruption, about waste, The motion to lay on the table was and, yes, fraud. If you wonder whether previously in that the scope of the evaluation and investigation of expend- agreed to. that is justified, I will be happy to give Mr. BOND. Mr. President, I thank my you, and anyone in the Senate who itures and contracting would include not just with respect to Iraq but also colleagues and I look forward to action wants, the written testimony of a good on the bill. many witnesses who have testified on the contracting and reconstruction in the gulf in relation to Hurricanes The PRESIDING OFFICER. The Sen- these very issues. ator from North Dakota. So my proposition is simple. My Katrina and Rita damages. The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, I ask proposition is Congress should estab- unanimous consent to be added as a co- lish a type of Truman committee. I de- ator from Missouri. Mr. BOND. Mr. President, I thank my sponsor on the amendment offered by scribe it as a Truman committee be- colleague for bringing this forward. As the Senator from Missouri. cause we have done it before—a special I mentioned, this is an appropriations The PRESIDING OFFICER. Without committee that takes a hard look at bill. It is a very important subject he objection, it is so ordered. all of this contracting that is going on has raised, but I raise a point of order The Senator from Wyoming is recog- and tries to shut down the waste, under rule XVI that this is legislation nized. fraud, and abuse the taxpayers in this on an appropriations bill. AMENDMENT NO. 2115 country should not have to be accept- The PRESIDING OFFICER. The Sen- ing and this Congress should not allow. Mr. ENZI. Mr. President, I send an ator from North Dakota. amendment to the desk and ask for its This committee would not be necessary Mr. DORGAN. Mr. President, pursu- if we had aggressive oversight commit- immediate consideration. ant to rule V, I have offered proper no- The PRESIDING OFFICER. The tees. tice to suspend the rules. My expecta- Let me say that the chairman from clerk will report. tion would be we would have a vote on The legislative clerk read as follows: Missouri and the ranking member from suspension of the rules. As the Senator the State of Washington—this is an ap- The Senator from Wyoming [Mr. ENZI] pro- knows, I referenced that in the Senate poses an amendment numbered 2115. propriations committee. I just de- Journal last evening. scribed the job they have done. They The PRESIDING OFFICER. The mo- Mr. ENZI. Mr. President, I ask unani- have done a great job. This amendment tion to suspend is debatable. mous consent that reading of the has nothing to do with them. They are The Senator from Missouri. amendment be dispensed with, since good appropriators. I am proud of their Mr. BOND. Mr. President, I ask unan- copies have been given to both sides. work. This appropriations sub- imous consent that this measure be set The PRESIDING OFFICER. Without committee, is awfully good, and I am aside so we can work out a time for a objection, it is so ordered. here to support the subcommittee vote on the measure. (The amendment is printed in today’s work. So my amendment does not have The PRESIDING OFFICER. Is there RECORD under ‘‘Text of Amendments.’’) anything to do with them. objection? Mr. ENZI. Mr. President, I rise in op- But I would say this: Almost every- Mr. DORGAN. Mr. President, I, in position to the amendment offered by one who watches this Congress work fact, will agree to a time agreement at Senator KENNEDY that would increase

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23159 the Federal minimum wage. I have of- equipment, but those are also nontradi- will continue to be tomorrow’s lowest fered an amendment myself. Although tional jobs. paid worker as well. That is not ad- both of the amendments would raise We had a marvelous hearing in the vancement. Advancement on the job the minimum wage by the same HELP Committee. We had a person and earned wage growth cannot be leg- amount, $1.10 over 18 months, only my from New York City. The young lady islated. We do a disservice to all con- amendment recognizes the enormous was talking about the training she had cerned, most especially the chronic low burden mandates such as this one have received in nontraditional jobs and the wage worker, to suggest that a Federal on American’s small business and way her wages had increased. Quite wage mandate is the answer. works to alleviate that. We probably frankly, at the present time she makes What we need to focus on is not an ought to be in agreement on this since more than a U.S. Senator. What she is artificially imposed number but on the the numbers are the same. All I do is doing is putting rock trim on sky- acquisition and improvement of job add some things that will offset those scrapers in New York. But there are and job-related skills. In this context, burdens that have been placed with the some tremendous things out there, if a we should recognize that only 68 per- minimum wage. person gets the opportunity and takes cent of the students entering the ninth When Senator KENNEDY offered his the opportunity to increase their grade 4 years ago are expected to grad- original amendment, he referred to its skills. If you are a minimum-skill per- uate this year. And for minority stu- economic effect as ‘‘a drop in the buck- son, if you are just doing the job and dents, that hovers right around 50 per- et in the national payroll.’’ A drop in getting by and not learning anything, cent. In addition, we continue to expe- the bucket in the national payroll? you are going to get minimum-skill rience a dropout rate of 11 percent per Comments like this are precisely why wages. year. These noncompletions and drop- small business owners across the Na- I mentioned just getting by, just put- out rates and the poor earnings capac- tion feel that Washington, DC, politi- ting in the time. There is a difference. ities that come with them can’t be cians do not understand their needs. I know when my dad was interviewing fixed by a Federal wage policy. We We must also bear in mind that these people for the shoe business, he some- have to get the kids to stay in school, are the people who create jobs, who times said, after he had interviewed to get the education. We have to make provide an increasing percentage of them: That person told me they had 5 sure the education is relevant and that employment for all workers, including years’ experience. I asked them a few when they graduate at whatever level, those with minimum skills. It is usu- questions, and what they had is 1 there is a job out there for them and ally the small business that takes a month’s experience 60 times because that the job is transportable, that they person who has minimum skills and they never learned anything from the can take their skills other places in the trains them to a higher level. Quite first day they were on the job. They country, as those areas open up, with a often, they train them to a higher level didn’t have basic skills. He believed in higher wage for those skills, and that where they even start their own busi- training people and making sure they they have the knowledge to be able to ness or they go to work for somebody had, in 5 years, actually 5 years’ worth learn, to continue to advance their else, taking the skills from where they experience. I can guarantee you, after skills so that when they move, they get are to an even higher level. the very first short training time, they more. A lot of the problem with employ- never had minimum wage. But it is What we want are the best jobs kept ment in the United States is that we tied to the skills. in America for the people who live in don’t have the people in the right So to suggest that this is a drop in America. That is an opportunity we places for the employment. They could the bucket in the national payroll is a have but not with an artificially man- be making more at what they are doing little bit offensive and does not recog- dated minimum wage. I would hope if they were in a different place. But nize the job that small business is that nobody in the United States would sometimes they are not willing to doing at getting people into the work- work at the minimum wage. I know for move. They need more training, too. force and actually training them. It is a fact that most of the people who We have provisions for more training. particularly offensive to employers to start at minimum wage, if they pay at- I would like to mention a little facil- suggest that a 41-percent increase in tention to their job, are not in min- ity we have in Casper, WY, that will their labor cost, which is what is being imum wage very long. If they pick up train people to work on oil rigs, and proposed at this time, amounts to a the skills, they get paid for those placement is 100 percent. The min- drop in the bucket. A 41-percent in- skills. That is so that they don’t go imum is $16, and depending on what crease in labor costs forces a small somewhere else and work. But if they part of it you do, how long you are businessperson to face choices such as don’t have the skills, they are lucky to there, and what other skills you pick whether to increase prices, which often get a job at all. I have people I have up, it goes considerably higher than is not a choice, or face a potential loss hired before who couldn’t read. What that. of customers from lack of service or kind of opportunities do they have if The mines in Campbell County, WY, whether to reduce spending on health they can’t read? We have them in lit- are looking for additional employees. insurance coverage or other benefits to eracy programs. We moved them into There are some requirements. You employees or to terminate employees. GED programs and trained them in have to have a clean drug record. You These choices are far more significant something they could do and be proud have to be able to pass a drug test be- than a drop in the bucket, particularly of, and that is a higher wage. cause when you are working around if you are the employee who got termi- We must keep this in mind. The heavy equipment, if you don’t have all nated. It is a 100-percent problem to phrase ‘‘minimum wage worker’’ is an of your capacities, you can hurt people, you. arbitrary designation. A more accurate including yourself. That should not Apart from its failure to mitigate the description and one that should always happen. So they do have requirements cost of this mandate for small busi- be at the center of the debate is that about having to have drug tests. But if nesses, the Kennedy amendment also we are seeking to address those work- you can pass the drug test, they will fails to address the root of the problem ers who have few, if any, skills they train you for the heavy equipment you for our lowest paid workers. I have need to compete for better jobs—that is need to operate in the mine. We are touched on that a little bit. Congress, what we are doing in the United talking $50,000, $60,000, $70,000 without by simply imposing an artificial wage States, competing—and then command overtime, and then you have the right increase, will not meaningfully address higher wages. The effect may be low on both of those to have overtime as the real issues of our lowest paid work- wages, but the cause is low skills. In well, probably to the extent of what- ers. Regardless of the size of any wage short, the problem is not the minimum ever you are willing to put in and the increase Congress might impose, the wage, the problem is minimum skills. law allows. There are some constraints reality is that yesterday’s lowest paid If we are to approach this debate in a on it since you are handling heavy worker, assuming he still has a job, constructive and candid way, we need

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23160 CONGRESSIONAL RECORD—SENATE October 19, 2005 to acknowledge certain basic principles point, it becomes clear that the focus student will likely change careers of economics. Wages do not cause sales. needs to be less on where an individual some 14 times in their life. There are a Sales are needed to provide revenue to begins his or her working career. In- lot of people in America whose parents pay wages. Revenue drives wages. stead, more emphasis should be placed went to work for one company, worked Wages can cause productivity, but the on how an individual can best progress. there 30 years and retired. I am talking productivity has to come first to be Real wage growth happens every day, about a different world. It is estimated able to afford the wages. When we raise and it is not a function of Government that the graduating students will like- the minimum wage, we are raising the mandate. It is the direct result of an ly change careers some 14 times in price somehow. The people who get the individual becoming more skilled and, their life. minimum wage have to buy stuff just therefore, more valuable to his or her Here is the part that is even more like everybody else. If the price goes up employer. As a former small business stunning, and I am not talking about because a phony minimum wage went owner, I know that these entry-level changing employers. I am talking in, then their buying ability did not in- jobs are a gateway into the workforce about changing careers. Of those 14 ca- crease at all. How pleased can you be if for people without skills or experience. reers, 10 of them have not even been in- you get more money and you can’t buy These minimum-skill jobs can open the vented yet. We don’t even know what anything more? What we are trying to door to better jobs and better lives for this change in technology is going to do is set up a system where people will low-skilled workers because they get bring about, but we do know that peo- make more true wages and, with the more skills if we give them the tools ple better be able to change to get true wages, be able to purchase more they need to succeed. those jobs, and they are going to have than they could before. Some of that is We have a great example in Chey- to change pretty dramatically. It is basic need, but we are hoping they all enne, WY, of minimum-skilled workers going to be based on the education get past the basic need level and can who were given the tools and the op- they get and then the skills they ac- get into the wants and desires as well, portunity to reach the American quire in the workforce after they get that they can be part of the American dream. Mr. Jack Price, who is the out of school. School is never out; dream. owner of 8 McDonald’s in Wyoming— learning is never over. Skills, however, operate differently and we use McDonald’s as kind of a de- To support these needs, we do need a than wages. Skills do create sales, and rogatory thing with people as being a system in place that can support a life- sales produce revenue. Skills do create minimum wage establishment; I assure time of education, a lifetime of train- productivity. Skills get compensated you that people who start there, who ing and retraining for our workers. The with higher wages or people find an- learn something, are not at the min- end result will be the attainment of other job. The employee simply goes imum wage very long—has had 3 em- skills that provide meaningful wage elsewhere for higher wages. Wage in- ployees who started working at growth and competition—successful creases without increased sales or McDonald’s at the minimum wage, and competition—in the international mar- higher productivity have to be paid for those 3 employees now own a total of 20 ketplace. with higher prices. Higher prices wipe restaurants. They learned something. As legislators, our efforts are better out wage increases. Skills, not artifi- They started at minimum wage. They focused on ensuring that the tools and cial wage increases, produce true net didn’t like it, I am sure. They learned. opportunities for training and enhanc- gains in income for the individual and They got experience. They delved into ing skills over a worker’s lifetime are for the business. When it increases for it and found out all they could about available and fully utilized than they the business, it increases their likeli- the business and wound up owning the are on imposing an artificial wage in- hood of keeping their job and getting business. That is what we want for peo- crease that fails to address the real to advance. The minimum wage should ple. It requires some individual initia- issues and, in the process, does more be for all workers what it is for most— tive, and it does require starting at the harm than good. a starting point in an individual’s life- bottom. With almost every job, you Skills and experience, not an artifi- long working career, their lifelong have to start at the bottom. If you cial Federal wage hike, will lead to learning career. Those who advance in learn it, you can progress in it. Three lasting wage security for American any jobs are the ones who look at it employees at McDonald’s who started workers. We have to compete. It is an and say: How can I do this better? If at the minimum wage now own 20 res- international competition. Skills they come up with a way to do it bet- taurants. count. ter, they will get more compensation. It is a great success story. That is As chairman of the Health, Edu- Their business will make more money where I would like people to go. This cation, Labor, and Pensions Com- or they will go start their own busi- type of wage progression and success mittee, one of my priorities is reau- ness, which is also a dream of mine, to should be the norm for workers across thorizing and improving the Nation’s get people to do that. I hold an inven- the country. However, there are some job training system that was created tors conference every year. The pur- minimum-skilled workers for whom by the Workforce Investment Act. This pose of that conference is to get people stagnation at the lower tier wage is a law will help provide American work- to invent about their surroundings and longer term proposition. ers with the skills they need to com- their jobs and to find some product The answer for these workers, how- pete in the global economy. That will that they can make in Wyoming and ever, is not to simply raise the lowest lead to real, not artificial, wage in- ship around the world. I have found wage rung. Rather, these individuals creases. that anybody who has figured out a must acquire the training and skills Last year, I was denied a conference way to make a living in Wyoming lives that result in meaningful and lasting committee being appointed to resolve in Wyoming. We are a little short on wage growth. We must equip our work- the differences with the House on this jobs out there. That is why we only ers with the skills they need to com- important bill by the very people pro- have 494,612—that is last week’s num- pete in technology-driven global econo- posing this increase. This year, we re- ber—living in Wyoming. We hope to get mies. ported it out of the HELP Committee past that half-million mark, but it does It is estimated that 60 percent of to- by a unanimous voice vote again. It require jobs. The way to get jobs is to morrow’s jobs will require skills that was unanimous coming out of com- have the skills to be able to improve only 20 percent of today’s workers pos- mittee 2 years ago, it was unanimous what you do. sess. Let me say that again. It is esti- passing the floor of this body, it was The minimum wage should be for mated that 60 percent of tomorrow’s unanimous passing out of committee workers what it is for most; that is, a jobs will require skills that only 20 per- again this year, and it is waiting to starting point in an individual’s life- cent of today’s workers possess. come to the floor. I am hoping we can long working career, their lifelong Here is another interesting point. It get consent to get it over to a con- learning time. Viewed as a starting is also estimated that the graduating ference committee with the House.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23161 This bill will start an estimated a minimum wage increase is paid for by First, we would update the small 900,000 people a year on a better career higher prices that hurt poor families business exemption. Having owned a path. You can’t tell me that some of the most. small business in Wyoming, I can speak the same people who are denied the op- A 2001 study conducted by Stanford from personal experience about how portunity in the last Congress now University economists found that only difficult any minimum wage increase is think a magic redetermination of the 1 in 4 of the poorest 20 percent of fami- for small business and job growth, par- lowest wage for the lowest skills will lies would benefit from an increase in ticularly for the entry-level people dur- change people’s lives. the minimum wage. The way to im- ing the first couple of months they are Outside the glare of election year prove—truly improve—the wages and on the job. politics, I hope we can quickly pass a salaries of these American workers is Small businesses generate 70 percent job training bill that will truly im- through education and training, not an of new jobs. Let me say that again. prove the wages and lives of workers in artificial wage increase. Small businesses generate 70 percent of this country. With these realities in mind, I am of- new jobs. Since a negative impact of a Let’s be clear about what a minimum fering an amendment that recognizes minimum wage increase will affect wage hike will and will not do. First, the true cost of a minimum wage in- small business most directly, we have we must realize that large increases in crease on American workers and busi- proposed addressing the small business the minimum wage will hurt low-in- nesses, particularly small businesses. threshold which is set under current come, low-skilled individuals. Man- My amendment includes a minimum law at half a million dollars. If the dated hikes in the minimum wage do wage increase of $1.10, which is just original small business threshold, not cure poverty, and they clearly do like Senator KENNEDY’s amendment which was enacted in the 1960s, were to not create jobs. The Congressional right now. So we are really not talking be adjusted for inflation, it would be Budget Office has said: about the minimum wage amount. over $1.5 million. Most economists would agree that an in- My amendment addresses other needs The small business threshold was last crease in the minimum wage rate would for reform and the needs of small busi- updated 15 years ago. In those ensuing cause firms to employ fewer low-wage work- nesses that create most of the jobs in years, the national minimum wage has ers or employ them for fewer hours. this country. That is where the two been hiked, the economy has under- That is a CBO estimate, October 18, amendments differ. I have added some gone dramatic shifts, and the way work 1999. things beyond the $1.10 minimum wage is done in this country has changed for- What every student who has ever increase, and that is to smooth out the ever. The pending amendment raises taken an economics course knows is if bump a little bit for these small busi- that threshold to $1 million to reflect you increase the cost of something—in nesses that are creating these jobs, those changes. It ought to be at $1.5 this case a minimum wage job—you de- that are providing the training, that million. That is what inflation shows. crease the demand for those jobs. Mis- are helping people get better skills so But we are being reasonable. I like to leading political rhetoric cannot they can get better jobs. be reasonable on any of the proposals I change the basic principle of supply So my amendment addresses other put forward. So instead of going from a and demand. The majority of econo- needs for reform and the needs of small half a million dollars to $1.5 million, mists continue to affirm the job-killing businesses that create most of the jobs this bill only raises it to $1 million to nature of mandated wage increases. A in this country. Therefore, my amend- reflect part of those changes. recent poll concluded that 77 percent— ment is protective of economic growth My amendment also incorporates bi- that is nearly 17,000 economists; that is and job creation. I think if we had partisan technical corrections that scary, isn’t it?—but 77 percent, nearly worked this out in committee, prob- were originally proposed in 1990 by 17,000 economists believe that a min- ably the other side would have accept- then-Small Business Committee Chair- imum wage hike causes job loss. ed what I am about to do in additional man Dale Bumpers, who used to serve We simply cannot assume that a pieces to this bill, and a lot of this dis- on that side of the aisle when I was business that employs 50 minimum cussion would not have been necessary. first here. It was cosponsored over the wage workers before this wage increase Let me briefly review the provisions years by Senators REID of Nevada, is enacted will still employ 50 min- contained in my amendment. In doing HARKIN, PRYOR, MIKULSKI, BAUCUS, imum wage workers afterwards. so, we must bear in mind that small KOHL, and many others. Whether a business is in Washington or businesses continue to be the engine of As those Senators can attest, the De- Wyoming, employers cannot absorb an our economy and the greatest single partment of Labor disregarded the will increase in their costs without a cor- source of job creation. Any wage in- of Congress and interpreted the exist- responding decrease in the number of crease that is imposed on small busi- ing small business threshold to have jobs or benefits they can provide work- nesses poses difficulties for that busi- little or no meaning. The Labor De- ers. So we know there are losers when ness, the owner, and his or her employ- partment would make a Federal case we raise the minimum wage, but who ees. I will tell you, in small business, out of the most trivial paperwork in- are the individuals who will benefit? the employees recognize how tenuous fraction by the smallest businesses be- Minimum wage earners who support their job is. There are not a whole lot cause of what it interpreted as a loop- a family solely based on wage are actu- of layers that can be laid off before hole in the law. Some would say that ally few and far between. Fully 85 per- they get to them because there is the the 1989 bill to hike the minimum wage cent—85 percent—of the minimum owner and a couple of employees. And and small business threshold was wage earners live with their parents, because there are just a few in the unartfully drafted and permitted this have a working spouse or are living business, they know how the business result. Others say the Department is alone without children—85 percent; 41 operates. They know what the dollars misreading the clear language of the percent live with a parent or relative; coming in are and what the ability is statute. 23 percent are single or are the sole to change that unless they can increase Regardless, the fact is that a thresh- breadwinner in a house with no chil- productivity or sales. old enacted by Congress is not pro- dren; and 21 percent live with another Any wage increase that is imposed on viding the balance and fairness that wage earner. small businesses poses difficulties for was intended. This amendment cor- Our research shows that poor tar- that employer and his or her employ- rects that problem by stating clearly geting and other unintended con- ees. My amendment recognizes that re- that the wage and overtime provisions sequences of the minimum wage make ality and provides a necessary measure of the Fair Labor Standards Act apply it terribly ineffective at reducing pov- of relief for those employers. My to employees working for enterprises erty in America, the intended purpose amendment would make the following engaged in commerce or engaged in the of the policy. In fact, two Stanford changes that are critical, particularly production of goods for commerce. My University economists concluded that for small business. amendment also applies those wage-

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23162 CONGRESSIONAL RECORD—SENATE October 19, 2005 and-hour worker safeguards to home No matter how hard you try to make your would have 10 flexible hours they could work solutions. business safe for your employees, customers, work in 1 week in order to take 10 The second change: ensuring proce- neighbors and family members, in the end, if hours off in the next week. dural fairness for small business. This a government inspector wants to get you, We are not shifting pay periods or next provision is commonsense, good they can get you. The government cannot tell me that they care more for my family’s anything. We are making arrange- Government legislation. Surely, we can safety and my company’s reputation than I ments that if the employer and the em- all agree that small business owners, do. ployee agree, there can be a shift in the individuals who do the most to When one has a small business, the their work schedule. Here is a really drive our economy forward, deserve a people who work there are part of a important part. Flexible work arrange- break the first time they make an hon- family. Small business men and women ments have been available in the Fed- est paperwork mistake when no one is who are first-time violators of paper- eral Government for over two decades. hurt and the mistake is corrected. work regulations deserve our protec- We are not asking for anything that Small business owners have told me tion. the Federal Government does not al- over and over how hard they try to The third change: Providing regu- ready allow for Federal employees. comply with all the rules and regula- latory relief for small businesses. As I have to say, one of the problems tions imposed on them, mostly by the any increase in the minimum wage and one of the reasons this came to my Federal Government. As a former places burdens on small employers, it attention is that Cheyenne, WY—that owner of a small business myself, I is only fair that we simultaneously ad- is our biggest city in Wyoming—has a know what they mean. Yet for all that dress the ongoing problem of agencies little over 53,000 people. That is the work, a Government inspector can fine not fully complying with congressional capital. We have a lot of Government a small business owner for paperwork directives contained within the Small workers there because it is the capital. violations alone, even if the business Business Regulatory Enforcement The Government workers are allowed has a completely spotless record and to take flextime. the employer immediately corrects the Fairness Act. I will say that again: The Small Busi- The private businesses that are there unintentional mistake. Who is hurt? ness Regulatory Enforcement Fairness are not allowed to give flextime. So we Nobody is hurt, but it is an extra bur- Act. The titles are long to read, let have one spouse who works for the den on small business. Government who can shift their sched- I have to tell you a little bit about alone the bills that go with them. Under the law, agencies are required ule around to take an afternoon off to small business. They don’t have a lot of to publish small entity compliance go watch their child play soccer in an- employees. They don’t have any spe- guides for those rules that require a other town—and we have to drive some cialists out there. Big business can hire regulatory flexibility analysis. Unfor- long distances in Wyoming to get to people to take a look at the paperwork, the other towns to watch the soccer and small business has to stay as lean tunately, agencies have either ignored games—but the other parent cannot be- and mean as they can to make a profit. this requirement, or when they tried to Look at the difference between profits comply have not done so fully or care- cause the other parent is working for a in your small businesses and your big fully. Now, the previous issue I talked private company. businesses, and you will see they are about was small businesses having a Why would we discriminate that staying pretty lean and mean. little imperfection in a regulation for way? Why would we allow Government I remember the first hearing I held in the first time and correcting it imme- workers to do some things that the pri- Wyoming after I became a Senator was diately. Now we are talking about the vate ones cannot do under the same on small business issues. Federal Government having problems law? One has to remember, Wyoming has and ignoring requirements. Flexible work arrangements have kind of a small population. So I was We do not have a penalty for that, been available in the Federal Govern- thrilled when people from about 100 but it is something to which the Fed- ment for over two decades. This pro- businesses showed up for this hearing. eral agencies have to pay attention, gram has been so successful that in Afterwards, one of the reporters and my amendment does this by in- 1994 President Clinton issued an Execu- came up to me and said: Were you not cluding specific provisions that the tive order extending it to parts of the kind of disappointed in the turnout? Government Accounting Office has sug- Federal Government that had not yet I said, no, I was not disappointed in gested to improve the clarity of the re- had the benefits of the program. Presi- the turnout. These are small businesses quirements. People ought to be able to dent Clinton then stated: we are talking about, and if they had read the rules and know what they say The broad use of flexible arrangements to an extra person to spend half a day at without having to hire a specialist or a enable Federal employees to better balance a hearing, they would fire them, as lawyer. their work and family responsibilities can they have, to stay mean and lean, to The fourth change: Removing the increase employee effectiveness and job sat- stay in business. barriers to a flexible time arrange- isfaction while decreasing turnover rates and So there is a whole world of dif- ment. My amendment includes legisla- absenteeism. ference in trying to meet some of the tion that could have a monumental im- Now, why would we not want that to Federal paperwork mandates that are pact on the lives of thousands of work- be in the private sector, too? I mean, fineable. They are hard enough to learn ing men, women, and families in Amer- the private sector ought to have broad about, so the first mistake that does ica. This legislation could give employ- use of flexible arrangements to enable not affect anybody and is corrected im- ees greater flexibility in meeting and their employees to better balance their mediately ought not to be a fine. Even balancing the demands of work and work and family responsibilities, which the best intentioned employer can get family. The demand for family time is would increase employee effectiveness caught in the myriad of burdensome evident. and job satisfaction while decreasing paperwork requirements imposed on Let me give some of the latest statis- turnover rates and absenteeism. them by the Federal Government. tics. Seventy percent of employees do That sounds reasonable to me, that The owners of small businesses are not think there is a healthy balance what we said the Government could not asking to be excused from the obli- between their work and their personal benefit from that the private sector gations or regulations, but they do be- life. Seventy percent of the employees could benefit from, too. Why are we not lieve they deserve a break if they have say that family is their most impor- allowing the private sector to do that? previously complied perfectly with the tant priority. I could not agree more with Presi- law. The family time provision in my dent Clinton, but we now need to go As Jack Gold, the owner of a small amendment addresses these concerns further and extend this privilege to pri- family business in New Jersey, told head on. It gives employees the option vate-sector workers. We know this leg- Congress a few years ago at one of our of flexing their schedules over a 2-week islation is not a total solution. We hearings: period. In other words, employees know there are many other provisions

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23163 under the 65-year-old Fair Labor about it. Employees in Government minimum wage laws. Non-tipped em- Standards Act that need our attention, areas such as Cheyenne, WY, have ployees in these States, in these busi- but the flexible time provision is an heard about it because, as I mentioned, nesses, are negatively impacted by the important part of the solution. It gives one spouse has the right because they mandated flow of scarce labor dollars employees a choice, the same choice as work for the Government. The other to the tipped positions. In addition, Federal workers. spouse does not have the right because employers in these States are put at a I want to give a little bit of a sum- they work for private business. competitive disadvantage with their mary on that flextime proposal because I have to say, both of those spouses colleagues in the rest of the country this is a key part of it. I have heard are really upset that we have not who can allocate employee compensa- some flak before and, again, I think if changed the law. We need to do that. tion in a more equitable manner. we were debating this in the committee Sometimes there is some criticism of My amendment expands the tip cred- situation and working it out when we this so I have to repeat again the flex- it to non-tip credit States, consistent were not in front of the TV cameras time proposal does not affect the sanc- with the initial establishment of the that we would probably come up with tity of the 40-hour week. The 40-hour credit under the Fair Labor Standards this as a reasonable solution. It would week remains the law. Under the flex- Act. be included in a bill, and we would time proposal an employee would earn I can probably give a little better and probably pass it through by unanimous overtime in the very same way he or more detailed explanation. What is the consent. But it gets mixed in with the she currently does, by working more tip credit? The tip credit allows an em- minimum wage debate, and needs to be, than 40 hours in the same 7-day period. ployer to apply a portion of an employ- so I want to make sure people under- This proposal does not impact any ee’s tip income against the employer’s stand this. worker who prefers to receive mone- obligation to pay the minimum wage. The flextime proposal would provide tary overtime compensation. It will Federal law requires a cash wage of at employees with the option of choosing not require employees to take compen- least $2.13 an hour, and it allows an em- time paid off for working overtime satory time—I should say flextime. I do ployer to take a tip credit of up to $3.02 hours through a voluntary agreement not even want that word ‘‘compen- of the current minimum wage. with their employer. It will do this by satory’’ in there because I do not want Seven States do not allow a tip cred- allowing them the option of flexing any confusion, as has been stated pre- it, instead requiring the tipped employ- their schedule over a 2-week period. In viously. Previously, we have offered ees receive the same minimum wage as other words, employees would have up flextime and comp time. This is a flex- other employees. Non-tipped employees to 10 flexible hours they could work in time proposal. are negatively impacted by the flow of 1 week in order to take paid time off It will not require employees to take scarce labor dollars. This amendment during the following week. flextime, nor will it require employers expands the tip credit to non-tip credit I do not want anybody confusing this to offer it. The bill contains numerous States, consistent with the initial es- with a comp time provision that was safeguards to protect the employee and tablishment of the credit under the put in before. This does not include the to ensure the choice and selection of Fair Labor Standards Act. Therefore, comp time provision. So any accusa- flextime. It is truly voluntary on the States which do not currently recog- tions that this is taking overtime away part of the employee. nize the tip credit will be allowed to from anybody, I would contend, even The proposal does not prevent an em- take a credit for tips of up to $3.02 of under the comp time solution is not ployee from changing his or her mind the minimum wage, which will be $6.25. valid. Under a flextime proposal, it is after he or she chooses time off in lieu For other current law, this calculation not valid. Again, it is the same thing of monetary compensation. An em- will be based on employees’ own report- that we decided that Federal employ- ployee can choose at any time to cash ing of tips to their employers. ees could have, and if we would put any out any and all time off. The employer There is a false accusation out there, extra strain on a Federal employee I must make the payoff. and it happened in previous debates. am sure that would be illegal under The fifth change I am making: ex- The Democrats misconstrued the effect wage and labor laws. So what we are tending the restaurant employee tip of this change and alleged it would nul- proposing is the same thing as Federal credit. A major employer of entry-level lify all State wage-and-hour statutes in workers. workers is the food service industry. States that do not have a tip credit. Now, as I mentioned, this provision The industry relies on what is known This was never the intent of the provi- will allow them the option of flexing as the tip credit, which allows an em- sion, and additional language has been their schedules over a 2-week period, ployer to apply a portion of the em- added to clarify that only affects the give them up to 10 flexible hours they ployee’s tip income against the em- minimum wage rate provisions. Fur- could work in 1 week in order to take ployer’s obligation to pay the min- thermore, the provision will only affect paid time off during the following imum wage. States that currently lack a tip credit. week. This program would be strictly Currently, the Federal law requires a So we have added language to clarify it voluntary. No employer and no em- cash wage of at least $2.13 an hour for so it is only the minimum wage rate ployee can be forced to enter into a tipped employees, and it allows an em- provisions. That is a very important flextime agreement. However, this leg- ployer to take a tip credit of up to $3.02 part of that. islation prohibits intimidation, of the current minimum wage. To pro- The sixth provision is a small busi- threats, and coercion by the employers tect tipped employees, current law pro- ness tax relief. I apologize for having to and would provide penalties for viola- vides that a tip credit cannot reduce an explain all of these on the floor. Again, tions of the prohibition. The flextime employee’s wages below the required this would be much better as com- legislation will not take away anyone’s minimum wage. Employees report tips mittee work, but that has not been the right to overtime pay. to the employers, ensuring that an ade- opportunity. The authority to allow employees quate amount of tips are earned. If we are to impose greater burdens flextime also sunsets 5 years after en- The facts are that seven States— on small businesses, we should give actment of the bill. I am that confident Alaska, California, Minnesota, Mon- them tax relief at the same time. My that it will be proven to be a necessity tana, Nevada, Oregon, and Wash- amendment would extend small busi- for the employees, so much so that in ington—do not allow a tip credit, how- ness expensing, simplify the cash ac- all 50 States they will be demanding ever, requiring raises for an hourly em- counting methods, and provide depre- that their Senator keep flextime for ployee when States increase their min- ciation relief for restaurants. All these them. The only reason it is not being imum wage. The lack of a tip credit re- tax provisions are fully offset; they are demanded in all 50 States at the quires these employers to give raises to paid for. But they, again, smooth the present time is because there are a their most highly compensated em- bumps on those businesses that will be bunch of employees who have not heard ployees, the tipped staff, under State most impacted by an increase in the

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23164 CONGRESSIONAL RECORD—SENATE October 19, 2005 minimum wage, which gives them a The PRESIDING OFFICER. Without tisan leadership on this amendment— way to be able to pay the increase in objection, it is so ordered. The clerk particularly Senator COLLINS—for join- the minimum wage. Remember, that will report. ing me in this effort. She has been a has to be paid for, too. Otherwise it The assistant legislative clerk read stalwart over several Congresses with drives them out of business, which as follows: respect to supporting the Low-Income means fewer jobs or it requires them to The Senator from Rhode Island [Mr. REED], Home Energy Assistance Program. reduce other benefits, and often there for himself, Ms. COLLINS, Mr. KERRY, Mr. We are reaching across the aisle and are not other benefits. KENNEDY, Ms. SNOWE, Ms. CANTWELL, Mrs. across the country to provide more as- In total, the additional provisions of CLINTON, Mr. COLEMAN, Mr. HARKIN, Mr. DOR- sistance to the LIHEAP program. We GAN, Mr. SCHUMER, Ms. STABENOW, Mr. my amendment are intended to miti- offer this amendment with 30 cospon- SMITH, Mr. LAUTENBERG, Mr. BAUCUS, Mr. sors. It is bipartisan, stretching across gate the small business impact of a BINGAMAN, Mr. KOHL, Mr. DURBIN, Mr. JEF- $1.10 increase in the minimum wage. I FORDS, Mr. SALAZAR, Mrs. LINCOLN, Ms. MI- the length and breadth of this country. share the view of my colleagues, if we KULSKI, Mr. LEAHY, Mr. ROCKEFELLER, Mr. It seeks to add $3.1 billion to the HUD are going to impose such a mandate on LIEBERMAN, Mr. JOHNSON, Mr. REID, Mr. appropriations bill in emergency en- the Federal level, we must do our best CORZINE, Mr. LEVIN, and Mr. DODD proposes ergy assistance. to soften its blow. This may be the best an amendment numbered 2077. Energy costs for the average family we can do today, but I entreat all of Mr. REED. I ask unanimous consent using heating oil are estimated to hit my colleagues to look at the true root the reading of the amendment be dis- $1,577 this winter, an increase of $378 of the problem for minimum wage pensed with. over last winter’s heating season. For workers, and that is minimum skills. The PRESIDING OFFICER. Without families using natural gas, prices could We all share the same goals, to help objection, it is so ordered. hit $1,099 this winter heating season, an American workers find and keep well- The amendment is as follows: increase of $354. Families using pro- paying jobs. Minimum skills, not min- (Purpose: To provide for appropriations for pane can see heating costs on average imum wages, are the problem. Edu- the Low-Income Home Energy Assistance this heating season to be approxi- cation and training will solve that Program) mately $1,400. That is another increase problem and lead to the kind of in- At the end of title VI, insert the following: of $300. For families living in poverty, creased wages and better jobs we all ADMINISTRATION FOR CHILDREN AND FAMILIES energy bills now are approximately 20 want to create for our Nation’s work- LOW INCOME HOME ENERGY ASSISTANCE percent of their income compared to 5 ers. For making payments under title XXVI of percent for other households. Unless we Let’s work together to get the Work- the Omnibus Budget Reconciliation Act of take action now, we are going to see force Investment Act passed and 1981 (42 U.S.C. 8621 et seq.), $3,100,000,000, for families in this country, low-income the unanticipated home energy assistance conferenced—conferenced this time—so working families, families struggling needs of 1 or more States, as authorized by with the issue of poverty, seniors who the President can sign it and get high- section 2604(e) of the Act (42 U.S.C. 8623(e)), er skills training accelerated. which amount shall be made available for are living on fixed incomes being dev- Let me run through quickly what obligation in fiscal year 2006 and which astated. those six proposals are: raise the min- amount is designated as an emergency re- Mr. REID. Will the Senator yield? imum wage by $1.10 over 18 months—we quirement pursuant to section 402 of H. Con. Mr. REED. I yield to the Democratic agree on that; permit family flextime Res. 95 (109th Congress), the concurrent reso- leader. for workers so that workers in private lution on the budget for fiscal year 2006. Mr. REID. I would state Senator BAU- business have the same opportunity as Mr. REED. I also ask unanimous con- CUS has a unanimous consent request workers in the public sector; increase sent Senator DODD be added as a co- and would like to make a few remarks the small business exemption from the sponsor to the amendment. prior to that. Will the Senator yield to Fair Labor Standards Act so that the The PRESIDING OFFICER. Without Senator BAUCUS? small business level changes from objection, it is so ordered. Mr. REED. I am prepared to yield. $500,000 to $1 million; the small busi- Mr. REED. I further ask unanimous My colleague from Maine is here to ness one-time paperwork errors relief, consent that Senator NELSON of Flor- speak. when it is for the first time and cor- ida be added as an original cosponsor of Mr. REID. I ask you to yield to your rected immediately; the small business amendment No. 2113. colleague from Montana first. regulatory relief actually being oper- The PRESIDING OFFICER. Without Mr. REED. If I could do so and then, ated to protect small businesses; the objection, it is so ordered. with the order being that at the con- Mr. REED. Madam President, the minimum wage tip credit for res- clusion of Senator BAUCUS, Senator topic of this amendment is increasing taurant workers; and then some other COLLINS be recognized to speak. the funds available for the Low-Income small business tax relief mainly aimed Mr. REID. We, of course, have no ob- Home Energy Assistance Program, at those businesses that will be most jection if you get the floor following LIHEAP. We are about to see a second affected by what we are doing. Senator BAUCUS. tidal surge from Katrina and Rita; it is The PRESIDING OFFICER. Is there I urge my colleagues to oppose the not rising waters, it is rising energy objection? amendment offered by Senator KEN- prices, and those rising prices are going Mr. BROWNBACK. Let me make sure NEDY and urge all Senators to support to break with ferocity on people all I understand this. my amendment so we get the whole over this country, particularly those Mr. REID. I asked the Senator from process taken care of. Again, I thank individuals who live in States that are Rhode Island to yield to the Senator my colleagues for their patience. I going to see a cold winter, which is be- from Montana. He has a brief state- needed to explain this in some detail ginning shortly. Low-income Ameri- ment and unanimous consent request since it has not been handled in com- cans are going to be faced with extraor- he is going to make. Then I have no mittee. dinary challenges in meeting their en- problem. I yield the floor. ergy bills this winter. Mr. REED. Reclaiming the floor, I The PRESIDING OFFICER (Ms. MUR- We have already seen huge increases ask how long the Senator from Mon- KOWSKI). The Senator from Rhode Is- in prices of heating oil, natural gas, tana might speak? land. and propane. We understand, without Mr. BAUCUS. I expect maybe 4 or 5 AMENDMENT NO. 2077 some further assistance, we will be in a or 6 minutes. Mr. REED. Madam President, I ask very precarious position, and these Ms. COLLINS. Madam President, the unanimous consent the pending amend- families will be in a distressed posi- Senator from Rhode Island and I have ment be set aside and further ask tion. I particularly thank Senator COL- been waiting for some time to give our unanimous consent to call up amend- LINS, Senator SNOWE, Senator COLE- comments. I expect that my comments ment No. 2077, pending at the desk. MAN, and Senator SMITH for their bipar- are only going to be 5 minutes.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23165 Mr. REID. We will be happy to wait This really is a choice, for many low- their pharmacy benefits, ending their until the Senator from Rhode Island income families in our country, of buy- institutional care for the mentally re- and the Senator from Maine finish ing the home heating oil or natural gas tarded, ending their dialysis and other their statements. that they need to keep warm or put- benefits, cutting off care for their Mr. REED. Madam President, I think ting adequate food on the table or buy- medically needy, breast and cervical probably the most efficient way to do ing much-needed prescription drugs. cancer patients, as well as thousands of this is let me yield the floor to the Surely, in a country as prosperous as low-income children. Senator from Maine. When she con- ours, no low-income family should be We have spent far too long talking cludes, I ask the Senator from Mon- forced to make those kinds of choices. about this bill. Far too many times tana be recognized. At the conclusion I urge support for the amendment of- have we been asking unanimous con- of the comments of the Senator from fered by the Senator from Rhode Island sent to get this bill passed—far too Montana, if I can be recognized again, and myself, and again I thank the Sen- long. These are temporary provisions. I will finish my statement. ator for his courtesy in yielding to me. America can do better. America can The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- help its people in need in times of objection, it is so ordered. ator from Montana is recognized. emergency. The Senator from Maine. UNANIMOUS-CONSENT REQUEST—S. 1716 Where is America? Where is the Sen- Ms. COLLINS. Madam President, Mr. BAUCUS. Madam President, it ate? first, let me thank my colleague and has been more than 7 weeks since Hur- My colleagues, Senator GRASSLEY, friend from Rhode Island for accommo- ricane Katrina hit the gulf coast—7 Senator LANDRIEU, Senator LINCOLN, dating my schedule and for his usual weeks. Nearly 1.5 million Americans and Senator REID have all spoken pas- graciousness. It has been a great pleas- have been displaced. Tens of thousands sionately supporting moving this bill ure to work with him on an initiative of these survivors have no health care forward and moving it forward imme- that is so important to low-income coverage and no money to pay for care. diately. families in our country and that is in- It is high time for passage of the Grass- I hope we can get this bill passed and creasing the funding for the Low-In- ley-Baucus Emergency Health Care Re- enacted into law without delay. We come Home Energy Assistance Pro- lief Act, S. 1716. owe at least this much to our fellow gram. We are proposing to increase the On Monday, the Los Angeles Times Americans hit by Katrina and its after- funding to the amount authorized by ran a story on a 52-year-old schoolbus math. the energy legislation that was signed driver from New Orleans, Emanuel Wil- It ties in very much with the latest into law a couple of months ago, so we son. Mr. Wilson survived Katrina, but dialog on the floor with the Senator are proposing to bring it to the fully his life is still at risk. Why? Because he from Rhode Island about the need for authorized level of $5.1 billion. has intestinal cancer and he has no LIHEAP money. Energy costs are Madam President, I am sure it is health insurance. very similar in your State. When I go going up around the country. They are Mr. Wilson was getting monthly going up so quickly, so high, and it is home to Maine, as I do every weekend, chemotherapy injections before the the kind of problem facing the people the No. 1 issue that people talk to me storm, but now he cannot get any down on the gulf coast. about is the high cost of energy. They health care. I urgently ask our colleagues to sup- have expressed over and over their fear He lost his job and his health cov- port this bill. that they simply will not be able to af- erage because of Katrina, and he is in- I ask unanimous consent that the ford the cost of heating oil for their eligible to receive Medicaid. homes this winter. The cost increases According to the New Orleans Times- Senate proceed to the consideration of have been enormous. They are, in part, Picayune, more than half of all hurri- Calendar No. 214, S. 1716, a bill to pro- attributable to the two hurricanes that cane evacuees still in Louisiana who vide emergency health care relief for we have endured, and that is why I sought Medicaid coverage since survivors of Hurricane Katrina; that view this as part of the emergency re- Katrina have been turned away. More the bill be read a third time and sponse to Hurricane Katrina and Rita. than half were turned away. These are passed, and the motion to reconsider be Right now in Maine, we have already poor people. They aren’t people with a laid upon the table. had some nights that have plunged lot of money. They are poor people. The PRESIDING OFFICER. Is there below freezing. In Maine, 78 percent of They can’t get coverage because they objection? all households use home heating oil to do not meet the rigid eligibility guide- Mr. SUNUNU. Madam President, if I heat their homes. Currently, the cost lines under Federal Medicaid law. might reserve the right to object, we of home heating oil is more than $2.50 We need to relax those guidelines on had this conversation on the floor be- per gallon. I actually paid $2.72 per gal- a temporary basis, on an emergency fore. The bill has been brought to the lon recently. That is a considerable in- basis, to help those survivors des- floor, and attempts have been made to crease, 60 cents or more a gallon, over perately in need. pass it by unanimous consent. last year’s already high prices. This morning, my staff met with Sec- This bill includes provisions that These high prices greatly increase retary Cerise, secretary of Louisiana’s change the reimbursement rates under the need for assistance. More low-in- Department of Health and Hospitals. Medicaid for 29 States, regardless of come families are going to be in dire And Dr. Cerise reported that Louisi- how many evacuees they might have in straits. Moreover, as it increases, it ana’s Medicaid Program has enrolled that State, regardless of whether they has an impact on the amount of money 60,000 new individuals because of were affected by Hurricane Katrina or that can be given out, so we have a pot Katrina, which would cost the State Hurricane Rita. It is completely inap- of money that is going to have to be about $83 million if they were to pay propriate to try to make adjustments spread over a larger population at a for the care. in Medicaid under the umbrella or the time when prices are soaring. Louisiana has just lost about one- cover of hurricane relief. Last year, there was an average ben- seventh of its total expected State rev- There are legitimate questions about efit in Maine of $480. This year it is ex- enue this year, and they cannot bear whether and how we can provide assist- pected that the benefit would have to these additional costs. They are likely ance to those under Medicaid affected be cut to $440. That would purchase to need to make dramatic cuts to the by Hurricane Katrina or Hurricane only 173 gallons of oil, far below last Medicaid Program if they don’t get Rita. year’s equivalent benefit of 251 gallons, help soon. Eight States have already been and not nearly enough, of course, to go Dr. Cerise reports that Louisiana will granted waivers to modify eligibility through a Maine winter. To purchase have to cut all optional services to to help provide that coverage. But in the same amount of oil this year as beneficiaries if they do not get help. an effort to deal with some of the con- last, Maine would need an additional What does that mean? That means cerns I have—and other Senators have $10.8 million in LIHEAP funds. ending their hospice programs, ending concerns about this bill—this $9 billion

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23166 CONGRESSIONAL RECORD—SENATE October 19, 2005 bill to support a statute that gives the bill that may be trimmed down a little have incurred more expenses in Med- Secretary of Health and Human Serv- bit and paid for out of FEMA, then we icaid expenditures to help these fami- ices the power to change reimburse- would be doing the country a great lies so that these caring people in ment rates to compensate States for deal of service. States around the gulf coast area who additional costs incurred under Med- But to stand here day in and day out are really trying to help will not be ig- icaid as a result of the hurricane, we for 27 weeks, for a Senator to stand on nored by the Federal Government. would put into law the uncompensated the floor and say we can’t help people Is that the intent of the amendment? care pool that is part of this legislation in Louisiana and the Gulf States, we Mr. BAUCUS. The Senator is correct. to help deal with some of the costs out- could sure help New Yorkers after 9/11. That is the intent of the amendment. I side of Medicaid. We have even pro- We can help them, but we can’t help thank the Senator for raising that posed providing some support and as- the people on the gulf coast. point. sistance to community health centers, These are the same Medicaid provi- This is not a partisan effort at all. something that is not even in this leg- sions that we gave the people in New This is just a compassionate effort on islation—community health centers York City as a consequence of 9/11—the the part of both Republicans and being so critical to providing assist- same eligibility standards, the same. Democrats. I might say that all Sen- ance not just to Medicaid beneficiaries In other words, let us do it for the ators—Republicans and Democrats—in but to those who are underinsured or gulf coast people, if we can do it for the States affected would like to see those who are without any health in- New Yorkers. It is great for New York- this bill passed. All the Governors in surance for whatever reason. I think ers. We are all for it. Let us figure out the States affected—Republicans and these are very reasonable proposals. a way to help the people in the Gulf Democrats—would like to see this bill I think this is a good-faith effort to States—help them a little bit. This ad- passed. The House delegations from the address some of the concerns that have ministration does not want to do so, States affected would like to see this been presented, but even in the absence and the other side doesn’t want to do bill passed. It is very much bipartisan. of legislation through the State waiver so. I cannot believe it when the big The second point the Senator made is process, through the efforts of Sec- rush right now is to cut Medicaid—cut a very good one. A lot of evacuees have retary Leavitt of Health and Human Medicaid, cut Medicaid. We want to gone to a lot of States across the coun- Services, I think every good-faith ef- help the people. try—many in Illinois. Some have come fort is being made to provide assist- Mr. DURBIN. Madam President, will to my State in Montana from New Or- ance, to provide coverage to those in the Senator yield for a question? leans. We are very gracious and want need. Mr. BAUCUS. I would love to yield to to do all we can to help the people who Given that fact, I will object at this the Senator. are so dislocated. time to the unanimous-consent re- Mr. DURBIN. If the Senator from If we stop and think for a moment, quest. Montana will yield for a question, I the Senators lead pretty comfortable The PRESIDING OFFICER. The Sen- would like to ask him about New York lives. For these people, it is incredible ator from Montana. City. Isn’t it a fact that after the 9/11 hardships they are going through. We Mr. BAUCUS. Madam President, with disaster, within 2 weeks we expanded forget all they have to go through. all due respect, we have heard these Medicaid coverage under a disaster re- They don’t have houses, anyplace to lamentations before. We have heard it lief Medicaid assistance program so live, no way to pay bills, no job, their all, with due respect, before. that 340,000 New Yorkers were able to kids are out of school, or where they Let me just clear the record a little start receiving Medicaid for 4 months? can go to school, health care needs— bit. The Senator mentioned waivers. We spent $670 million on that assist- they are incredibly affected. The Secretary has admitted that he ance. We did that within 2 weeks. And I do not know how many Members does not have authority under the now 7 weeks have passed, and this ad- have gone down to the gulf coast. Raise waiver system to do what needs to be ministration has not come forward your hand if you have gone down to the done. He does not have authority to with any help for Hurricane Katrina gulf coast and have seen it all. There make these hospitals—not whole but to victims when it comes to Medicaid. are two. We have seen it. It is Biblical. get some uncompensated care for these Mr. BAUCUS. In answer to the ques- There is not a word for it. It is a trag- hospitals. He does not have authority tion of my colleague, it is absolutely edy that is affecting people on the gulf to do so. He does not have authority to true. We came to the aid of people who coast. It is Biblical. My Lord, my God, make other provisions that are nec- needed aid in New York within a couple why can’t the Senate do something essary in this bill. of weeks. That was the right thing to about it? I must say this is a temporary bill. It do. We are a passionate people, a coun- Why are we here, Senators? To say is only on an emergency basis. try willing to help people in need, par- no? That is not why we are here. We I am willing to—and I think a lot of ticularly when it is an emergency need. are here to do the right thing. We are my colleagues are willing and con- Mr. DURBIN. If the Senator will not asking for the Moon. We are just cerned about the costs—take it out of yield for a further question, this is a asking for a little bit of help. the unspent FEMA money. We appro- bipartisan amendment which the Sen- Mr. DURBIN. If I can ask one more priated in this body about $60 billion ator just offered, along with Senator question, so those who are following for FEMA. I understand that maybe GRASSLEY, Republican of Iowa, Senator this debate understand, the Senator roughly $40 billion of that has not been BAUCUS, of course, of Montana, and asked unanimous consent to go to this spent. many other colleagues to come forward temporary measure—a 5-month meas- If the Senator is concerned about the to try to help the victims of this hurri- ure, a bipartisan measure—to help the costs, we could take it out of FEMA cane. Have we turned the page now? victims of Hurricane Katrina, and be- and help people who really need help. Are we not thinking about what hap- cause one Senator from one State on The Secretary does not have the au- pened down there? I hope we haven’t. the other side of the aisle objected, we thority to do what needs to be done. Let me ask the Senator from Mon- cannot move to consider this issue at And, second, the administration has tana, is it a fact, No. 1, that the relief this time. Is that true? not come up with any real plan to say that he is proposing is temporary and Mr. BAUCUS. The Senator is correct. where the money is going to come short term? It is 5 months of Medicaid That is the situation we are in. from. It is all just talk, words. relief for these people who are in the Mr. DORGAN. Madam President, if If the Senator from New Hampshire worst circumstances. And, second, it the Senator will yield for a question, I is willing to take the money out of would help States like mine and many think I heard those who object to the FEMA, or if he is willing to say trim others that have brought in evacuees. unanimous consent request of the Sen- back a little bit to come up with a deal In our case, we brought 5,000 evacuees ator from Montana suggest that some- with 29 States to immediately pass a into our State to help them out. We how he is trying to solve a problem

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The second is increased energy ticularly low-income people, who have this Congress. prices for the rest of the country. lost everything? Mr. BAUCUS. Madam President, I No family should be forced to make Incidentally, I went to the Armory might also add, the primary sponsor of choices between heating or eating. here in Washington DC and talked to this legislation is the chairman of the That is precisely what many families those folks who have come here, left Committee on Finance, Senator CHUCK will be faced with this winter unless we home with nothing to escape the rav- GRASSLEY from Iowa. Senator GRASS- adopt this proposal and increase ages of the flood waters and are there LEY is known in this Senate, probably LIHEAP funding by $3.1 billion. with their children and the clothes on more than any Member for doing the The RAND Corporation found in a their back and nothing else. right thing. He is not a partisan. He is study that low-income households re- What are the real consequences for not political. He does what he thinks is duced food expenditures by roughly the people who are in that situation if the right. It is clear to the chairman of the same amount as their increases in fuel Senator’s legislation is not adopted? Senate Committee on Finance that expenditures. They cut back on food to pay for heat. That is not something We did this for 9/11 victims. We did it this is right. I join with him to do any American wants to see or wants us for a good reason, I assume. If we don’t something that is right. do it here, and now weeks have We have talked this out with all to tolerate. It is particularly difficult for seniors. marched by with no action, what are members of the committee, both sides, Recently, I visited the home of Mr. the human consequences of our decid- how to tailor this, modify it, make it Ohanian in Cranston, RI. Mr. Ohanian ing not to do this? work or not work, and I am quite con- is an 88-year-old veteran of our mili- Mr. BAUCUS. I appreciate the Sen- fidence it would be agreed to unani- tary service. He served this country. ator’s question. People are not going to mously by all members of the com- Now he lives on a Social Security get health care. The diabetics will be mittee. check of $779 a month. One does not scrambling wondering where they are I mentioned the States affected. The have to have advanced training in eco- going to get their insulin shots. People Senators of the States affected all nomics to figure out that with these getting chemotherapy will be won- want this. The Governors all want energy prices this year in the North- dering where in the world they are this—and there are more Republican east—Senator COLLINS indicated she going to get their chemotherapy. For than Democrat. And the mayors want was paying $2.70 a gallon for heating mentally affected people, where are it because they know it is the right oil—that adds up quite quickly, and it they going to get their assistance? Par- thing to do. wipes out a monthly income of $779. As ticularly those who have lost their jobs Again I make the request. a result, Mr. Ohanian has to go to his and don’t have any insurance anymore, Mr. SUNUNU. Madam President, re- daughter’s house sometimes for food, where are they going to get their insur- serving the right to object, and I apolo- goes to soup kitchens to get help. He ance? If they lost their jobs and they gize for taking additional time, I know deserves it. He served this country in a do not have money to even pay for ba- Senator REED is due to be recognized most difficult time, in uniform. What sics, let alone health care, how are by consent as soon as this lengthy and, we have is a situation where last year they going to pay for food? Where are in my opinion, unnecessary discussion Mr. Ohanian received $600 in LIHEAP they going to live? It is incredible. is complete. It is important to note payments. It helped. It did not pay for I wish all Members in this Senate this bill does not take the funding out all the fuel costs, but it helped. Unless would go to the gulf coast and walk of FEMA as has been represented. We we put this money in, his costs will be around New Orleans, walk around the suggested that. way out of proportion to what he can gulf coast of Mississippi, and feel, see, Mr. BAUCUS. If the Senator is will- bear. smell, taste how devastating this trag- ing to take it out of FEMA, we are Recently, the Social Security COLA edy is. We would be rushing to pass willing to do that. was announced. It is $65 a month. Any this legislation if Senators would go The PRESIDING OFFICER. Is there increase is appreciated, but that is al- down there to see what is going on. objection? ready wiped out more or less by in- Mr. DORGAN. If I might ask an addi- Mr. SUNUNU. Madam President, I creased contributions to health care tional question, this is about health object. programs that are required. When you care. Health care is not a luxury. When The PRESIDING OFFICER. The ob- put on top of that for a senior this huge you or your kids are sick, particularly jection is heard. spike in energy prices—be it natural in the circumstances where you have The Senator from Rhode Island is gas, heating oil, or propane—they are been the victim of a significant dis- recognized under the previous agree- losing ground rapidly, unless, of aster, you have been displaced and lost ment. course, we act to at least bring them everything, health care ought not be a Mr. REED. Madam President, I will up to the level of last year’s program. function of whether you have money in continue my remarks about the We need to fully fund the LIHEAP your billfold. LIHEAP program. I certainly salute program at the $5.1 billion authorized I ask the Senator from Montana, is it the Senator from Montana for his pas- in the Energy bill. This amendment the case that your legislation will not sion, his eloquence, and his sense of de- would do that. It would add $3.1 billion break the bank? You have suggested cency. We should be moving on this in emergency spending to the $2 billion other ways to pay for it. It is bipar- legislation. It is a bipartisan effort, the President has requested. That is tisan. You are coming to talk about just as this LIHEAP legislation is a bi- roughly what we had last year, just a something that is an essential for peo- partisan effort. They are both linked little bit below. Do the math. If we ple. This is not some luxury. We are by the devastation in the gulf. So have just $2 billion and we have in- talking about health care. When we many families have been displaced creased energy prices—just take heat- talk about the five most important from their homes, their homes de- ing oil. Last year, heating oil was things for people here, there, or wher- stroyed. They are looking for health roughly $1.92. Expensive? Yes. Now it is ever, health care is right near the top. care. Other families in the Northeast, $2.70. The same amount of monthly in- If you do not have health care, if you in the Midwest, in the Far West, and in come, huge increases in energy costs. do not have your health, you do not the Mountain States where this winter How can we provide that assistance we have much. will be cold and difficult to bear will provided just last year?

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As Senator COLLINS indicated, look tion Act to bring prices down at the like to enter into a time agreement to at the poverty numbers. Poverty has gas pump in the wake of natural disas- speak on this amendment. increased every year for the last sev- ters such as Hurricane Katrina. The PRESIDING OFFICER. Does the eral years. There are more people In addition, we have to pass Senator Senator object to the request? DORGAN’s Windfall Profit Rebate Act qualified for this program. This is an Mr. BOND. Madam President, there which imposes a temporary windfall anticipated disaster—in some respects, is time to speak. We would be happy to profit tax on big oil companies and the same way Katrina was anticipated. find the time for the distinguished Sen- uses the revenue to bring a rebate to I hope we can learn from Katrina, not ator from Washington to speak. We are American consumers to help offset the just sit back and watch idly, watch the just asking this be set aside. If the ob- higher cost of oil and gasoline prod- impact, watch poor people suffer. Not jection is sustained, we will go imme- ucts. I am told the oil companies—the just poor people who were caught up in diately to a vote and get it out of the energy companies—will be reporting the tumult and terror of New Orleans— way. but poor people in Portland, ME; New their quarterly earnings in the next Mr. REED. Madam President, par- Haven, CT; in Cleveland, OH; in Se- few days, and most estimates are they liamentary inquiry: I believe what hap- attle, WA; in Butte, MT. I expect it could be the most profitable reports pened, the floor manager raised a budg- gets cold out there in the winter. They ever issued by companies in this coun- et point of order. I have requested a will be caught up. try because of this extraordinary run- I thought after Katrina we had a up in pricing. Some of that money waiver of that act. We have agreed at coming together, led by the President, should come back to Americans. some time in the future we will have a to recognize we are failing people who Total energy spending in this Nation vote on that. Now it is in order to have are poor, that we are not doing what this year will approach $1 trillion—24 further discussion of the amendment, we have to do to keep faith with them. percent higher than in 2004. It will and Senator CANTWELL can discuss her I can remember his words at the Wash- claim the largest share of U.S. output amendment. ington National Cathedral. Have those since the end of the oil crisis 20 years Mr. BOND. Madam President, I be- words evaporated already? Are those ago. Oil and natural gas companies lieve that is correct. words not operative now? I hope they make huge profits while workers’ sala- The PRESIDING OFFICER. The Sen- are. I hope we take them to heart. If we ries are declining in real terms. This is ators are correct. do, we will pass this amendment, and wrong. We have to fix it. Mr. BOND. Madam President, before We have to pass Senator CANTWELL’s we will pass the legislation of Senator I yield the floor to the other Senators legislation, Senator DORGAN’s legisla- BAUCUS and Senator GRASSLEY. That is who wish to speak, first, let me point tion, and, of course, immediately, we what I thought the President was tell- out that while LIHEAP is a very im- have to help restore funding and in- ing us to do at the Cathedral speech. portant subject, it has nothing to do crease funding for LIHEAP program. Now, even if we do have funding of an with this bill. There will be the Labor- The President and Secretary Bodman additional $3.1 billion, we are still only HHS appropriations bill on the floor have called on Americans to reduce serving about one-seventh of the 35 next week. There will also be a supple- their energy use. They have to lead by million households poor enough to mental bill which will deal with it. example. One way to lead is to support, qualify for assistance. So we are not While I am a big supporter of LIHEAP, articulate, and advocate, for sensible talking about a program that has so this measure should be appropriately energy programs and this LIHEAP pro- much money that they do not know discussed in the forum where LIHEAP posal to increase that funding. what to do with it. What they have is is handled. Either one of those two ve- We have to do much more. I hope we so many customers and clients that hicles is appropriate. they do not know what to do with begin, with respect to energy, by recognizing the pending crisis that will face Now, Madam President, I ask unani- them. And what happens, is these peo- mous consent that at 4:30 today, the ple will apply to the community action so many families in this country, so many seniors. They will be cold this Senate proceed to a vote in relation to agencies across the country, and they the Kennedy amendment No. 2063, to be will be put on waiting lists. They will winter. They will give up eating so they can heat their homes. They will followed by a vote in relation to the try to help some. We can do much bet- Enzi amendment No. 2115. I further ask ter. I hope we can start by passing this miss mortgage payments and rent payments because they have to at least consent that prior to those votes there legislation. be 3 hours for debate equally divided We also need Presidential leadership. stay warm. We can do much better. America can between Senators ENZI and KENNEDY to What has happened from the speech on run concurrently on both the Enzi and the pulpit of the National Cathedral do better. I hope we do. I yield the floor. Kennedy amendments; provided further until today when it comes to LIHEAP? Mr. BOND. Pursuant to section 402 of that no second-degree amendments be Nothing. Those were very powerful H. Con. Res. 95 of the 109th Congress, in order to either amendment prior to words, but they require powerful ac- the fiscal year 2006 concurrent resolu- the votes. I further ask consent that if tions. We have not seen, in this re- tion on the budget, I make a point of either amendment does not have 60 spect, those actions. order against the emergency designa- votes in the affirmative, that amend- We have to do other things to get our tion contained in this amendment. ment then be automatically withdrawn energy house in order. In fact, this is Mr. REED. Madam President, I move or fall to the point of order, if applica- not just an issue of domestic politics. to waive the applicable sections of the ble. I further ask consent that there be It is probably the single most impor- act referenced by the Senator and at 2 minutes equally divided prior to each tant thing we can do over the next sev- the appropriate time would ask for the vote. eral years to improve our strategic po- yeas and nays. sition in the world vis-a-vis those who The PRESIDING OFFICER. Is there Mr. BOND. Madam President, I ask objection? would be our adversaries or those who unanimous consent that this measure The Senator from North Dakota. compete with us. From a national secu- be set aside to be set for a vote at a rity standpoint, we have to take steps time determined by the leaders on both Mr. DORGAN. Madam President, re- to make our energy future more inde- sides. serving the right to object—I do not pendent, more sensible. But we have to The PRESIDING OFFICER. Is there think I will object—but in order to ex- do things today that will help Ameri- objection? pedite consideration of amendments on cans. Ms. CANTWELL. I object. the floor, I was wanting to offer the re- I am very proud Senator CANTWELL is The PRESIDING OFFICER. The ob- maining amendment I have, with very a cosponsor of this particular amend- jection is heard. brief comments, so that at least I have ment. She is also the sponsor of the Ms. CANTWELL. Reserving the right offered the amendment on behalf of Energy Emergency Consumer Protec- to object, Madam President, I would myself and Senator CRAIG. I was hoping

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The Senator from North Da- and ranking member, following the re- pacts to our economy and leave those kota. marks of the Senator from Wash- most vulnerable out in the cold. AMENDMENT NO. 2133 ington, if I would be recognized simply The LIHEAP Program serves a very Mr. DORGAN. Mr. President, I send to lay the amendment down. I ask small percentage of the people who ac- an amendment to the desk on behalf of unanimous consent to do that. tually qualify. Last year, 72,000 Wash- myself, Senator CRAIG from Idaho, Sen- Mr. BOND. No objection. ington State residents received assist- ator ENZI from Wyoming, and Senator The PRESIDING OFFICER. Without ance from the LIHEAP Program, but BAUCUS from Montana, and I ask for its objection, it is so ordered. many more could actually qualify. immediate consideration. Is there objection to the initial re- That is, there are many more who are The PRESIDING OFFICER. The quest? living on the margins who need that clerk will report. Without objection, it is so ordered. kind of help and assistance to stay in The bill clerk read as follows: The Senator from Washington. their home. The Senator from North Dakota [Mr. DOR- Ms. CANTWELL. Thank you. Last week, I met with a woman who GAN], for himself, Mr. CRAIG, Mr. ENZI, and Mr. BAUCUS, proposes an amendment num- AMENDMENT NO. 2077 has lung cancer, the mother of five, bered 2133. Madam President, I do rise to sup- who is disabled, who needs the LIHEAP Mr. DORGAN. Mr. President, I ask port the Reed-Collins amendment to Program to continue to remain in her unanimous consent that reading of the further make a down payment on the home. Yet 76 percent of those who qualify who will not get aid. This piece amendment be dispensed with. low-income energy assistance program The PRESIDING OFFICER. Without known as LIHEAP. of legislation will not help all of them, but it will help a small percent. It will objection, it is so ordered. This is a program the State of Wash- The amendment is as follows: ington knows all too well. I say that help a small percent of Northwest residents who will be battling the high (Purpose: To restrict enforcement of the because our State was hard hit by an Cuban Assets Control Regulations with re- energy crisis in the last several years cost of energy again for another year in a row, to get some assistance from spect to travel to Cuba) that left many low-income people suf- At the appropriate place in the bill, insert fering the consequences of high energy the low-energy income program. This amendment should be a top pri- the following: costs. If anything, the Northwest is a SEC. ll. (a) None of the funds made avail- ority for the Members of this body. I poster child for what is about to hap- able in this Act may be used to administer or say that because, having fought to get pen to the rest of the country. Those enforce part 515 of title 31, Code of Federal these LIHEAP Programs from the con- Regulations (the Cuban Assets Control Regu- results were devastating. In one county tingency fund in the past when my lations) with respect to any travel or travel- alone, Snohomish County, where I live, State was greatly impacted, I know related transaction. we had a 44-percent increase in dis- how important it was to the residents (b) The limitation established in sub- connect rates in 1 year. That meant section (a) shall not apply to— who actually received them. Now the (1) the administration of general or spe- 14,000 people lost power to their homes rest of the country is going to be im- because of high energy costs. cific licenses for travel or travel-related pacted by those same dynamics of very transactions; Those high energy costs were also high energy costs. The question is passed on to school districts, which had (2) section 515.204, 515.206, 515.332, 515.536, whether we will, as a body, approve the 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or to choose between hiring teachers and Reed-Collins amendment to actually 515.803 of such part 515; or getting books and paying the high cost take the appropriations level up to the (3) transactions in relation to any business of energy. It also had an impact on eco- level that has been in the authorizing travel covered by section 515.560(g) of such nomic development. Businesses decided bill. I think it is the prudent thing to part 515. that perhaps they did not want to move do. I think it is the wise thing to do to Mr. DORGAN. Mr. President, I offer to that county if they were energy-in- help the residents of this country, who this bipartisan amendment on behalf of tensive users and businesses on low are going to suffer from a very tough myself, Senator CRAIG, Senator ENZI, margins until the energy rates come winter and high energy costs. and Senator BAUCUS. It is an amend- down again. We saw people who actu- I, like my colleague Senator REED, ment that has been considered pre- ally lost their jobs and lost their pen- want to fight for other legislation that viously, and considered successfully by sions because of those high energy will help us reduce the high cost of en- the Senate, but it has not made it into costs. ergy and certainly look at the prac- law because of problems in conference What this amendment does, added to tices of predatory pricing. We need to committees. It deals with the issue of this bill, is to give the consumers in give consumers the confidence that restricting the rights of the American America who are the most hard hit by there is competition in the market- people to travel to Cuba. energy costs some relief. If you think place, that there are Federal agencies As you know, we now have a situa- about it, we are talking about the el- that will protect consumers from price tion where the American people are not derly, the disabled, those who are on gouging, and that those who partici- free to travel to Cuba. We are free to low incomes. We are talking about an pate in price-gouging activities will travel to China, a Communist country. individual who may make less than spend time in jail. But in the mean- We are free to travel to Vietnam, a $12,000 a year or a couple who may time, as we are continuing to push and Communist country. We are free to make less than $16,000 a year. Now they fight for that legislation, we need to travel to North Korea, a Communist are faced with anywhere from a 30- to make sure those who are most vulner- country. We are not free to travel to 50-percent increase in energy costs. It able in our society get the help and Cuba, however. The reason for that is is a question as to whether they are support they deserve. So I hope my col- Fidel Castro has been sticking his fin- going to be able to keep the lights on leagues will take the Reed-Collins ger in America’s eye for a long while. and the heat in the home or whether amendment this afternoon and realize It is a Communist country, a govern- they are going to be left out in the cold we cannot give tax breaks to others ment that causes a lot of problems for by this administration and by this Con- and leave those most vulnerable in our our country, and the decision was made gress. society without the hope of a warm, se- some long while ago that we are going I hope my colleagues will do the cure winter. to somehow punish Fidel Castro by re- right thing in adopting the Reed-Col- America can do better. We can take stricting the American people’s right lins amendment and being serious care of the elderly, the disabled, and to travel to Cuba.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23170 CONGRESSIONAL RECORD—SENATE October 19, 2005 We also, for 40-some years now, have free Bibles on the streets of Cuban cit- Cuba. Joan was 75 years old. She was a had an embargo with respect to the ies. Joni Scott went to distribute free cyclist and she wanted to go on a bicy- country of Cuba. For most of that Bibles in Cuba. Why? She is a person of cling tour with a Canadian bicycling time, we also prevented American great faith, with a missionary spirit, group. She did. She came back and farmers from selling food to the coun- and she wanted to take that faith and found out her son had brain cancer. try of Cuba. I have always felt it is ba- talk about that faith with the people of She didn’t get her mail on time and sically immoral to use food as a weap- Cuba. didn’t see that the Federal Government on and to prevent the selling of food to Well, guess what happened to Joni was trying to fine her $10,000 for having the Cubans. Canadians sell food to the Scott. The U.S. government says you traveled to Cuba to ride a bike. Be- Cubans. European farmers sell food to can’t distribute free Bibles to the peo- cause she was attending to her son, she the Cubans. But we could not; that is, ple of Cuba. You have to get a license didn’t get the letter from the Treasury until then-Senator Ashcroft from Mis- from the State Department to go to Department, so they decided they were souri and I offered an amendment on Cuba, and they are not going to give going to try to slap an attachment on the floor of the Senate that opened, you a license. She did not know that, her Social Security check. just a crack, that embargo so that we of course. She simply went to Cuba to This is America? I don’t think so. We are now able to sell some food into the distribute free Bibles. The U.S. govern- should restrict the freedom of the country of Cuba. ment slapped her with a big fine. Do American people because we want to We have sold about $1 billion worth you know who did that? The folks who slap around Fidel Castro? How about of food since that amendment of ours are being funded in the bill, OFAC, the deciding we are not going to restrict became law. Even now, the administra- Office of Foreign Assets Control, deep the freedom of the American people. If tion is trying to shut down that ability in the bowels of the Treasury Depart- you want to bring a different kind of of farmers to sell food into Cuba, by ment. government to Cuba, you do it through dramatically changing the legal defini- The people in OFAC are supposed to trade and travel. That is what we argue tion of the term ‘‘payment of cash in be tracking the financing of terrorism. in regard to other countries. This ad- advance’’ that is in the law, something They are the folks who ought to be ministration and past administrations the Congressional Research Service be- looking at the arteries that control the have said that the way to advance the lieves is inappropriate for the adminis- money that finances Osama bin Laden, interests toward democracy and great- tration to do. With this change of defi- for example, and other terrorist organi- er human rights in Communist China is nition they are actually requiring the zations. But guess what. Those folks through trade and travel. The way to payment for the food products our down in OFAC, the Office of Foreign advance the interests toward greater farmers would sell into Cuba to be Assets Control, have been spending human rights and democracy in Com- made before the food is even shipped. their time tracking down American munist Vietnam is through trade and That is not the way commerce works, citizens who are suspected of taking travel. Cuba? No, we have to restrict and yet they are doing that to try to vacations in Cuba—American citizens the right of the American people to shut down the ability of American under suspicion of taking vacations in travel to Cuba. And if they do, track farmers to sell food into Cuba. Cuba. them down. There is a little agency, Nonetheless, we have sold $1 billion Well, they tracked Joni Scott down this arthritic agency in the Depart- worth of food to the Cubans. It is the and slapped a big fine on Joni Scott, an ment of Treasury, called OFAC. They right thing to do. Withholding food and American citizen, for trying to dis- have more people in that agency track- medicine as a part of any embargo is tribute free Bibles in Cuba. Apparently, ing American citizens who are sus- the wrong thing to do. Fidel Castro has they are not even embarrassed about pected of going to Cuba than they have never missed breakfast, lunch, or din- it. searching for the financial links that ner because of our embargo. He has This is a picture of Sergeant Lazo, are supporting Osama bin Laden’s ter- eaten just fine, thank you. It is poor, U.S. Army National Guard. He won the rorism. Isn’t that unbelievable? I have sick, and hungry people who get hurt Bronze Star for bravery in the country half a notion to offer an amendment to with these kinds of public policies. of Iraq, fighting for this country. His get rid of OFAC. We have all these I put in this appropriations bill at children are in Cuba. One of his kids acronyms around here. All I know is, the subcommittee level a provision was very ill. After he finished his tour these are people sitting someplace in that trips the administration’s attempt of duty in Iraq and was back in this the basement of the Treasury Depart- to inhibit farmers from selling into country, he wanted to go visit his sick ment trying to figure out, through lists Cuba. So I fixed that problem. That is son. This United States soldier, a hero, of names, whether somebody might in the bill as it comes to the floor. We having fought and won a Bronze Star in have gone to Cuba. And God forbid had kind of a contentious discussion Iraq for his country, was told by his they brought a cigar back. Let’s double about that in the subcommittee, but I country: You might have been fighting the fine. won. And again, on a bipartisan basis, for freedom in Iraq, but you don’t have In fact, even more Byzantine, last we stuck that in the bill. It says to this the freedom as an American soldier— year OFAC sent people to airports administration: You cannot be doing you don’t have the freedom as an around the country to train Border Pa- these things that we believe are not American citizen—to go visit your sick trol and Homeland Security agents on legal to impede the ability of American child in Cuba. Unbelievable. how to intercept Americans who were farmers to sell food into the Cuban We voted on that here on the floor of suspected of visiting Cuba. I looked marketplace. the Senate. The only way I could get through the list of what they recov- We have not, however, dealt with the that up for a vote was to require sus- ered. The most ominous thing they re- issue of restricting the American peo- pension of the rules, which takes 66 covered was carbon dioxide used to ple’s right to travel to Cuba. Are we votes. I got 60 votes. It fell short. So make seltzer water. They did pick up a hurting Fidel Castro by prohibiting this man has never been allowed to go couple cigars and some ordinary cold Americans from traveling to Cuba? I do to Cuba to visit his child. medicine. But they certainly took not think so. All that does is slap the There is an epilog to this. His chil- some resources away from Homeland American people around by restricting dren are going to come here for a brief Security that probably ought to have their right to travel. visit. The Cuban Government has ap- been looking at terrorist threats so Let me show you a couple of exam- proved that. But the U.S. Government they could track down Joni Scott who ples, if I might. This young woman in won’t give him the freedom to travel to wants to deliver Bibles on the streets this picture was in my office. This Cuba to visit his children. of a city in Cuba. young woman’s name is Joni Scott, a I could talk about Joan Slote. Joan There was also the disabled sports wonderful young woman. She went to Slote answered an ad in a bicycling team that participates in marathons Cuba. She went to Cuba to distribute magazine to take a cycling trip to using artificial legs and in wheelchairs.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23171 They planned to participate in the Ha- is this amendment will see a successful racy. These young people showed to all vana Marathon and then distribute rac- vote. I understand there will be some of us exactly what we want happening ing wheelchairs and handcycles to sumo wrestling between now and when in Cuba, that we can sit down, a group Cuba’s disabled athletes. Except OFAC we get a vote, because no one ever of 12-year-old boys, and learn how to said that our team couldn’t go. These wants to have a vote on this. There get along and to be able to promote disabled Americans were told, no, you will be all kinds of contortions going some real important values. can’t go. That is unbelievable. on to find a way to avoid having a vote Mr. DORGAN. Will the Senator yield We will have a vote on this. The on this. But it is perfectly germane and for a question? President will threaten a veto of the relevant. It is a restriction on funding. Mrs. MURRAY. I am happy to yield. bill if it is in the bill, and we will have My expectation would be before the bill Mr. DORGAN. I am wondering if that people around here scratching their gets off the floor, we would have a vote wasn’t under the old rules. The new heads and thumbing their suspenders on this. I hope a sufficient number of rules have been tightened up dramati- and saying: How should I vote on this? colleagues on both sides of the aisle cally by administration edict. Under How about a simple vote that rep- will decide to vote for it and we can get the new rules, teams such as that in resents a little bit of common sense, this done finally. most cases would not be able to visit just a smidgeon. Go to any cafe´ in I yield the floor. Cuba. America, have a cup of coffee and ask The PRESIDING OFFICER. The Sen- Mrs. MURRAY. The Senator is abso- somebody, do you think it is a good ator from Washington. lutely correct. This was about 10 years idea that we ought to slap around the Mrs. MURRAY. Mr. President, I sup- ago. Since that time, if these young American people and go investigate port the amendment offered by my kids were to come today to my office them and chase them down and slap friend from North Dakota. He has made to ask for help, they would not be able them with a $10,000 fine because they an excellent case for this amendment. I to go and do it. What a way to dampen joined a Canadian bicycle tour of Cuba? want to note that I am a cosponsor of the enthusiasm of young boys in our Or do you think we ought to say to a bipartisan legislation introduced ear- country. It is telling them that democ- veteran who earned the Bronze Star for lier this year that would allow this racy is not about conversations and heroism in Iraq that when you come travel between the United States and learning and education and participa- back to this country, you have all the Cuba. tion. I think that is a negative mes- freedoms of an American except you Current policy with regard to Cuba, sage. I appreciate the Senator’s offer- don’t have the freedom to travel to as enforced by the Treasury Depart- ing the amendment. I know the admin- Cuba to see your sick son? We know ment’s Office of Foreign Assets Con- istration has issued a veto threat on what the answer is. If we have enough trol, permits travel to Cuba today only this bill if this provision is allowed to people around here with the courage to with permission in the form of a li- be included. I say that veto threats vote the right way, to use a smidgeon cense from the Treasury office for cer- have been made on other provisions in of common sense—I am not asking ev- tain reasons such as visits to relatives this bill. I don’t see any reason why the erybody to use all the common sense, or journalism or religious or humani- Senate should not go on record and just a smidgeon, this just requires a tarian purposes. According to Treasury state its view. It is time to lift the blink—to vote the right way, maybe we documents, between 1996 and 2003, travel restrictions on Cuba for all the will get something done. about a third of Cuba travel cases reasons the Senator from North Da- This isn’t about Democrats or Repub- opened for investigation were referred kota has outlined today. I hope we will licans. It is about public policy that for civil penalty enforcement action. get to a vote and be able to move for- makes sense for this country. If some- As the Senator from North Dakota ward on this legislation. thing is happening that is basically said, these typical penalty assessments I yield the floor. ‘‘dumb,’’ we ought to fix it. This makes for unauthorized travel range from The PRESIDING OFFICER. The Sen- no sense. This policy is at odds with $3,000 to $7,500. That is preposterous. ator from North Dakota. our entire foreign policy with respect For the last 40 years, the United States Mr. DORGAN. Mr. President, let me to other Communist countries. Can you has maintained this isolationist posi- finally show the chart I mentioned. I imagine today if I proposed having the tion toward Cuba, and the current re- have many others. OFAC, Office of For- Cuba policy with respect to China and gime has been there the entire time. I eign Assets Control, down in the bow- Vietnam? We would say to those Amer- believe, as the Senator from North Da- els of the Treasury Department, is sup- icans, you can’t travel to China. Why? kota so eloquently stated, that permit- posed to be tracking terrorists. Here is Because we don’t like the Chinese Gov- ting travel to Cuba will help dem- what OFAC did. These are disabled ernment, so you can’t go there. Does onstrate to Cuba’s citizens what a de- marathoners. They trained and that make any sense? Do you think mocracy is all about. trained. In fact, as I understand it, that would be in our best interest? I tell my colleague that I had a these folks even had airline tickets, Would that represent good foreign pol- young group of baseball players who and they had everything all set. But icy? The answer is no. went through the entire rigmarole as a were they allowed to go to the inter- We have advocated that the best way young team to go to Cuba a number of national meet in Havana? No. No, they to move these countries toward greater years back. They had to go through an were turned down by our country be- human rights and greater democracy is entire process. It was amazing what cause you don’t have the freedom to do through trade and travel. It would be they had to go through to go down and that. To say that these folks were dis- nice if the only voice Cubans are hear- participate in a Little League team appointed is an understatement. They ing would not be Fidel Castro but, in playoff with a number of players from might wonder about whether we have fact, Joni Scott or Joan Slote or a cou- Cuba. I had them come back and visit freedom in this country, when we don’t ple from Dubuque who might be vaca- with me when they returned. They have the freedom to travel to this tioning in Havana. It would be nice if wanted to thank me for helping them Cuba. Why? Because we don’t like its the Cuban people would hear those get through this process. I sat there leaders. voices as well. They do not now be- and listened to them as they told me Look, there are many countries that cause they are prohibited as a result of that they actually lost every single have leaders I am not particularly fond American law. It is a law I aim to game. Finally, it was so lopsided that of. I don’t want to restrict the right of change. the Cuban young boys and they got to- the American people to travel there. In I offer this amendment with my col- gether and decided, this is ridiculous. addition to Joni Scott and disabled leagues, Senators CRAIG, ENZI, and We are just losing. So they intermixed athletes and so many others, the sto- BAUCUS—two Republicans, two Demo- their teams, half Cuban and half Amer- ries now are unbelievable. In the last 3 crats. This is not about partisanship. It ican, and finished the playoffs that years, this has been laced up tight, is about doing the right thing. My hope way. What a great thing for democ- even for folks with close relatives. I

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23172 CONGRESSIONAL RECORD—SENATE October 19, 2005 can tell you of people whose parents long, which will change the whole con- women of dignity. They are hard work- were dying, on their deathbed, 3 days cept of the minimum wage and effec- ers. They are the men and women who away from dying, and their children in tively eliminate coverage of the min- clean out the buildings for American this country were not allowed to go see imum wage for up to 10 million Ameri- commerce. They help and assist our their mother or father in Cuba. cans. schoolteachers in schools all over this I won’t put up the picture of the guy The increase in the minimum wage is country. They work in our nursing from the State of Washington whose fa- not complicated. We increase it $1.10. homes to provide help and assistance ther died, and his last wishes were that We do it over a 2-year period. It is all for the frail elderly, the elderly who his ashes be dispersed on the grounds of in the 2-page amendment I have of- have sacrificed so much for their own the church he served as a pastor in fered. children and have done so much to Cuba. So a compliant son, after the There is an alternative, which is the make this a great nation. Many of death of his father, said: I want to do Republican alternative, which basi- them are served by the minimum wage. that. It was his last wish. He took his cally undermines, in a very significant First, these are men and women of dad’s ashes and went to Cuba and went and important way, the coverage for dignity, working hard, more often than to the church and distributed his fa- minimum wage workers and effectively not having two or even three jobs, try- ther’s ashes on the grounds of the eliminates coverage and protection, ing to provide for their families and church his father had ministered at for even for minimum wage workers. having an increasingly difficult time to many years. Then this country’s Gov- We will have a chance for this body make any ends meet, and we will get to ernment tracked him down and tried to to make a decision as to whether they that. slap a big fine on him for doing it. Un- want to see those workers in this coun- This issue primarily affects women believable. We can do better than that. try, who have been left out and left be- because about 65 percent of all min- Our country doesn’t deserve this sort hind, get a modest bump in their in- imum wage workers are women. The of nonsense. come. majority of the women who earn the I appreciate the support of the Sen- I offered this measure on this legisla- minimum wage have children. So it is ator from Washington. As I indicated, tion because this is the vehicle which a women’s issue, it is a children’s issue, this is bipartisan. It is not about Re- carried the increase in the cost of liv- and it is a family issue because we have publicans or Democrats. It is about ing for Members of the Congress and families, heads of household in many what is thoughtful and what is Senate. It seems to me, if we were instances, single moms or single dads, thoughtless. Let’s choose the thought- going to vote on that, we ought to vote trying to provide for their children, ful approach for a change. on an increase in the minimum wage. working one or two or even three jobs, Mrs. MURRAY. I suggest the absence It is the judgment—and one I support— trying to make ends meet. So it is a of a quorum. that Members of Congress will not take women’s issue because so many of the The PRESIDING OFFICER. The a cost-of-living increase in their pay minimum wage workers are women and clerk will call the roll. this year. We defer that increase. a children’s issue because those chil- The bill clerk proceeded to call the The fact remains that over the last 9 dren’s lives are affected by obviously roll. years, the Congress has increased its the circumstance of the one who is pro- Mr. KENNEDY. Mr. President, I ask pay by $28,000 on seven different occa- viding for them. It is a civil rights unanimous consent that the order for sions. On seven different occasions, it issue because so many of these jobs are the quorum call be rescinded. has raised its salary, but we have not open to men and women of color. So it The PRESIDING OFFICER. Without increased the pay for those who are at is a civil rights issue, a family issue, a objection, it is so ordered. the lower end of the economic ladder women’s issue, a children’s issue, but AMENDMENT NO. 2063, AS MODIFIED who are making minimum wage. I most of all it is a fairness issue. Mr. KENNEDY. Mr. President, as I think that is absolutely unconscion- The American people understand understand it, there is a general agree- able. We will have an opportunity this fairness. They understand if someone is ment among the leadership that the afternoon to find out whether we are going to work 40 hours a week, 52 time between 1:30 p.m. and 4:30 p.m. be going to do that. In the institution weeks of the year, they should not equally divided between myself, who that has raised its salary $28,000 over have to live in poverty. Republicans offered an increase in the minimum the last 9 years, we will have an oppor- have understood that, Democratic wage, and the Senator from Wyoming, tunity to see whether we are going to Presidents have understood it, and I Mr. ENZI, who has offered a different increase annual income by $2,300. cannot for the life of me understand approach. We will have an opportunity This chart is an indication of the tra- why our Republican friends on the to control the time in that way. dition of the Senate since the increase other side of the aisle, when we have Mr. President, I yield myself what in the minimum wage. changed our increase in the minimum time I might use. This demonstrates very clearly the wage from $2.10 down to $1.10 over the At 4:30 p.m., we will have an oppor- increase in the minimum wage. The next 2 years, refuse to be willing to ac- tunity to vote in this body on whether initiation was by President Roosevelt cept it. there ought to be an increase in the back in the 1930s and then Harry Tru- What is it that they have against minimum wage, a minimum wage that man increased it and then Dwight Ei- working poor people, men and women has not been increased over the last 9 senhower, a Republican, increased it. who are trying to get the first rung on years. I am very hopeful that we will The history of the increase in the min- the economic ladder? What is it about vote in this body in support of the pro- imum wage has been bipartisan. it that is so offensive to this body that posal I have before the Senate which Dwight Eisenhower increased it. Presi- we do not give them an increase in the will increase the minimum wage by dent Kennedy increased it; President minimum wage and we give ourselves $1.10. This is the figure that was in- Johnson; President Ford, a Republican, repeated increases? That is the issue. cluded in the Republican alternative of increased it; President Carter increased And at 4:30 this afternoon, this institu- over a year ago. The Republican alter- it; President Bush 1 increased it and tion will have a chance to express native had additional provisions, and President Clinton. So this has been bi- itself. we will have an opportunity to talk partisan. The American people understand about those proposals. It is difficult for me to understand this. The American people understand For the information of those people how the increase in the minimum wage the minimum wage. There are a lot of who might be listening to the debate, has ended up as a partisan issue. It has complex issues, and men and women here is our amendment. It is 2 pages been bipartisan. The reason it has been across this country are working hard long, and it provides an increase in the bipartisan is because of whom the min- every single day. They have little time minimum wage of $1.10. This is the Re- imum wage affects. The fact is min- to spend trying to figure out a lot of publican proposal, which is 87 pages imum wage workers are men and different kinds of challenges, but they

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23173 understand an increase in the min- hours have increased more than any weeks ago or so and to meet a number imum wage. They understand what dif- other industrial country in the world. of the individuals, not the particular ference this makes. They will have an Look at this chart. This is an indica- persons who are outlined in this article opportunity to hear about it because tion of the changes in hours worked per but individuals whose lives were abso- this issue is not going away. No matter person over the period of 1970 to the lutely the same. We find so many of how this turns out this afternoon, the year 2002. Actually, in a number of the our fellow Americans who are living in Senate, and most importantly the countries in Western Europe, the per- poverty. We find increasing numbers of workers at the minimum wage, can be cent has gone down, but we have seen Americans living in poverty. There are confident that I am going to continue in Australia, Canada, and most of all in 5 million more people living in poverty. to raise this as long as I am in the Sen- the United States, it has gone up. I have a chart that shows it, but it cer- ate. We will have an opportunity to Americans are working longer, they tainly does not tell the story that one vote on this repeatedly. are working harder, they are producing sees when they visit the gulf area and So we can find those of our col- more, and one would think that their visit New Orleans and meet some of leagues who want to try and confuse paychecks would reflect it, at least at these families or even visit with them. the issue all they want with 87 pages, the lower economic end, or in all areas In my own State of Massachusetts at but this is an increase in the minimum it ought to reflect it, but, no, it does the Otis Base, where we had several wage which consists of 2 pages. That is not work that way. We refuse to give hundred of the evacuees who came what the vote is for this afternoon. that kind of a recognition. there, many of them rescued very late Some of my colleagues want to rewrite Unfortunately, when the President in the whole process because they had the labor laws on this. Fine, let us get was asked about the challenges that remained in their homes, some of them to it. But why are we doing that on people working for the minimum wage trying to help elderly and disabled peo- this particular bill? Increase in the face, the individual conversation be- ple, and more than half of whom had minimum wage, one can ask, why on tween the President and Ms. Mornin, arrived at Otis still in their damp and this bill? Very simply, it was a good who is a single mother of three, one of wet clothes, and they received an enor- enough vehicle to increase the salary whom is disabled, Ms. Mornin said this mously generous and warm welcome, of the Members of Congress until yes- was on February 4, 2005, in the Omaha which they have expressed to our fel- terday when we neutralized it and it Arena in Omaha, NE—I work three jobs low citizens in Massachusetts. ought to be a good enough vehicle to and I feel like I contribute. Their stories and their lives are sto- provide some assistance to those on the President Bush: You work three jobs? ries of lost hope, lost homes, lost jobs, first rung of the economic ladder. That Ms. Mornin: Three jobs. lost health insurance, lost every as- certainly makes sense to me. That is President Bush: Uniquely American, pect, tangible aspects of their lives, not what the Republican alternative is isn’t it? I mean, that is fantastic that separated families, and lost everything but their faith and a sense of hope, a about. you’re doing that. Get any sleep? So we have seen that this has been (Laughter.) desire to try and get back on their feet. historically something Republicans That is an indication that there are I ask, How in the world is someone and Democrats, when they are at their people in this city who just do not un- going to get back on their feet when best, have supported. Over a period of derstand what is happening to people they are getting paid $5.15 an hour? years, we have seen what has happened who are earning the minimum wage How are they going to get back on their feet? on the issues of productivity. We hear level. They are not getting any kind of All they have to do is read through frequently that we cannot afford an in- recognition. People do not understand this magazine and read the life stories what their particular challenge is, but crease in the minimum wage unless we of these individuals who work and they ought to. I think more Americans are going to have an increase of pro- struggle in two and three different do today than they did several months ductivity. It is an old economic argu- jobs. There is the case of Delores Ellis: ago. ment we do not want to add to infla- Before Katrina turned her world upside One of the most moving covers of any tion, but if we have an increase in pro- down, this 51-year-old resident of New magazine was this September 19 cover ductivity, of course, then we can con- Orleans’ Ninth Ward was earning the of Newsweek. It shows a child with sider an increase in the minimum wage highest salary of her life as a school tears on her face: Poverty, race, because it will not have an inflationary janitor, $6.50 an hour, no health insur- Katrina, lessons of a national shame. impact in terms of the economy. ance, no pension, and then she bounced In this rather extensive article about All right. Let us take that argument around minimum wage jobs. and see what has happened in terms of the enormous tragedy that took place Ellis said: I worked hard all my life. productivity over the period of recent in the gulf and in New Orleans, it talks I cannot afford nothing. I am not say- years. We have seen now, over the pe- about the other America: An enduring ing that I want to keep up with the riod of the last 40 years, productivity shame Katrina reminded us, but the Joneses, but I just want to live better. has gone up 115 percent. Notice that problem is not new. Why a rising tide Well, one of the ways that she can going back into the 1950s, the 1960s, the of people live in poverty, who they are, live better is an increase in the min- 1970s, the minimum wage and produc- and what we can do about it. imum wage. We cannot solve all of her tivity lines were always intersecting There are the striking photos of peo- problems, but we sure can provide some because we kept the increase in the ple who were left out and left behind. assistance by increasing her minimum minimum wage and productivity to- The whole article is about hard-work- wage. It is as simple as that. gether. That was an argument that was ing individuals in that region of the Americans can understand that. made. There is plausibility to it. country down in Mississippi, Alabama, ‘‘What can we do?’’ they say. Well, If that argument was good enough for and Louisiana. Suddenly, the Nation there are a lot of things that have to be the 30 or 40 years that we first had the was focused on their particular plight done. We cannot solve all of the prob- minimum wage, look what has hap- because when the floods came to New lems, but we have to start someplace, pened in recent times. Workers have Orleans, we saw the tragic cir- and we are starting with an increase in increased their productivity 115 per- cumstances that they were subject to, the minimum wage. cent, but the minimum wage has de- the lack of preparation, the lack of or- Here are the figures: 5.4 million more clined some 31 percent. So one cannot ganization, and the lack of outreach to Americans in poverty over the period say we cannot increase the minimum them for so many days. These people of the last 4 years. This is a fierce in- wage because we have not had an in- are still struggling. Along the gulf dictment, and we are going to see these crease in productivity. So this is cer- coast, many of those communities were figures have even expanded as a result tainly one of the factors. absolutely obliterated. of the terrible effects from Katrina. This chart is enormously interesting I had the opportunity, with several of This is what has happened. As we because it shows that Americans’ work my colleagues, to visit those areas 3 look over history, we see at other

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23174 CONGRESSIONAL RECORD—SENATE October 19, 2005 times and other Congresses, when Con- housing and rental gone up through the who are covered with the minimum gresses were controlled by Republicans roof, and college tuition—it has gone wage. That is where we are going to and Democrats—look here, from 1960 up 35 percent, effectively eliminating start, so they are not even going to get all the way through 1980, we have the those possibilities to so many. the $5.15 an hour. And we are going to minimum wage effectively at the pov- Now over this coming winter here, we make many people work overtime and erty level. This is in constant dollars. have now at the end of October a not get overtime pay. Oh, yes, we will This was over a period of some 30 chance to raise the minimum wage do that. years, Republicans and Democrats $1.10, the figure the Republicans had You know what else, I say to Senator alike. We say if you work hard, want to suggested last year. Here we have what HARKIN. There are provisions in here work and work hard, you are not going is going to happen in our region of the that say if you are an employer and to have to live in poverty here in the country. In the colder region—not only you effectively violate what they call a United States. the Northeast but in many of the cold- paper report in here, you will get a Look what has happened in recent er regions—we are going to see a 50- nonmonetary fine. You will get no years. Here were the last two increases percent increase in the cost of natural monetary fine, even though that might we had in the minimum wage and here gas for heating, we are going to get be an oil spill, that may be contami- is the collapse again of the minimum about a 27 to 30-percent increase in the nated food. Why are we pulling that wage in terms of its purchasing power. cost of home heating oil, and about an here in the Senate this afternoon? What did our brothers and sisters in increase of 5 to 7 percent in the cost of What is it about it that we suddenly the Congress, what did Republicans and electricity. Our part of the country know so much about that particular Democrats know then, over a 30- or 40- uses 40 percent natural gas, 40 percent issue here on this particular legisla- year period, that we do not understand heating oil, and this is the rest. We see tion? now? What is it, so that we are so un- what is happening in the home heating If you are going to be against $1.10, willing to see a bump, a small bump of oil. be against $1.10. But they have all of an increase in the minimum wage? Now we can say at least Congress is the other shenanigans in that legisla- Oh, no, we have an 85-page alter- going to help some of these families be- tion that are going to provide addi- native, they will call it. This is an al- cause they are going to recognize the tional short shrift for the neediest peo- ternative filled with what we call poi- explosion of these costs of heating and ple. son pills, filled with taking people out keeping warm in these homes. In many I will be glad to yield some time to of coverage, filled with new changes in instances it is as important as their my friend and colleague from Iowa. overtime legislation to limit people prescription drugs and the food they The PRESIDING OFFICER (Mr. from receiving any overtime. eat. They are going to have to make SUNUNU). The Senator from Iowa is rec- We know the importance of overtime some hard choices. This is the reality. ognized. to workers. Many of them use that We are saying at least give them $1.10. Mr. HARKIN. Mr. President, I thank overtime pay they receive to put away You are going to find out if any of the the ranking member for his leadership to educate a child. Here we have an at- minimum wage workers, maybe work- on this issue and so many issues that tempt to undermine overtime for working a couple of jobs and maybe with a affect working families in America. ers. home up in New England—their heat- Senator KENNEDY has been trying for An argument is sometimes made that ing bills are going to go up $600 or $800 years to get some measure of justice we cannot afford a minimum wage be- or $900 over the course of the winter. for the working poor in this country, cause it will be an inflator in terms of What is Congress doing? Basically it trying to get the minimum wage our overall economy. Our economy is authorized the $5 billion to try to help raised. Senator KENNEDY has been out somewhat uncertain at the present provide some relief. We hear the expla- here each of the last 7 or 8 years trying time, and therefore we cannot afford to nation for the increase in these costs is to get this done. Every year the other have an increase in the minimum wage because of what has happened to refin- side turns him back. But this year we because it will have an adverse impact eries in the gulf. That is an act of God. cannot turn him back. We have to in terms of our economy. We couldn’t control it. So those refin- adopt this increase, this modest in- This is an interesting chart: Increas- eries are down. Now we find out that crease in the minimum wage. ing the minimum wage to $6.25 is vital the gas and heating oil have gone up We debated this amendment by Sen- to workers but a drop in the bucket of and it is going to be particularly harm- ator KENNEDY last March on the bank- the national payroll. All Americans ful to needy people, to poor people, to ruptcy bill, to raise the minimum combined earn $5.7 trillion a year. A people earning the minimum wage. wage. It failed on a largely party-line minimum wage increase to $6.25 would Are we giving them any help and as- vote 46 to 49. be less than one-tenth of 1 percent of sistance? The answer is no to that. We We are back at it again. You would the national payroll; one-tenth of 1 are not seeing any increase in the think after what we saw with Hurri- percent. home heating oil program, the LIHEAP cane Katrina, where the mask was You say this is an inflator; if we in- Program. We are not seeing any in- ripped off of George Bush’s America, an crease this to $6.25, this is going to add crease in that. America where the poor are out of to the problems of inflation we are fac- They are getting the short shrift sight and out of mind, you would think ing. Here it is, it is less than one-tenth every single way: No help and assist- that Katrina brought home to us that of 1 percent. ance in facing a cold winter, no help they are very much present all over Look at what these working people and assistance we can provide by ap- this country. By the poor, we don’t are faced with. There is an increase in proving a $1.10 increase. mean those who are just not working, cost of gas of 74 percent. You ask so I see my friend from Iowa here on the who are loafing or sloughing off; these many of those people down in New Or- floor. I want to point out to him, as are people who work. They go to work leans why they were left trapped in someone who has been such a strong every day. They work hard. They try to New Orleans, and so many will tell you supporter on these issues, here is a raise their families. Yet, our minimum they were trapped because they two-page increase for the minimum wage law says they are only worth $5.15 couldn’t afford a car or they couldn’t wage in $1.10. Here is the Republican an hour, the same wage it was over 8 afford the gasoline to get out, and alternative, 85 pages. It rewrites the years ago. We have not raised it in 8 therefore they were trapped. A number whole of labor laws, 85 pages. If you are years. of them lost their lives. Others lost ev- going to be against it, why don’t you Thirteen percent of our people are erything, because we have seen the in- just be courageous enough to say no? living in poverty. I say to my friend crease in the cost of gasoline, 74 per- No, no, they want to say: Oh, no, we from Massachusetts, there is always cent; health insurance is out of sight have a real alternative in here. We are this talk about all the people who got for any of these families, up 59 percent; going to exclude a number of people off of welfare in the last decade. They

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23175 may have gotten off of welfare but they He went on to say: talking about what he got: an employ- didn’t get out of poverty. They are the By living wages I mean more than a bare ment agreement worth $20 million in working poor. They are working every subsistence level. I mean the wages of a de- cash, stock, and perks. Included in his day but they are not out of poverty. cent living. pay package was a $2 million signing They may be off of welfare but they are President Franklin Roosevelt had it bonus, a $2.7 million cash relocation al- not out of poverty. right. America can do better than what lowance, free housing for a year, and a You would think those of us here in we are doing right now, a poverty wage 4-year mortgage interest subsidy. the Senate who have had our pay in- of $5.15 an hour. With housing costs up 44 percent in creased several times over the last 8 Senator KENNEDY went over some the last 4 years, imagine what it would years to adjust for the increased cost of things I think bear repeating when you mean to a low-income family to have a living would at least raise theirs. Right look at what is happening. year’s worth of rent or mortgage-free now minimum wage workers are earn- I was in Iowa this weekend. What I housing. Imagine that. But Mr. Hurd, ing $10,712 a year. I don’t know if any am hearing more than anything else is who got $20 million, got that. of you have ever read the book by Bar- the cost of natural gas prices, heating In 1999, Mercer Human Resources bara Ehrenreich called ‘‘Nickel and oil prices double. I heard testimony Consulting began tracking the proxy Dimed,’’ where she went out and tried from a man that his heating oil prices statements of 100 major U.S. corpora- to live on minimum wage jobs and have doubled. tions. In 2004, according to Mercer’s what it was like. I commend it for your Low-income people have to go pay survey, CEO bonuses rose 46.4 percent reading. It will give you an idea of their heating bills. to a median of $1.14 million, the largest what people go through as they try to There is another little quirk in the percentage gain and the highest level work and raise their families. law. The Senator from Massachusetts in the last 5 years. CEOs in this study We keep hearing the age-old argu- mentioned the LIHEAP program. We enjoyed median total direct compensa- ment. I have heard it every time in the need to put money in the LIHEAP pro- tion of $4,419,300 per year. That CEO last 30 years I have served in both the gram. There is a little quirk in the law compensation figure in excess of $4 House and Senate every time the min- that even I didn’t know about, and I million is 160 times the income of the imum wage comes up: These are teen- have been working and supporting average U.S. production worker last agers flipping hamburgers; nobody else LIHEAP for all these years. If you are year. makes that. cut off of your supply, you are then in- All we are asking for is a paltry $1.10 But we know what the facts are. eligible for LIHEAP. Imagine that. increase in the minimum wage. You Facts are stubborn things. We have a Let us say you get heating oil. It is a would think this would be adopted lot of doubt—don’t trust me, trust your deliverable commodity. It is not like a unanimously in the Senate. own Department of Labor. Trust the natural gas pipeline. Let us say you So you can see the ‘‘suits’’ are taking one that is run downtown right now. can’t pay your bills. You have some care of themselves in our society. But Here is what they will tell you: 35 per- bills left over, you can’t pay them, and the working poor, forget about it. They cent of those earning the minimum they refuse to deliver heating oil to are left on the side of the road in the wage are their family’s sole bread- your home. You are not now eligible shadows. winner—35 percent. It doesn’t sound for LIHEAP. That is right. You have to President Bush in New Orleans after like a teenager flipping burgers to me. get the money upfront. Sixty-one percent are women and Katrina said: ‘‘We should confront pov- That is what we are trying to get, one-third of those are raising chil- erty with bold action.’’ more money for LIHEAP. Yet the other Where is the bold action? Where is dren—61 percent of those are women. side will not allow us to do so. I had the strong voice in the White House This is a women’s issue, too, when you testimony from a young mother who asking this Congress to step up to the think about it. Most of them are stuck. got LIHEAP in this past year. You hear plate to increase the minimum wage Many of them are single parents. Many these stories. They tear your heart out. and do what is right. You have just the of them are not receiving child sup- She is a single mother with a small opposite. We have the White House support, and they are doing their baby. She said because they ran out of porting the Republicans in the Senate darnedest to raise their kids. They are money, she put her baby in the bathtub saying no to this small increase in the working and they are making $5.15 an in the small bathroom with a space minimum wage. hour. Last March, when we voted on the heater during the day. Then at night, I think it is unconscionable. Have we Kennedy minimum wage increase, she puts her baby in two snowsuits and in the Senate finally joined the there was talk that the Senate Finance covers her up hoping that they would Neiman Marcus crowd? Have we be- Committee would move a markup of a be warm all night as she put her in bed come so totally insulated from real welfare reauthorization bill. I heard next to her. families who shop at Wal-Mart and the words on the other side of the Real people live this way. It is hard Kmart? Have we become so insulated aisle—let’s not do it now; we will wait for some of us to imagine. Real people from families who struggle to get by for welfare reauthorization. We have live that way. They are making the day after day that we can’t even see been waiting. There is no welfare reau- minimum wage. That is what she was the necessity of raising the minimum thorization bill. There is none. making, minimum wage. wage $1.10 an hour? Is that what we So now is the time to do it. We can- If you look at the price of gas, up 74 have become? I certainly hope not. not wait any longer and neither can percent; health insurance, up 59 per- I am sorry that somehow it becomes the working poor. The minimum wage cent; housing, up 44 percent; college a partisan issue. It should not be a par- needs to be raised to a level that is not tuition, up 35 percent, yet the min- tisan issue. I would have thought the just a subsistence wage but a wage that imum wage is stuck where it was 8 other side would join and say, yes, we respects work, honors work, and re- years ago. Who can afford to pay all of have to do this together. We wouldn’t wards work at a reasonable level. these increases? Obviously, if you are be standing here having this debate. Listen to this: Franklin Roosevelt, one of these big corporate CEOs, here is I urge my colleagues to support the when we passed the first minimum where you are, up here. Here is where Kennedy amendment. It is the right wage law in the 1930s and Republicans workers’ wages and benefits are, down thing to do. It is long overdue. I hope were opposed to it—I assume that here. when people come to vote they think of comes as no surprise to anyone here— Listen to this. I don’t mean to pick those families out there who have no- President Franklin Roosevelt said: on any one person. Mark Hurd took where else to turn. No business which depends for existence on over as CEO of Hewlett-Packard in If we don’t increase the minimum paying less than the living wages to its March of this year. He may be a fine, wage, they are going to be colder this workers has any right to continue in this decent person. I do not know. I am winter, they are going to be sicker, country. casting no aspersions on him. I am just they are going to go to the emergency

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23176 CONGRESSIONAL RECORD—SENATE October 19, 2005 rooms, and we will pick up that tab, We also know the poverty rate is spect, it is not rich people who made too. Their kids are going to be less going back up. The fact is, there has America great. It is the vast American healthy. They will not learn as well in not been one net new private-sector job middle class. It is the upward mobility school. Anxiety levels will rise and created in the last 41⁄2 years. of people who thought they could do families will disintegrate. This chart, which should be a rebuke better than their parents. To me, raising the minimum wage is to all of us, shows that we now have in- For more than 100 years, we have a small price to pay for domestic tran- creased the number of people living in worked very hard to make sure the quility, to say to those 37 million poverty. In 2000, we had 31.6 million deck was not stacked against the aver- Americans out there—as I said, most of people, which was far too many. Now age American. Teddy Roosevelt under- whom are women, many of whom raise we are up 5.4 million. Why? Because stood that if we did not have a fair families on the minimum wage—we can the economy is not creating jobs, and playing field, if people were permitted do better, and we have to do better. many of the jobs that are in the econ- to monopolize capital and abuse labor, I urge my colleagues to support this omy are no longer paying wages that a lot of people would get rich, but the amendment. I thank my leader and my families can live on and can work their vast majority of Americans would colleague from Massachusetts, not only way out of poverty. never get ahead. So he began to agitate for today but for all of the battles he We know everything else has gone for and accomplish making sure we had has waged for so many years on behalf up. Across America, people are spend- a fair economic system. of basic justice and fairness for Amer- ing 74 percent more on gas than they As we moved through the 20th cen- ica’s working families. did at the beginning of 2001. Heating oil tury, we saw adjustments made. I thank the Senator from Massachu- prices are expected to rise by more Franklin Roosevelt understood that setts for yielding me this time. I thank than 50 percent this winter. Such rapid the hazards and vicissitudes of life him for his great leadership on this and price increases will force consumers, strike any of us and that a fair and just many other issues of basic justice. especially poor working people, to cut society tries to provide a little help so The PRESIDING OFFICER. Who spending on clothing, health care, and that people overwhelmed by cir- yields time? food so they can get to work and keep cumstances often beyond their control Mr. KENNEDY. Mr. President, I yield warm this winter. would be able to keep going, raise their such time as the Senator from New These rising costs and falling wages children, and plan for the future. We York may use. are illustrated in this chart. Where The PRESIDING OFFICER. The Sen- put in a lot of Government programs to heating oil is going up dramatically, ator from New York is recognized. make sure we had a balance of power, Mrs. CLINTON. Thank you, Mr. the buying power of the minimum wage a balance of power between capital and President. is going down. Of course, we are in the labor, between management and em- Mr. President, I find it almost hard post-Katrina phase, which, lest we for- ployees. And it worked very well. to believe that we are on the floor of get, demonstrated in stark terms how The history of the economic pros- the Senate arguing over the necessity so many Americans live every day on perity of the American middle class in for an increase in the minimum wage. the brink of economic disaster. Any the 20th century is the greatest exam- I am strongly supportive of Senator setback becomes a major obstacle to ple of what can happen in a democracy KENNEDY’s amendment, and proud to being able to pay for gas, pay for food, where people’s energies are freed so cosponsor it. I urge my colleagues on pay for health care and prescription they can compete for themselves but both sides of the aisle to vote in favor drugs, pay for tuition, pay for all of the within a framework of rules. I am very of it and to oppose the second-degree necessities of life. proud of the progress we made in the amendment. It is hard to stand with this amend- 20th century, and I am particularly This amendment does not go as far as ment before the Senate and not won- proud of the last 8 years of the 20th I or Senator KENNEDY and others would der, when will the majority stop giving century where 22 million people were have preferred. It raises the minimum privileges to the already privileged? At lifted out of poverty, where we raised wage to $6.25 an hour, far short of the what point is it too much? Never has a the minimum wage, where we said to $7.25 an hour that Senator KENNEDY political party given so much to so few people: You have to work, but if you and I and 48 other Senators proposed in who needed it so little. And it never work, we will make sure you and your March. But we could never get a vote ends. We are more than happy to con- children have a fair chance. on that. This amendment, however, tinue to provide tax breaks for the We have reversed that progress. It should have even greater support than wealthiest among us while we cut the appears as though people are just sleep- the 50 cosponsors we had last March. It social safety net, while we refuse to walking through this Chamber and the should pass unanimously out of this raise the minimum wage. Shame on us. Chamber on the other side of the Cap- body. Fifty Senators just last March At some point, there has to be a rec- itol. Don’t we see what is happening supported an increase to $7.25. And now ognition that we are tilting the scales before our very eyes? We are under- we have to cut the increase with a hope dramatically against average Ameri- mining the American dream. We are that we can get, No. 1, the vote we are cans. The middle-class wages are stag- making it nearly impossible for people hoping to get on this appropriations nant. Health care costs are going up. to believe that tomorrow will be better bill, and, No. 2, an overwhelmingly bi- The number of the uninsured is going than today and yesterday. partisan passage. up because people who work hard for a These numbers speak for themselves. Since March, we have seen even more living are no longer offered insurance Look at this. The minimum wage no evidence as to why this is critical. At a or cannot afford to pay what it costs. longer even lifts a family out of pov- time when working families are strug- Pensions and retirement security are erty. You can go to work 40 hours a gling to make ends meet, it is criti- at risk. There is something wrong with week, you can clean the rooms and the cally important that we do something. this picture. toilets in a motel, you can serve the Senator KENNEDY has called this With all due respect to those who food in a restaurant, you can work in a amendment a downpayment on what is have a different economic philosophy, small factory, you can make that min- truly needed. Today, the Federal min- rich people did not make America imum wage, and you cannot even get imum wage is $5.15 an hour, an amount great. I am all for rich people. Ever your family out of poverty. What kind that has not been increased since 1997. since my husband got out of office and of message does that send? The whole Unfortunately, the same cannot be got into the private sector, I think it is idea of America is if you work hard and said of the cost of living. Over the past great. I never knew how much the you play by the rules, you will be suc- 3 months, according to the Federal De- President really liked us; he cannot cessful, you will have a chance to do partment of Labor, inflation has in- give us enough tax cuts. I have nothing better. creased more rapidly than any time against rich people; that is part of the Look at that chart. It speaks for since early in 1990. American dream. But with all due re- itself. We have been on a steady slow

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23177 decline. Even when we got a bipartisan The second-degree amendment also time. To say this is a return to the 19th agreement to raise it in 1997, we still prohibits States from providing strong- century is a unique view of something did not get above the Federal poverty er wage protections than the Federal which all Federal employees have the line. standard for employees such as waiters right to do today, which is to exercise What message are we sending to mil- and waitresses who rely on tips. The flextime. lions of hard-working Americans? I amendment removes agency discretion Why is flextime allowed for Federal represent a lot of them. I represent and creates a safe haven for violators employees? Because there are a lot of people who are working hard for a liv- of a broad range of consumer, environ- people who work in the Federal Gov- ing. You see them on bicycles in Man- mental, and labor protections by pro- ernment who would like to have the hattan delivering food. You see them hibiting Federal agencies from assess- opportunity, if somebody in their fam- doing all the hard work, the janitorial ing civil fines for most first-time re- ily, for example, is getting married, to services at night. In upstate New York, porting violations and preempts be able to restructure their workweek I see them as they get up every day and States’ abilities to enforce these laws. so that one week they will work more go to work and believe that they are In my State, we happen to think that hours, and the next week, maybe the doing what they should do. What mes- some of those rules need to be enforced. week their daughter or son is getting sage are we sending them? Too bad, James Madison said in the Federalist: married, they work fewer hours so they keep working. Don’t expect anything If men were angels, there would be no can participate in the excitement of from us. We are too busy giving tax need for a government. But we aren’t, planning for that wedding. cuts to the wealthiest of Americans. and we never will be, not on this Earth. There are a lot of people in the Fed- That is a choice that will be made by The job of government is to help level eral Government who, when one of this Senate. As far as I can tell, it will that playing field, help right that bal- their family members, unfortunately, be a choice to vote against the min- ance. Otherwise, people are powerless gets very sick and has to go in for an imum wage and to vote instead for the to defend themselves, especially when operation, want to be able to be with second-degree amendment which is de- they have to get up every day and go to that loved one during that time of tre- signed not only to defeat Senator Ken- work to keep body and soul together mendous trauma. They want to be able nedy’s amendment but to do even more and food on the table, particularly if to get to that hospital and not worry harm to the paychecks of working they are single parents trying to make about not doing their job correctly at Americans. do on minimum wage. the same time. So they seek the oppor- This is what I don’t understand. The It is disheartening. We could have tunity of flextime, too. second-degree amendment denies more had an up-or-down vote on the min- Then there are other people who than 10 million workers the minimum imum wage. If you want to vote work for the Federal Government who wage, overtime, and equal pay rights against the minimum wage, vote have children who do exciting things. by ending individual fair labor stand- against the minimum wage. But to in- Maybe they are in plays. Maybe they ards coverage and raising the threshold troduce a second-degree amendment are in bands. Maybe they are good ath- for which a business would be held ac- loaded with poison pills that are letes and in sports. Maybe they are not countable to 1 million from 500,000. In against workers, that are against fair- good athletes but sit on the bench, but short, and let’s make no mistake about ness, that speaks louder than any they like to go to those games, they this, the second-degree amendment words I could say in this Senate. like to go to those plays, they like to would be the end of the 40-hour work- There will be a day of reckoning. We go to those band recitals. Maybe they week. So we can go right back to the cannot continue to tilt the scales are a fair distance away, so they want end of the 19th century because that is against the vast majority of Americans to drive them, they want to take that where we are heading. There are those, and not be held accountable in the po- extra Friday afternoon and take them bless their hearts, who believe America litical process. The mask has been out to that event because it is a big was better off at the end of the 19th ripped off of compassionate conserv- part of their life, a big part of their century, when you were told what to atism, and people see it for what it is— family, and they take advantage of do, and you had to do it, and you did partisan politics to favor the rich. If flextime to do that so they do not un- not have much of a choice about it. I that is what we are going to be fighting dermine their ability to do their job. don’t agree with that. I am proud of against in this Senate, I guess bring it Is that the 19th century way we deal the progress we made in the 20th cen- on, because on that fight the vast ma- with employees? What an outrage to tury, but I am absolutely convinced jority of Americans, regardless of what make a statement like that. Maybe the some people are trying to head us right party they claim, are on the same side. Senator from New York has some back there. They want to make sure the deck is unique view of the 19th century that If it is the end of the 40-hour work- not stacked against them, that they says that when you give a family more week and the end of the American have a fair chance to compete, and that time off to deal with family issues, weekend because there are no rules on their labor gets a fair return. that is counterproductive to having a overtime, that means a pay cut of I hope our colleagues will rally in strong family. Maybe we are not rais- $3,000 a year for the median-income support of Senator KENNEDY’s amending a village when we do that, but I earner and an $800 pay cut for those ment and vote against the second-de- sure think we are encouraging the earning minimum wage. Now employ- gree amendment. We should pass an in- strength of the family when we do that ees are already free to offer more flexi- crease in the minimum wage, and it for our Federal employees. ble schedules under current law, but should not come at the cost of denying What are we suggesting here? We are today if they come in and they tell an basic rights to millions of Americans suggesting the employer and employee employee, ‘‘Guess what, I need you this and turning the clock back to the 19th in the private sector have the right to weekend, you are going to have to century, which is what it would do. reach the same agreement that the work’’, they have to offer overtime I yield the floor. Federal employee has with the Federal when the work is more than 40 hours a Mr. ENZI. I yield the Senator such Government; that over a 2-week period, week. The second-degree amendment time as he may consume. an employer and an employee, only would undermine that basic protection. The PRESIDING OFFICER (Mr. with the consent of the employee, only So instead of making it easier for fami- ALEXANDER). The Senator from New under a voluntary condition, without lies to spend time together, we basi- Hampshire. any mandate, and with significant safe- cally are going to tell workers that Mr. GREGG. Mr. President, as we guards so there cannot be any coercion, they have to do whatever they are told speak in the Senate, sometimes we are that employee and that employer, if at risk of losing their job without any caught up in hyperbole. I am certainly they decide it is to the benefit of both overtime pay or any other compensa- afraid that has been the case on the of them to allow the employee to shift tion. other side as they try to describe flex- their workweek from a 40-hour week

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23178 CONGRESSIONAL RECORD—SENATE October 19, 2005 one week and a 40-hour workweek the the debate now. The Senator from Mas- unanimous consent that I can speak for next week to a 50- or 45-hour week one sachusetts has adjusted his amendment 7 or 8 minutes following the Senator week and a 30- or 35-hour week the next so the amount of increase in the min- from Illinois. week or something in between, they imum wage is essentially the same as The PRESIDING OFFICER. The Sen- will have the right to do that. It does the amount of the increase in Senator ator from Massachusetts controls the not undermine the 40-hour workweek. ENZI’s bill. The issue of dollars relative time. It encourages more productivity, and it to the wage increase is no longer a fac- Mr. KENNEDY. Mr. President, I yield gives people more opportunity to be tor. That is no longer a factor. The such time to the Senator from Con- home, in most instances, to participate only thing we are really debating about necticut as he has requested in his rein important events, some of them right now is giving small businesses quest, following the Senator from Illi- unasked for, some undesired such as some relief and allowing people flexi- nois. health issues, and some very exciting bility in their workweek, which we The PRESIDING OFFICER. The Sen- such as weddings or children doing spe- give to all Federal employees, but for ator will be so recognized. cial things in school. Or it may simply some reason the other side resists giv- The Senator from Illinois. be a young couple who wants to get ing to people who do not work for the Mr. DURBIN. Mr. President, America away a little early some week in order Federal Government and who are sub- will not soon forget the images of Hur- to enjoy the fact they are newly mar- ject to the 40-hour work rules. ricane Katrina, some of the poorest ried. Or it could be any other multiple So I must say, with respect to the people in our country exposed to the of personal events that might occur other side, I find it disingenuous for worst natural disaster in current mem- that causes somebody to say: I would them to argue that it becomes a 19th ory. We watched that television screen like to work longer one week and less century approach to say we would like 24/7 and saw our fellow Americans the next week so I can take advantage people who are in the private sector to struggling to survive, fighting the of that. have the same rights as people in the floodwaters, trying to keep their chil- How can the other side of the aisle, Federal sector. People in the private dren and their families together. in good conscience, and with a straight sector should have the same rights as America may not soon forget that face, come to this floor and say that is people in the State sectors. People in image, but, sadly, many politicians in some sort of coercive event, that is the private sector should have the Washington have already forgotten. some sort of event that undermines the right of their own volition, of their The poor people of New Orleans who right of individuals and the labor force own initiative, protected by significant suffered—as those who did in Mis- of America, especially when that right laws which avoid coercion, to choose to sissippi and Alabama—those poor peo- is given to all Federal employees and work longer one week and less the next ple were underwater long before Hurri- many State employees? The exaggera- week so they can do things such as par- cane Katrina arrived. They were under- tion is extraordinary. The hyperbole is ticipate in their family’s lifestyle, water because they were submerged by excessive. The policy they are sug- whether it is a soccer game, a wedding, poverty. They were submerged by a gesting is 19th century. They are say- or whether it would be, unfortunately, health care system that denies them ing: You are going to work 40 hours some medical event, or anything else basic health care protection. And, yes, this week, and you have to work 40 that is appropriate. they were underwater because if they hours next week, and no matter how Mr. President, this amendment by got up and went to work every single much you might not want to work the Senator from Wyoming is an excel- day, and worked 8 hours a day, the under that structure, you cannot lent amendment, and in the context of most they could hope for under Federal change because we know better than the debate, it is especially excellent be- law is $5.15 an hour. you know. I, the Senator from New cause, essentially, we are not fighting It has been 8 years since we have York, know better what the employees’ over increasing the minimum wage any raised the minimum wage. Senator workweek in New Hampshire should be longer in the two amendments. All we KENNEDY of Massachusetts has val- like. Or the Senator from New York are fighting over is whether we are iantly raised this issue every year, beg- knows better about the workweek than going to give small business a little ging the President to come forward and the people of New York. more protection, a little more right to stand up for those poor, vulnerable peo- Well, I happen to think that allowing be productive and therefore create ple in America. Today he asks for what people to develop some opportunities more jobs, whether we are going to is a modest increase in the Federal to structure their workweek so they give individuals the opportunity to minimum wage: 55 cents an hour with- can better care for their family, better have more flexibility and a better life- in 6 months of enactment, and another assist their family’s lifestyle, have a style. 55 cents an hour 1 year later. better quality of life—doing it all in Mr. President, I yield the floor and Not a single family with this in- the context of protecting the rights of yield back the remainder of my time, creased minimum wage will really get the worker so they are not asked to to the extent I have any, to the Sen- out from under the burden of poverty. work any more hours, doing it all in ator from Wyoming. We know it. Take a look at what fami- the context of a voluntary program, The PRESIDING OFFICER. Who lies face today. Since 2001, the price of doing it all in the context of allowing yields time? gasoline has gone up 74 percent. I think the employee to make the decision, not Mr. KENNEDY. Mr. President, I have it is even higher. Health insurance, has the employer—I happen to think that a question on time. How much time re- gone up 59 percent, if you are lucky is a pretty appropriate way to deal mains on either side? enough to have it. Housing has gone up with somebody’s work in relation to The PRESIDING OFFICER. The mi- 44 percent. College tuition has gone up their lifestyle. I think that is a 21st nority has 24 minutes. The majority 35 percent. century approach. has 76 minutes. Yet when we come to the floor and I think the other side’s proposal is a Mr. KENNEDY. We have 24 minutes; ask for the most basic minimum wage 19th century approach. Or maybe that is that correct? increase for the hardest working people is too much hyperbole. Let me just say The PRESIDING OFFICER. Twenty- in this country, we are told by the Re- the other side’s approach is misguided. four minutes. publican side of the aisle, no. No. They I think our approach gives people the Mr. KENNEDY. Mr. President, I yield have forgotten the images of Hurricane type of flexibility—that is why it is 8 minutes to the Senator from Illinois. Katrina. If they ever experienced them, called flextime—in which most people Mr. DURBIN. Mr. President, I thank they have forgotten what it is like to would like to have the opportunity to the Senator. have a limited amount of money to try participate. This is a good proposal. Mr. DODD. Mr. President, may I ask to feed and clothe and shelter a family. It is especially good because it comes unanimous consent that I be allowed to Mr. President, $5.15 an hour in the in the context of being the essence of follow the Senator from Illinois? I ask United States of America? Why in the

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23179 world are we even debating this? For many other families across America I am really stunned by it. This in- Senators to come to the floor and say: are underwater today because they do crease of $1.10, gets you to $6.25. It pro- Well, we want to give employers more not have health insurance, they cannot vides for some additional groceries and flexibility on overtime—do you know afford gasoline? They are working 40 rent, 1 year of childcare. That would be what that means? It means denying hours a week and cannot make ends an additional $2,288 if we adopted the workers overtime pay. meet. They are deep in credit card debt Kennedy amendment. Do you know what their proposal is? and cannot get out of it. There are so many examples that can If your employer comes to you and For once, wouldn’t it be great if the be cited about what this means and says, ‘‘Listen, the boss says you are Senate came together on a bipartisan what people are going through. The going to work 50 hours this week and 30 basis to stand up for working families? Senator from New York raised this ear- hours next week,’’ you put them to- The way to do that is to vote for the lier. Senator KENNEDY has, as well. gether and it is 80 hours. No overtime. Kennedy amendment and to oppose the This is that chart that shows where the ‘‘I hope you enjoy a little more time Enzi amendment. minimum wage is. As shown here, this with your family.’’ Really? Fifty hours Mr. President, I reserve the remain- is the poverty line. The black line is this week, 10 hours of overtime but not der of my time and yield the floor. the poverty line. We have been without an extra penny in overtime pay. That The PRESIDING OFFICER (Mr. MAR- these increases in the minimum wage. is the Republican proposal. Great TINEZ). The Senator from Connecticut People are literally staggering at the ‘‘flexibility.’’ is recognized. bottom with a little more than $12,000 Mr. DODD. Mr. President, let me One of the Senators said that gives a year. Here is the poverty line. you more time to go to soccer matches begin by thanking our colleague from How do you explain to people, good with your kids. Well, assuming you can Massachusetts for, once again, offering people, what we are doing in this Con- afford the gasoline for your car to get this amendment. As he has pointed out gress when we cannot even get this already, this is a pared-down version of to that soccer match, you realize in number up even close to the poverty what was offered before. It is hard to your heart of hearts you are making line for people to make ends meet? comprehend how anyone, let alone a less money than you would have made What has happened? This never was a family can make ends meet on $5.15 an trying to make ends meet and keep debate that caused great friction—to hour. How do you pay for housing, food, your family together. talk about making sure people out clothes and other staples? Let me tell you something else that I have often said—and it has been re- there working hard would be able to troubles me, too. How many people are peated by others—the best social pro- provide for their family. Now, we would standing up on the Senate floor and gram ever created was not by an act of turn around and say: You are not even talking about what is happening to Congress. It was not created by a regu- going to get the kind of level of sup- corporate profits while workers’ wages lation or rule. The best social program port that makes it possible to make are suffering? Corporate profits have ever created was a job. Think of all the ends meet. gone up 105 percent, while basic work- benefits, the intangibles, that accrue I would hope that, No. 1, we would ers’ wages have gone up 3.2 percent. It as a result of having a good-paying job. adopt this amendment. Let’s get back just tells you that when it comes to Here we are saying to people: Work to the days when we were able to come providing some opportunity in this hard and make only $5.15 per hour. You to agreement on something that would country, there is plenty of opportunity cannot even begin to provide for the take people who are struggling and for those with the highest levels of in- basic needs of your own family. give them a chance to make ends meet. come. We give them the tax breaks and What bothers me a great deal is how I have one more chart that highlights ignore the working families struggling things have changed here in the Sen- the importance of all of this. Consider every single day to keep it together. ate. In my 24 years in the Senate, I re- what is going to happen as heating oil Senator ENZI of Wyoming is a good call with great vividness the real dis- prices go up by more than 30 percent. colleague. He and I have worked to- cussions we had. I won’t bore my col- We are talking about the minimum gether on many good things, and I am leagues going back to the Roosevelt ad- wage actually going down in excess of happy to work with him in the future. ministration, although it is not insig- 8 percent in terms of its ability to help I have to tell you, his amendment is a nificant to talk about it. But just in people make ends meet. We have the very bad idea. The Enzi amendment more recent years, the minimum wage Bush economic plan that is going to would deny to more than 10 million battles were not battles. They were re- have rising energy costs with a declin- workers across America the minimum solved in a bipartisan way. My col- ing minimum wage. What in the world wage, overtime pay, and equal pay league from Massachusetts can tell you do we think people are going to do? rights. And, sadly, it would be the chapter and verse how it was done. How are they going to make ends death of the 40-hour workweek. What has happened to us? What is meet? How does that get done? What In the home I grew up in, we knew wrong with this Congress, in these happened to compassionate conserv- that the Good Lord gave us the Sab- days, that we are incapable of raising atism? What happened to the days of bath. We knew that organized labor the minimum wage to meet even the the first Bush administration, and the gave us the weekend, understanding level of inflation for poor people in this Reagan administration as well, when that families would work hard Monday country? Increasing the minimum we were able to come to agreement through Friday, and they could spend wage was never a divisive battle. That about the minimum wage? time together on Saturday and Sun- was done by almost unanimous con- Mr. KENNEDY. Will the Senator day. You will see the end of that week- sent. We would work it out, come up yield for a question? end with the Enzi amendment. You will with an amount that we could afford Mr. DODD. I am happy to yield. see workers plunged into extra hours of that made sense for people, and enact Mr. KENNEDY. The Senator very work without overtime pay, for a it. eloquently pointed out the fact that we whole week, and fewer hours the fol- These are familiar examples, as haven’t seen an increase in the min- lowing week, and no overtime benefits. shown on this chart, going back to the imum wage in 9 years. Inflation has That really cuts the heart out of op- Roosevelt administration, when the eaten away from that $5.15 as costs and portunities for families across Amer- minimum wage was enacted, going prices have gone up. Is the Senator ica. We have to understand something through the Clinton administration, aware of the increase in the minimum very basic in this country. We are where we were actually able to get wage that has taken place, for exam- going to make some important deci- those kinds of agreements between Re- ple, in Great Britain? They have the sions in the closing weeks of this ses- publicans and Democrats. And here we second most successful economy in Eu- sion. Will we remember the vulnerable are now, for the last 5 years, still bat- rope; Ireland being No. 1. They were at people who were the victims of Hurri- tling over whether we can get a modest $8.56 an hour. This year they have gone cane Katrina? Will we understand how increase in the minimum wage. to $8.85 an hour. Next year, in October,

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23180 CONGRESSIONAL RECORD—SENATE October 19, 2005 they will likely go to $9.44 an hour. a small business concern, in the case of a agree on and, worse than that, prob- From 1999 to 2003, Great Britain has first-time violation by the small business ably 40 percent of the stuff that we brought more than 1.8 million children concern of a requirement regarding collec- don’t want to listen to. out of poverty. That is what has hap- tion of information under Federal law, in a There have been some gross manner inconsistent with the provisions of pened in another economy that says this subsection. misstatements here. I want to start that the increase in the minimum wage with just the last one, talking about That is a license, in my view, to go and providing at least a living wage for allowing people to do whatever they off and do anything, notwithstanding individuals is not adverse to the econ- want without a fine. That is such a any other provision of law. It could omy. It is important to an economy. gross misstatement that I am really wipe out all other Federal laws. Do my And most importantly, it has been cru- disappointed in the opposition. I even colleagues know which laws are being cial to lifting children out of poverty heard the opposition say that that eliminated, notwithstanding any other and avoiding the kinds of circumstance would allow people to have oilspills. I provision of law? You could lie and that we have seen after Katrina. don’t know how oilspills fall in the cat- cheat and steal. Am I reading this cor- Why is it that they can understand egory of a first-time paperwork collec- rectly? tion. That is all it applies to. If a small this and be so successful, and we, 9 Mr. KENNEDY. The Senator is cor- business makes a mistake sending data years later, are still on the floor of the rect. Effectively, what this does is pre- to the Government, just data, just a Senate for an hour and a half, and I bet empt all 50 States from being able to form—they miss a little bit on the we will still be unwilling to provide an enforce any of the Federal laws which form or they miss the deadline slightly increase of $1.10 for some of the hardest they are mandated to enforce. I don’t and they immediately correct it and it working Americans? know where we get this idea. That Mr. DODD. In response, the Senator doesn’t hurt anybody—that is all that could be on safe water, environmental, makes a very good point. We have a provision does. toxic substances. It could be on oil- tendency to think about raising the If you are a small businessman out spills. It could be on any other matter. minimum wage as being a cost to soci- there trying to comply with the thou- They preempt the States. Where is this ety. What the Senator from Massachu- sands of pages we have in a whole idea coming from? Where did this idea setts is pointing out is quite the con- bunch of different areas, and you miss come from? Preempt the States from trary. Raising the minimum wage is an one paperwork deadline, you can be any kind of enforcement, what in the overall benefit. In fact, the Senator is fined pretty severely. That is paper- world has that to do with an increase absolutely correct. In Great Britain, in work. That is not oilspills. That is not in the minimum wage? fact, in no small measure because they Mr. DODD. Again, we are looking at EPA. That is not any of the other have actually raised the minimum an 80 page amendment. This is only one things. It is data collection. That is wage, the economy of that nation has provision that I happened to read what the amendment says, data collec- improved. In the years since we have quickly. Do my colleagues know what tion. Read the whole amendment. If a not increased the minimum wage in they are voting for? It literally could small businessman misses a deadline or this country, we have watched millions wipe out all the Federal laws that a makes a mistake on paperwork and it more of our fellow citizens fall into State would have to protect its people. is correctable and it is corrected imme- poverty. There is a direct correlation. That is ridiculous. With all due re- diately and it doesn’t harm any em- We now have some 13 million children spect, this amendment ought to be de- ployee, then they are not subject to the in America living in poverty. What is feated. fine that time. That is a small conces- the 21st century going to offer if we are I know very little time remains. I sion to the small businessman, a very raising a generation of so many of our urge my colleagues to consider this small concession. children living in poverty? Overall, 37 modest request to increase the min- On this whole bill, I am absolutely million Americans are living below the imum wage and reject the Enzi amend- amazed. We are talking about the same poverty level. In fact, more than 5 mil- ment. That amendment goes beyond $1.10 increase on the Democratic side lion Americans have fallen into pov- raising the minimum wage and re- that we are talking about in my erty in the last 5 years. In Great Brit- quires far more work than we can do in amendment. There is no difference. ain, as the Senator points out, as a re- a 1-hour debate. Its implications may Both of them provide for a $1.10 insult of increasing the minimum wage, only be discovered weeks or months crease over the same period of time. people have actually been lifted out of from now. We are not talking about which side is poverty and the economy of their coun- This ought to be rejected if for no going to put people in poverty. Obvi- try has improved. other reason than I don’t think we even ously, there is no listening from that What the Senator from Massachu- know all that is in it. side. setts is offering today is substantially I urge adoption of the Kennedy I have to be upset when it is claimed less than proposals he made earlier. amendment and the rejection of the that apparently the minimum wage is This increase would be to $6.25, if we Enzi amendment. the reason for Katrina. You can’t go can get it approved. We ought to come I yield the floor. that far, folks. You can’t. There isn’t a together around this. What a great day The PRESIDING OFFICER. The Sen- connection between the minimum wage it would be in America for the Senate, ator from Wyoming. and Katrina happening. There isn’t. on a bipartisan basis, to support this Mr. ENZI. Mr. President, I yield my- Yes, there were people involved in that modest increase in the minimum wage. self such time as I need. I probably tragedy who were at the minimum With all due respect to my good need quite a bit because the problem wage, just as there are people under friend from Wyoming, his amendment with debate on the floor of the Senate the minimum wage across the whole is some 80 pages long. I suggest to my is that we don’t listen to each other. I United States. But there isn’t a con- colleagues, in the hour you have left have said a lot of times that in com- nection with Katrina. It makes nice before we vote, that you read this mittee, we are a much more informal rhetoric. That is what we tend to do on amendment carefully. I think you will group when we are marking up things. the floor, make rhetoric. We ought to be stunned to discover the impact of Consequently, if there is a misunder- be making policy. What I have here is this amendment. standing or a disparity, we can get to- good policy for small business. I ask my friend from Massachusetts, gether and we can talk about it and we I also heard some statements about on page 17 of the Enzi amendment, cor- can find out how people were wrong. how all the small businessmen are rect me if I am wrong, as I read line 7, I am disappointed that we haven’t wealthy, and they do that on the backs subsection 5 of this amendment, it talked about this. A lot of these have of employees. First, they are not all says: been available before. But what the wealthy. Secondly, the implication Notwithstanding any other provision of American people get to see is the 20 that they are unethical to get that law, no State may impose a civil penalty on percent of the stuff that we will not money is also not correct. There are

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23181 small businesses out there that wind Democrats about and tried to nail meaning if they are short an employee, up paying their employees more than down in a very clarified way so there the trip they were going to take, the they get, even if the employee is on the could not be those objections. It is a meeting they were going to go to, minimum wage. There is no guarantee few pages to do six different things for which could be to buy products for the for the small business owner. We have small business. That is not a lot. Small store, is canceled because somebody to remember that. business is the one that takes the has to be there to run the store to pro- I was surprised that the other side bump on this proposal. I am trying to vide the customer service. That is how didn’t say: Here is the chance to get smooth out the bump, not at the cost small business works. the minimum wage increase and to of the employee, but as a little bit of I can tell you, too, when you have a help small business, not to harm em- help to an employer. And it is offset. It small business, the employees are more ployees. There is nothing in here that is paid for. We are not driving up the like family, and so they have insight harms employees. deficit by doing any of these things, into more of what is happening in the Part of the rhetoric was, we are tak- but we are providing a way for them to company than they would in a big coming away the 40-hour workweek. No, we stay in business and provide an in- pany. In a big company, if they know are not. We are matching Federal em- creased minimum wage for their em- about their own department, it is prob- ployees’ benefits to private employee ployees. ably a big deal. In a small company, benefits. That is it. What the Federal I heard a comment that there were they know about the whole business. employees are allowed to do, we say no net new jobs in the private sector in They probably do things in the whole that all employees ought to be able to the last 41⁄2 years. Overall, it could be a business and they know how tentative do. How is that taking away overtime? true statement. I don’t know; I have the whole business is. Because it doesn’t take away overtime not checked it. But I do know that in Talk to some of the small business- from the Federal employees, so it also the small business sector, there have men in your own community. Find out wouldn’t take away overtime from the been some huge net job increases. what kind of a ‘‘wealthy’’ life they live. private employees. There is a provision Unemployment in the United States You will find out most of what they in this amendment that says there can- is about the same as it was. There has earn they have to put back into the not be coercion. They talk about forc- been an increase in population. Those business to keep it growing. ing people to work on the weekend. people have been employed. Where Another significant part of what they That provision says that it has to be in have they been employed? In small earn they have to pay in taxes because an agreement between the employer businesses. We know that big business the tax structure is set up so that most and the employee. It truly is designed lost employees. They keep downsizing. of what they make looks as though it to be able to get them in a position They call it rightsizing; I call it losing is personal wage, and that puts them in a very high tax bracket and they wind where, without losing any money, they jobs. But the small business sector has up paying that out. can have some extra time at the time picked up those jobs. Being in small business is not a cake- that they want to have it. There are people out there gener- walk. When the Federal Government I mentioned before—obviously, no- ating ideas willing to take risk. Any- forces on them any new regulation, body was listening—that where this body out there who thinks if you have that causes problems. comes up the most is where there are a small business all you do is open the Federal employees married to private I also heard a statement that the doors and make a lot of money is employees. The Federal employee gets minimum wage increase only applied wrong. Talk to the small businessmen this special break where he or she can to one-tenth of 1 percent of the na- in your community. See how many of rearrange their schedule so that they tional payroll. That is another myth I them in the middle of the night sit work a little more one week and then need to address, because, again, having straight up in bed and say: How do I they can get time off the next week been in business, I know that when the meet payroll tomorrow? But they do, without any penalty. But the spouse minimum wage rises, it raises all and they solve it, and one of the ways who works in the same town but for a wages. If you have somebody else who they usually do that is they don’t pay private employer is told by Federal is in a tier above the minimum wage, themselves. Later, when they make law: You can’t have that benefit. and you raise the minimum wage, you That is wrong. Why can’t we, after some more money, they may make up eliminate part of the tier. Nobody can two decades of seeing that it works for for what they lost in that period of do that in small business because ev- the Federal Government, believe that time. But talk about no flexibility, erybody knows what everybody makes. it might work for private business? If they do not have any flexibility; they So you raise that one and then you it doesn’t work, I would be one of the have to pay their employees. A lot of raise the one above that, and then you first ones to move to get it out of people who go into business find out it raise the one above that. there, but it is going to work. There is is not the cakewalk they thought it We are not talking about an impact no indication it would not work. would be. on one-tenth of 1 percent of the na- I think if we sat down and talked When I was a small businessman we tional payroll. We are not just talking about these proposals, there would be used to employ some extra people dur- about those people at the bottom of the some agreement on both sides of the ing the slow time so we would have ladder; we are talking about most of aisle. It has become one of those rhet- them during the time when we needed the people in the United States. oric things where we can appeal to the them, during the back-to-school rush I would like to give all of the people base by blasting the Republicans for and the Christmas rush. We were al- in the United States a pay raise. The having any kind of a proposal, such as ways a little bit disappointed after we problem with giving everybody a pay this, that would help small business- paid them through the slow times, raise is that it has to be paid for. men. when we were not making the money, Somebody has to pay that bill. It is not There are a lot of statements I ought to then have them leave at the busy like the Federal Government. The em- to correct. One of them is 2 pages times or be sick at the busy times. We ployer out there, particularly the small versus 85 pages. Clearly, 85 pages understand sick. People get sick. businessman—well, even the big busi- versus 2 pages, but that is like me try- Sometimes as an owner we were sick, nessman—cannot print their own ing to imply they have a Federal Tax but that did not mean we could not money, so they cannot run deficits Code idea and it is just send your come to work because we had to keep very long or they are out of business. money to the Federal Government. the business running. How will businesses go about paying That would not be true. That is what Small business is different than big for a raise in the minimum wage? Let’s they are saying when they say 2 pages business. It runs on fewer people. That see, you can do it by having less peo- versus 85 pages. is why we call it small business. The ple; but, that is people losing jobs, and I have additional pages because of small business people have to com- I don’t know of a single small business- the provisions I have talked with the pensate different ways for themselves, man out there who likes to get rid of

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23182 CONGRESSIONAL RECORD—SENATE October 19, 2005 people. They feel for these people who cards through that. When you got them We do have a Federal program—and I work for them. They know these people back, you had a bug list and you could am hoping we can get it through the who work for them. And when they lay rewrite lines so it would work. And the Senate by unanimous consent or even them off, they see the hurt in their next day you get cards punched again. with some limited debate, whatever it eyes. In small businesses, it is the lit- Eventually you get through the bugs takes and whatever will fit in this tle guy who has to look them in the and get this little simple thing done packed schedule between now and eye and say: I have to have one less that today a child on a home computer Thanksgiving . There is some impor- employee because I am paying others could probably do in about, oh, 20 min- tant legislation we need to do. One of more. In some businesses, when there utes. But we were amazed at the capac- them is passing the Workforce Invest- is a tight spot and the boss goes to ity, the productivity that this pro- ment Act. them and says: ‘‘Look, I have this vided. The Workforce Investment Act will problem, I am not going to be able to One of my fellow students figured out provide for about 900,000 people a make wages so I am going to have to in doing inventory, that instead of the year—a year—to be trained in higher let somebody go’’, the people in the 40-hour week he was putting in to ac- skilled jobs. business will often say: ‘‘In the short complish the work, that he could write That can be people who are unem- term, we will take a little less because a program, run it through the univer- ployed or people who are employed but we understand the problem; we don’t sity computer on class time, and do the trained to higher skilled jobs. I also want you to be forced to lay off any- same amount of work in 1 hour. Now would like to put in a little plug for body.’’ here is where I was pleased with the Wyoming at this point. We are short of That is not the option when the high- company he worked for. They let him people. We are the least populated er wage is mandated, there is no slack do that and they paid him for 40 hours. State in the Nation. Previously, one of to get through a particularly hard He was thrilled. He is now a pro- the reasons has been we did not have time, even if it is a short one. We are grammer. jobs. Now we have jobs. We do not have talking about the prospect of people What he did was increase his skill people to operate them. So we have losing jobs. That is, unfortunately, one level and get paid more for it. That is started some special training programs way mandated, increased wages can be what we are talking about here. There in my state so people can work in some paid for. For every businessman I know are a lot of people who start at min- of the mines. One might say, Oh, I do this would be the least preferable way imum wage jobs. If they pay attention not want to be in a mine. Mines are to meet increased cost, but it is cer- to the job, I bet they are not at the dirty and unsafe places. I want every- minimum wage, for most of them, for tainly one of the possibilities. one to take a look at the record be- more than a month, and then they get Another possibility is that they can cause there are rules with which they promoted. They get a pay raise, a real raise their prices. This almost cer- have to comply. tainly will happen. Essentially, if we pay raise because they did not force I once had a fellow from Japan, who the price up, they increased their pro- raise most of the wages in the country, worked for a newspaper, who was fas- ductivity. we are also going to raise most of the cinated that I did not do national I mentioned this morning that there prices in the country just to cover the is a fellow in Cheyenne, WY, who owns media, I guess, and he wondered if he increase in the wage. If what I buy in- eight McDonald’s. Some people try to could follow me for a day. I said he creases in cost, did I get a raise? Not suggest that working in food service is could follow me for a day if he came to really. So we can create these phony, a bad job, and we kind of run them Wyoming and followed me for a day. feel-good pay increases, but if they do down. We should never run down any His paper let him do that. I also invited not increase buying power, they do not job that people do with their hands. him to visit a mine. do anything. If you are like that small business- He came, and we did one of our nor- What is another way that increases man—and I contend most small busi- mal weekend things my wife and I do in the minimum wage can be for ? I nessmen are that way—not trying to in Wyoming. We go back to Wyoming certainly don’t like either of the two take advantage of their employees, but most weekends and we travel a dif- options I just noted. Another way to trying to help their employees, these ferent part of Wyoming. We hit all the pay for wage increases is to have more employees can go through a program towns, no matter what size. On that productivity. We had one chart that and get not only a lot of increases in particular trip, we went to Wright, WY, showed that productivity has gone up. position, but they can actually own a Midwest, Edgerton, Kaycee, and Buf- Some of those productivity gains have McDonald’s—that’s right, own it. The falo, and we held town meetings. I met arisen partly because we have mecha- McDonald’s owner I referred to this with schoolkids and businessmen in nized more. Unfortunately such pro- morning has had three employees who those places. ductivity gains do not employ more started at minimum wage and who I remember the first town that we people. It switches the way products today own 20 McDonald’s. That is the were in. I think I got to talk to 115 kids are made and drives up productivity achievement of the American dream. at the school. I talked to about 30 busi- per person. But increases in produc- They did not achieve what they did nessmen. I had about 40 people show up tivity will help keep people around at because of the minimum wage. They for a town meeting. higher wages. achieved this success and advancement He said: You do not get to meet with The employees who are out there and because they increased their skill many people. are being creative and are looking at level. That is the key. We have pro- I said: Take a look at the little bro- their job and saying: ‘‘There has to be grams that help people increase their chure I gave you that outlined where a better way of doing this’’, and are skill level. I would be willing to bet we were going today and what the pop- coming up with improved ways of doing that the Federal programs to increase ulations were. business usually get rewarded. They skill level are minimal compared to He said: My goodness, you got to talk get more money. the business efforts to increase the to 90 percent of the people. I remember when I was going to col- skill level of their employees. That is I said: What size building would that lege, I was taking a course in Fortran. how employers increase and improve take in Tokyo? One of my friends worked at the May D their business. They help their employ- One advantage of being in Wyoming & F Company. He did some inventory ees. They do not beat up on their emis we get to talk to most of the citi- work for them. This is in the old days ployees. They help their employees. zens. when you had to write your program The smaller the business, I am will- The next day, I did not go with him, out by hand and then take it to a card ing to bet, the more they help their but he went to one of our coal mines. punch operator. They punched the employees. That is what we are talking We have 14 coal mines in Campbell cards for you, and then you would go about here—helping the employees, County. I hope people will come out over the huge mainframe, and run helping them get higher skill levels. and take a look at them. If you are

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23183 using electricity, there is a good body with this huge piece of equip- make. I am hoping they make good de- chance that you are using electricity ment. cisions. I am hoping they get into from the coal mined in Campbell Coun- We have some of those mines that science and math and work those skills ty, WY. It supplies a third of the coal have gone 2, 3, 4 years without a lost- through and make some good decisions in the Nation because it is considered time accident. No lost-time accident, as they get into high school to learn clean coal. It does not have a lot of the let alone a death. How safe is that? where their talents lie. chemicals in it. We send some to West Safer than most of the businesses in I have had a person on my staff ever Virginia. We send some to Kentucky. the United States. since I got here. Her name is Katherine We send it to most States. In those Like I say, this equipment is de- McGuire. She used to be my legislative States, they mix it with their coal, and signed so that it is easy to operate, it director. Now she directs a committee they meet the clean air standards. is air-conditioned. The person is inside I am on. Her college degree was in agri- That is one of the reasons we mine so the whole day. And they are having culture. Her parents did not have a much coal. trouble getting employees at $50,000, ranch, so I was not sure about that. He went through the mine, took a $60,000, $70,000, $80,000 a year. Then she went on to get a master’s de- look at it, and looked at their safety We have a special training center in gree in agricultural economics. I asked record. I was very pleased when I saw Casper, WY, for people who want to her how that happened. She said: I got what he had written, which was that he work in the oil industry. They will some really good advice when I was believed Wyoming had participatory take completely untrained people and early in high school from a teacher democracy. Most States cannot do that train them to work in the oil fields and who said, Every one of you kids ought because of the bigger populations. On have 100 percent placement on the peo- to have something you can do with the coal mining, he said he expected it ple who graduate from there. Again, your hands because you can always fall to be dirty and unsafe. He found that it the only catch is a clean drug record, back on that. She took that advice. was clean and safe. they must be able to pass a drug test. She looked at the agricultural field. Now, here is the real telling part of It is a good living. She got a degree in that, and then she this story. The next year, he brought I am making the point that skills are got an agricultural economics degree. his family to Wyoming. In Wyoming, important. If one does not have the She still has that fallback position. It we have Yellowstone Park, the Grand skills, there are ways to get the skills. is important for kids in the country to Tetons National Park. We have the The only people who are poor are the be thinking about things like that. first national forest. We have the first people who do not have hope. Now, that There is not any job in the United national monument, Devil’s Tower. He is a quote from ‘‘The World Is Flat’’ by States that is not needed. Some of the brought his family to see the little Thomas Friedman. The only people ones that are hands-on are going to be towns he had visited and how far apart who are poor are the people who do not the most needed. The way the economy they were. He brought them to a coal have hope. In the United States, every- should work, those should be some of mine because he was impressed. one should have hope. Everyone should the highest paid. So come out and work in our coal be able to find some way to increase I am reminded of a fellow who came mines. You can make $50,000 $60,000, their skill level and get a better job. to solve a little problem in a house $70,000, $80,000 a year. When I make those trips around Wyo- where they were having a pipe leak. He For women, that would probably be a ming, I go to a lot of schools. I talk to climbed under the sink and worked for nontraditional job, but there are a lot a lot of kids. They are making choices about 5 minutes and had it fixed. of women working in the mines. One of down in first and second grade about When he got ready to leave, he said: the reasons they can is because it is all what is going to happen to their em- That will be $75. huge heavy equipment that has all ployment capability. I am very pleased The owner of the home said: Seventy- kinds of things on it that are ergo- with the Wyoming kids. I believe they five dollars? You only worked on that nomic and that make it easy to oper- do an outstanding job. I have had an for 5 minutes. ate. A woman can drive a coal truck opportunity to work with some of the He said: Actually, for my time, I only that I guess two of these trucks might kids in the District. The first year I charged you a nickel. The rest of that fit in this chamber, but I doubt it. The was here, the school board learned is for the knowledge I had of how to wheels on those things are about 18 when the first day of school opened change that pipe. feet tall, which means they are 18 feet that the roofs leaked. I do not think So knowledge is worth something. in diameter. It might fit in the room that was a good time for the school Skills are worth something. Skills are this way. It is huge equipment. One board to figure that out, but that is the way one gets higher wages. We can would be fascinated to see it. Women what happened. They decided that impose any kind of a minimum wage, drive those, and they make the same since the high school students did not and what we do is drive up wages so wage as men. Of course, that is a Fed- have anyplace to go to school, that that there has to be more money to eral law, and it ought to be. That helps maybe we could take them as interns cover that wage, which will probably to get rid of some of those disparities on the Hill. come from higher prices, which wipe we have between what women make I agreed to take some. The first out the benefit of the wage. and men make. Sometimes it is taking young lady I talked to, I said: What do Another argument that has been nontraditional jobs like that. These are you want to be? She said: I want to be made, which I will refute, is that this good-paying jobs. a doctor. I was pleased. This is a ninth amendment is taking away overtime. They used to be able to put out an grader. She has her goal set on being a There is no overtime taken away in application and then select from those doctor. I found out later that day that this. We have flextime in it. Again, I people who had experience on that kind she could not read. Now, what does one want to repeat, that is the same ben- of heavy equipment. They could select think the chances are of a ninth grader efit the Federal Government employees the best operator for that piece of ever being a doctor if they can’t read? get, and we are just extending exactly equipment. The world is changing. It is not going to happen probably. the same thing to private employees. If There are fewer people out there to Well, instead of her working in my of- there is anybody in this place who take those jobs, so they now will train fice, I sent her to a literacy class. thinks we are taking away from over- someone to run this heavy equipment When we finished the internship, I of- time, we should not have given the with no experience. fered to pay her to go to the literacy Federal employees that disadvantage. There is one little catch for some class. She never showed up. So I am Of course it is not a disadvantage. people, and that is that they have to pretty sure she is not a doctor any- They do not get overtime taken away have a clean drug record. They have to where. from them. They get to rearrange their be able to pass a drug test because they Kids are making choices about what schedule so that it helps them in times do not want people running over some- they can do with the decisions they they want to take off.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23184 CONGRESSIONAL RECORD—SENATE October 19, 2005 It does have to be done in conjunc- chairman. This is very important. The spotless record and the employer im- tion with the employer. The employee Senate at that time had a majority of mediately corrects the unintentional and the employer have to agree. Right Democrats, so the Small Business Com- mistake. Even the best intentioned em- now, even if the employee and the em- mittee chairman was a Democrat. That ployer can get caught in the myriad of ployer agree, in the private sector, it is chairman was Dale Bumpers, who was burdensome paperwork requirements illegal. In the public sector, it is fine. in the Senate when I got here. imposed on them by the Federal Gov- So why would we object to extending The same thing was cosponsored over ernment. The owners of small busi- to those small businessmen and par- the years by Senator REID of Nevada, nesses are not asking to be excused ticularly the people who work for them Senator HARKIN of Iowa, Senator from any obligations or regulations— the same opportunity a Federal em- PRYOR of Arkansas, Senator MIKULSKI although they would probably like for ployee has? of Maryland, Senator BAUCUS of Mon- us to do that, and it wouldn’t hurt for That covers a few of the misconcep- tana, and Senator KOHL of Wisconsin. us to have a commission that would re- tions that I think we got from listen- There were many others, too. All view all those things and see if any- ing to the last hour and a half of rhet- that I named were the Democrats who body actually uses the paperwork that oric about this issue. I am kind of sur- thought that these technical correc- is required. prised that they have not adopted this tions could be useful to small business. One of the forms I used to get to amendment and taken credit with the So I hope those Senators who are still work on was an annual OSHA report. small business community for helping here would vote for that. Annually, they had to fill out a form out small businesses while they get the As those Senators can attest, the De- that showed what accidents had oc- $1.10 increase in minimum wage that partment of Labor disregarded the will curred—lost-time accidents—and they both of us are talking about. Both bills of Congress and interpreted the exist- had to post that in the break room and have the $1.10, the same amount of ing small business threshold to have they had to file it with the Federal raise, the same time period. So all we little or no meaning. The Department Government. are talking about is whether, in addi- is misreading the clear language of the Any time you have an accident or a tion to giving small businesses help, we statute. This amendment corrects the near miss, it is good to sit down and also help the small businesses to be problem by stating clearly that the talk to your employees about it, have able to afford it, be able to put some wage and overtime provisions of the them sit down and figure out how it cushion in there so they can pay this Fair Labor Standards Act apply to em- could have been avoided. That will save increase in the minimum wage and the ployees working for enterprises en- accidents and lives. It isn’t the paper- increase that will go to all of their gaged in commerce or engaged in pro- work that saves the accidents and other employees because one does not duction of goods for commerce. lives, it is actually talking about it, just raise the bottom wage; it forces My amendment also applies these timely talking about it, not a report the next tier up to get a raise and the wage-and-hour worker safeguards to that is filled out at the end of the year tier above that to get a raise. So vir- homework situations. That is very im- and stuck up on the bulletin board tually everybody is getting a raise. I portant. where people may or may not read it. know I always had to do that when I The second thing it does is ensure Incidentally, I hope everybody will was in business. I do not know of any procedural fairness for small business. take a look at that form because it is other employer who is not faced with That is just commonsense, good Gov- not that readable. It is not that useful. the same situation. So we are not just ernment legislation. Surely, we can all It could be a lot more useful. It actu- talking about that minimum wage agree that small business owners, the ally could help prevent accidents. It earner, we are talking about many individuals who do the most to drive doesn’t. more people. the economy forward, deserve a break It gets sent to the Federal Govern- Let me run through the six basic the first time they make an honest pa- ment. What do you think happens to things we are providing. The first one perwork mistake; a first-time, honest, that form? Nothing useful. There could is updating the small business exemp- paperwork mistake, where no one is be a good use for it. We actually could tion. Small business generates 70 per- hurt and the mistake is corrected. compile that and find out, in the dif- cent of new jobs. Right now, the small That is very limited. ferent industries, what sorts of things business exemption covers businesses The paperwork small businesses face were happening and share that with that gross less than half a million dol- is certainly not limited. Paperwork is those industries. We do not do that. lars. When was that law put into ef- practically unlimited for a small busi- That is a wasted piece of paper. But if fect? It was in 1960. There has been no nessman. But this amendment is very you do not send it the first year you update or change since that time. Has limited. Small business owners have are in business and you have been there been any inflation during that told me over and over again how hard working like crazy to meet payroll and amount of time? I think so. In fact, if they try to comply with all the rules January 31 comes around and it is we were doing the adjustment accord- and regulations imposed on them, about the third of February and some- ing to wages, that would be over $1.5 mostly by the Federal Government. As body says, Did you send in that OSHA million—not half a million but $1.5 a former owner of a small business, I report? Actually, I think that one goes million. So what did I do? I com- know what they mean. Because I did the end of February, so it is the 1st or promised on that one. I should have accounting for small businesses, I 2nd of March. They say, Did you send gone for the whole $1.5 million. If I know what they mean. I filled out a lot that in? hadn’t thought the other side of the of that paperwork. I want you to know Oh, no, I didn’t. aisle was going to be upset over adjust- I got it right. I didn’t have any first- He can be fined for that, even though ing to inflation, I would have gone the time violations. But that is because I on the 4th of March he fills out the pa- whole $1.5 million, but I did not. I tried was supposed to know about the kind perwork, posts it in the break room to be reasonable on this one. I went in of paperwork that I was doing, and I and sends it in and has, during this between the two. Like I say, it has was being paid for taking care of that. whole year, been recording all of the been awhile since we readjusted that It is one way a small businessman can accidents in a readable form, talking threshold and the economy has under- have a specialist—they can hire an ac- to his employees about it, and solving gone some dramatic shifts and the way countant to do some of the paperwork the problem. work has been done in this country has for them. But for the most part, they Why should he be fined for that? No- changed forever. do their own paperwork. body is going to use it. But that is the My amendment also incorporates Yet for all that work, a Government kind of paperwork violations we are some bipartisan technical corrections inspector can fine a small business talking about. Remember, it is a Gov- that were originally proposed in 1990 by owner for paperwork violations alone, ernment inspector fining a small busi- the then Small Business Committee even if the business has a completely ness owner for paperwork violations

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23185 alone—paperwork violations alone, not cific revisions that the Government sense, simple things they suggest that the oilspills that you heard about ear- Accountability Office has suggested to would achieve the same Federal prin- lier. That would not be a paperwork improve the clarity of the Compliance ciple in a less complicated, straight- violation. That would be a most defi- Guides. forward way. Often, the problem arises nite violation, outside of paperwork. The Government Accountability Of- because we don’t talk about the issue So they have to have a paperwork vio- fice suggested that we should clarify with the people who are actually doing lation alone and the business has to the requirements; not change them, the work out there. There are a lot of have a completely spotless record and clarify them. It would force the Fed- people out there doing a good job, the employer has to immediately cor- eral agencies to take into consider- working hard, and trying to figure out rect the unintentional mistake. ation the ways that they are harming what in the heck it is we did in Wash- Surely we ought to be able to give small business by placing non-com- ington. This is one small place where small business owners who are trying monsense, confusing rules and regula- they are supposed to have input. We their best a break on mistakes that tions on them. It is a chance for the said: ‘‘You are supposed to get input.’’ don’t hurt anyone. Even the best inten- small businessman to say: If you im- Actually, I would like for them to say tioned employer can get caught in that pose that, I don’t see where it goes not only that you get input, but that myriad of paperwork requirements. anywhere. I don’t see where it does the Federal Government has to listen They are not asking to be excused. anything. Why would you impose that as well. That should be the goal. What they are asking for is a break, if on me? Let me move on to another one of the six small things that my amendment they have previously complied, they It is an opportunity for small businesses to respond when the Federal calls for. didn’t hurt anybody, have a completely My amendment seeks removal of the Government is about to change the spotless record, and they correct for barriers to flexible time arrangements way they do their business. And it is a the unintentional mistake. in the workplace. I have covered this a law that we passed. Congress said: You One small businessman who I had couple of times. I need to cover it a have to do this. You cannot affect testify before my committee a few couple more times because obviously years ago when I was working on some small businesses without listening to the other side of the aisle doesn’t un- of the OSHA things and I was a sub- them. derstand what I am talking about yet. committee chairman of the Workforce I ought to rephrase that. You can’t I will try it yet a different way. Safety and Training Subcommittee of affect small business unless you What we are talking about is legisla- this same committee, he told Congress: present them an opportunity to speak. tion that could have a monumental im- No matter how hard you try to make your There is no requirement that the Fed- pact on the lives of thousands of work- business safe for your employees, customers, eral Government listen. No matter ing men and women and families in neighbors and family members, in the end, if what the small businessman says, the America. The legislation would give a Government inspector wants you they can agency that is affecting small business employees greater flexibility in meet- get you. The Government cannot tell me does not have to listen. They have to ing and balancing the demands of that they care more for my family’s safety accept the comments. But, currently, working families. The demand for fam- and my company’s reputation than I do. that law is not clear enough that they ily time is evident. Let me share with Small businessmen and women who even accept the comments. you some of the latest statistics: Sev- are the first-time violators of paper- I have seen some documents that enty percent of employees do not think work regulations that don’t hurt any- small business people have sent in to there is a healthy balance between one deserve a break. the Federal Government about a prob- their work and their personal life. Sev- Let’s talk about providing some reg- lem with a law or regulation that they enty percent of employees say the fam- ulatory relief for small business. You were trying to comply with. The re- ily is their most important priority. can see these are not costly things I sponse they got was, ‘‘No response nec- The family time provision in my am talking about here. They should essary.’’ amendment addresses these concerns not be controversial. They are pretty I have no idea why ‘‘no response nec- head on. It gives the employee the op- common sense. I think we could sit essary’’ is a response. That doesn’t an- tion of flexing their schedules over a 2- down and draft a bill and probably swer the question. Of course one of our week period. In other words, employees agree on a lot of this still if we had not problems is one-size-fits-all Govern- would have 10 flexible hours they could polarized ourselves on the floor of the ment. We think we can sit in Wash- work in 1 week in order to take 10 Senate first. It is one of the worst ington and figure out a rule that will hours off in the next week. things we do, polarize things instead of apply to the whole country and to Flexible work arrangements have work them out. If we try to work them every kind of a business out there and long been available for employees of out, we can probably come to agree- every kind of a job that is out there. the Federal Government. Government ment on 80 percent of the issues. That That is egotism at its highest, I think. employees have been able to do this for is usually what we can do when we The businesses that are out there have two decades, and no one has said: ‘‘You work things out together. constructive comments to offer about took away the overtime right of Fed- The third thing my amendment ways to do things better. But you know eral employees’’. would do is provide regulatory relief what? We don’t let them contribute. The flex time program was so suc- for small businesses. Any increase in We vote on a lot of legislation that cessful that in 1994 President Clinton the minimum wage places burdens on affects small businesses, and it is only issued an Executive Order extending it small employers. It is only fair that we right that they have some opportunity to the parts of the Federal Government simultaneously address the ongoing to express their thoughts on how that that had not yet had the benefit for the problem of agencies not fully com- is going to affect them and in many program. That wasn’t a Republican plying with the congressional directive cases to suggest a better idea. idea then. It might have been in the be- that is contained within the Small One of the reasons I go back to Wyo- ginning. But none of these things mat- Business Regulatory Enforcement ming most weekends is so that I can go ter whether they are Republican ideas Fairness Act. Under the law, agencies around and talk to those people who or Democratic ideas. are required to publish Small Entity are doing real jobs. Often, when I talk It was a Democratic President who Compliance Guides for those rules that to them, they say: ‘‘I have got this lit- extended that benefit to all of the Fed- require a regulatory flexibility anal- tle Federal requirement that I have to eral Government and said: ysis. Unfortunately, agencies have ei- meet and I don’t understand it.’’ Often, Broad use of the flexible arrangement enables Federal employees to better balance ther ignored this requirement or, when I don’t understand it either. But what their work and family responsibilities and they try to comply, they have not done I like to say is: ‘‘What do you think we increase employee effectiveness and job sat- so fully or carefully. My amendment ought to do about that?’’ By golly, you isfaction while decreasing turnover rates and addresses this lapse by including spe- wouldn’t believe some of the common- absenteeism.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23186 CONGRESSIONAL RECORD—SENATE October 19, 2005 That sounds pretty good to me. How- has 18 minutes; the Senator from Mas- mitigate the small business impact of a ever, while employees in the Federal sachusetts has 6 minutes. $1.10 increase in the minimum wage. Government have these rights, employ- Mr. ENZI. Thank you. I still have These steps are a partial way in ees working for a small company in two provisions that I need to run which the cost of a minimum wage in- Wyoming don’t have the same rights. through, and I wanted to make sure I crease can be addressed. They will help They may be married to somebody in got underway on that before my time the businesses that must absorb these the Federal Government who has these expires. increased costs. I share the view of rights and can rearrange their schedule The fifth provision in my amendment many of my colleagues regarding such to do things. But the spouse in the pri- is extending the restaurant employee an increase on the Federal level. We vate sector and the employer in the tip credit. The food service industry re- must do our best to soften the blow. private sector are not allowed to make lies on what is called a tip credit, This may be the best means to that a similar arrangement. That shouldn’t which allows an employer to apply a end. ever happen in America. For years, portion of an employee’s tip income— I would also encourage all of my col- Federal government employees have income they are getting on the job— leagues to look at the true root of the had these rights—rights that were ex- against the employer’s obligation to problem of minimum wage workers, tended by a Democrat President of the pay the minimum wage. and that is minimum skills. We all United States who noted: These ar- To protect the tipped employees, cur- share the same goal—I don’t think any- rangements work, reduce turnover, and rent law requires that a tip credit can- body can deny that—and that is to help reduce absenteeism. How can you pro- not reduce an employee’s wages below American workers find and keep well- vide these rights to Federal employees the required minimum wage. Employ- paying jobs. I am even going beyond and not allow other people the very ees report tips to the employer because that. I hope they get to own their own same right? the employer has to report it. Tips that businesses. We must, however, realize I have heard some arguments that are earned are reported. that minimum skills—not minimum with flexible time arrangements em- We have a few States that do not wages—is the problem. Education and ployees in the private sector would be allow a tip credit. Increases in the Fed- training will solve that problem and forced to do things such as work on a eral minimum wage would require lead to the kind of increased wages and weekend. That is not correct. The bill raises for all affected employees in all better jobs we all want to create for specifically prohibits any coercion in States. Lack of a tip credit in some the Nation’s workers. making these flex time agreements. It States could result in employers hav- Let us work together to get that has to be a mutual agreement between ing to give raises to what are often are Workforce Investment Act passed, and the employee and the employer. their most highly compensated em- go to conference. We didn’t get that Unlike the Federal Government, ployees—the tipped staff. As a result done 2 years ago. Without the con- there are businesses out there that do the nontipped employees are nega- ference, those 900,000 people a year that work on weekends. There are people tively impacted by the mandated flow could be getting paid a higher amount out there who would like to be able to of scarce labor dollars to the tip posi- are not. We need to get it passed and shift their schedule one week to the tions. In addition, the employers in get it conferenced. We need to get the next without losing their pay, without these States are put at a competitive President to sign it, and as a result, having to take a day off, and they are disadvantage with their colleagues and higher skills and training will be accel- willing to do that by working a little the rest of the country that can allo- erated, and wages in this country will bit more in one week and a little less cate employee compensation in a more go up. in the next week and having the funds equitable manner. I urge my colleagues to oppose the they anticipated, similar to Federal I must also note that my amendment amendment offered by Senator KEN- employees. clarifies that the tip credit provision NEDY and support my amendment that I don’t understand how we can say does not apply all parts of a State wage raises the wage by the same amount, that is wrong. law. That argument that was used the but then has additional provisions, I couldn’t agree more with former last time the tip credit was brought up. that provides small business benefits President Clinton. I did not agree with That is clarified in this amendment. and soften the impact of the increases him a lot, but that is one of the things That should not be an argument any- on the businesses that will have to pay he had right. Now we need to go further more. The tip credit provision applies them. If you are interested in small and extend this privilege to the private only in States that do not have a tip business, you need to support my sector workers. credit; and, only to the minimum wage amendment. We know this legislation is not a portion of that State’s overall wage I yield the floor. I reserve the re- total solution. We know there are hour law. mainder of my time. many other provisions under this 65- The sixth and final provision in my The PRESIDING OFFICER. The Sen- year-old Fair Labor Standards Act that amendment is one which provides ator from Massachusetts. need our attention. But the flexible small business tax relief. As I noted be- Mr. KENNEDY. Mr. President, I un- time provision is an important part of fore, some of the people who pay the derstand we have 8 minutes. the solution. It gives employees a most taxes in the United States are The PRESIDING OFFICER. Six min- choice, the same choice as Federal small business owners. Even the money utes. workers. If we are going to keep that that business owners put back into the Mr. KENNEDY. I will use 3 minutes from applying to the private sector, business to reinvest has to have the now. maybe we ought to take that away taxes paid on it. That is at the highest I have listened to my good friend from the Federal employees so they tax rate in the country. If we are going talk about the fact that Government can get their full rights. to impose even greater burdens on workers have some flextime and small Does anyone on the other side of the small businesses, we should give them businesses don’t. Of course, the prin- aisle really want to do that? Do you some tax relief at the same time. cipal answer is that many of the Gov- want to see a revolution? It is the kind My amendment would extend small ernment employees have protections. of revolution that small business em- business expensing. It would simplify They have the Federation of Govern- ployees may soon provide as well, as cash accounting methods that make it ment Employees, they have the Treas- they become aware that they have been a little easier for them to do their ac- ury Employees Union. AFSCME pro- denied this benefit. counting, and it would provide res- tects a great number of them. They Mr. President, what is the remaining taurant depreciation relief. have different collective bargaining time? All of these tax provisions are fully benefits. Their interests can be pro- The PRESIDING OFFICER (Mr. offset. In total, the additional provi- tected. That is completely different COBURN). The Senator from Wyoming sions of my amendment are intended to from the current situation.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23187 Second, the Senator from Wyoming some god policy initiatives that de- requirements imposed on small busi- points out the pressures on small busi- serve bipartisan support will never ness by the Federal Government. This ness. have support from the other side. That is commonsense protection for small Look at this. States with higher min- would be a tragedy. businesses from the otherwise imum wages have more jobs in small When the opposition says that my ‘‘gotcha’’ mentality of Government in- businesses. This is the Commerce De- amendment does not have a minimum spectors and only applies to businesses partment. This isn’t just general rhet- wage increase, I wonder what bill he is with spotless records who immediately oric. This is the Commerce Depart- looking at. My bill has a $1.10 increase correct the unintentional mistakes. My ment. From 1998 to 2001, 10 States and over the same period of time as his, al- amendment also gives small businesses Washington, DC, with minimum wages though I think he is going to make a regulatory relief by increasing federal higher than $5.15, had an employment small change to his bill because there agencies compliance, review, and en- rate of 4.8 percent. In the 40 States is a slight paperwork problem—but forcement of the Small Business Regu- with minimum wage at $5.15, it was 3.3 since it is the first-time paperwork latory Enforcement Fairness Act. It re- percent. problem it probably ought to be for- quires better compliance assistance for This is the answer. We have seen it given, just like my proposal would for- small businesses. Federal Government with the employment growth, that is, give small business first-time paper- officials have given too often short with the small businesses, which re- work errors. shrift to the existing requirement to sponds to the Senator’s point with re- What we are talking about is six pro- solicit public compliance guidelines. gard to small business. States with visions that soften the blow of the in- The Republican package includes spe- higher minimum wages add more retail creased mandate on small businesses. cific provisions that the Government jobs. Employment growth between Jan- First, permit family flextime for work- Accounting Office suggested to im- uary 1998 to 2004: 11 States and Wash- ers. Employees have the option of prove the clarity of these require- ington, DC, with minimum wages high- flexing their schedules over a 2-week ments. er than $5.15, a growth of 6.1 percent; 39 period so they can work more hours 1 Another provision of my amendment States with $5.15, 1.9 percent. week and take hours off the next. The relates to the minimum wage tip credit The fact is we are talking about fair- argument we have heard is that we are for restaurant workers. This is so the ness. We had a wonderful exposition. I cutting overtime pay. restaurant can be sure all employees am always delighted to hear from my If flextime is a pay cut, then Senator are being treated fairly, not just the friend from Wyoming. I always value it KENNEDY and many of the Senate high tip employees. and I always learn something. But I Democrats have voted to inflict pay We also have small business tax re- didn’t learn much about the minimum cuts on workers. If flextime is wrong, lief in the form of simplified cash ac- wage today. We are talking about the then so was former President Clinton counting methods for small businesses. fact that every other time we have had in 1994 when he extended it to all Fed- It will mean they do not have to see ac- a successful increase in the minimum eral employees because it increased ef- countants as often. As an accountant, I wage, we have expanded the coverage, fectiveness and job satisfaction and de- think that is a good idea. except with the proposal we will have creased turnover rates and absentee- It gives quicker depreciation for res- on the floor of the Senate this after- ism, the same thing it will do in the taurants, who are a major employer for noon with the Enzi proposal, which will private sector. Why cannot somebody low skilled workers, and all of the tax actually reduce the total numbers of married to a Federal employee have provisions are fully offset. people who are covered. the same advantage the Federal em- The very modest tax cuts were tar- Let’s get back to what this issue is ployee has? geted directly to businesses most like- all about. This issue is about fairness, Second, it would increase small busi- ly to have minimum wage workers. Re- about the fact in 9 years we have not ness exemptions from the Fair Labor member that in spite of the rhetoric, increased the minimum wage. We have Standards Act. We have had, since the this amendment increases the min- increased Members’ salaries in here. I 1960s, the small business exemption has imum wage in the same amount and on didn’t hear those who are opposed to applied to businesses with $500,000 in the same dates that Senator KENNEDY’s our increase in the minimum wage out receipts. This exemption amount has two-page proposal does. The difference here speaking against the increase in lagged behind inflation. The small is that my amendment attempts to Members’ salaries. We have increased business exemption should be at about smooth some of the bumps for those them 8 times for a total of $28,000. We $1.5 million. We are only raising it to $1 employers who will be most adversely have not hesitated to increase our sala- million. affected by the increase. ries, but now we are not going to in- Every Federal labor law has a small These tax benefits will help small crease the minimum wage for working business threshold. To the Civil Rights businesses that employ low-skills men and women who have not seen an Act of 1964, it was 15 employees. For workers survive without drastic cuts in increase in 9 years? the Family and Medical Leave Act, the employment. We are trying to help the The PRESIDING OFFICER. The Sen- threshold is 50 employees. Proponents small business so that they will be able ator has 3 minutes remaining. minimum wage increases assert it is to afford the increase in the minimum Mr. KENNEDY. I withhold my re- necessary to adjust the minimum wage wage. It is not an easy thing to come to maining 3 minutes. to account for inflation. For the same the Senate and ask for a minimum The PRESIDING OFFICER. Who reason, it only makes sense to adjust a wage increase. I am sure Senator KEN- yields time? small business threshold as well. NEDY knows that. He has been working Mr. ENZI. Mr. President, how much The real value adjusted for inflation on it a long time. I appreciate he time do I have remaining? of the small business exemption estab- dropped it back to what the Repub- The PRESIDING OFFICER. The Sen- lished in the 1960s exceeds $1.5 million. licans were asking for earlier and what ator from Wyoming has 12 minutes 30 Senator KENNEDY uses his benchmark we have in my proposal at the present seconds. as the minimum wage rate for the time. Mr. ENZI. Notify me when I have 3 same era. The Republican proposal is I yield the floor and reserve the re- minutes remaining. restrained and reasonable. mainder of my time. The PRESIDING OFFICER. The The third issue is relief for small Mr. KENNEDY. I yield myself the re- Chair will so notify the Senator. business, one-time paperwork errors. maining time. Mr. ENZI. I will go through the GOP Small business people making paper- Mr. President, we have had a good alternatives again. They ought to be work errors would receive an auto- discussion. We did not have a chance to bipartisan alternatives. I am afraid in matic forgiveness for the first mistake go through this excellent book, ‘‘Rais- previous discussions they got polarized in paperwork matters. It applies only ing the Floor,’’ with these heart- in spite of changes to the extent that to routine administrative paperwork rending stories happening in America

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23188 CONGRESSIONAL RECORD—SENATE October 19, 2005 every single day. Their recommenda- ‘‘(1) except as otherwise provided in this vote in relation to the motion to sus- tion? Increasing the minimum wage, section, not less than— pend the rules in relation to the Dor- ending poverty as we know it. It talks ‘‘(A) $5.70 an hour, beginning 6 months gan amendment No. 2078, with no about increasing the minimum wage. after the date of enactment of the Transpor- amendment in order to the amendment I didn’t have the chance to go tation, Treasury, and Housing and Urban De- velopment, the Judiciary, District of Colum- prior to the vote; provided there be 2 through ‘‘Communities in Crisis,’’ the bia and Independent Agencies Appropriations minutes equally divided prior to the excellent survey about the increase in Act, 2006. vote. I further ask that Senator DOR- hunger in the United States of Amer- ‘‘(B) $6.25 an hour, beginning 12 months GAN be recognized for up to 5 minutes ica. The one thing we know how to do after that date. prior to the start of the scheduled in this country is grow crops. The sec- (2) EFFECTIVE DATE.—The amendment votes. ond thing we know how to do is deliver made by paragraph (1) shall take effect 60 The PRESIDING OFFICER. Without them. We know how to deliver product. days after the date of enactment of this Act. objection, it is so ordered. But the explosion in the numbers of Mr. ENZI. I rise to summarize my The Senator has 3 minutes 17 seconds hungry in this country, particularly comments regarding the amendments remaining on his allotted time. among children—there is an increasing and to urge my colleagues to cast a Mr. ENZI. I yield back my remaining number of homeless in our society, in vote against the Kennedy amendment time. all parts of our society. Talk to the and in favor of the minimum wage The PRESIDING OFFICER. The time various church groups about what is amendment I have offered. is yielded back. happening in every part of our Nation. What is before the Senate are two The Senator from North Dakota is This is not going to be the sole an- amendments that raise the minimum recognized for 5 minutes. swer to it, but we have not increased wage by the same amount, $1.10 over 18 AMENDMENT NO. 2078 the minimum wage in 9 years. We have months. The difference between the Mr. DORGAN. I understand my reached out to the Republicans. We bills is that the Kennedy amendment, amendment has been ordered in a have accepted their figure of $1.10 over while raising the minimum wage the 2 years. Our amendment is two pages group of three amendments to be voted same amount as my amendment, fails on. I will take 5 minutes to explain this long. Senator ENZI’s amendment, with to acknowledge that any raise in the all respect, is 87 pages and includes all amendment. minimum wage has some negative con- kinds of things. This amendment deals with the es- We believe this is the time. Fairness sequences on the employers, particu- tablishment of the creation of a com- demands this. The American people un- larly small employers, who must find mittee in the Congress to investigate derstand fairness. We are talking about the means to pay for the increase. The the waste, corruption, and abuse in men and women who work 40 hours a fact is that a negative economic im- contracting in Iraq and also con- week, 52 weeks of the year. These are pact on a small employer will probably tracting, in most cases, sole-source hard-working men and women who result in a negative impact on that contracts, no-bid contracts, by compa- have a sense of pride and dignity in small employer’s employees. This is an nies that have gotten billions of dollars their work. They work hard, they try important aspect. When you give a pay for reconstruction in Iraq, and now for to provide for their children, they work increase, you have to find a way to pay reconstruction on the gulf coast. one, two, or three jobs. We have not infor it. Let me go through some headlines to creased the minimum wage now for 9 My amendment recognizes that re- explain my concerns. In 5 minutes I years. Prior to that time—the 50 years ality and provides some relief for those cannot do much more than headlines, before this—it was bipartisan. Presi- employers. It should be borne in mind but I have held seven hearings on this dent Bush 1 signed an increase in the these employers, particularly small subject now in the Policy Committee. minimum wage, Jerry Ford, President employers, are the source of the vast ‘‘No-bid contracts win Katrina work.’’ Nixon, Dwight Eisenhower, and now we majority of jobs that are held by min- That is the most recent one. ‘‘White have been 9 years without this kind of imum wage workers. We have to con- House uses practices criticized in Iraq increase. tinue to keep these businesses viable rebuilding for hurricane-related jobs.’’ This demands fairness. It demands we and growing as a source of job creation. ‘‘Ex-Halliburton workers allege give hard-working Americans, those at As I said before, I wish for the people rampant waste.’’ ‘‘They say the firm the lower end of the economic ladder, working in those places to be the ones makes no effort to control costs, over- on the first rung of the economic lad- owning the business, and I have shared spending taxpayer money in its con- der, working hard, an increase. some examples of how that happens. tract with the United States in Iraq I remind all of our colleagues of that I ask that everyone bear in mind it is and Kuwait.’’ extraordinary Newsweek cover talking little solace to an individual earning ‘‘Halliburton faces criminal inves- about the other America. It talks minimum wage to learn that the min- tigation.’’ ‘‘Pentagon probing alleged about the problems of hunger, the imum wage is increased but that he or overcharges for Iraq fuel.’’ problems of homelessness, and the she no longer has a job at which she ‘‘Audit questions $1.4 billion in Halli- problems of people being left out and can now earn the higher wage, or that burton bills.’’ left behind. We can make a downpay- it is not worth anything anymore be- I mention Halliburton. It has nothing ment with an increase in the minimum cause inflation took it away. to do with the Vice President. Every- wage. I hope we will do it this after- It is for this reason my amendment one says, Well, you are attacking the noon. contains not only the same increase as Vice President. He used to be president The PRESIDING OFFICER. The Sen- Senator KENNEDY’s amendment but in- of Halliburton, yes, but this is long ator from Wyoming. cludes provisions designed to soften the after he was involved in Halliburton. AMENDMENT NO. 2063, AS FURTHER MODIFIED blow and ensure that those most-af- The fact is this is about contracting Mr. KENNEDY. I have a consent re- fected businesses continue to create abuse. quest for a technical modification. jobs and entry-level, low-skilled em- Let me go through a couple of the The PRESIDING OFFICER. Without ployment opportunities. specific examples: New $85,000 trucks objection, it is so ordered. I urge my colleagues to reject the paid for by the American taxpayers The amendment (No. 2063), as further amendment offered by Senator KEN- abandoned or torched by the side of the modified, is as follows: NEDY and to vote in favor of the more road in Iraq if they have a flat tire or At the appropriate place, insert the fol- balanced and comprehensive approach a plugged fuel pump. A case of Coca- lowing: to the minimum wage which is rep- Cola, $45. SEC. ll. MINIMUM WAGE. (a) INCREASE IN THE MINIMUM WAGE.— resented by my amendment. They had gasoline delivered for twice (1) IN GENERAL.—Section 6(a)(1) of the Fair I ask for a unanimous consent re- the price that the folks who used to do Labor Standards Act of 1938 (29 U.S.C. quest that following the scheduled the work in the Defense Energy Sup- 206(a)(1)) is amended to read as follows: votes at 4:30 the Senate proceed to the port Center said that gasoline could

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23189 have been delivered for. Halliburton storage in Massachusetts. So the tax- And while prices have increased, the charged for 42,000 meals served to sol- payers paid this trucker—and there purchasing power of the current Fed- diers every day, when they were serv- were hundreds of them—$15,000 for eral minimum wage of $5.15 has de- ing 14,000 meals to soldiers. They hauling ice for the relief of hurricane creased by nearly 20 percent. A min- missed it by 28,000—overcharging 28,000 victims in Louisiana, hauling that ice imum wage employee working 40 hours meals a day. from New York to Massachusetts. Once per week can expect to earn $10,712 per There was the loss of $18.6 million again, somebody ought to have their year—this is $4,500 below the poverty worth of Government equipment in head examined. line for a family of three. Iraq that Halliburton was given to My point is, I would like to see a con- Many minimum wage earners are manage. There is also the leasing of gressional committee examine this. struggling to provide for the basic SUVs. Listen to this, the leasing of This amendment would create a special needs of themselves and their families. SUVs for $7,500 a month. They ordered committee. I hope my colleagues will They cannot make ends meet on $10,712 50,000 pounds of nails, and they came in believe, as I do, this waste, fraud, and per year. These are hard-working the wrong size. They are laying in the abuse is intolerable, and we ought to Americans who deserve a fair shake sands of Iraq. It does not matter. The deal with it by investigative com- and who deserve a raise. Many work taxpayer picks up the cost. This is all mittee. more than one job, sacrificing time cost-plus. Mr. President, I yield the floor. with their children just to scrape by. Do you want to buy some hand tow- AMENDMENT NO. 2063, AS FURTHER MODIFIED Without an increase, these workers els for the troops? The Halliburton The PRESIDING OFFICER. There is will continue to work long hours to buyer who was to order the hand towels now 2 minutes equally divided before a support their families with little hope was told by his superiors, ‘‘You have to vote in relation to the amendment of- of saving for the future when they are order hand towels with the company fered by the Senator from Massachu- barely able to afford the basic neces- logo on them,’’ which more than dou- setts. sities of the present. bled the price. It does not matter. The The Senator from Massachusetts. According to a recent report by the taxpayer is picking up the tab for all of Mr. KENNEDY. Mr. President, min- Center on Budget and Policy Priorities this. It is unbelievable waste, fraud, imum wage workers are men and and the Economic Policy Institute, and abuse. women of dignity. They are predomi- ‘‘[t]he minimum wage now equals only Let me show one additional chart. nantly women. They are women with 32 percent of the average wage for pri- This fellow shown in this picture testi- children. So it is a children’s issue, a vate sector, non-supervisory workers. fied at one of our hearings. These are women’s issue. These people who earn This is the lowest share since 1949.’’ In $100 bills, batched together with Saran the minimum wage are men and women other words, the average minimum Wrap. He said: We used to play football of color. It is a civil rights issue. But wage worker makes less than one-third with them. He said it was like the Old most of all, it is a fairness issue. of the average nonsupervisory private West. This is in Iraq. He said: We told Over the period of these last 5 sector worker. people, subcontractors and contractors, months, we have passed class action I am concerned about the argument we pay by cash. Bring a bag. Bring a legislation to provide special help and made by some who oppose this amend- bag. Here is the cash. assistance to many of the largest cor- ment that most minimum wage work- Now, for Hurricane Katrina, no-bid porations in this country. We have ers are entry-level workers in first jobs contracts once again. By the way, the passed bankruptcy legislation to take who will advance their way out of top civilian official at the Army Corps care of the credit card companies. We these jobs and move on to better pay- of Engineers said this: I can unequivo- passed an energy bill that will provide ing jobs. While that is certainly true cally state that the abuse related to enormous bonuses to the oil compa- for some workers, about two-thirds of contracts awarded to Halliburton rep- nies. those who would benefit from this in- resents the most blatant and improper We have an opportunity this after- crease are adults, and one-third of contract abuse I have ever witnessed noon to pass an increase in the min- them are the sole breadwinners for during the course of my professional imum wage for workers who have not their families. career. seen an increase in the minimum wage I was proud to vote for the 1996–1997 Do you know what happened to her? over the last 9 years. This is about fair- increase that brought the minimum She lost her job. Why? For speaking ness. Americans understand it. They wage to its current $5.15, and I am out. You don’t dare say these kinds of have seen it on the cover of their mag- pleased to be a cosponsor of legislation things. azines with Hurricane Katrina. They introduced by the Senator from Massa- I spoke this morning about con- know our fellow Americans need a chusetts, Mr. KENNEDY, that would in- tracting abuse with respect to Hurri- helping hand. This can be enormously crease the minimum wage to $7.25. The canes Katrina and Rita, the contracts helpful to those Americans. Economic Policy Institute notes that down in the Gulf of Mexico. I will not Let’s go ahead and pass it this after- such an increase would directly help go into that again except to say this: noon. more than 7.3 million American work- When the Government and FEMA pay a Mr. FEINGOLD. Mr. President, I rise ers. This increase will also help the truck driver $15,000 to haul ice cubes to lend my strong support to the children and other dependents of these from New York to Massachusetts—yes, amendment offered by the Senator workers potentially more than 15 mil- New York to Massachusetts—where from Massachusetts, Mr. KENNEDY, of lion people. they are now in storage, to provide re- which I am proud to be an original co- Congress’s inaction on this issue over lief to hurricane victims in Louisiana, sponsor. the past several years has led to a somebody ought to have their head ex- It is far past time that we increase growing grass-roots movement to in- amined. the Federal minimum wage. The last crease the minimum wage at the state Oh, the truck did go from New York, time Congress voted to increase the level. A number of States have enacted to Missouri, by mistake. FEMA di- minimum wage was 9 years ago in 1996, increases over the past few years, in- rected them to Missouri. Then they and the last portion of this increase cluding Wisconsin. On June 1, 2005, the said: Oh, we want you to go to Maxwell went into effect 8 years ago, in 1997. minimum wage for most workers in my Air Force Base in Alabama. He took Since that time, consumers have faced State was increased to $5.70 per hour. those ice cubes to Alabama. He sat increased prices for everything from The Wisconsin Department of Work- there for 12 days, with hundreds of food to clothing to housing to force Development estimated that this other trucks with food and clothing childcare. And in recent months, gas increase would help between 100,000– and ice and other things for victims— prices have skyrocketed, and home 150,000 workers in my State. While this he sat there for 12 days—and then they heating costs are expected to follow increase represents a step forward for said: We want you to put this back in suit this winter. Wisconsin workers, more work still

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23190 CONGRESSIONAL RECORD—SENATE October 19, 2005 needs to be done to boost the pur- Since President Bush took office, the The question now occurs on amend- chasing power of these and other work- number of Americans living in poverty ment No. 2063, as further modified, of- ers around our country. has increased by 5.3 million. Today, 37 fered by the Senator from Massachu- The amendment that we are consid- million people live in poverty, includ- setts. ering today would increase the mining 13 million children. The Senator from Missouri is recog- imum wage by $1.10 to $6.25 over the Yet, despite the damage we do to our nized. next 18 months. While this modest in- citizens and to our economy, this body Mr. BOND. Mr. President, I raise a crease will not go as far as I and many has been unwilling to increase the Fed- point of order under section 425(a)(2) of others in this body would in supporting eral minimum wage. We had no prob- the Congressional Budget Act that the the hard-working Americans who badly lem passing a budget that gives tax amendment is an unfunded mandate. need a raise, it is a long-overdue step cuts to millionaires and trillion-dollar Mr. KENNEDY. Mr. President, pursu- in the right direction. companies. Yet we have had tremen- ant to section 904 of the Congressional The amendment offered by the Sen- dous problems ensuring that hard- Budget Act of 1974, I move to waive the ator from Wyoming, Mr. ENZI, would working Americans, Americans who applicable sections of that act for pur- also provide a $1.10 per hour increase in work full time jobs and play by all the poses of the pending amendment, and I the Federal minimum wage. However, rules, won’t have to live below the pov- ask for the yeas and nays. this amendment would also undermine erty line, won’t have to decide between The PRESIDING OFFICER. Is there a low-income workers’ struggle to break educating their children and feeding sufficient second? the cycle of poverty by allowing em- their family, won’t have to chose be- There appears to be a sufficient sec- ployers to deny these workers badly tween heating their home and buying ond. needed overtime pay through a so- prescription drugs. The question is on agreeing to the called flex time scheme. This amend- It is time for us to get our priorities motion. ment, which is a total of 87 pages, also straight. Seven and a half million The clerk will call the roll. includes a number of other incentives workers will directly benefit from a The assistant legislative clerk called for businesses that are intended to minimum wage increase. Raising the the roll. Mr. DURBIN. I announce that the dampen the opposition of business minimum wage to $6.25 an hour would Senator from New Jersey (Mr. CORZINE) groups to even this modest $1.10 in- give minimum wage earners an addi- and the Senator from Hawaii (Mr. crease in the Federal minimum wage. tional $2,288 a year—enough to pay for INOUYE) are necessarily absent. However, what these proposals would a community college degree. Congress really do is continue the process of dis- I further announce that, if present should act now to pass a minimum mantling the 40-hour work week that and voting, the Senator from New Jer- wage increase that makes up for our was initiated with the implementation sey (Mr. CORZINE) would vote ‘‘aye.’’ inexcusable failure to act in the past. I of the administration’s ill-conceived The yeas and nays resulted—yeas 47, support Senator KENNEDY’s amendment overtime rule changes last year. nays 51, as follows: to increase the Federal minimum By the Senator from Wyoming’s, Mr. [Rollcall Vote No. 257 Leg.] wage, and I urge my colleagues to do ENZI, own admission, the committee YEAS—47 which he chairs, the Committee on the same. The PRESIDING OFFICER. The Sen- Akaka Durbin Murray Health, Education, Labor, and Pen- Baucus Feingold ator from Wyoming is recognized. Nelson (FL) sions, has not even considered many of Bayh Feinstein Nelson (NE) these provisions. These provisions Mr. ENZI. Thank you, Mr. President. Biden Harkin Obama Mr. President, I urge my colleagues Bingaman Jeffords Pryor should not be rolled into a proposal to to oppose the Kennedy amendment. Boxer Johnson Reed increase the minimum wage. The need Byrd Kennedy Both amendments have the $1.10 min- Reid to increase the Federal minimum wage Cantwell Kerry Rockefeller Carper Kohl imum wage increase in them. But only Salazar stands on its own merit. And while I Chafee Landrieu my amendment provides for some way Santorum am certainly willing to consider a Clinton Lautenberg Sarbanes package of reforms for business, this is to offset that mandate so that small Conrad Leahy Schumer not the way to do it. Passage of such businesses which employ minimum Dayton Levin wage workers can afford the minimum DeWine Lieberman Specter antiworker proposals should not be a Stabenow wage. Dodd Lincoln condition of providing a much-needed Dorgan Mikulski Wyden My colleague’s amendment will harm wage increase for the lowest income NAYS—51 Americans. small businesses’ economic growth and I urge my colleagues to oppose the job creation. It would raise the cost for Alexander DeMint Martinez small businesses without providing any Allard Dole McCain Enzi amendment and to support Amer- Allen Domenici McConnell ican workers by voting for the Kennedy relief to soften the blow, forcing em- Bennett Ensign Murkowski amendment. ployers to make difficult choices, such Bond Enzi Roberts as raising prices, reducing employee Brownback Frist Sessions Mr. KERRY. Mr. President, I want to Bunning Graham Shelby voice my strong support for an amend- benefits, or terminating employees. Burns Grassley Smith ment offered by Senator KENNEDY to I urge my colleagues to support my Burr Gregg Snowe raise the Federal minimum wage from amendment. My amendment protects Chambliss Hagel Stevens small businesses’ economic growth and Coburn Hatch Sununu its current, astonishingly low, rate of Cochran Hutchison Talent $5.15 an hour to $6.25 an hour. job creation. As I said, they both raise Coleman Inhofe Thomas An increase in the minimum wage is the minimum wage by $1.10, to $6.25, in Collins Isakson Thune long overdue. Today, the real value of two steps of 55 cents over 18 months. Cornyn Kyl Vitter Craig Lott Voinovich the minimum wage is more than $3.00 My amendment recognizes and ad- Crapo Lugar Warner below what it was in 1968—and at the dresses the fact that all minimum wage lowest real rate in half a century. increases have certain costs. My NOT VOTING—2 Since Congress last acted to raise the amendment protects against the nega- Corzine Inouye minimum wage in 1996, its value has tive impact of this wage hike on small The PRESIDING OFFICER. On this eroded by 17 percent. This indifference businesses, the biggest source of job vote there are 47 yeas, the nays are 51. is simply unacceptable. To have the creation. This proposal is responsible Three-fifths of the Senators duly cho- same purchasing power it had in 1968, and reasonable and designed not to dis- sen and sworn not having voted in the the minimum wage would have to be locate or unintentionally harm work- affirmative, the motion is not agreed more than $8.50 an hour. Yet nothing ers. to. The point of order is sustained and has been done, and the consequences of I ask you to support my amendment. the amendment falls. our inaction are very real and very The PRESIDING OFFICER. The Sen- Mr. CORZINE. Mr. President, I rise painful to millions of Americans. ator’s time has expired. today to speak in support of Senator

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KENNEDY’s amendment to increase the But fair wages should not be guaran- able to afford a minimum wage in- Federal minimum wage to $6.25 an teed only to workers in a few States. I crease. hour. I strongly support this amend- support Senator KENNEDY’s amendment The PRESIDING OFFICER. The Sen- ment. Unfortunately, I was delayed in because I believe that all Americans ator from Massachusetts is recognized. arriving in Washington, DC, this after- should be entitled to a decent standard Mr. KENNEDY. Mr. President, if you noon. Had I been here, I would have of living. Unfortunately, neither the are interested in an increase in the voted yes. current minimum wage, nor Senator minimum wage, this is not the way to An increase in the Federal minimum ENZI’s amendment, can relieve the go. We offered an increase in the min- wage is long overdue. problems of low-income families in this imum wage which was two pages. His It has now been over 8 year since the country. amendment is 87 pages, and in that 87 minimum wage was increased to its I support the Kennedy amendment pages includes 3, at least, very impor- current level of $5.15 per hour. Since because it seeks to provide a real-wage tant items that are going to short- that last increase, Congress’s failure to increase to workers that will help them change American workers. adjust the wage for inflation has re- keep up with the rising cost of living in First, it changes the eligibility of duced the purchasing power of the min- our Nation. I strongly oppose the Enzi those who are going to be covered and imum wage to record low levels. In amendment offered by my Republican eliminates 10 million workers who are fact, after accounting for the loss of colleagues, because it is a cruel hoax covered today. real value due to inflation, the pur- on hard-working Americans. Secondly, it eliminates overtime. It chasing power of the minimum wage It is politics over policy, and it is is called flextime, but the decision has not been this low since the wage just plain wrong. whether it is going to be flexible will increase of 1945. All of our hard-working families na- be decided by the employer, and there- When Congress acted to raise the tionwide need and deserve a minimum fore you are going to find that for the minimum wage in 1996, the wage was wage that reflects the increased cost of average worker in this country earning raised from $4.75 to its current $5.15. At living in America. It is the least we can $44,000, $3,000 in overtime will be elimi- the time, this modest increase had real do for people who work hard and make nated. results for American families. The ad- a positive contribution to our great Finally, this legislation effectively justment increased the take-home pay Nation. preempts 31 States that have a tip of nearly 10 million hard-working I strongly support a raise in the min- credit program. On page 21: Any State Americans. But with inflation, the real imum wage for the millions of Ameri- dollar value of that increase is long may not establish or enforce their tip cans who work so hard to support their credit. gone. families. We as Americans can do bet- So that we are clear, raising the min- The PRESIDING OFFICER. The Sen- ter. We must act now. imum wage is a family issue. So often ator’s time has expired. in this body we talk about family AMENDMENT NO. 2115 Mr. KENNEDY. That will disadvan- issues. This is our chance to act. The PRESIDING OFFICER. There tage workers in 31 States. This is the No family gets rich from earning the are now 2 minutes equally divided prior wrong amendment for American work- minimum wage. In fact, the current to a vote in relation to amendment No. ers and it should be defeated. minimum wage does not even lift a 2115 offered by the Senator from Wyo- The PRESIDING OFFICER. The Sen- family out of poverty. A person earning ming. ator’s time has expired. the current minimum wage, working 40 Who seeks recognition? Mr. KENNEDY. Mr. President, I hours a week, 52 weeks a year, earns Mr. ENZI addressed the Chair. make a point of order that the pending only $10,700—nearly $4,000 below the The PRESIDING OFFICER. The Sen- amendment violates section 425 of the poverty line for a family of three. ator from Wyoming is recognized for 1 Congressional Budget Act of 1974. Seven out of every 10 minimum wage minute. Mr. ENZI. Mr. President, I move to workers are adults, and 40 percent of Mr. ENZI. I thank the Chair. waive the applicable section of the minimum wage workers are the sole Mr. KENNEDY. Mr. President, I Budget Act and I ask for the yeas and breadwinners of their families. More- make a point of order. The Senator is nays. over, a disproportionate number of entitled to be heard and I think the The PRESIDING OFFICER. Is there a minimum wage workers are women. Senate is not in order. sufficient second? Sixty percent of minimum wage work- The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- ers are women, and many are single ate will be in order. ond. mothers who must put food on the The Senator from Wyoming. The clerk will call the roll. table, make rent payments, and pro- Mr. ENZI. Mr. President, I ask my The bill clerk called the roll. vide childcare. Increasing the min- colleagues to vote for my amendment, Mr. DURBIN. I announce that the imum wage by a mere $1.10 per hour which raises the minimum wage level Senator from Hawaii (Mr. INOUYE) is would provide tangible help to these by the same amount as the previous necessarily absent. families in the form of groceries, rent, amendment. The reason this amend- The yeas and nays resulted—yeas 42, and the ability to pay rising energy ment deserves your support whereas nays 57, as follows: the last one did not is that my amend- costs. [Rollcall Vote No. 258 Leg.] I am proud that lawmakers in my ment has some small business offsets YEAS—42 State have recognized that the Federal that will actually give them a chance to be able to pay the minimum wage Alexander Domenici Murkowski minimum wage level simply is not ade- Allen Ensign Roberts quate for a decent standard of living in increase without having to lay people Bennett Enzi Santorum high-cost States such as New Jersey. off, without having to accept some Bond Frist Sessions On October 1, the minimum wage in my other alternatives that would be very Brownback Graham Shelby Bunning Grassley Smith State increased to $6.15, and on October detrimental to employees. This amend- Burns Hagel Snowe 1, 2006, it will increase again to $7.15. I ment helps the small business people Cochran Hatch Specter know that this increase will have a that employ minimum wage workers Coleman Hutchison Stevens meaningful effect on people’s lives: it by giving them some tax breaks which Collins Kyl Talent Craig Lugar Thomas means on average 15 months of child are all offset. This amendment also in- Crapo Martinez Thune care; over a year of tuition at a com- cludes five other good policy initia- DeWine McCain Voinovich munity college; 10 months of heat and tives which I have mentioned pre- Dole McConnell Warner electricity; 6 months of groceries; and 5 viously in great detail. NAYS—57 months of rent. It is estimated that the I would ask that you vote for this Akaka Bayh Boxer increase will directly benefit some amendment and provide small busi- Allard Biden Burr 200,000 workers. nesses with the help they need to be Baucus Bingaman Byrd

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23192 CONGRESSIONAL RECORD—SENATE October 19, 2005 Cantwell Gregg Mikulski Appropriations Committee oversight Roberts Snowe Thomas Carper Harkin Murray Santorum Specter Thune Chafee Inhofe Nelson (FL) on much of this, and I believe that Sessions Stevens Vitter Chambliss Isakson Nelson (NE) under the existing structure we have Shelby Sununu Voinovich Clinton Jeffords Obama today, including the excellent leader- Smith Talent Warner Coburn Johnson Pryor ship of our chairman and vice chair- Conrad Kennedy Reed NOT VOTING—2 Cornyn Kerry Reid man of the Homeland Security Com- Burns Inouye Corzine Kohl Rockefeller mittee, that this amendment is not Dayton Landrieu Salazar necessary. The PRESIDING OFFICER. On this DeMint Lautenberg Sarbanes I understand the concern of the Sen- vote, the yeas are 44, the nays are 54. Dodd Leahy Schumer Two-thirds of the Senators voting not Dorgan Levin Stabenow ator from North Dakota. I just do not Durbin Lieberman Sununu believe it is necessary at this time. having voted in the affirmative, the Feingold Lincoln Vitter motion is not agreed to. The point of The PRESIDING OFFICER. The Sen- Feinstein Lott Wyden order is sustained, and the amendment ator from Maine. falls. NOT VOTING—1 Ms. COLLINS. Mr. President, I also Mr. BOND. Mr. President, I move to Inouye point out that there is a special inspec- reconsider the vote. The PRESIDING OFFICER. On this tor general overseeing all of these con- Mrs. MURRAY. I move to lay that vote, the ayes are 42, the nays are 57. tracts. His name is Stuart Bowen. He motion on the table. Three-fifths of the Senators duly cho- does an excellent job. He has been very The motion to lay on the table was sen and sworn not having voted in the aggressive in his audits and investiga- agreed to. affirmative, the motion is rejected. tions. He regularly briefs all Members The PRESIDING OFFICER. The Sen- The point of order is sustained. The who are interested, and he issues a re- ator from Missouri. amendment falls. port every quarter on his findings. So I Mr. BOND. Mr. President, we are The PRESIDING OFFICER. The do believe we have an adequate struc- going to clear a number of amend- Democratic leader is recognized. ture in place, a needed structure to be ments, including the amendment by Mr. REID. Mr. President, on vote No. sure. 257, the Kennedy minimum wage the Senator from Iowa. The ranking The PRESIDING OFFICER. The Sen- member and I were going to clear a amendment, Senator CORZINE was ab- ator’s time has expired. sent because of a plane delay. If he number of amendments and agree to The question is on agreeing to the them one at a time. Did the Senator were present, he would have voted motion to suspend rule XVI, paragraph ‘‘aye’’. have a very brief statement which he 4, for the consideration of amendment wants to make on that or does he want AMENDMENT NO. 2078 No. 2078 offered by the Senator from to speak for a longer time? The PRESIDING OFFICER. There is North Dakota. Mr. HARKIN. Mr. President, I have now 2 minutes equally divided prior to Mr. BOND. I ask for the yeas and about 5 minutes at the most. the vote on the motion to suspend. nays. Who seeks recognition? Mr. BOND. Mr. President, on that as- The PRESIDING OFFICER. Is there a sumption, we will defer to the Senator The Senator from North Dakota. sufficient second? Mr. DORGAN. The motion to suspend from Iowa. There is a sufficient second. is my amendment. It deals with an un- The PRESIDING OFFICER. The Sen- The clerk will call the roll. derlying amendment that would estab- ator from Iowa. lish an investigative committee to deal The assistant legislative clerk called Mr. HARKIN. Mr. President, I thank with waste, fraud, and abuse dealing the roll. the managers of the bill. I have an both with the country of Iraq and the Mr. MCCONNELL. The following Sen- amendment to send to the desk. reconstruction in Iraq, as well as re- ator was necessarily absent: the Sen- The PRESIDING OFFICER. Without construction in Louisiana, Mississippi, ator from Montana (Mr. BURNS). objection, the pending amendment is and in the gulf region following Hurri- Mr. DURBIN. I announce that the set aside. canes Katrina and Rita. Senator from Hawaii (Mr. INOUYE) is AMENDMENT NO. 2076 I will not recite all of the examples necessarily absent. Mr. HARKIN. Mr. President, I send of substantial abuse from sole-source The yeas and nays resulted—yeas 44, an amendment to the desk. contracts, but it is dramatic. I believe nays 54, as follows: The PRESIDING OFFICER. The very strongly, just as Harry Truman [Rollcall Vote No. 259 Leg.] clerk will report. did back in the 1940s in uncovering sub- YEAS—44 The assistant legislative clerk read stantial waste, fraud, and abuse in the Akaka Durbin Mikulski as follows: Department of Defense at a time when Baucus Feingold Murray The Senator from Iowa [Mr. HARKIN] pro- a member of his own party occupied Bayh Feinstein Nelson (FL) poses an amendment numbered 2076. Biden Harkin the White House, I believe this Con- Nelson (NE) Bingaman Jeffords Obama Mr. HARKIN. Mr. President, I ask gress deserves good, strong oversight. Boxer Johnson Pryor unanimous consent that reading of the We will get that with a special com- Byrd Kennedy Reed amendment be dispensed with. Cantwell Kerry Reid mittee looking into this massive waste, Carper Kohl The PRESIDING OFFICER. Without Rockefeller fraud, and abuse. Clinton Landrieu objection, it is so ordered. Salazar I would hope very much my col- Conrad Lautenberg Sarbanes The amendment is as follows: leagues would agree with me. If they Corzine Leahy Dayton Levin Schumer (Purpose: To provide that no funds may be believe we are spending too much, that Dodd Lieberman Stabenow used to provide assistance under section 8 there is waste, fraud, and abuse that we Dorgan Lincoln Wyden of the United States Housing Act of 1937, to ought to get after, they ought to be certain students at institutions of higher NAYS—54 voting for this amendment and vote to education, and for other purposes) Alexander Collins Gregg suspend the rules. Allard Cornyn Hagel At the appropriate place insert the fol- The PRESIDING OFFICER. The Sen- Allen Craig Hatch lowing: ator from Arizona. Bennett Crapo Hutchison SEC. 1ll. (a) No assistance shall be pro- Mr. MCCAIN. Mr. President, I appre- Bond DeMint Inhofe vided under section 8 of the United States Brownback DeWine Isakson Housing Act of 1937 (42 U.S.C. 1437f) to any ciate the concern of my friend from Bunning Dole Kyl North Dakota, who is a vigilant guard- individual who— Burr Domenici Lott (1) is enrolled as a student at an institu- Chafee Ensign Lugar ian of taxpayer dollars. I point out that tion of higher education (as defined under the Armed Services Committee is Chambliss Enzi Martinez Coburn Frist McCain section 102 of the Higher Education Act of doing work literally every day and Cochran Graham McConnell 1965 (20 U.S.C. 1002)); every week on this issue. We also have Coleman Grassley Murkowski (2) is under 24 years of age;

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23193 (3) is not a veteran; past. The problem is still there, in full Mr. BOND. Mr. President, I move to (4) is unmarried; force, well over a year after my first reconsider the vote. (5) does not have a dependent child; and (6) is not otherwise individually eligible, or letter to HUD. The Register’s Lee Rood Mrs. MURRAY. I move to lay that has parents who, individually or jointly, are reported the following: motion on the table. not eligible, to receive assistance under sec- While other students foraged this month The motion to lay on the table was tion 8 of the United States Housing Act of for new apartments, at least three dozen agreed to. 1937 (42 U.S.C. 1437f). Hawkeye athletes—many of whom receive Mr. BOND. Mr. President, I have a (b) For purposes of determining the eligi- $6,560 annually for room and board as well as number of amendments which have bility of a person to receive assistance under free tuition—returned to one of the best low- section 8 of the United States Housing Act of been cleared on both sides. We propose rent housing deals in this notoriously high- to bring them up individually and ask 1937 (42 U.S.C. 1437f), any financial assistance rent city: Pheasant Ridge Apartments. (in excess of amounts received for tuition) for their immediate consideration and that an individual receives under the Higher It is time to solve this problem once a voice vote. Education Act of 1965 (20 U.S.C. 1001 et seq.), and for all. These students are taking I ask unanimous consent to set aside from private sources, or an institution of up housing that is meant for truly any pending amendments in order to higher education (as defined under the High- needy people—people who typically offer those amendments. er Education Act of 1965 (20 U.S.C. 1002), shall have to wait 2 years for housing assist- The PRESIDING OFFICER. Without be considered income to that individual. ance, despite the fact that they may objection, it is so ordered. (c) Not later than 30 days after the date of have the means to pay rent. enactment of this Act, the Secretary of AMENDMENT NO. 2070 My amendment would simply require Housing and Urban Development shall issue Mr. BOND. First, I call up amend- students’ parental income to be consid- final regulations to carry out the provisions ment 2070 on behalf of Senator COLLINS. ered in determining their eligibility of this section. This amendment would repeal the in- unless they are independent students Mr. HARKIN. Mr. President, in June creased limit on the micropurchase under the same qualifications that the of 2004, an article appeared in the Des threshold on Government credit cards. Department of Education uses in their Moines Register outlining serious sys- The PRESIDING OFFICER. The Free Application for Student Financial temic abuses of the section 8 program clerk will report. Aid. That is to say, students’ parental by a number of wealthy athletes at the The assistant legislative clerk read income would count against them un- University of Iowa. For example, Brian as follows: Ferentz, a Hawkeye football player, less they are over age 24, married, have kids, or are veterans. Further, it would The Senator from Missouri [Mr. BOND], for was found to be living in subsidized Ms. COLLINS, Mr. LIEBERMAN, Mr. AKAKA, Mr. housing despite the fact that his fa- require a student’s scholarship above WARNER, Mr. LEVIN, Mr. COLEMAN, Mr. DOR- ther, Kirk Ferentz, lives in a million- the cost of tuition to be counted as in- GAN, and Mr. WYDEN, proposes an amend- dollar mansion in the same town and is come. ment numbered 2070. paid $2 million a year to coach his Clearly, students who are truly needy Mr. BOND. Mr. President, I ask unan- team. To add insult to injury, Brian’s should have access to section 8. Help imous consent that reading of the scholarship actually included a $700- with housing often makes the dif- amendment be dispensed with. per-month stipend for housing, yet he ference between being able to get an The PRESIDING OFFICER. Without was living in section 8 housing. education and not being able to make objection, it is so ordered. After reading about this abuse, I im- ends meet. However, kids whose par- The amendment is as follows: mediately wrote to the Secretary of ents have the means to help them (Purpose: To repeal the increased Housing and Urban Development, urg- should not be living in this housing. micropurchase threshold) ing him to close this loophole, which And if they are getting a housing sti- On page 406, between lines 7 and 8, insert was the unintended consequence of a pend, some of it should actually be the following: 1995 regulation allowing students to spent on housing. That’s all I ask. SEC. 724. REPEAL OF INCREASE IN MICRO-PUR- qualify for section 8, in order to help We cannot allow our system to be CHASE THRESHOLD. people of modest means have a chance abused by people who take taxpayer Section 101 of the Second Emergency Sup- at an education and to better them- dollars inappropriately, and then go off plemental Appropriations Act to Meet Im- selves. Unfortunately, HUD’s response to sign multimillion-dollar NFL con- mediate Needs Arising From the Con- was far from adequate. HUD’s solution tracts. People who do need the help— sequences of Hurricane Katrina, 2005 (Public Law 109–62; 119 Stat. 1992) is repealed. allowed students who live away from including our most frail elderly, people home for just a year into the program, with disabilities, and genuinely dis- Mrs. MURRAY. Mr. President, I ask if their parents stopped claiming them advantaged folks—are getting dis- unanimous consent that Senators Dor- on their taxes. It is a pretty easy cal- placed. This has been going on for well gan and Wyden be added as cosponsors culation to see that a simple deduction over a year, and despite pleas to HUD to this amendment. is worth less than a year’s rent, so it is to fix this, the abuse has not stopped. The PRESIDING OFFICER. Without easy for parents to decide to stop There is no other way to put a quick objection, it is so ordered. claiming their otherwise dependant end to this fraud. My amendment will The PRESIDING OFFICER. Is there children in order to save money. end it with the stroke of the Presi- further debate on the amendment? If Fortunately, language was included dent’s pen. not, the question is on agreeing to the in the final omnibus appropriations bill This amendment will finally close all amendment. last year closing a little more of this those loopholes. The amendment (No. 2070) was agreed loophole. It said that if you get an ath- I thank the manager of the bill and to. letic scholarship, anything above tui- the ranking member for their consider- Mr. BOND. Mr. President, I move to tion should be counted as income. Un- ation. I urge acceptance of this amend- reconsider the vote. fortunately, this doesn’t go far enough. ment. Mrs. MURRAY. I move to lay that This doesn’t address people who are Mr. BOND. Mr. President, we believe motion on the table. getting housing stipends from other the amendment of the Senator from The motion to lay on the table was kinds of scholarships, and doesn’t ad- Iowa makes good sense. It has been agreed to. dress students whose millionaire par- cleared on both sides. I believe it can AMENDMENT NO. 2101, AS MODIFIED ents decided not to claim them on their be agreed to by voice vote. Mr. BOND. Mr. President, I send an taxes, but have those kinds of re- The PRESIDING OFFICER. Is there amendment to the desk on behalf of sources available to them. further debate on amendment? If not, Senator AKAKA. Recently, the Des Moines Register the question is on agreeing to the The PRESIDING OFFICER. The took another look at who is living in amendment. clerk will report. the notorious housing project that has The amendment (No. 2076) was agreed The assistant legislative clerk read housed so many student athletes in the to. as follows:

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23194 CONGRESSIONAL RECORD—SENATE October 19, 2005 The Senator from Missouri [Mr. BOND], for the Secretary of Transportation, in consulta- considering closing the Army Radar Mr. AKAKA, and Mr. BINGAMAN, proposes an tion with the Secretary of Health and Approach Control at Fort Sill, OK. amendment numbered 2101, as modified. Human Services and the Administrator of This amendment prohibits the FAA Mr. BOND. Mr. President, I ask unan- the Federal Aviation Administration, not from moving air traffic control over later than 60 days after the date of enact- imous consent that reading of the the area to the TRACON at Oklahoma amendment be dispensed with. ment of this Act, shall establish procedures with airport directors located at United City. The PRESIDING OFFICER. Without States airports that have incoming flights The amendment has been cleared on objection, it is so ordered. from any country that has had cases of avian both sides. The amendment is as follows: flu and with air carriers that provide such The PRESIDING OFFICER. Is there (Purpose: To provide for an Internal Revenue flights to deal with situations where a pas- any further debate on the amendment? Service report regarding tax refund proce- senger on one of the flights has symptoms of If not, the question is on agreeing to dures and practices) avian flu .’’. the amendment, as modified. On page 293, after line 25, add the fol- Mr. BOND. Mr. President, this The amendment (No. 2073), as modi- lowing: amendment has been cleared on both SEC. lllll. By not later than June 30, fied, was agreed to. 2006, the Internal Revenue Service, in con- sides. It requires the Secretary of Mr. BOND. Mr. President, I move to sultation with the National Taxpayer Advo- Transportation, in consultation with reconsider the vote. cate, shall report on the uses of the Debt In- the Secretary of Health and Human Mrs. MURRAY. I move to lay that dicator tool, the debt collection offset prac- Services and FAA, to establish proce- motion on the table. tice, and recommendations that could reduce dures to deal with airline passengers The motion to lay on the table was the amount of time required to deliver tax who have avian flu symptoms. agreed to. refunds. In addition, the report shall study The PRESIDING OFFICER. Is there Mr. BOND. Mr. President, I send an whether the Debt Indicator facilitates the further debate on the amendment? If use of refund anticipation loan (RALs), amendment to the desk on behalf of evaluate alternatives to RALs, and examine not, the question is on agreeing to the Senator STABENOW and ask it be con- the feasibility of debit cards being used to amendment. sidered. distribute refunds. The amendment (No. 2139) was agreed The PRESIDING OFFICER. The Mr. BOND. Mr. President, this to. clerk will report. amendment requires the IRS to submit Mr. BOND. Mr. President, I move to The assistant legislative clerk read a report on the debt indicator program reconsider the vote. as follows: Mrs. MURRAY. I move to lay that which is currently used by the IRS to The Senator from Missouri [Mr. BOND], for assist in tax filing and speeding up tax motion on the table. Ms. STABENOW, proposes an amendment num- refunds where applicable. Senator The motion to lay on the table was bered 2140. agreed to. AKAKA has raised legitimate concerns The amendment is as follows: on whether the debt indicator has led Mr. BOND. Mr. President, on a light- er note, I understand that David (Purpose: To provide additional funds to sup- to the abuse of certain refund loans. port programs established under the LEG- While there are legitimate and appro- Letterman last night said there had ACY Act of 2003) been an instance of avian flu being priate refund loans, there is, unfortu- On page 316, line 26, after ‘‘Provided,’’ in- nately, some abuse of them. We need to transmitted to human beings. He also sert ‘‘That of the amount made available address this problem. noted that several Astros had come under this heading, $10,000,000 shall be made This amendment has been modified into contact with the Cardinals on available to carry out section 203 of Public after discussion with our staff and the Monday night and suffered greatly. Law 108-186, IRS. Fortunately, I hope that epidemic only Mr. BOND. Mr. President, this The PRESIDING OFFICER. Is there returns tonight and tomorrow night. amendment deals with the HUD elderly further debate on the amendment? If AMENDMENT NO. 2073, AS MODIFIED demonstration program. It provides a not, the question is on agreeing to the Mr. BOND. Mr. President, I call up set-aside out of HUD’s 202 elderly hous- amendment. amendment No. 2073, and I send a modi- ing program to fund the legacy housing The amendment (No. 2101), as modification to the desk on behalf of Sen- program which provides for intergen- fied, was agreed to. ator INHOFE. erational housing units to assist low- Mr. BOND. Mr. President, I move to The PRESIDING OFFICER. The income grandparents who are heads of reconsider the vote. clerk will report. households. This program was enacted Mrs. MURRAY. I move to lay that The assistant legislative clerk read in 2003. It seems to make eminent good motion on the table. as follows: sense to me. The motion to lay on the table was The Senator from Missouri [Mr. BOND], for The PRESIDING OFFICER. The agreed to. Mr. INHOFE, proposes an amendment num- question is on agreeing to the amend- AMENDMENT NO. 2139 bered 2073, as modified. ment. Mr. BOND. Mr. President, I send to Mr. BOND. Mr. President, I ask unan- The amendment (No. 2140) was agreed the desk an amendment on behalf of imous consent that reading of the to. Senator BOXER. amendment be dispensed with. Mr. BOND. I move to reconsider the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without vote. clerk will report. objection, it is so ordered. Mrs. MURRAY. I move to lay that The assistant legislative clerk read The amendment is as follows: motion on the table. as follows: (Purpose: To allocate funds for improvement The motion to lay on the table was The Senator from Missouri [Mr. BOND], for to Lawton-Fort Sill Regional Airport, and agreed to. Mrs. BOXER, proposes an amendment num- for other purposes) bered 2139. AMENDMENT NO. 2072, AS MODIFIED At the appropriate place, insert the fol- Mr. BOND. Mr. President, I ask unan- Mr. BOND. Mr. President, I call up lowing: amendment numbered 2072 on behalf of imous consent that reading of the SEC. ll. None of the funds appropriated amendment be dispensed with. or otherwise made available in this Act may Senator CRAIG, and I send a modifica- The PRESIDING OFFICER. Without be used by the Federal Aviation Administra- tion of the amendment to the desk. objection, it is so ordered. tion for ARAC consolidation of Fort Sill, The PRESIDING OFFICER. The The amendment is as follows: Oklahoma into OKC TRACON: Provided, That clerk will report. (Purpose: To ensure that proper precautions $3,000,000 of the fund appropriated under the The assistant legislative clerk read are taken by airports and air carriers to heading ‘‘Facilities and Equipment’’ shall be as follows: available for ARAC operation and mainte- recognize and prevent the spread of avian The Senator from Missouri [Mr. BOND], for nance at Fort Sill, Oklahoma. flu, and for other purposes) Mr. CRAIG, Mr. CRAPO and Mrs. MURRAY, pro- On page 219, line 5, strike the period and Mr. BOND. Mr. President, as a result poses an amendment numbered 2072, as modi- insert the following: ‘‘: Provided further, That of BRAC decisions, the military is re- fied.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23195 The PRESIDING OFFICER. The dated Farm and Rural Development Act (7 I respectfully urge the Justice Department amendment will be so modified. U.S.C. 1961(a)); or to follow through on the President’s warning The amendment (No. 2072), as modi- (B) a major disaster or emergency des- and to investigate the sudden spike in gas fied, is as follows: ignated by the President under the Robert T. prices nationwide, following Hurricane Stafford Disaster Relief and Emergency As- Katrina. (Purpose: To require the use of a sliding sistance Act (42 U.S.C. 5121 et seq.). I further wrote: scale match ratio for certain transpor- SEC. l03. RESTRICTION ON PRICE GOUGING. I am deeply concerned that oil suppliers tation projects in the State of Idaho) (a) RESTRICTIONS.—It shall be unlawful in have used Hurricane Katrina as an excuse to On page 276, after line 24, insert the fol- the United States during the period of a grossly overcharge consumers, regardless of lowing: qualifying natural disaster declaration in whether fuel is in short supply. The Adminis- SEC. ll. Subsection (a) of section 1964 of the United States to increase the price of tration has a responsibility to protect con- Public Law 109–59 is amended by inserting any oil or gas product more than 15 percent sumers from anyone who would exploit cata- ‘‘Idaho, Washington,’’ after ‘‘Oregon,’’. above the price of that product immediately strophic circumstances for outrageous profit, prior to the declaration unless the increase Mr. BOND. I ask that Senator MUR- and I respectfully urge you to investigate in the amount charged is attributable to ad- RAY be added as a cosponsor. this matter. The amendment clarifies the non- ditional costs incurred by the seller or national or international market trends. I ask unanimous consent my letter Federal share for certain funding. It (b) ENFORCEMENT.— be printed at the conclusion of my re- has been cleared on both sides of the (1) ENFORCEMENT POWERS.— marks. aisle. (A) IN GENERAL.—The Commission shall en- The PRESIDING OFFICER. Without I ask my colleague if she wishes to force this section as part of its duties under objection, it is so ordered. make any comments. the Federal Trade Commission Act (15 U.S.C. (See exhibit 1) 41 et seq.). Mrs. MURRAY. Mr. President, this Mr. DAYTON. Almost 7 weeks later, I (B) REPORTING OF VIOLATIONS.—For pur- amendment is an important step for have not received even the courtesy of both of our States. I appreciate the poses of the enforcement of this section, the Commission shall establish procedures to a reply from the U.S. Attorney Gen- Senator from Missouri bringing it for- permit the reporting of violations of this sec- eral. More importantly, I am not aware ward tonight. tion to the Commission, including appro- of anything that he has done to inves- The PRESIDING OFFICER. The priate links on the Internet website of the tigate collusion among the oil compa- question is on agreeing to the amend- Commission and the use of a toll-free tele- nies, the refiners, and the gasoline dis- ment. phone number for such purposes. tributors whose post-Hurricane (2) PENALTY.— The amendment (No. 2072), as modi- Katrina price escalations parallel one fied, was agreed to. (A) CRIMINAL PENALTY.—A violation of this section shall be deemed a felony and a per- another. Mr. BOND. I move to reconsider the Gasoline prices nationwide are 36 per- vote. son, upon conviction of a violation of this section, shall be punished by fine not exceed- cent higher than 1 year ago. Natural Mrs. MURRAY. I move to lay that ing $10,000,000 if a corporation, or, if any gas prices are 145 percent higher. That motion on the table. other person, $350,000, or by imprisonment means that current natural gas prices The motion to lay on the table was not exceeding 3 years, or both. are almost 21⁄2 times what they were a agreed to. (B) CIVIL PENALTY.—The Commission may year ago. impose a civil penalty not to exceed $5,000 Mr. BOND. Mr. President, I yield the The price of home heating oil in my floor. for each violation of this section. For purposes of this subparagraph, each day of viola- home State of Minnesota now is 63 per- The PRESIDING OFFICER. The Sen- cent above a year ago. Americans ev- ator from Minnesota. tion shall constitute a separate offense. Civil penalties under this subparagraph shall not erywhere are being ravaged economi- AMENDMENT NO. 2123 exceed amounts provided in subparagraph cally by energy companies, as the citi- Mr. DAYTON. Mr. President, I call (A). zens in Louisiana and Mississippi were up amendment numbered 2123 for im- (c) ACTION BY STATE ATTORNEY GENERAL.— ravaged by Katrina—although, obvi- mediate consideration. The attorney general of a State may bring a ously, their physical and economic dev- civil action for a violation of this section The PRESIDING OFFICER. Without astation was even worse. objection, the pending amendments are pursuant to section 4C of the Clayton Act (15 U.S.C. 15c). While we have properly come to the set aside. Mr. DAYTON. This makes it a felony aid of hurricane victims, Congress has The clerk will report. done nothing to help the victims of The bill clerk read as follows: to raise oil or gas prices more than 15 percent during a natural disaster and this energy price disaster. Apparently, The Senator from Minnesota [Mr. DAYTON] the Bush administration has failed proposes an amendment numbered 2123. other emergencies, and gives the U.S. Trade Commission, U.S. Department of them, also. Mr. DAYTON. Mr. President, I ask Justice, and State Attorneys General My amendment is an opportunity to unanimous consent the reading of the the authority to prosecute violators. do something to stop energy price ex- amendment be dispensed with. This creates an exception for cases in ploitation, to make price gouging as il- The PRESIDING OFFICER. Without which a price increase is directly at- legal as it is immoral. objection, it is so ordered. tributable to additional costs incurred Actions speak louder than words. The amendment is as follows: by the seller. Now is the time to act against exorbi- (Purpose: To prevent gas and oil gouging Currently, no Federal laws exist to tant energy prices, not just talk about during natural disasters) address gasoline price gouging. Only 13 them. The vote on my amendment will At the end of the bill, add the following: States have such laws to prosecute show who is serious about driving en- TITLEll—NATURAL DISASTER OIL AND those who raise prices arbitrarily dur- ergy costs down for all Americans, and GAS PRICE GOUGING PREVENTION ACT ing times of emergency. who is not. OF 2005 On September 1, in the immediate EXHIBIT 1 SEC. l01. SHORT TITLE. aftermath of Hurricane Katrina, Presi- SEPTEMBER 6, 2005. This title may be cited as the ‘‘Natural dent Bush said in response to the price Hon. ALBERTO GONZALES, Disaster Oil and Gas Price Gouging Preven- gouging that was underway: Attorney General, U.S. Department of Justice, tion Act of 2005’’. There ought to be zero tolerance of people Washington, DC. SEC. l02. DEFINITIONS. DEAR MR. ATTORNEY GENERAL: On Sep- breaking the law during an emergency such In this title: tember 1st, President Bush said, with respect as this, whether it be looting or price (1) COMMISSION.—The term ‘‘Commission’’ to price gouging following Hurricane gouging at the gasoline pump, or taking ad- means the Federal Trade Commission. Katrina, ‘‘There ought to be zero tolerance vantage of charitable giving or insurance (2) QUALIFYING NATURAL DISASTER DECLARA- of people breaking the law during an emer- fraud. TION.—The term ‘‘qualifying natural disaster gency such as this, whether it be looting, or declaration’’ means— On September 6th of this year, I price-gouging at the gasoline pump, or tak- (A) a natural disaster declared by the Sec- wrote a letter to the U.S. Attorney ing advantage of charitable giving, or insur- retary under section 321(a) of the Consoli- General in which I said, in part: ance fraud.’’

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23196 CONGRESSIONAL RECORD—SENATE October 19, 2005 I respectfully urge the Justice Department assessment of the guidance disseminated by ‘‘How will I afford to pay half again as to follow through on the President’s warning the Department of Education, the Depart- much for natural gas?’’ People need to and to investigate the sudden spike in gas ment of Housing and Urban Development, know now that they can count on us prices nationwide, following Hurricane and other related federal agencies for grant- for assistance. Katrina. ees of homeless assistance programs on In my home state of Minnesota, gas prices whether such guidance is consistent with This is a necessity of life—so much so rose by 52 percent—from $1.97 to $3.01 per and does not restrict the exercise of edu- that 73 percent of households in a re- gallon—in the three-month period from June cation rights provided to parents, youth, and cent survey reported they would cut 1st to September 1st. In three days alone, children under subtitle B of title VII of the back on, and even go without, other ne- from August 29th to September 1st, Min- McKinney-Vento Act: Provided, That such as- cessities such as food, prescription nesota gas prices surged 45 cents per gallon. sessment shall address whether the prac- drugs, and mortgage and rent pay- I understand that storm damage to oil oper- tices, outreach, and training efforts of said ments. Churches, food pantries, local ations off the Gulf Coast has caused part of agencies serve to protect and advance such service organizations—they are all the problem. However, most of Minnesota’s rights: Provided further, That the Council oil supply originates from Canada. shall submit to the House and Senate Com- hearing the cry, and all the leaves I am deeply concerned that oil suppliers mittees on Appropriations an interim report aren’t even yet off of the trees. The have used Hurricane Katrina as an excuse to by May 1, 2006, and a final report by Sep- fact is, countless American’s don’t grossly overcharge consumers, regardless of tember 1, 2006. have room in their budget, many on whether fuel is in short supply. The Adminis- Mrs. MURRAY. This amendment has fixed incomes, for this sudden surge in tration has a responsibility to protect con- been cleared on both sides. It simply home heating prices but surely, in sumers from anyone who would exploit cata- requires the U.S. Interagency Council looking at our national priorities, we strophic circumstances for outrageous profit, can find room in our budget to help and I respectfully urge you to investigate on Homelessness to make sure that all this matter. of the appropriate agencies take into Americans stay warm this winter. Thank you for your consideration of my consideration the homeless assistance Because of the supply disruptions request. programs. This is especially important caused by the hurricanes at a time Sincerely, for kids today who are homeless, to when prices were already spiraling up, MARK DAYTON. make sure their rights are protected. prices have been driven even higher Mr. BOND. Mr. President, not having I ask for its immediate consider- and are directly affecting low income had a chance to review the entire ation. Mainers and how they will be able to workings of the amendment, this is a Mr. BOND. Mr. President, I under- pay for their home heating oil, propane very serious legislative amendment. stand this amendment is necessary be- and kerosene this winter. A recent Unfortunately, this is not the appro- cause in some homeless shelters, chil- Wall Street Journal quoted Jo-Ann priate place to raise this legislation. It dren are being sent to schools where Choate, who heads up Maine’s LIHEAP is more appropriately concerned with they have not been going. It has caused program. Ms. Choate said, ‘‘This year the Energy Committee or other com- a great deal of confusion. This is an ap- we’ve got a very good chance of run- mittees. I, therefore, raise a point of propriate measure and we accept it on ning out.’’ Eighty-four percent of the order that this is legislation on an ap- this side. applicants for the LIHEAP program in propriations bill. I believe now the The PRESIDING OFFICER. The the State use oil heat. Over 46,000 ap- Chair has a copy of the amendment. I question is on agreeing to the amend- plied for and received State LIHEAP raise an objection under rule XVI that ment. funds last winter. Each household re- this is legislation on an appropriations The amendment (No. 2141) was agreed ceived $480, which covered the cost of bill. to. 275 gallons of heating oil. The PRESIDING OFFICER. In the Mr. BOND. I move to reconsider the The problem this winter is that the opinion of the Chair, the point is well- vote. same $480 will buy only 172 gallons, taken. This is legislating on an appro- Mrs. MURRAY. I move to lay that which a household will use up in the priations bill and the amendment falls. motion on the table. first 3 to 4 weeks in Maine. What will Mr. BOND. I thank the Chair. The motion to lay on the table was these people do to stay warm for the The PRESIDING OFFICER. The Sen- agreed to. four or five months left of winter? The ator from Washington. Ms. SNOWE. Mr. President, I rise water pipes will freeze and then break, today for one very simple reason, the AMENDMENT NO. 2141 damaging homes. People will start days are relentlessly marching toward Mrs. MURRAY. Mr. President, I send using their stoves to get heat. The winter . . . the clock is ticking as the an amendment to the desk and ask for Mortgage Bankers Association expects thermometer edges ever downward . . . its immediate consideration. that the steep energy costs could in- and it would be unconscionable for The PRESIDING OFFICER. Without crease the number of missed payments Congress to adjourn for the year with- objection, the pending amendment is and lost homes beginning later this out providing critical, additional asset aside. year. My State is expecting at least The clerk will report. sistance for LIHEAP, the Low Income 48,000 applicants this winter, so there The assistant legislative clerk read Home Energy Assistance Program, at a will be less money distributed to each as follows: time of skyrocketing fuel prices. household unless we can obtain higher There should be no mistake, this is funding for the LIHEAP program. The Senator from Washington, [Mrs. MUR- an emergency and a crisis we know is Ms. Choate says that Maine plans to RAY], proposes an amendment numbered 2141. coming, and it would be an abrogation focus on the elderly, disabled, and fam- Mrs. MURRAY. I ask unanimous con- of our responsibility to stand by and ilies with small children, and is study- sent the reading of the amendment be allow it to occur. It does not take a ing how to move others to heated shel- dispensed with. crystal ball to predict the dire con- ters. This is why our efforts are so very The PRESIDING OFFICER. Without sequences when home heating oil in important. And it isn’t just Maine, it is objection, it is so ordered. Maine is $2.52 per gallon, up 59 cents happening in all of the Nation’s cold The amendment is as follows: from a year ago . . . kerosene prices weather States. Quite simply, without (Purpose: To require the U.S. Interagency average $2.95 a gallon, 75 cents higher increased funding, we are forcing the Council on Homelessness to conduct an as- than this time last year, and it is not managers of State LIHEAP programs sessment of guidance disseminated by even winter yet. Some projections have agencies for grantees of homeless assist- to make a Solomon’s choice. I request ance programs) a gallon of heating oil reaching $3.00. that the Wall Street Journal article of So understandably, we are already At the appropriate place, insert the fol- October 6, 2005 be printed for the lowing: Page 406, line 8 insert a new para- hearing the mounting concern ‘‘how RECORD. graph. will I pay for home heating oil when There being no objection, the mate- SEC. 724. The United States Interagency it’s 30 percent more than last year, and rial was ordered to be printed in the Council on Homelessness shall conduct an I struggled to make ends meet then?’’ RECORD, as follows:

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23197 [From the Wall Street Journal, Oct. 6, 2005] in funding this year would be for Congress to increase of $611 over last year’s price FEARING SHORTFALL LINKED TO HURRICANES, decide. Paul Scofield, a spokesman for the and $643 over 2003–2004. This is the larg- STATES SCRAMBLE TO STRETCH FEDERAL House Appropriations Committee, said that est increase in home heating prices in AID AMONG THE NEEDY ‘‘we’ve always tried to keep this program over 30 years. This is why our amend- (By John J. Fialka) funded,’’ but added that, so far, it hasn’t received any proposal to add money from the ment is so very important. WASHINGTON.—State managers of the $2 Bush administration. Congress recently passed an Energy billion federal program that helps poor peo- ‘‘We’ve had a very mild winter in the last bill which is now law. In that bill, we ple pay their heating bills say that price in- five or six years. If we get a real Montana authorized $5.1 billion for the LIHEAP creases following hurricanes Katrina and winter this year, that’s what’s really got us program. My goal is to see that this is Rita could mean some homes will run out of spooked,’’ says Jim Nolan, the heating pro- fuel this winter. totally funded. We simply have to show gram’s director in Montana. Last year his that we meant what we asked for and The Low-Income Home Energy Assistance program served 21,000 households, but about Program has helped consumers pay about 85,000 are potentially eligible this year. With totally fund the LIHEAP program. A half of the average $600 home heating bill in rising energy costs, he says, ‘‘we could reach total of $5.1 billion has already been recent years. But this winter will be dif- a tipping point and drive the number of ap- authorized. All we are asking with this ferent. The Department of Energy estimates plicants much higher.’’ measure is to provide an additional $3.1 that the cost of heating an average home His department is lobbying for more assist- billion in emergency LIHEAP funding with oil will rise to $1,666 and to $1,568 for ance money from state electricity and gas natural gas, but the federal money budgeted in additional to the $2 billion already utilities, which have a ‘‘public purpose fund’’ requested by the President. Passage of for the program remains the same. that earmarks 25 percent for energy assist- ‘‘We’re looking at a situation we’ve never ance for the poor. This year, Mr. Nolan this amendment to the Transportation/ really faced before,’’ says Mark Wolfe, execu- wants 70 percent of the money, which would Treasury/Housing Appropriations bill tive director of the National Energy Assist- take funding away from renewable-energy is vital. ance Directors’ Association, state agencies projects, such as solar and wind power. The facts are that LIHEAP is pro- that funnel the federal money to people who Mr. Wolfe, who represents the state direc- jected to help 5 million households na- meet state criteria for fuel help. tors in Washington, says that without sub- tionwide this winter. But that’s only The problem will be most acute in North- stantially more help from the federal gov- about one-sixth of households across ern states, where running out of fuel poses ernment, the states and utilities will have to health risks, particularly to the elderly, and use a ‘‘triage’’ system to get families the country that qualify for the assist- could damage homes if water pipes freeze through the winter. In some states that will ance. So this is a perennial fight we and then break. ‘‘This year we’ve got a very mean shifting more money to homes that use wage even when prices aren’t as high as good chance of running out,’’ says Jo-Ann heating oil because oil distributors custom- today. And now, that battle becomes Choate, who manages the program for arily won’t deliver unless they are paid in all the more pivotal. Maine’s Housing Authority. advance, Mr. Wolfe says. I want to thank Senators REED and Her state’s program has already received a That means less money for utilities that COLLINS for their leadership on this host of new applications, but its buying supply natural gas. Those companies, on the amendment and I am proud to stand power has shrunk. Last year, the program other hand, are reluctant to cut off homes in paid $480 for each household it assisted, cov- the dead of winter. ‘‘They’ll get paid later,’’ shoulder to shoulder with them to se- ering the cost of 275 gallons of heating oil. says Mr. Wolfe, who said legislatures in sev- cure what is, in essence, literally life- This year, $480 will buy only 172 gallons. She eral states including Massachusetts, New or-death funding for our most vulner- figures that in a normal winter, ‘‘That will York and some in the Midwest are pondering able Americans. The cold weather go in the first three or four weeks.’’ ways to supplement the federal funding. won’t wait and neither should we when If there is a funding shortfall, Maine plans The effects of a federal program stretched it comes to helping citizens survive to focus the money it has on the elderly, dis- thin will be uneven, since some utilities have abled and families with small children. It is through the winter. a much higher percentage of low-income cus- Mr. KENNEDY. Mr. President, with studying how to move others to heated shel- tomers than others. About three-fourths of ters. ‘‘We’ll need to get people who know the nation’s home heating-oil customers are temperatures dropping, there are few how to drain the pipes if people are moved in New England. more important duties than keeping out of their homes,’’ Ms. Choate says. In Montana, a state law forbids natural-gas our citizens safe and warm for the win- ‘‘They’ll have to be volunteers, though, be- companies from shutting off fuel to cus- ter. Rising fuel prices give added ur- cause we’ll have no money to pay them.’’ tomers in the winter. But users of propane, a gency to our efforts to lend a hand to In Wisconsin, Susan Brown, director of the gas commonly used in rural areas, aren’t those who can’t afford their heating state’s energy-assistance program, says the protected. program ‘‘will pay less of a given heating Chemical companies and manufacturers bills. bill.’’ The number of clients—70% of whom that produce products using natural gas Sadly, the gap between rich and poor use natural gas—has traditionally grown by often have ‘‘interruptible contracts,’’ which has been widening in our society, espe- 2% a year. This year, she worries that num- means that if supplies run short, utilities cially in recent years. The number of ber could increase by as much as 30%. ‘‘If will cut them off and send the gas to home- persons living in poverty in the Nation that’s the case,’’ she warns, ‘‘we will simply owners. has risen from 31 million in 2000 to 37 have to shut the program down.’’ If there are frequent interruptions this million today, a 19 percent increase According to the Department of Health winter, ‘‘it’s going to wash its way through during the Bush administration. Thir- and Human Services, which provides the the entire economy,’’ predicts Charles Van money to states, heating-bill increases are Vlack, vice president of the American Chem- teen million children now live in pov- felt more acutely by the poor. In 2002, for ex- istry Council, which represents 130 compa- erty. Wages remain stagnant, while in- ample, the average household spent 5.9% of nies. ‘‘Just saying industrial users are going flation inexorably sinks more and more its income on heating compared with 12.6% to drop off of the [supply] system is a poor families below the poverty line. The spent by low-income households. outcome. It’s going to knock out jobs.’’ long-term unemployment rate is at his- Additional help may be on the way as Con- The Federal Department of Energy toric highs. There is no excuse for gress and the Bush administration weigh has predicted that homeowners who America to continue to look the other proposals to increase funding. Senate Demo- use oil for heat and propane will spend way. Hurricane Katrina demonstrated crats led by Sen. John Kerry of Massachu- setts are trying to add $3.1 billion to the pro- 30 percent more this year than last, the plight of minorities for all of us to gram by attaching the money to a Defense and natural gas users will spend 48 per- see, for all the world to see. The ‘‘silent Department spending bill. cent more. According to the National slavery of poverty’’ is not so silent any ‘‘It is unthinkable that this administration Energy Assistance Directors Associa- more. would fail to have the emergency funds tion, heating costs for the average fam- For those in poverty, the American available to help families who need it the ily using heating oil are projected to dream is a nightmare. Families stay most,’’ Sen. Kerry said in a statement, sug- hit $1,666 for the upcoming winter. This awake at night worrying how to make gesting that Democrats will have a powerful ends meet. Parents wonder how they issue for next year’s elections if there is a represents an increase of $403 over last shortfall of heating funds this winter. winter’s prices and $714 over the winter will feed their children and pay their A spokesman for the HHS, which added heating season of 2003–2004. bills. some emergency funds to the program during For families using natural gas, prices Rising energy costs are a huge part last year’s heating season, said an increase are projected to hit $1,568, which is an of the problem. Significant numbers of

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23198 CONGRESSIONAL RECORD—SENATE October 19, 2005 citizens live with the constant threat With current funding, even those re- the DOD Appropriations bill to in- of power shut-offs, because they can’t ceiving LIHEAP assistance won’t re- crease LIHEAP funding by $3.1 billion. pay their energy bills, and there’s no ceive enough to last the entire winter. Almost every Democratic Senator relief in sight. In Massachusetts, one 71–year-old voted for it, but the Republican Sen- According to a recent report by the woman lives alone and keeps her ther- ators overwhelmingly opposed it and it Energy Information Administration, mostat set at 60 degrees to save money. was defeated. We will continue to raise the outlook for the coming winter is She hopes the Federal Government will this issue again and again and again, bleak. Home heating bills are likely to come through with more LIHEAP until our Nation’s neediest families are soar. Hurricanes Katrina and Rita have money before she runs out of ways to fully protected this winter. strained already-tight oil and natural pay her heating bill. She says, ‘‘I turn So I strongly support Senator REED’s gas production. According to the Amer- down the thermostat as low as I can and Senator COLLINS’ amendment to ican Petroleum Institute, 20 percent of and sometimes I turn it off and put on this appropriations bill, and I hope the the Nation’s refinery capacity is down extra sweaters. I don’t know how much Republican leadership will allow us to or is restarting as a result of damage longer I can keep doing this.’’ have an up or down vote on this by both hurricanes. Many families will struggle just to amendment at some point during this On average, households heating pri- get their heat turned back on for the debate. marily with natural gas will pay $350 winter because they still owe money Congress needs to stand up for the more this winter for heat, an increase from last winter’s bills. millions of Americans struggling to of an incredible 48 percent over last Another example is a single mother make ends meet. We need to tell low- year. Those relying primarily on oil who lives with her baby daughter. income families across the country will pay $378 more, an increase of 32 She’s a nurse, but she lost her job in that we heard them, we care about percent. August 2004 has been relying on tem- them, and we don’t intend to leave These are not just abstract numbers. porary jobs since then. them shivering in the cold this winter. They represent huge burdens on real Her pay doesn’t cover her bills, and LIHEAP is indispensable in filling that need. It is wrong for Congress to people. Just last week, Mayor Menino her electricity has been cut off. She shortchange LIHEAP and the millions and I met with low-income seniors at worries about how she can pay off her of families who need our help the most. the Curtis Hall Community Center in bills this winter. Until every parent has a warm place to Massachusetts. They are scared that It is wrong for us to let people like come home to every day, and every they won’t be able to make ends meet this suffer. So how does the Republican child has a warm bed to sleep in every this winter. They are worried about leadership in Congress respond? By cut- night, our job is not done. how they’ll pay their high home heat- ting funds for essential low income pro- ing bills. Predictions of a cold winter Mr. ENSIGN. Mr. President, I rise to grams. speak to the amendment to enhance and sky-high fuel costs mean that the In spite of Katrina, the administra- elderly, the disabled, and many others the Free File Alliance. The Free File tion and the House of Representatives Alliance is a partnership between the will be forced to make impossible continue to close their eyes to the choices between heating their homes Internal Revenue Service and the pri- long-term needs of the poor. Emer- vate technology industry. and paying for food, or health care, or gency aid was impossible for even the rent. This voluntary program was created most hard-hearted Members of Con- A Federal program is supposed to be in 2002 after the IRS tried to create its gress to refuse. But as the spotlight available to help the poorest of the own tax preparation software and e-fil- poor to avoid these unacceptable trade- fades it is back to poverty as usual. ing program at the taxpayers’ expense. offs. LIHEAP, the Low Income Home The House sent the Senate a con- Such a program would have needlessly Energy Assistance Program, grants aid tinuing resolution which freezes fund- duplicated the resources and invest- to low-income families who can’t af- ing for the LIHEAP program. But that ments of the private sector. Instead, ford the steep cost of energy. funding obviously isn’t enough. Nine- the Free File Alliance came into being, The number of households receiving teen percent of current LIHEAP recipi- helping preserve voluntary compliance. this assistance has increased from 4 ents say they keep their home at a This Alliance provides free electronic million in 2002 to 5 million this year, temperature they feel is unsafe or tax preparation and e-filing services to the highest level in ten years. unhealthy. Eight percent report that lower income, disadvantaged and un- Ninety-four percent of LIHEAP their electricity or gas was shut off in derserved taxpayers. In its first 3 years households have at least one family the past year for nonpayment. of existence, the Free File Alliance has member who is elderly, disabled, a The continuing resolution also cut donated some 10 million tax returns to child under the age of 18, or a single the Community Services Block Grant American taxpayers and has helped sig- parent with a young child. 77 percent of by 50 percent. These funds are used by nificantly increase the number of e- LIHEAP recipients report an annual many community action agencies to filed tax returns. The success of this income at or below $20,000 and 61 per- administer the LIHEAP assistance. unique public-private partnership has cent of recipients have annual incomes According to ABCD, a community ac- been achieved at no cost to the tax- at or below the poverty line. tion agency in Massachusetts whose payers. Shameful, however, LIHEAP is not neighborhood network handles the out- This alliance has benefited the Amer- being given the funds needed to meet reach and application process for ican public. It has allowed the IRS to today’s responsibilities. In fact, the LIHEAP, the cut in funding means that focus its resources and efforts on its President’s budget funds the program access to this critical survival resource congressionally authorized mission and at $2 billion which is almost the same will shrink by more than 70 percent. Up objectives. The budget simply does not today as when the program was created to 10,500 households, out of a current have room for waste or duplication, in 1981, the first year of the adminis- total of 15,000 recipients, may not get and the Free File public-private part- tration of President Ronald Reagan. their benefits. nership has met an urgent need in the Since then, heating oil prices have Those of us in Congress who care most cost-effective way possible. gone up 265 percent. about this issue sent an urgent request There are long-standing program Meanwhile, demand for LIHEAP to the President to increase the funds, management issues that need to be cor- funding has increased. In Massachu- but our request has gone unanswered. rected in the IRS oversight of the Free setts, it serves 130,000 households, in- We are here today to say that File program. For the first 3 years, the cluding 15,000 in Boston. LIHEAP may not be on the administra- Service failed to make necessary man- Eight thousand of the 12,000 fuel as- tion’s agenda, but it is on our agenda. agement reforms. Congress has pro- sistance applications sent out for this That is why we are fighting so hard to vided specific direction in terms of tax- winter have already been returned, increase LIHEAP funding. Senator payer protections, but the needed re- 1,500 more than this time last year. KERRY and I offered an amendment on forms have still not been put in place.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23199 This amendment is fully consistent cases, the results have been inconclu- S. 757, the Breast Cancer Environ- with all of the previous Congressional sive. Furthermore, there are many mental Research Act. direction. It provides that the IRS and other factors that are suspected to play It has long been believed that the en- the Department of Treasury do not a role that have yet to be studied. vironment plays some role in the de- waiver from this direction. It will also We must find answers. While there is velopment of breast cancer, but the ex- ensure that the IRS does not provide much we don’t know, it is clear that a tent of that role is not understood. all aspects of tax functions, including better understanding of the role the en- Today, less than 30 percent of breast tax preparation services. That kind of vironment plays in the development of cancers are explained by known risk conflict of interest cannot ever be per- breast cancer could help to improve factors. There are studies exploring the mitted. The American people expect us our understanding of the causes of effect of things like diet, pesticides, to look out for their interests in such breast cancer and could lead to preven- and electromagnetic fields on breast matters, to ensure fairness and balance tion strategies. cancer incidence, but in most cases, in the system, and to protect their For several years now, I have worked these and many other environmental rights to voluntary compliance. to pass bipartisan legislation, The factors that are also suspected to play This amendment and accompanying Breast Cancer and Environmental Re- a role have not been fully investigated. report language should get the Free search Act, which would give scientists We need a collaborative, comprehen- File program on track to achieve its the tools they need to better under- sive, national strategy to explore these intended purposes and objectives, and stand any link between breast cancer issues. ensure that the IRS keeps its energies and the environment. The Breast Can- The Breast Cancer Environmental and resources focused on critical core cer and Environmental Research Act Research Act would create a uniquely missions, rather than spending pre- would dedicate $30 million a year for 5 targeted research plan, similar in de- cious public funds to try to expand years for the National Institute of En- sign to the incredibly efficient Depart- them. vironmental Health Sciences, NIEHS, ment of Defense Peer Reviewed Breast This is a basic good government, tax- to award grants to study the relation- Cancer Research Program. This bill payer-focused measure, and I ask my ship between environmental factors would authorize $30 million a year for 5 colleagues to join me in supporting and breast cancer. Under a competi- years for the National Institute of En- this amendment. tive, peer-reviewed grant-making proc- vironmental Health Sciences, NIEHS, NOTICE OF INTENT ess that involves patient advocates, the to award grants to study the relation- Mr. DAYTON. Mr. President, in ac- NIEHS Director would award grants for ship between environmental factors cordance with rule V of the standing the development and operation of up to and breast cancer. Under a competi- rules of the Senate, I hereby give no- eight centers for the purpose of con- tive, peer-reviewed grantmaking proc- tice in writing of my intention to move ducting multi-disciplinary research. ess that involves patient advocates, the to suspend Paragraph 4 of Rule XVI for To date, there has been only a lim- NIEHS Director would award grants for the purpose of proposing to the Bill, ited research investment to study the the development and operation of up to H.R. 3058, the Transportation, Treas- role of the environment in the develop- eight centers for the purpose of con- ury, and Housing and Urban Develop- ment of breast cancer—but we are ducting multidisciplinary research. It ment Appropriations Bill, the following making progress. Over the past several would require collaboration with com- amendment: No. 2143. years, I have worked with my col- munity organizations in the area, in- (The amendment is printed in today’s leagues on the Senate Appropriations cluding those that represent women Committee to include appropriations RECORD under ‘‘Text of Amendments.’’) with breast cancer, as an integral com- language that has allowed the NIEHS ponent of the centers. Inherent in its f to award grants to four research cen- structure would be the kind of effi- MORNING BUSINESS ters to begin to study the prenatal-to- ciency, and public accountability that adult environmental exposures that has made an overwhelming number of Mr. BOND. Mr. President, I ask unan- may predispose a woman to breast can- my colleagues, as well as scientists and imous consent the Senate turn to a pe- cer. consumers, so supportive of the De- riod of morning business, with Sen- This is a promising step in the right partment of Defense Breast Cancer Re- ators permitted to speak therein for up direction, but it is only a down pay- search Program. to no more than 10 minutes. ment on the task at hand. Moreover, In honor of Breast Cancer Awareness The PRESIDING OFFICER. Without the research strategy for these grants Month, I urge my colleagues to join me objection, it is so ordered. does not follow the nationally focused, and continue to fight the war on breast f collaborative, and comprehensive cancer, and invest in getting the an- model as outlined in the Breast Cancer swers to eradicating this disease. BREAST CANCER AWARENESS and Environmental Research Act. Mr. CORZINE. Mr. President, I rise MONTH More research must be done to deter- today in observance of National Breast Mr. REID. Mr. President, as we pause mine the impact of the environment on Cancer Awareness Month. Today, 3 mil- to observe Breast Cancer Awareness breast cancer. If we miss promising re- lion American women are living with Month, I would like to focus on the search opportunities because Congress this disease. In 2005, an additional need to study the causes of this fright- has failed to act, millions of women 200,000 women are expected to be diag- ening disease, including the possible and their families will face difficult nosed with invasive breast cancer and link between breast cancer and the en- questions about breast cancer . . . and over 40,000 will die from this disease. vironment. we won’t have the answers. While in recent years we have seen sig- Women diagnosed with breast cancer These women and their families de- nificant advances in breast cancer re- inevitably all ask the same question: serve answers. That’s why we must search, scientists are still researching Why me? work together to pass this bill, which many questions that remain unan- The unfortunate truth in all too enjoys broad bipartisan support. I urge swered regarding the causes and pre- many instances is, we don’t know. Less my colleagues to observe Breast Cancer vention of this disease. than 30 percent of breast cancers are Awareness Month and to support the I am particularly concerned about explained by known risk factors. quest for answers about this deadly dis- the likely impact that environmental We don’t know if the environment ease by supporting the Breast Cancer factors have in contributing to the plays a role in the development of and Environmental Research Act. prevalence of breast cancer. That is breast cancer. Studies have explored Mr. KOHL. Mr. President, I rise why I support the bipartisan Breast the effect of isolated environmental today, as Breast Cancer Awareness Cancer Environmental Research Act, factors such as diet, pesticides, and Month comes to a close, to urge my S. 757, which would provide $30 million even electromagnetic fields. In most colleagues to join me in cosponsoring a year for 5 years for the development

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23200 CONGRESSIONAL RECORD—SENATE October 19, 2005 and operation of multi-institutional, ADDITIONAL STATEMENTS eager to start his own business eager to multi-disciplinary research centers to make his first deal, and there he was young study environmental factors poten- Bob sitting across the desk from the banker tially linked to breast cancer. There is TRIBUTE TO BOB SPARBOE in Litchfield, Minnesota. Bankers always ap- ∑ Mr. COLEMAN. Mr. President, I pear in this kind of story as a scowling, un- a clear need for research. We owe it to friendly, bunch of fellows. Bob never com- breast cancer survivors and victims to would like to pay tribute to a Min- mented about that, but he needed $1,400 for pass this legislation. nesota hero and an American hero, just 21 days. Scowl or not, the banker must Over the past several years, New Jer- Robert Sparboe, who passed away last have had some doubts. The normal borrower sey has consistently ranked in the top week. If anyone around the world didn’t come in for a 21-day loan. 10 states in the Nation for breast can- wanted to know why this is the great- Bob eventually solved the problem by buy- cer incidence and mortality. That is est country in the world, I would tell ing the bank—something he never would them: Take a look at the life of Bob have believed that day many years ago. He why I feel especially strongly about got the loan. He made the deal. And he paid supporting further progress and future Sparboe. He is proof positive that the the banker back on time. advancements in the fight against this surest path to success is working hard His head was full of dreams. And one of the awful disease that will only continue in a free society. endearing and enduring elements of Bob’s to cause suffering among American Bob Sparboe found his success in the life was that he never stopped dreaming. Am- women if we fail to act. egg business. He went from a $5,000 in- bition didn’t fade as he aged. And he lived In addition to passing S. 757, we must vestment after the Korean war to a $260 his ever-enlarging dreams to their fullest. million operation employing 600 people Not only with regard to his business, but also increase funding for the National with his wonderful family as well. Institutes of Health, NIH, the National in four States. If anyone in the sound Not everybody knew Bob and I would occa- Cancer Institute, NCI, and the Centers of my voice has ever eaten an egg in a sionally introduce him as a man who had six for Disease Control, CDC, all of which Midwestern restaurant, you are one of million chickens laying eggs and doing so have played a major role in the devel- his customers. He has presided over 10 with regularity. Not too long ago, Bob cor- opment of improved treatment. Despite million hens laying over 2 billion eggs rected me to say with quiet pride, ‘‘It is now the critical role these agencies play in a year. twelve million, Rudy.’’ Bob and I both admired Ronald Reagan and developing tools to fight and prevent I often wonder from where Americans are getting their values. I sure hope it Reagan would often say, ‘‘If you give people cancer, the President and Republican- enough freedom and opportunity, ordinary led Congress have significantly under- is not from overhyped rock stars, people will achieve extraordinary things.’’ funded breast cancer initiatives at movie stars, and media creations. One Bob was such a person Bob proved Reagan NIH, NCI, and CDC. We need to do of the values of our State of Minnesota right. Bob recognized what the promise of more. is people are usually only one genera- America had given him and it filled his heart We need a collaborative, comprehen- tion or one set of relations removed with a deep and abiding love for this great from the farm. We learn what farmers country. It was in that way—through the po- sive, national strategy to study the eti- litical process—that I met Bob and Deanna ology of breast cancer. The Breast Can- know; there are four seasons to life: planting, growing, harvesting, and and other members of their family and the cer Environmental Research Act would Sparboe Farms family as well. accomplish this. I urge all of my col- resting. Not much of value is produced Some may believe that our country’s leagues to observe National Breast by people who cram. There are seasons greatness was achieved by politicians sitting Cancer Awareness month by supporting and rhythms to life that must be unin Washington or St. Paul and indeed it is this critical piece of legislation. derstood and respected. their names that fill the history books. But Bob was a wealth of wisdom. Here are they were not the builders. Their actions a few of his gems collected from an ar- preserved and enhanced the opportunities f ticle written honoring him last year: and freedoms, but the builders of democracy are and were the Bob Sparboes of our coun- The smartest thing you can do is hire try. LOCAL LAW ENFORCEMENT someone who is more capable than you are. ENHANCEMENT ACT OF 2005 People who had dreams. People who were It’s better to have an average plan with su- willing to take risks—even for 21 days—and Mr. SMITH. Mr. President, I rise perior execution than a superior plan with then never stopped dreaming and working today to speak about the need for hate average execution. full time to achieve those ever-enlarging crimes legislation. Each Congress, Sen- A good leader creates leaders out of his fol- dreams. lowers. And a really good leader creates So Bob will be missed not only by a very ator KENNEDY and I introduce hate moral agents. loving family, but America will miss Bob as crimes legislation that would add new Leadership is about coping with change. well. categories to current hate crimes law, Management is about coping with com- We have lost not only a friend, a father, a sending a signal that violence of any plexity. husband and grandfather, but America has kind is unacceptable in our society. You need to adopt the attitude that ‘‘I will lost one of the finest builders of its great- Likewise, each Congress I have come to succeed, not only in spite of my limitations, ness. One of its proudest sons. Bob Sparboe—an extraordinary life, an ex- the floor to highlight a separate hate but because of them.’’ crime that has occurred in our coun- traordinary example of the wonders of de- We get pretty full of ourselves in this mocracy.∑ try. city, imagining that we are running f John Solis was attacked and beaten the world. But all the success our Na- after a gay-pride event in Brooklyn, tion achieves comes from the hard MESSAGES FROM THE PRESIDENT NY on June 29, 2004. A dozen people work, risk taking, and character of Messages from the President of the shouted anti-gay slurs at Solis. When regular folks like Bob Sparboe, who United States were communicated to he turned to confront them they at- achieve beyond their wildest dreams. the Senate by Mr. Williams, one of his tacked him with baseball bats. Solis’s His life was the American dream incar- secretaries. wrist was broken and he was hit in the nate. We offer our condolences to his f head. The police were slow to respond family and friends. And we are grateful and ineffective. to have had the privilege to know a EXECUTIVE MESSAGES REFERRED I believe that the government’s first person of such great character, drive As in executive session the Presiding duty is to defend its citizens, to defend and wisdom. Officer laid before the Senate messages them against the harms that come out Mr. President, I ask that the fol- from the President of the United of hate. The Local Law Enforcement lowing statement from former United States submitting sundry nominations Enhancement Act is a symbol that can States Senator Rudolph E. Boschwitz which were referred to the appropriate become substance. I believe that by be printed in the RECORD. committees. passing this legislation and changing The statement follows: (The nominations received today are current law, we can change hearts and Picture a young Bob Sparboe, just back printed at the end of the Senate pro- minds as well. from the Army, his head full of dreams, ceedings.)

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23201 REPORT RELATIVE TO THE CON- the Secretary to participate in the Lower Office Building’’; to the Committee on TINUATION OF THE NATIONAL Chino Dairy Area desalination demonstra- Homeland Security and Governmental Af- EMERGENCY DECLARED IN EX- tion and reclamation project, and for other fairs. H.R. 3830. An act to designate the facility ECUTIVE ORDER 12978 WITH RE- purposes. H.R. 1409. An act to amend the Foreign As- of the United States Postal Service located SPECT TO SIGNIFICANT NAR- sistance Act of 1961 to provide assistance for at 130 East Marion Avenue in Punta Gorda, COTICS TRAFFICKERS CENTERED orphans and other vulnerable children in de- Florida, as the ‘‘U.S. Cleveland Post Office IN COLOMBIA—PM 27 veloping countries, and for other purposes. Building’’; to the Committee on Homeland The PRESIDING OFFICER laid be- H.R. 3549. An act to designate the facility Security and Governmental Affairs. H.R. 3853. An act to designate the facility fore the Senate the following message of the United States Postal Service located at 210 West 3rd Avenue in Warren, Pennsyl- of the United States Postal Service located from the President of the United vania, as the ‘‘William F. Clinger, Jr. Post at 208 South Main Street in Parkdale Arkan- States, together with an accompanying Office Building’’. sas, as the Willie Vaughn Post Office; to the report; which was referred to the Com- H.R. 3830. An act to designate the facility Committee on Homeland Security and Gov- mittee on Banking, Housing, and of the United States Postal Service located ernmental Affairs. Urban Affairs. at 130 East Marion Avenue in Punta Gorda, f Florida, as the ‘‘U.S. Cleveland Post Office To the Congress of the United States: Building’’. ENROLLED BILLS PRESENTED Section 202(d) of the National Emer- H.R. 3853. An act to designate the facility The Secretary of the Senate reported gencies Act, 50 U.S.C. 1622(d), provides of the United States Postal Service located that on today, October 19, 2005, she had for the automatic termination of a na- at 208 South Main Street in Parkdale, Ar- presented to the President of the tional emergency unless, prior to the kansas, as the Willie Vaughn Post Office. United States the following enrolled anniversary date of its declaration, the The message also announced that the bills: President publishes in the Federal Reg- House agree to the amendment of the S. 55. An act to adjust the boundary of ister and transmits to the Congress a Senate to the bill H.R. 3971, an act to Rocky Mountain National Park in the State notice stating that the emergency is to provide assistance to individuals and of Colorado. continue in effect beyond the anniver- States affected by Hurricane Katrina, S. 156. An act to designate the Ojito Wil- sary date. In accordance with this pro- with amendments, in which it requests derness Study Area as wilderness, to take vision, I have sent the enclosed notice the concurrence of the Senate. certain land into trust for the Pueblo of Zia, and for other purposes. to the Federal Register for publication, f stating that the emergency declared f with respect to significant narcotics ENROLLED BILL SIGNED EXECUTIVE AND OTHER traffickers centered in Colombia is to The message further announced that COMMUNICATIONS continue in effect beyond October 21, the Speaker of the House of Represent- The following communications were 2005. The most recent notice con- atives has signed the following enrolled laid before the Senate, together with tinuing this emergency was published bills: accompanying papers, reports, and doc- in the Federal Register on October 20, S. 156. An act to designate the Ojito Wil- uments, and were referred as indicated: 2004 (69 Fed. Reg. 61733). derness Study Area as wilderness, to take EC–4271. A communication from the Chair- The circumstances that led to the certain land into trust for the Pueblo of Zia, man, U.S. Merit Systems Protection Board, declaration on October 21, 1995, of a na- and for other purposes. transmitting, pursuant to law, a report enti- tional emergency have not been re- S. 55. An act to adjust the boundary of tled ‘‘The Probationary Period: A Critical solved. The actions of significant nar- Rocky Mountain National Park in the State Assessment Opportunity’’; to the Committee cotics traffickers centered in Colombia of Colorado. on Homeland Security and Governmental Af- continue to pose an unusual and ex- The enrolled bills were signed subse- fairs. traordinary threat to the national se- quently by the President pro tempore EC–4272. A communication from the Chair- man, Federal Housing Finance Board, trans- curity, foreign policy, and economy of (Mr. STEVENS). mitting, pursuant to law, the Board’s 2006 the United States and to cause unpar- The following enrolled bill, pre- Annual Performance Budget; to the Com- alleled violence, corruption, and harm viously signed by the Speaker of the mittee on Homeland Security and Govern- in the United States and abroad. For House, was signed today, October 19, mental Affairs. these reasons, I have determined that 2005, by the President pro tempore (Mr. EC–4273. A communication from the Direc- it is necessary to maintain economic STEVENS). tor, Office of Personnel Management, transmitting, pursuant to law, the report of a rule pressure on significant narcotics traf- H.R. 3765. An act to extend through March entitled ‘‘Retirement Credit for Certain Gov- 31, 2006, the authority of the Secretary of the fickers centered in Colombia by block- ernment Service Performed Abroad’’ Army to accept and expend funds contrib- ing their property and interests in (RIN3206–AK84) received on October 11, 2005; uted by non-Federal public entities and to property that are in the United States to the Committee on Homeland Security and expedite the processing of permits. or within the possession or control of Governmental Affairs. United States persons and by depriving f EC–4274. A communication from the Chair- man of the Council of the District of Colum- them of access to the U.S. market and MEASURES REFERRED financial system. bia, transmitting, pursuant to law, a report The following bills were read the first on D.C. Act 16–170, ‘‘Walter Reed Property GEORGE W. BUSH. Tax Exemption Reconfirmation Act of 2005’’; THE WHITE HOUSE, October 19, 2005. and the second times by unanimous consent, and referred as indicated: to the Committee on Homeland Security and f Governmental Affairs. H.R. 177. An act to amend the Reclamation MESSAGE FROM THE HOUSE EC–4275. A communication from the Chair- Wastewater and Groundwater Study and Fa- man of the Council of the District of Colum- At 2:42 p.m., a message from the cilities Act to authorize the Secretary of the bia, transmitting, pursuant to law, a report House of Representatives, delivered by Interior to participate in the Prado Basin on D.C. Act 16–171, ‘‘Prescription Drug Exces- Mr. Hays, one of its reading clerks, an- Natural Treatment System Project, to au- sive Pricing Act of 2005’’; to the Committee nounced that the House has passed the thorize the Secretary to carry out a program on Homeland Security and Governmental Af- to assist agencies in projects to construct re- fairs. following bills, in which it requests the gional brine lines in California, to authorize EC–4276. A communication from the Chair- concurrence of the Senate: the Secretary to participate in the Lower man of the Council of the District of Colum- H.R. 177. An act to amend the Reclamation Chino Dairy Area desalination demonstra- bia, transmitting, pursuant to law, a report Wastewater and Groundwater Study and Fa- tion and reclamation project, and for other on D.C. Act 16–172, ‘‘Brentwood Retail Center cilities Act to authorize the Secretary of the purposes; to the Committee on Energy and Real Property Tax Exemption Temporary Interior to participate in the Prado Basin Natural Resources. Act of 2005’’; to the Committee on Homeland Natural Treatment System Project, to au- H.R. 3549. An act to designate the facility Security and Governmental Affairs. thorize the Secretary to carry out a program of the United States Postal Service located EC–4277. A communication from the Chair- to assist agencies in projects to construct re- at 210 West 3rd Avenue in Warren, Pennsyl- man of the Council of the District of Colum- gional brine lines in California, to authorize vania, as the ‘‘William F. Clinger, Jr. Post bia, transmitting, pursuant to law, a report

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23202 CONGRESSIONAL RECORD—SENATE October 19, 2005 on D.C. Act 16–173, ‘‘District of Columbia Bus mitting, pursuant to law, the report of the S. 584. A bill to require the Secretary of Shelter Temporary Amendment Act of 2005’’; designation of an acting officer for the posi- the Interior to allow the continued occu- to the Committee on Homeland Security and tion of United States Attorney/Western Dis- pancy and use of certain land and improve- Governmental Affairs. trict of Tennessee, received on October 11, ments within Rocky Mountain National EC–4278. A communication from the Chair- 2005; to the Committee on the Judiciary. Park (Rept. No. 109–146). man of the Council of the District of Colum- EC–4289. A communication from the White By Mr. DOMENICI, from the Committee on bia, transmitting, pursuant to law, a report House Liaison, Department of Justice, trans- Energy and Natural Resources, without on D.C. Act 16–182, ‘‘Dog Park Establishment mitting, pursuant to law, the report of the amendment: Amendment Act of 2005’’; to the Committee designation of an acting officer for the posi- S. 652. A bill to provide financial assistance on Homeland Security and Governmental Af- tion of United States Attorney/Southern Dis- for the rehabilitation of the Benjamin fairs. trict of West Virginia, received on October Franklin National Memorial in Philadelphia, EC–4279. A communication from the Chair- 11, 2005; to the Committee on the Judiciary. Pennsylvania, and the development of an ex- man of the Council of the District of Colum- EC–4290. A communication from the White hibit to commemorate the 300th anniversary bia, transmitting, pursuant to law, a report House Liaison, Department of Justice, trans- of the birth of Benjamin Franklin (Rept. No. on D.C. Act 16–183, ‘‘District of Columbia mitting, pursuant to law, the report of the 109–147). Emancipation Day Alternate Date Tem- designation of an acting officer for the posi- By Mr. DOMENICI, from the Committee on porary Amendment Act of 2005’’; to the Com- tion of First Assistant, received on October Energy and Natural Resources, with an mittee on Homeland Security and Govern- 11, 2005; to the Committee on the Judiciary. amendment in the nature of a substitute: mental Affairs. EC–4291. A communication from the Sec- S. 895. A bill to direct the Secretary of the EC–4280. A communication from the Chair- retary of the Treasury, transmitting, pursu- Interior to establish a rural water supply man of the Council of the District of Colum- ant to law, a six-month periodic report on program in the Reclamation States to pro- bia, transmitting, pursuant to law, a report the national emergency declared in Execu- vide a clean, safe affordable, and reliable on D.C. Act 16–184, ‘‘Income Withholding tive Order 12978 of October 21, 1995, with re- water supply to rural residents (Rept. No. Transfer and Revision Temporary Amend- spect to significant narcotics traffickers cen- 109–148). By Mr. DOMENICI, from the Committee on ment Act of 2005’’; to the Committee on tered in Colombia; to the Committee on Energy and Natural Resources, with an Homeland Security and Governmental Af- Banking, Housing, and Urban Affairs. amendment: fairs. EC–4292. A communication from the Presi- dent, Southwestern Indian Polytechnic Insti- S. 955. A bill to direct the Secretary of the EC–4281. A communication from the Assist- Interior to conduct a special resource study ant Secretary, Policy Management and tute, Bureau of Indian Affairs, Department of the Interior, transmitting, pursuant to to determine the suitability and feasibility Budget, Department of the Interior, trans- of including in the National Park System mitting, pursuant to law, the Department’s law, a report relative to the extension of the Personnel Demonstration Project timeline certain sites in Williamson County, Ten- annual report on grants streamlining and nessee, relating to the Battle of Franklin standardization; to the Committee on En- expiration (October 31, 2005) for a period of two years; to the Committee on Indian Af- (Rept. No. 109–149). ergy and Natural Resources. By Mr. DOMENICI, from the Committee on fairs. EC–4282. A communication from the Attor- Energy and Natural Resources, with amend- ney, Office of Assistant General Counsel for EC–4293. A communication from the Sec- retary of Defense, transmitting, pursuant to ments: Legislation and Regulatory Law, Depart- S. 958. A bill to amend the National Trails law, a report in response to the Electro- ment of Energy, transmitting, pursuant to System Act to designate the Star–Spangled magnetic Pulse (EMP) Commission’s Report; law, the report of a rule entitled ‘‘Guidelines Banner Trail in the States of Maryland and to the Committee on Armed Services. for Voluntary Greenhouse Gas Reporting’’ Virginia and the District of Columbia as a EC–4294. A communication from the Under (RIN1901–AB11) received on October 11, 2005; National Historic Trail (Rept. No. 109–150). to the Committee on Energy and Natural Re- Secretary of Defense for Personnel and Read- S. 1154. A bill to extend the Acadia Na- sources. iness, transmitting, a report on the approved tional Park Advisory Commission, to provide EC–4283. A communication from the Acting retirement of Vice Admiral Gerald L. improved visitor services at the park, and for Assistant Secretary of the Interior, trans- Hoewing, United States Navy, and his ad- other purposes (Rept. No. 109–151). mitting, pursuant to law, the report of a rule vancement to the grade of vice admiral on S. 1238. A bill to amend the Public Lands entitled ‘‘Oil And Gas Leasing; Geothermal the retired list; to the Committee on Armed Corps Act of 1993 to provide for the conduct Resources Leasing; Coal Management; Man- Services. of projects that protect forests, and for other agement of Solid Minerals Other than Coal; EC–4295. A communication from the Under purposes (Rept. No. 109–152). Mineral Materials Disposal; and Mining Secretary of Defense for Personnel and Read- By Mr. DOMENICI, from the Committee on Claims Under the General Mining Laws (Cost iness, transmitting, a report on the approved Energy and Natural Resources, without Recovery)’’ (RIN1004–AC64) received on Octo- retirement of Lieutenant General Michael A. amendment: ber 11, 2005; to the Committee on Energy and Hough, United States Marine Corps, and his S. 1627. A bill to authorize the Secretary of Natural Resources. advancement to the grade of lieutenant gen- the Interior to conduct a special resources EC–4284. A communication from the Assist- eral on the retired list; to the Committee on study to evaluate resources along the coastal ant Attorney General, Office of Legislative Armed Services. region of the State of Delaware and to deter- Affairs, Department of Justice, transmit- EC–4296. A communication from the Under mine the suitability and feasibility of estab- ting, pursuant to law, a report describing the Secretary of Defense for Personnel and Read- lishing a unit of the National Park System efforts undertaken by the Department of iness, transmitting, a report on the approved in Delaware (Rept. No. 109–153). Justice (DOJ), Office of Victims of Crime retirement of General Kevin P. Byrnes, H.R. 126. A bill to amend Public Law 89–366 (OVC) during Fiscal Years 2003 and 2004; to United States Army, and the grade of lieu- to allow for an adjustment in the number of the Committee on the Judiciary. tenant general on the retired list; to the free roaming horses permitted in Cape Look- EC–4285. A communication from the Assist- Committee on Armed Services. out National Seashore (Rept. No. 109–154). ant Attorney General, Office of Legislative f H.R. 539. A bill to designate certain Na- tional Forest System land in the Common- Affairs, Department of Justice, transmit- REPORTS OF COMMITTEES ting, pursuant to law, the Office of Justice wealth of Puerto Rico as components of the Programs (OJP) Annual Report for Fiscal The following reports of committees National Wilderness Preservation System Years 2003 and 2004; to the Committee on the were submitted: (Rept. No. 109–155). Judiciary. H.R. 584. A bill to authorize the Secretary By Mr. DOMENICI, from the Committee on of the Interior to recruit volunteers to assist EC–4286. A communication from the Chair- Energy and Natural Resources, with an man, United States Commission on Civil with, or facilitate, the activities of various amendment in the nature of a substitute: agencies and offices of the Department of the Rights, transmitting, pursuant to law, a re- S. 206. A bill to designate the Ice Age port entitled ‘‘Federal Procurement After Interior (Rept. No. 109–156). Floods National Geologic Trail, and for other H.R. 606. A bill to authorize appropriations Adarand’’; to the Committee on the Judici- purposes (Rept. No. 109–144). to the Secretary of the Interior for the res- ary. By Mr. DOMENICI, from the Committee on toration of the Angel Island Immigration EC–4287. A communication from the White Energy and Natural Resources, with an Station in the State of California (Rept. No. House Liaison, Department of Justice, trans- amendment in the nature of a substitute and 109–157). mitting, pursuant to law, the report of the an amendment to the title: designation of an acting officer for the posi- S. 242. A bill to establish 4 memorials to f tion of United States Attorney/Western Dis- the Space Shuttle Columbia in the State of EXECUTIVE REPORTS OF trict of Oklahoma, received on October 11, Texas (Rept. No. 109–145). COMMITTEES 2005; to the Committee on the Judiciary. By Mr. DOMENICI, from the Committee on EC–4288. A communication from the White Energy and Natural Resources, with an The following executive reports of House Liaison, Department of Justice, trans- amendment in the nature of a substitute: committees were submitted:

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23203 By Mr. ENZI for the Committee on Health, feasible and prudent transportation of oil ADDITIONAL COSPONSORS Education, Labor, and Pensions. and gas in and from the Coastal Plain, and *John O. Agwunobi, of Florida, to be an As- for other purposes; to the Committee on En- S. 385 sistant Secretary of Health and Human Serv- ergy and Natural Resources. At the request of Mr. FEINGOLD, his ices. By Mr. MCCAIN (for himself and Mr. name was added as a cosponsor of S. *Mark S. Schneider, of the District of Co- DORGAN): 385, a bill to amend the Food Security lumbia, to be Commissioner of Education S. 1892. A bill to amend Public Law 107–153 Act of 1985 to restore integrity to and Statistics for a term expiring June 21, 2009. to modify a certain date; to the Committee strengthen payment limitation rules *Bertha K. Madras, of Massachusetts, to be on Indian Affairs. for commodity payments and benefits. Deputy Director for Demand Reduction, Of- By Mr. SANTORUM: fice of National Drug Control Policy. S. 1893. A bill to permit biomedical re- S. 513 *Diane Rivers, of Arkansas, to be a Mem- search corporations to engage in certain At the request of Mr. GREGG, the ber of the National Commission on Libraries financings and other transactions without name of the Senator from Washington and Information Science for a term expiring incurring limitations on net operating loss (Ms. CANTWELL) was added as a cospon- July 19, 2009. carryforwards and certain built-in losses, sor of S. 513, a bill to provide collective *Sandra Frances Ashworth, of Idaho, to be and for other purposes; to the Committee on a Member of the National Commission on Li- Finance. bargaining rights for public safety offi- braries and Information Science for a term By Mr. INHOFE (for himself, Mr. cers employed by States or their polit- expiring July 19, 2009. ROCKEFELLER, Ms. LANDRIEU, and Mr. ical subdivisions. *Jan Cellucci, of Massachusetts, to be a CRAIG): S. 769 Member of the National Commission on Li- S. 1894. A bill to amend part E of title IV At the request of Ms. SNOWE, the braries and Information Science for a term of the Social Security Act to provide for the name of the Senator from Texas (Mr. expiring July 19, 2009. making of foster care maintenance payments *Christine M. Griffin, of Massachusetts, to to private for-profit agencies; considered and CORNYN) was added as a cosponsor of S. be a Member of the Equal Employment Op- passed. 769, a bill to enhance compliance as- portunity Commission for a term expiring By Mr. ENSIGN (for himself, Mr. sistance for small businesses. July 1, 2009. INHOFE, and Mr. DEMINT): S. 859 *Naomi Churchill Earp, of Virginia, to be a S. 1895. A bill to return meaning to the At the request of Mr. SANTORUM, the Member of the Equal Employment Oppor- Fifth Amendment by limiting the power of name of the Senator from Nevada (Mr. tunity Commission for a term expiring July eminent domain; to the Committee on Fi- 1, 2010. nance. ENSIGN) was added as a cosponsor of S. *Mark Hofflund, of Idaho, to be a Member By Mr. SANTORUM: 859, a bill to amend the Internal Rev- of the National Council on the Arts for the S. 1896. A bill to permit access to Federal enue Code of 1986 to allow an income remainder of the term expiring September 3, crime information databases by educational tax credit for the provision of home- 2008. agencies for certain purposes; to the Com- ownership and community develop- *John O. Agwunobi, of Florida, to be Med- mittee on the Judiciary. ment, and for other purposes. ical Director in the Regular Corps of the By Mr. CORZINE (for himself and Mr. S. 1016 Public Health Service, subject to the quali- DODD): fications therefore as provided by law and S. 1897. A bill to amend the Forest and At the request of Mr. MARTINEZ, the regulations. Rangeland Renewable Resources Planning name of the Senator from California *Nomination was reported with rec- Act of 1974 and related laws to strengthen (Mrs. FEINSTEIN) was added as a co- ommendation that it be confirmed sub- the protection of native biodiversity and ban sponsor of S. 1016, a bill to direct the ject to the nominee’s commitment to clearcutting on Federal land, and to des- Secretary of Energy to make incentive ignate certain Federal land as Ancient for- payments to the owners or operators of respond to requests to appear and tes- ests, roadless areas, watershed protection tify before any duly constituted com- areas, and special areas where logging and qualified desalination facilities to par- mittee of the Senate. other intrusive activities are prohibited; to tially offset the cost of electrical en- f the Committee on Energy and Natural Re- ergy required to operate the facilities, sources. and for other purposes. INTRODUCTION OF BILLS AND S. 1038 JOINT RESOLUTIONS f At the request of Mr. LUGAR, the The following bills and joint resolu- SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS name of the Senator from Indiana (Mr. tions were introduced, read the first BAYH) was added as a cosponsor of S. and second times by unanimous con- The following concurrent resolutions 1038, a bill to amend the Farm Security sent, and referred as indicated: and Senate resolutions were read, and and Rural Investment Act of 2002 to en- By Mr. KERRY (for himself, Mr. KEN- referred (or acted upon), as indicated: hance the ability to produce fruits and NEDY, and Mr. JEFFORDS): By Mr. DODD (for himself, Mr. ENSIGN, vegetables on covered commodity base S. 1887. A bill to authorize the conduct of Mr. AKAKA, Mrs. BOXER, Mr. BURNS, acres. small projects for the rehabilitation or re- Mr. BURR, Ms. CANTWELL, Mr. CAR- S. 1081 moval of dams; to the Committee on Envi- PER, Mrs. CLINTON, Mr. COCHRAN, Ms. ronment and Public Works. COLLINS, Mr. CORNYN, Mr. CORZINE, At the request of Mr. KYL, the name By Mr. JEFFORDS (for himself and Mr. DAYTON, Mr. DURBIN, Mr. FEIN- of the Senator from South Carolina Mr. FEINGOLD): GOLD, Mrs. FEINSTEIN, Mr. INOUYE, (Mr. DEMINT) was added as a cosponsor S. 1888. A bill to provide for 2 programs to Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, of S. 1081, a bill to amend title XVIII of authorize the use of leave by caregivers for Mr. LAUTENBERG, Mr. LEVIN, Mr. LIE- the Social Security Act to provide for family members of certain individuals per- BERMAN, Ms. MIKULSKI, Ms. MUR- a minimum update for physicians’ serv- forming military service, and for other pur- KOWSKI, Mrs. MURRAY, Mr. NELSON of ices for 2006 and 2007. poses; to the Committee on Homeland Secu- Nebraska, Mr. REID, Mr. SALAZAR, rity and Governmental Affairs. Ms. SNOWE, Mr. SPECTER, and Ms. S. 1120 By Mr. HAGEL: STABENOW): At the request of Mr. DURBIN, the S. 1889. A bill to establish the Comprehen- S. Res. 280. A resolution supporting names of the Senator from Massachu- sive Entitlement Reform Commission; to the ‘‘Lights On Afterschool’’, a national celebra- setts (Mr. KENNEDY) and the Senator Committee on Finance. tion of after school programs; considered and from North Dakota (Mr. DORGAN) were By Mr. BAUCUS (for himself, Mr. agreed to. GRASSLEY, and Mr. MCCAIN): By Mr. FRIST (for himself and Mr. added as cosponsors of S. 1120, a bill to S. 1890. A bill to amend the Internal Rev- REID): reduce hunger in the United States by enue Code of 1986 to deny a deduction for cer- S. Res. 281. A resolution honoring and half by 2010, and for other purposes. tain fines, penalties, and other amounts; to thanking James Patrick Rohan; considered S. 1139 the Committee on Finance. and agreed to. At the request of Mr. SANTORUM, the By Ms. MURKOWSKI (for herself, Mr. By Mr. BROWNBACK: name of the Senator from Indiana (Mr. STEVENS, Mr. AKAKA, and Mr. S. Con. Res. 59. A concurrent resolution INOUYE): recognizing the 40th anniversary of the BAYH) was added as a cosponsor of S. S. 1891. A bill to authorize the leasing, de- White House Fellows Program; to the Com- 1139, a bill to amend the Animal Wel- velopment, production, and economically mittee on the Judiciary. fare Act to strengthen the ability of

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Res. 46, a concurrent Minnesota (Mr. COLEMAN) and the Sen- Internal Revenue Code of 1986 to allow resolution expressing the sense of the ator from California (Mrs. FEINSTEIN) individuals to defer recognition of rein- Congress that the Russian Federation were added as cosponsors of S. 1272, a vested capital gains distributions from should fully protect the freedoms of all bill to amend title 46, United States regulated investment companies. religious communities without distinc- Code, and title II of the Social Security S. 1793 tion, whether registered and unregis- Act to provide benefits to certain indi- At the request of Mr. BINGAMAN, the tered, as stipulated by the Russian viduals who served in the United names of the Senator from Kansas (Mr. Constitution and international stand- States merchant marine (including the BROWNBACK) and the Senator from Illi- ards. Army Transport Service and the Naval nois (Mr. DURBIN) were added as co- S. RES. 180 Transport Service) during World War sponsors of S. 1793, a bill to extend cer- At the request of Mr. SCHUMER, the II. tain apportionments to primary air- name of the Senator from New Jersey S. 1353 ports. (Mr. CORZINE) was added as a cosponsor At the request of Mr. REID, the name S. 1795 of S. Res. 180, a resolution supporting of the Senator from Indiana (Mr. BAYH) At the request of Mr. JOHNSON, the the goals and ideals of a National was added as a cosponsor of S. 1353, a name of the Senator from California Epidermolysis Bullosa Awareness Week bill to amend the Public Health Serv- (Mrs. BOXER) was added as a cosponsor to raise public awareness and under- ice Act to provide for the establish- of S. 1795, a bill to amend the Social standing of the disease and to foster ment of an Amyotrophic Lateral Scle- Security Act to protect Social Security understanding of the impact of the dis- rosis Registry. cost-of-living adjustments (COLA). ease on patients and their families. S. 1405 S. 1813 S. RES. 273 At the request of Mr. NELSON of Ne- At the request of Mr. CRAIG, the At the request of Mr. COLEMAN, the braska, the names of the Senator from name of the Senator from Maryland name of the Senator from Florida (Mr. Massachusetts (Mr. KERRY), the Sen- (Ms. MIKULSKI) was added as a cospon- MARTINEZ) was added as a cosponsor of ator from West Virginia (Mr. ROCKE- sor of S. 1813, a bill to amend titles 10 S. Res. 273, a resolution expressing the FELLER), the Senator from Montana and 38 of the United States Code, to sense of the Senate that the United Na- (Mr. BURNS) and the Senator from New modify the circumstances under which tions and other international organiza- York (Mr. SCHUMER) were added as co- a person who has committed a capital tions shall not be allowed to exercise sponsors of S. 1405, a bill to extend the offense is denied certain burial-related control over the Internet. 50 percent compliance threshold used benefits and funeral honors. AMENDMENT NO. 2063 to determine whether a hospital or S. 1841 At the request of Mr. KENNEDY, the unit of a hospital is an inpatient reha- At the request of Mr. NELSON of Flor- names of the Senator from Maryland bilitation facility and to establish the ida, the names of the Senator from Illi- (Ms. MIKULSKI) and the Senator from National Advisory Council on Medical nois (Mr. DURBIN), the Senator from Michigan (Mr. LEVIN) were added as co- Rehabilitation. New York (Mrs. CLINTON) and the Sen- sponsors of amendment No. 2063 pro- S. 1597 ator from Washington (Mrs. MURRAY) posed to H.R. 3058, a bill making appro- At the request of Mrs. CLINTON, the were added as cosponsors of S. 1841, a priations for the Departments of name of the Senator from Colorado bill to amend title XVIII of the Social Transportation, Treasury, and Housing (Mr. SALAZAR) was added as a cospon- Security Act to provide extended and and Urban Development, the Judiciary, sor of S. 1597, a bill to award post- additional protection to Medicare District of Columbia, and independent humously a Congressional gold medal beneficiaries who enroll for the Medi- agencies for the fiscal year ending Sep- to Constantino Brumidi. care prescription drug benefit during tember 30, 2006, and for other purposes. S. 1700 2006. At the request of Mr. DURBIN, his At the request of Mr. COBURN, the S. 1860 name was added as a cosponsor of name of the Senator from Missouri At the request of Mr. DOMENICI, the amendment No. 2063 proposed to H.R. (Mr. TALENT) was added as a cosponsor name of the Senator from California 3058, supra. of S. 1700, a bill to establish an Office (Mrs. FEINSTEIN) was added as a co- AMENDMENT NO. 2065 of the Hurricane Katrina Recovery sponsor of S. 1860, a bill to amend the At the request of Mr. BINGAMAN, the Chief Financial Officer, and for other Energy Policy Act of 2005 to improve names of the Senator from Pennsyl- purposes. energy production and reduce energy vania (Mr. SPECTER), the Senator from S. 1706 demand through improved use of re- West Virginia (Mr. ROCKEFELLER) and At the request of Mr. ALLEN, the claimed waters, and for other purposes. the Senator from Illinois (Mr. DURBIN) name of the Senator from Georgia (Mr. S. 1873 were added as cosponsors of amend- ISAKSON) was added as a cosponsor of S. At the request of Mr. BURR, the name ment No. 2065 intended to be proposed 1706, a bill to amend the Internal Rev- of the Senator from North Carolina to H.R. 3058, a bill making appropria- enue Code of 1986 to provide that dis- (Mrs. DOLE) was added as a cosponsor tions for the Departments of Transpor- tributions from a section 401(k) plan or of S. 1873, a bill to prepare and tation, Treasury, and Housing and a section 403(b) contract shall not be strengthen the biodefenses of the Urban Development, the Judiciary, includible in gross income to the ex- United States against deliberate, acci- District of Columbia, and independent tent used to pay long-term care insur- dental, and natural outbreaks of ill- agencies for the fiscal year ending Sep- ance premiums. ness, and for other purposes. tember 30, 2006, and for other purposes. S. 1735 S. 1880 AMENDMENT NO. 2070 At the request of Ms. CANTWELL, the At the request of Mr. KENNEDY, the At the request of Ms. COLLINS, the name of the Senator from South Da- names of the Senator from Illinois (Mr. names of the Senator from North Da- kota (Mr. JOHNSON) was added as a co- DURBIN) and the Senator from Rhode kota (Mr. DORGAN) and the Senator sponsor of S. 1735, a bill to improve the Island (Mr. REED) were added as co- from Oregon (Mr. WYDEN) were added Federal Trade Commissions’s ability to sponsors of S. 1880, a bill to amend the as cosponsors of amendment No. 2070 protect consumers from price-gouging Public Health Service Act to enhance proposed to H.R. 3058, a bill making ap- during energy emergencies, and for biodefense and pandemic preparedness propriations for the Departments of other purposes. activities, and for other purposes. Transportation, Treasury, and Housing

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and Urban Development, the Judiciary, DEWINE) was added as a cosponsor of For that reason, I am introducing a District of Columbia, and independent amendment No. 2108 intended to be pro- bill to give the Army Corps of Engi- agencies for the fiscal year ending Sep- posed to H.R. 3058, a bill making appro- neers the ability to intervene to repair tember 30, 2006, and for other purposes. priations for the Departments of privately-owned dams for the sake of AMENDMENT NO. 2072 Transportation, Treasury, and Housing public safety. That way, the Corps can At the request of Mr. BOND, the name and Urban Development, the Judiciary, help in the kind of effort Governor of the Senator from Washington (Mrs. District of Columbia, and independent Romney is now undertaking to inspect MURRAY) was added as a cosponsor of agencies for the fiscal year ending Sep- and strengthen dams across the State. amendment No. 2072 proposed to H.R. tember 30, 2006, and for other purposes. Senator KENNEDY is co-sponsoring this 3058, a bill making appropriations for f bill, and we will work together to make the Departments of Transportation, it law. Treasury, and Housing and Urban De- STATEMENTS ON INTRODUCED velopment, the Judiciary, District of BILLS AND JOINT RESOLUTIONS By Mr. JEFFORDS (for himself Columbia, and independent agencies By Mr. KERRY (for himself, Mr. and Mr. FEINGOLD): for the fiscal year ending September 30, KENNEDY, and Mr. JEFFORDS): S. 1888. A bill to provide for 2 pro- 2006, and for other purposes. S. 1887. A bill to authorize the con- grams to authorize the use of leave by AMENDMENT NO. 2074 duct of small projects for the rehabili- caregivers for family members of cer- At the request of Mr. SANTORUM, the tation or removal of dams; to the Com- tain individuals performing military name of the Senator from Idaho (Mr. mittee on Environment and Public service, and for other purposes; to the CRAPO) was added as a cosponsor of Works. Committee on Homeland Security and amendment No. 2074 intended to be pro- Mr. KERRY. Mr. President, today I Governmental Affairs. posed to H.R. 3058, a bill making appro- joined Senator KENNEDY, Representa- Mr. JEFFORDS. Mr. President, today priations for the Departments of tive FRANK, Governor Romney and I am pleased to introduce the Military Transportation, Treasury, and Housing Mayor Robert Nunes on a tour of the Family Support Act of 2005 with my and Urban Development, the Judiciary, deteriorating dam in Taunton, MA. colleague and friend from Wisconsin, District of Columbia, and independent The dam buckled earlier this week Senator RUSS FEINGOLD. Our bill will agencies for the fiscal year ending Sep- under the pressure of heavy rain. Since help military families ease the stress tember 30, 2006, and for other purposes. the beginning of this month, Taunton caused by long-term absences due to AMENDMENT NO. 2075 has received 111⁄2 inches of rain, with deployments overseas. At the request of Mr. FRIST, the more than 7 inches of that from Friday I was contacted a few months back names of the Senator from North Caro- through Sunday. by a group of Vermonters looking for a lina (Mrs. DOLE), the Senator from As of this morning, the city remained way to help their coworkers with fam- Michigan (Ms. STABENOW) and the Sen- under a state of emergency and there ily in the Vermont National Guard. ator from New York (Mrs. CLINTON) was still a significant amount of water When a member of the armed forces is were added as cosponsors of amend- behind the Whittenton Pond Dam on activated and deployed, family struc- ment No. 2075 intended to be proposed the Mill River. In speaking with local tures and daily functioning are se- to H.R. 3058, a bill making appropria- officials, they expressed fear that a verely affected. The day-to-day life of tions for the Departments of Transpor- major break in the dam could send 6 families is, in many cases, more than a tation, Treasury, and Housing and feet of water surging through down- one-person job. Any absence, especially Urban Development, the Judiciary, town Taunton, flooding businesses and absences of several months due to a de- District of Columbia, and independent destroying homes. ployment overseas, can be debilitating agencies for the fiscal year ending Sep- For now, the situation is under con- to family life. The stories of soldiers tember 30, 2006, and for other purposes. trol but still extremely volatile. It ap- and their families from Enosburg Falls, AMENDMENT NO. 2077 pears we may have gotten lucky—but VT, were told very poignantly in a At the request of Mr. REED, the just because the waters are receding piece reported by the Los Angeles names of the Senator from Connecticut doesn’t mean our work is through. Times. Enosburg and neighboring com- (Mr. DODD), the Senator from Illinois Doing everything possible means the munities have contributed a dispropor- (Mr. OBAMA), the Senator from Rhode Federal Government has to give may- tionately high number of National Island (Mr. CHAFEE) and the Senator ors and governors every tool they need Guard troops to Operation Iraqi Free- from Maryland (Mr. SARBANES) were to protect their communities. dom. Because of this, Enosburg’s men added as cosponsors of amendment No. Today, the Army Corps of Engineers and women have felt the pains of sepa- 2077 proposed to H.R. 3058, a bill mak- can help in Taunton only because it’s ration and long deployments more than ing appropriations for the Departments an emergency—and everyone who has most. Enosburg and surrounding towns of Transportation, Treasury, and Hous- been praying that the dam doesn’t and villages should be proud of the sac- ing and Urban Development, the Judi- break knows just what an emergency rifices made by their men and women ciary, District of Columbia, and inde- this has been. But according to the in uniform and by those employers and pendent agencies for the fiscal year law, it’s only at that point of no return family members who remained at ending September 30, 2006, and for that the Corps can step in. The Army home. Vermont is a place where neigh- other purposes. Corps of Engineers has no authority to bors help neighbors and I am proud of AMENDMENT NO. 2078 try to prevent a situation like this. Be- all the people throughout the state At the request of Mr. DORGAN, the fore the water came pouring through who have given so much support to names of the Senator from Minnesota and 2,000 people were evacuated from Guard families. (Mr. DAYTON) and the Senator from Il- their homes, the Corps was powerless The Military Family Support Act of linois (Mr. DURBIN) were added as co- to fix this dam. 2005 is a straightforward bill that pro- sponsors of amendment No. 2078 pro- But it’s not just on the Mill River— poses two pilot programs. The first posed to H.R. 3058, a bill making appro- we have 3,000 privately-owned dams in pilot program, administered by the Of- priations for the Departments of Massachusetts. The Army Corps of En- fice of Personnel Management, OPM, Transportation, Treasury, and Housing gineers shouldn’t be handcuffed by bu- would authorize Federal employees, and Urban Development, the Judiciary, reaucratic red tape until we reach the who have been designated by a member District of Columbia, and independent point of a make-it-or-break-it crisis. If of the Armed Forces as ‘‘caregivers’’, agencies for the fiscal year ending Sep- Hurricane Katrina taught us anything, as defined by the Department of De- tember 30, 2006, and for other purposes. it’s that we can’t let bureaucracy get fense, DOD, to use their leave in a AMENDMENT NO. 2108 in the way of preventing a pending dis- more flexible manner. No new leave At the request of Mr. VOINOVICH, the aster or responding to a looming would be conferred to any employees. name of the Senator from Ohio (Mr. threat. This bill simply makes leave already

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23206 CONGRESSIONAL RECORD—SENATE October 19, 2005 available more useful during stressful Children send sports scores by e-mail to fa- boss. ‘‘If you look at it any other way, you times for military families. The second thers who never missed a game until now. are kidding yourself. Nobody is going to pro- pilot program would be established by Elderly parents arrange rides to doctors’ ap- tect our lifestyle if we don’t do it. This is a the Department of Labor, DOL, to so- pointments because their sons are not there necessary, continuing commitment.’’ to drive them. As teller Jeannie West cashes paychecks licit businesses to voluntarily take Businesses are stretched thin. Matt Tracy and processes mortgage payments at Mer- part in a program to offer more accom- says his workload at LaRose Texaco has tri- chants Bank on Main Street, she glances at modating leave to their employees. pled. Tammie Randall, hired strictly to a snapshot thumbtacked to her work station. This bill does not include in its scope pump gas, keeps the books, handles the pay- It shows four men in camouflage—all family the Family Medical Leave Act, FMLA, roll and washes the service vehicles. members who have been called up. The last and it does not require any private sec- Five of the 98 employees at Blue Seal to be summoned was her son Joshua, 22, who tor entity to participate. The goal of Feeds are gone. An electric candle glows in left college in nearby Burlington when he their honor at the main entrance to the was sent to Iraq in January. the Military Family Support Act is to grain and animal feed company, and five West, 49, considers it an honor when cus- make life a little easier for those who enormous yellow ribbons hang from a six- tomers ask about her son, and tell her they are already giving so much to our story silo. are proud that a boy from Enosburg Falls is country and to their communities. ‘‘Everyone is working extra hard, and we representing the United States in Iraq. I ask unanimous consent that a May have gone to a temp agency to try to fill the ‘‘I could not imagine living somewhere 2, 2005, article from the Los Angeles vacancies,’’ said plant manager Paul where people did not feel like this,’’ she said. Still, West said: ‘‘The town seems sadder Times be printed in the RECORD. I also Adamczak. ‘‘It affects us because we have because everybody talks about the guys who ask unanimous consent that the text of lost people with years of experience. You can’t replace that. We have lost skill, not are gone. Everyone here went to school with the Military Family Support Act of just employees.’’ somebody in the Guard. Everybody knows 2005 be printed in RECORD. Adamczak’s son, Mike, 33, was among the someone. Everyone is connected, somehow, There being no objection, the mate- plant workers deployed. to someone who is over there.’’ rials were printed in the RECORD, as Like the town, the father remains stoic. As their fathers and grandfathers did, follows: ‘‘We’re Vermonters,’’ Adamczak said. ‘‘We’re many young people here enlist in the mili- [From the Los Angeles Times, May 2, 2005] not the great vocal communicators. This is tary straight out of high school. When they something you think about, something you return home, they often join the Guard— A TOWN CALLED TO DUTY feel every day—but something you don’t say signing up for extra income, and for an op- (By Elizabeth Mehren) anything about.’’ portunity to continue to serve. FOR A RURAL VERMONT COMMUNITY, THE CON- Quietly, neighbors pitch in to help the Edward Grossman, principal of Enosburg FLICT IN IRAQ HITS HOME. WITH ITS GUARDS- families of those who have left. Donna Falls High School, said support for the mili- MEN DEPLOYED, LOCALS BAND TOGETHER TO Magnant, a first-grade teacher’s aide whose tary effort was so strong that when he sur- COVER THEIR ABSENCE husband, Raymond, and son Jon were de- veyed his 375 students about starting an For four years, Matt Tracy spent his days ployed, said the snow on her driveway and ROTC program, half said they wanted one. pumping gas and repairing car engines at walkway seemed to magically disappear all The program will begin in the fall. Mark LaRose’s Texaco on Main Street. At winter, as friends dropped by to shovel and When Bravo Company was deployed from night, the 33-year-old father of two studied plow. St. Albans in December, the students pressed law. He fended off frequent entreaties from The Magnants were engaged to be married so hard to see the ceremony that Grossman military recruiters and held fast to his when Raymond went to Vietnam with the arranged for a live broadcast in the school dream of becoming a litigator. Army almost 40 years ago, right out of high auditorium. As cameras panned on the unit, Then in December, LaRose was called up school. Both have lived in Enosburg Falls Grossman, 55, heard squeals of recognition: for active duty, along with the entire Na- their entire lives. ‘‘There’s my cousin!’’ ‘‘There’s my brother!’’ tional Guard unit in this remote, rural town ‘‘Neither one of us, I am sure, thought we ‘‘There’s my dad!’’ of 1,473. The deployment of 88 men in Com- would have to face something like this Enosburg Falls nestles in low hills in pany B, 1st Battalion, 172nd Armor Regi- again,’’ said Magnant, 58. northwestern Vermont, 10 miles from the Ca- ment, 42nd Infantry Division—better known All 63 assigned members of Bravo Company nadian border. Most of the town was built in as Bravo Company—has touched just about are in Iraq. Of the 25 support soldiers at- the 19th century, starting when the first everyone in the area. tached to the unit, most are training at dairy farm was settled in 1806. In a quarter- For Tracy, it meant his plans to exchange Camp Shelby, Miss., and will head to the mile commercial district, Radio Shack and his wrench for an attache case went on hold. Middle East soon; a handful found they had the Family Dollar store stand out as fran- ‘‘Right now I am just going to be a well- medical conditions that prevented them chises among locally owned enterprises like educated mechanic,’’ he said, his voice de- from serving overseas. The unit is scheduled Leon’s Kitchen. void of any emotion beyond simple resigna- to be gone for 18 months. Though women There is almost 100% employment. Three- tion. ‘‘There is a point where you just have have belonged to the unit in the past, Bravo quarters of the population graduates from to accept it. What Mark has to do over there Company is all male at this time. high school, going on to earn an average an- is much worse and much more of a sacrifice Bravo Company joined about 1,400 other nual income of $32,000. They are laborers at than whatever I have to give up here.’’ members of the Vermont Guard who had the feed company and a pulp mill. They drive Two years into the war, many Americans been called up in recent months, nearly half trucks. They are mechanics, cashiers and of- have become numb to the conflict in Iraq. the state’s roster—making Vermont second fice workers. Many work on dairy farms. Though the war is a nightly news event, it is only to Hawaii in the per capita call-up of Some have jobs at an IBM plant 45 minutes far away and is beyond any individual’s con- guardsmen. The Hawaiian units, however, in- away. trol. But in this small Vermont town, the clude people from other states. The Vermont Enosburg Falls is surrounded by villages, war could not be more personal. guardsmen come from their home state. bringing the population of the region resi- Town meetings now take place without Se- The average age of the men deployed from dents refer to as Enosburg to about 2,500. lectman Brian Westcom, who also is the road Bravo Company is 40, but some are old The area’s uncommon stability has helped commissioner. Chris Beaudry, who works for enough to have grandchildren. At least a it withstand the loss of the guardsmen. But the state highway department, was not third have served in the Guard for 20 years or there are signs everywhere that the men are around to clear the roads during an espe- more. not forgotten. cially snowy winter. Firefighter Shawn Answering the call of their country is Yellow ribbons cling to door knockers, Blake is gone along with LaRose, the service something people in Enosburg Falls do, not lampposts and bay windows. Nine houses on station owner who also is the volunteer fire something they question. If there is opposi- Duffy Hill, a 11⁄2-mile road, are draped with chief. tion to the war, people keep it to themselves, blue-star banners, indicating a soldier on ac- Dennis Sheridan will not be coaching soc- deferring to the prevailing sentiment of pa- tive duty. A nearby trailer boasts a sign: cer at the junior high his son Tyler attends, triotism. ‘‘Gone to Iraq, Be Back in 18 Months.’’ and the school does not know who will re- ‘‘Most people around here would go if they Jars filled with pennies, nickels and dimes place him. Jimmy Gleason, a school bus driv- were asked,’’ said Steve Tracy, who works at sit on office counters. The coins pay for poster who also maintained the fleet, is absent. Blue Seal Feeds. ‘‘Basically, it is how we age to send goodie boxes to the guardsmen. The hunter safety class held twice a year by were brought up.’’ Cars and pickups sport magnets honoring Eric Chates—who also works as the me- Tracy, 55—no relation to Matt Tracy—has Bravo Company. A busy local restaurant, the chanic for the Enosburg Armory—has been five family members in the Guard: two sons, Abbey, offers 50% discounts to Guard fami- canceled. a nephew, a son-in-law and a brother-in-law. lies. Each day brings new evidence of the men’s ‘‘It has just become our community’s price Every other Saturday, Lise Gates, 50, turns absence: Wives attend social functions alone. for the way we live,’’ said Adamczak, his her arcade and bowling alley over to children

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23207 of the guardsmen so their mothers can have SEC. 2. PROGRAMS FOR USE OF LEAVE BY CARE- scribe regulations to carry out this sub- a break. Gates, who has no relatives in Bravo GIVERS FOR FAMILY MEMBERS OF section. INDIVIDUALS PERFORMING CER- Company, e-mails photographs of the kids at (6) TERMINATION.—The program under this TAIN MILITARY SERVICE. play to their dads. subsection shall terminate on December 31, They thank her and she wonders why. (a) FEDERAL EMPLOYEES PROGRAM.— 2007. ‘‘Why thank me, when they’re the ones (1) DEFINITIONS.—In this subsection: (b) VOLUNTARY PRIVATE SECTOR LEAVE putting their lives on the line so we can be (A) CAREGIVER.—The term ‘‘caregiver’’ PROGRAM.— safe?’’ Gates said. ‘‘I think a majority of means an individual who— them wanted to go because they felt if they (i) is an employee; (1) DEFINITIONS.— didn’t, a war was going to happen right here. (ii) is at least 21 years of age; and (A) CAREGIVER.—The term ‘‘caregiver’’ A lot of us here feel that way.’’ (iii) is capable of self care and care of chil- means an individual who— The elementary school started its own sup- dren or other dependent family members of a (i) is an employee; port group for Guard children. An English qualified member of the Armed Forces. (ii) is at least 21 years of age; and (iii) is capable of self care and care of chil- teacher at Enosburg Falls High assigned her (B) COVERED PERIOD OF SERVICE.—The term students to write an essay comparing a re- ‘‘covered period of service’’ means any period dren or other dependent family members of a cent graduate—who has served twice in of service performed by an employee as a qualified member of the Armed Forces. Iraq—to Beowulf, a great Scandinavian war- caregiver while the individual who des- (B) COVERED PERIOD OF SERVICE.—The term rior from the 6th century. The graduate, Ben ignated the caregiver under paragraph (3) re- ‘‘covered period of service’’ means any period Pathode, has two brothers at the school. mains a qualified member of the Armed of service performed by an employee as a School secretary Debbie Shover’s 22-year- Forces. caregiver while the individual who des- old nephew is in Iraq. Shover, 50, said that (C) EMPLOYEE.—The term ‘‘employee’’ has ignated the caregiver under paragraph (4) re- since the guardsmen shipped out towns- the meaning given under section 6331 of title mains a qualified member of the Armed people thought in terms of days, not months 5, United States Code. Forces. or years. (D) FAMILY MEMBER.—The term ‘‘family (C) EMPLOYEE.—The term ‘‘employee’’ Enosburg Falls, she said, has unofficially member’’ includes— means an employee of a business entity par- adopted a new way of telling time. ‘‘Now, (i) individuals for whom the qualified ticipating in the program under this sub- today, another day we can mark off. And member of the Armed Forces provides med- section. then, when they come home. Nothing in be- ical, financial, and logistical support (such (D) FAMILY MEMBER.—The term ‘‘family tween.’’ member’’ includes— When a fire broke out on Main Street one as housing, food, clothing, or transportation); and (i) individuals for whom the qualified cold night in February, the guardsmen’s ab- member of the Armed Forces provides med- sence seemed more glaring than usual. The (ii) children under the age of 19 years, el- ical, financial, and logistical support (such blaze demolished an entire block of eight derly adults, persons with disabilities, and as housing, food, clothing, or transpor- apartments and five businesses—among other persons who are unable to care for tation); and them, a furniture company. themselves in the absence of the qualified Firefighters converged from as far as Que- member of the Armed Forces. (ii) children under the age of 19 years, el- bec. But LaRose, the volunteer fire captain, (E) QUALIFIED MEMBER OF THE ARMED derly adults, persons with disabilities, and was missing. LaRose, 49, Bravo Company’s FORCES.—The term ‘‘qualified member of the other persons who are unable to care for command sergeant major, is known for his Armed Forces’’ means— themselves in the absence of the qualified ability to take charge in an emergency. He (i) a member of a reserve component of the member of the Armed Forces. joined the Guard almost 30 years ago. Armed Forces as described under section (E) QUALIFIED MEMBER OF THE ARMED ‘‘We put the fire out,’’ said Town Adminis- 10101 of title 10, United States Code, who has FORCES.—The term ‘‘qualified member of the trator Harold Foote. ‘‘But we really missed received notice to report to, or is serving on, Armed Forces’’ means— him.’’ active duty in the Armed Forces in support (i) a member of a reserve component of the Foote, 49, said he was worried about what of a contingency operation as defined under Armed Forces as described under section would happen when the spring floods started. section 101(a)(13) of title 10, United States 10101 of title 10, United States Code, who has In the past, the Guard unit stacked sandbags Code; or received notice to report to, or is serving on, to halt onrushing waters. The June Dairy (ii) a member of the Armed Forces on ac- active duty in the Armed Forces in support Festival—the town’s biggest event of the tive duty who is eligible for hostile fire or of a contingency operation as defined under year—also concerns him, because guardsmen imminent danger special pay under section section 101(a)(13) of title 10, United States traditionally manage the crowds and traffic. 310 of title 37, United States Code. Code; or ‘‘It sounds like small things, but it really (2) ESTABLISHMENT OF PROGRAM.—The Of- (ii) a member of the Armed Forces on ac- confuses a community when you are used to fice of Personnel Management shall establish tive duty who is eligible for hostile fire or relying on a group of guys like this,’’ Foote a program to authorize a caregiver to— imminent danger special pay under section said. ‘‘And we haven’t gone through a whole (A) use any sick leave of that caregiver 310 of title 37, United States Code. year’s cycle yet.’’ during a covered period of service in the (2) ESTABLISHMENT OF PROGRAM.— LaRose’s gas station, with its big red Tex- same manner and to the same extent as an- (A) IN GENERAL.—The Secretary of Labor aco star sign, is a local landmark—the only nual leave is used; and shall establish a program to authorize em- service station for miles where customers (B) use any leave available to that care- ployees of business entities described under can still get their gas pumped and their giver under subchapter III or IV of chapter 63 paragraph (3) to use sick leave, or any other windshields cleaned without getting out of of title 5, United States Code, during a cov- leave available to an employee, during a cov- their cars. ered period of service as though that covered ered period of service in the same manner ‘‘Mark kept it like that, religiously,’’ Matt period of service is a medical emergency. and to the same extent as annual leave (or Tracy said. He has vowed to maintain his (3) DESIGNATION OF CAREGIVER.— its equivalent) is used. boss’ high service standards: ‘‘It is our re- (A) IN GENERAL.—A qualified member of (B) EXCEPTION.—Subparagraph (A) shall sponsibility to keep it like that until he gets the Armed Forces shall submit a written des- not apply to leave made available under the back.’’ ignation of the individual who is the care- Family and Medical Leave Act of 1993 (29 Tracy said he and his boss used to confer giver for any family member of that member U.S.C. 2601 et seq.). on minor problems and emergencies alike. of the Armed Forces during a covered period (3) VOLUNTARY BUSINESS PARTICIPATION.— Now he has no one to turn to. ‘‘Mark was a of service to the employing agency and the The Secretary of Labor shall solicit business leader,’’ he said, ‘‘not just with the National Office of Personnel Management. entities to voluntarily participate in the pro- Guard or the fire department. He was my (B) DESIGNATION OF SPOUSE.—Notwith- gram under this subsection. leader too.’’ standing paragraph (1)(A)(ii), an individual (4) DESIGNATION OF CAREGIVER.— As he tries to make the right decisions, less than 21 years of age may be designated (A) IN GENERAL.—A qualified member of Tracy asks himself: What would Mark do? as a caregiver if that individual is the spouse the Armed Forces shall submit a written des- Until now, Tracy said, he never realized of the qualified member of the Armed Forces ignation of the individual who is the care- how one man’s absence could make such a making the designation. giver for any family member of that member difference. (4) USE OF CAREGIVER LEAVE.—Leave may of the Armed Forces during a covered period S. 1888 only be used under this subsection for pur- of service to the employing business entity. Be it enacted by the Senate and House of Rep- poses directly relating to, or resulting from, (B) DESIGNATION OF SPOUSE.—Notwith- resentatives of the United States of America in the designation of an employee as a care- standing paragraph (1)(A)(ii), an individual Congress assembled, giver. less than 21 years of age may be designated SECTION 1. SHORT TITLE. (5) REGULATIONS.—Not later than 120 days as a caregiver if that individual is the spouse This Act may be cited as the ‘‘Military after the date of enactment of this Act, the of the qualified member of the Armed Forces Family Support Act of 2005’’. Office of Personnel Management shall pre- making the designation.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23208 CONGRESSIONAL RECORD—SENATE October 19, 2005 (5) USE OF CAREGIVER LEAVE.—Leave may In addition, our bill would require stability of these three programs for only be used under this subsection for pur- the Government Accountability Office future generations. Representative poses directly relating to, or resulting from, to report to Congress with an evalua- JOHN TANNER, D–TN, has joined me by the designation of an employee as a care- tion of both the OPM program and the introducing this legislation in the giver. House of Representatives. (6) REGULATIONS.—Not later than 120 days voluntary Department of Labor pro- after the date of enactment of this Act, the gram. It is my hope that this evalua- Social Security, Medicare and Med- Secretary of Labor shall prescribe regulation will demonstrate the utility of icaid have played a vital role for mil- tions to carry out this subsection. such a leave program for designated lions of Americans to cope with the fi- (7) TERMINATION.—The program under this caregivers and that these pilot pro- nancial burdens of retirement and subsection shall terminate on December 31, grams could then be expanded to the health care costs. However, over the 2007. designated caregivers of additional de- next 75 years these three programs rep- (c) GAO REPORT.—Not later than June 30, resent a 42 trillion dollar unfunded 2007, the Government Accountability Office ployed military personnel. This legislation builds on a measure commitment are on a trajectory that shall submit a report to Congress on the pro- cannot be sustained. The Social Secu- grams under subsections (a) and (b) that in- that I introduced earlier this year, S. cludes— 798, the Military Families Leave Act. rity Trust Fund faces a four trillion (1) an evaluation of the success of each pro- This bill would provide a similar ben- dollar unfunded commitment and will gram; and efit to military families by allowing el- pay out more money than it takes in (2) recommendations for the continuance igible employees whose spouses, par- beginning in 2017; it will be exhausted or termination of each program. ents, sons, or daughters are military in 2041. The Medicare Part A Trust Mr. FEINGOLD. Mr. President, today personnel who are serving on or called Fund, hospital insurance, faces an 8.6 I am pleased to join with the Senator to active duty in support of a contin- trillion dollar unfunded commitment from Vermont, Mr. JEFFORDS, in intro- gency operation to use their Family and will be exhausted even sooner in ducing legislation that would bring a and Medical Leave Act, FMLA, bene- 2020. The remainder of the 42 trillion small measure of relief to the families fits for issues directly relating to or re- dollar unfunded commitment includes of our men and women in uniform as sulting from that deployment. These 12.4 trillion dollars for Medicare Part they seek to maintain a sense of nor- instances could include preparation for B, supplementary medical insurance; malcy here at home while their loved deployment or additional responsibil- 8.7 trillion dollars for Medicare Part D, ones are deployed in service to our ities that family members take on as a prescription drugs; and 8.4 trillion dol- country. Our ongoing large-scale de- result of a loved one’s deployment, lars for Medicaid. We have no idea where we are going ployments in Iraq continue to demand such as child care. I also introduced to get the money to pay for these com- so much from our men and women in this bill during the 108th Congress. mitments. We must deal with these uniform and their families. Passing Let me be clear, that the legislation challenges today while we still have this measure is the least we can do. we are introducing today does not options so that our children will not be As part of the pre-deployment proc- amend the FMLA in any way. In fact, severely burdened with paying for huge ess, military personnel with dependent FMLA benefits are specifically exempt- entitlement commitments when they children or other dependent family ed from the types of leave that can be are competing in a far more competi- members, such as elderly parents who used by designated caregivers for pur- tive world than exists today. To leave require care, designate a caregiver for poses directly related to or resulting future generations in this predicament their dependents. This person will act from their caregiver responsibilities. would be an irresponsible and colossal in the deployed personnel’s place to While I believe that the FMLA could provide care for these family members failure of our generation. serve as the basis for providing addi- Eight members will sit on the Com- during the period of deployment. The tional leave opportunities for des- mission established in my legislation. caregiver could be a spouse, parent, ignated caregivers, opposition in some The House Speaker, House Minority sibling, or other responsible adult who quarters to the original FMLA makes Leader, Senate Majority Leader and is capable of caring for, and willing to this a difficult proposition. I am proud Senate Minority Leader will each ap- care for, the dependents in question. to have been a cosponsor of this land- point two members. Members cannot The bill that we are introducing mark law, and I believe that the FMLA be elected officials. The Commission today, the Military Family Support continues to provide much-needed as- will select two Co-Chairmen from Act, would create two programs to pro- sistance to millions of workers around among its members and hire an Execu- vide additional leave options for per- the country as they seek to care for tive Director. sons who have been designated as care- their own serious health condition or The Commission must submit its givers. The first program would require that of a family member or as they final report to the President and Con- the Office of Personnel Management, welcome the birth or adoption of a gress one year after the selection of the OPM, to create a program under which child. I will continue to support this two Co-Chairmen of the Commission Federal employees who are designated law and efforts to ensure that the vital and the Executive Director. Congress as caregivers could use accrued annual benefits that it provides are not erod- will hold Committee hearings to review or sick leave, leave bank benefits, and ed. the Commission’s recommendations. other leave available to them under I thank the Senator from Vermont, The bill authorizes 1.5 million dollars Title 5 for purposes directly relating to Mr. JEFFORDS, for his work on this im- to carry out the Commission’s tasks. or resulting from their designation as a portant measure, and I urge all of our In March 2005, Federal Reserve Chair- caregiver. colleagues to support it. man Alan Greenspan urged Congress to This bill would also require the Sec- act on modernizing entitlement pro- retary of Labor to establish a vol- By Mr. HAGEL: grams, ‘‘sooner rather than later.’’ He untary program under which private S. 1889. A bill to establish the Com- warned that unless we act now to meet sector companies would create similar prehensive Entitlement Reform Com- the huge unfunded commitments of our programs for their employees and to mission; to the Committee on Finance. entitlement programs, there will be solicit participation from private sec- Mr. HAGEL. Mr. President, today I significant economic consequences for tor companies. I commend the many introduce legislation to create a bi-par- our nation. Dealing with this problem employers around the country for their tisan Entitlement Reform Commission. now means facing less dramatic and understanding and support when an The Commission will review America’s difficult choices down the road. The employee or a family member of an three major entitlement programs, So- earlier we confront this reality, the employee is called to active duty, and cial Security, Medicare and Medicaid, more options we will have to pursue a I hope that companies in Wisconsin and and make comprehensive recommenda- wise and sustainable course of action. around the country will participate in tions to Congress and the President I am 59 years old. I am at the front this voluntary program. that would sustain the solvency and end of the ‘‘baby boom’’ generation. My

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23209 daughter is 15 years old and my son is a fine or penalty to a government for dollars, the Secretary of the Treasury 13 years old. I don’t want to fail their violation of any law. The enactment of will have the authority to adjust the generation. That means addressing section 162(f) in 1969 codified existing amount and deadline for filing. Fur- these entitlement programs now while case law that denied the deductibility ther, the IRS is encouraged to require we have time to do it in a responsible of fines and penalties as ordinary and taxpayers to separately identify such way. This is a defining debate for to- necessary business expenses on the settlements on their tax returns. day’s leaders. Doing nothing is irre- grounds that ‘‘allowance of the deduc- The bill would be effective for sponsible and cowardly. It is in every tion would frustrate sharply defined amounts paid or incurred on or after American’s interest to deal with this national or state policies proscribing the date of enactment unless the challenge now. We have it in us to do the particular types of conduct evi- amounts were under binding order or what needs to be done. I invite my col- denced by some governmental declara- agreement before such date. leagues to cosponsor this legislation. tion thereof.’’ Treasury regulations I ask unanimous consent that the provide that a fine or penalty includes Joint Committee on Taxation Tech- By Mr. BAUCUS (for himself, Mr. an amount paid in settlement of the nical Description and the text of the GRASSLEY, and Mr. MCCAIN): taxpayer’s actual or potential liability bill be printed in the RECORD. S. 1890. A bill to amend the Internal for a fine or penalty. There being no objection, the mate- Revenue Code of 1986 to deny a deduc- The legislation introduced today rials were ordered to be printed in the tion for certain fines, penalties, and modifies the rules regarding the deter- RECORD, as follows: other amounts; to the Committee on mination of whether payments are non- DENIAL OF DEDUCTION FOR CERTAIN FINES, Finance. deductible payments of fines or pen- PENALTIES, AND OTHER AMOUNTS Mr. BAUCUS. Mr. President, today alties under section 162(f). In par- PRESENT LAW my good friends Senators GRASSLEY ticular, the bill generally provides that Under present law, no deduction is allowed and MCCAIN and I are introducing the amounts paid or incurred whether by as a trade or business expense under section ‘‘Government Settlement Trans- suit, agreement, or otherwise, to, or at 162(a) for the payment of a fine or similar parency Act of 2005’’, a bill that will the direction of, a government in rela- penalty to a government for the violation of put a stop to tax deductions for fines any law (sec. 162(f)). The enactment of section to the violation of any law or the tion 162(f) in 1969 codified existing case law and penalties paid by companies to investigation or inquiry in the poten- that denied the deductibility of fines as ordi- government agencies in connection tial violation of any law are non- nary and necessary business expenses on the with civil settlements. Over the past deductible. The bill applies to deny a grounds that ‘‘allowance of the deduction several years, we have become increas- deduction for any such payments, in- would frustrate sharply defined national or ingly concerned about the approval of cluding those where there is no admis- State policies proscribing the particular various settlements that allow penalty sion of guilt or liability and those types of conduct evidenced by some govern- payments made to the government in mental declaration thereof.’’ made for the purpose of avoiding fur- Treasury regulation section 1.162–21(b)(1) settlement of a violation or potential ther investigation or litigation. provides that a fine or similar penalty in- violation of the law to be tax deduct- An exception applies to payments cludes an amount: (1) Paid pursuant to con- ible. Our concerns were heightened this that the taxpayer establishes are ei- viction or a plea of guilty or nolo contendere week upon the release of a Government ther restitution, including remediation for a crime (felony or misdemeanor) in a Accountability Office Report that con- of property, or amounts required to criminal proceeding; (2) paid as a civil pen- firmed many companies deduct these come into compliance with any law alty imposed by Federal, State, or local law, settlements notwithstanding the tax that was violated, and that are so iden- including additions to tax and additional code’s prohibition against deducting tified in the settlement agreement. It amounts and assessable penalties imposed by chapter 68 of the Code; (3) paid in settlement fines and penalties. This abuse shifts is intended that a payment will be of the taxpayer’s actual or potential liability the tax burden from the wrongdoer treated as restitution only if the pay- for a fine or penalty (civil or criminal); or (4) onto the backs of the American people. ment is required to be paid to the spe- forfeited as collateral posted in connection This is unacceptable. cific persons, or in relation to the spe- with a proceeding which could result in im- Many government agencies enter cific property, actually harmed by the position of such a fine or penalty. Treasury into these settlement agreements after conduct of the taxpayer that resulted regulation section 1.162–21(b)(2) provides, investigating companies for violations in the payment. Restitution does not among other things, that compensatory of the law. Every year thousands of include reimbursement of government damages (including damages under section 4A of the Clayton Act (15 U.S.C. 15a), as violations are resolved with settle- investigative or litigation costs, or amended) paid to a government do not con- ments totaling tens of billions of dol- payments to whistleblowers. It is institute a fine or penalty. lars paid to the Federal Government. tended that a payment will be treated REASONS FOR CHANEE Civil settlements serve to punish past as an amount required to come into There is a lack of clarity and consistency wrongdoing and to deter future wrong- compliance only if it directly corrects under present law regarding when taxpayers doing without protracted court pro- a violation with respect to a particular may deduct payments made in settlement of ceedings. For example, in the past sev- requirement of law that was under in- government investigations of potential eral years settlements of various SEC vestigation. Amounts paid to educate wrongdoing, as well as in situations where investigations into violations or poten- consumers or customers about the there has been a final determination of tial violations of the securities laws risks of doing business with the tax- wrongdoing. If a taxpayer deducts payments have been front and center in the news. made in settlement of an investigation of po- payer or about the field in which the tential wrongdoing or as a result of a finding Through civil investigations, Federal taxpayer generally does business, and of wrongdoing, the publicly announced and State regulators are working hard which are not specifically required amount of the settlement payment does not to hold these firms responsible for under the law, are not deductible if re- reflect the true after-tax penalty on the tax- their actions. With these efforts to quired under a settlement agreement. payer. Allowing a deduction for such pay- achieve greater accountability in the To ensure that companies do not ments in effect shifts a portion of the pen- business community and ensure the intake unallowable tax deductions for alty to the Federal government and to the tegrity of our financial markets, it is settlement payments, the bill requires public. important that the rules governing the government agencies to report to the DESCRIPTION OF PROPOSAL appropriate tax treatment of settle- IRS and to the taxpayer within thirty The bill modifies the rules regarding the ments be clear and adhered to by tax- days of the settlement the amount of determination whether payments are non- payers. each settlement agreement, and to deductible payments of fines or penalties under section 162(f). In particular, the bill Section 162(f) of the Internal Revenue identify whether the payment is for generally provides that amounts paid or in- Code provides that no deduction is al- fines, restitution, remediation or com- curred (whether by suit, agreement, or oth- lowed as a trade or business expense pliance, where the aggregate amount of erwise) to, or at the direction of, a govern- under section 162(a) for the payment of the settlement is at least six hundred ment in relation to the violation of any law

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The bill applies to deny a deduc- cifically required under the law, are not de- (a) IN GENERAL.—Subsection (f) of section tion for any such payments, including those ductible if required under a settlement 162 of the Internal Revenue Code of 1986 (re- where there is no admission of guilt or liabil- agreement. lating to trade or business expenses) is ity and those made for the purpose of avoid- The bill requires government agencies to amended to read as follows: ing further investigation or litigation. An report to the IRS and to the taxpayer the ‘‘(f) FINES, PENALTIES, AND OTHER exception applies to payments that the tax- amount of each settlement agreement or AMOUNTS.— payer establishes are either restitution (in- order entered where the aggregate amount ‘‘(1) IN GENERAL.—Except as provided in cluding remediation of property), or amounts required to be paid or incurred to or at the paragraph (2), no deduction otherwise allow- required to come into compliance with any direction of the government under such set- able shall be allowed under this chapter for law that was violated or involved in the in- tlement agreements and orders with respect any amount paid or incurred (whether by vestigation or inquiry, and that are identi- to the violation, investigation, or inquiry is suit, agreement, or otherwise) to, or at the fied in the court order or settlement as res- least $600 (or such other amount as may be direction of, a government or entity de- titution, remediation, or required to come specified by the Secretary of the Treasury as scribed in paragraph (4) in relation to the into compliance. The IRS remains free to necessary to ensure the efficient administra- violation of any law or the investigation or challenge the characterization of an amount tion of the Internal Revenue laws). The re- inquiry by such government or entity into so identified; however, no deduction is al- ports must be made within 30 days of enter- the potential violation of any law. lowed unless the identification is made. ing the settlement agreement, or such other ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING An exception also applies to any amount time as may be required by Secretary. The RESTITUTION OR PAID TO COME INTO COMPLI- paid or incurred as taxes due. report must separately identify any amounts ANCE WITH LAW.—Paragraph (1) shall not The bill is intended to apply only where a that are restitution or remediation of prop- apply to any amount which— government (or other entity treated in a erty, or correction of noncompliance. ‘‘(A) the taxpayer establishes— manner similar to a government under the The IRS is encouraged in addition to re- ‘‘(i) constitutes restitution (including re- amendment) is a complainant or investi- quire taxpayers to identify separately on mediation of property) for damage or harm gator with respect to the violation or poten- their tax returns the amounts of any such caused by or which may be caused by the tial violation of any law. settlements with respect to which reporting violation of any law or the potential viola- It is intended that a payment will be treat- is required under the bill, including separate tion of any law, or ed as restitution (including remediation of identification of the nondeductible amount ‘‘(ii) is paid to come into compliance with property) only if substantially all of the pay- and of any amount deductible as restitution, any law which was violated or involved in ment is required to be paid to the specific remediation, or required to correct non- the investigation or inquiry, and persons, or in relation to the specific prop- compliance. ‘‘(B) is identified as restitution or as an erty, actually harmed by the conduct of the Amounts paid or incurred (whether by suit, amount paid to come into compliance with taxpayer that resulted in the payment. Thus, agreement, or otherwise) to, or at the direc- the law, as the case may be, in the court a payment to or with respect to a class sub- tion of, any self-regulatory entity that regu- order or settlement agreement. stantially broader than the specific persons lates a financial market or other market Identification pursuant to subparagraph (B) or property that were actually harmed (e.g., that is a qualified board or exchange under alone shall not satisfy the requirement to a class including similarly situated per- section 1256(g)(7), and that is authorized to under subparagraph (A). This paragraph sons or property) does not qualify as restitu- impose sanctions (e.g., the National Associa- shall not apply to any amount paid or in- tion or included remediation of property. tion of Securities Dealers) are likewise sub- curred as reimbursement to the government Restitution and included remediation of ject to the provision if paid in relation to a or entity for the costs of any investigation property is limited to the amount that bears violation, or investigation or inquiry into a or litigation. a substantial quantitative relationship to potential violation, of any law (or any rule ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- the harm caused by the past conduct or ac- or other requirement of such entity). To the CURRED AS THE RESULT OF CERTAIN COURT OR- tions of the taxpayer that resulted in the extent provided in regulations, amounts paid DERS.—Paragraph (1) shall not apply to any payment in question. If the party harmed is or incurred to, or at the direction of, any amount paid or incurred by order of a court a government or other entity, then restitu- other nongovernmental entity that exercises in a suit in which no government or entity tion and included remediation of property self-regulatory powers as part of performing described in paragraph (4) is a party. includes payment to such harmed govern- an essential governmental function are simi- ‘‘(4) CERTAIN NONGOVERNMENTAL REGU- ment or entity, provided the payment bears larly subject to the provision. The exception LATORY ENTITIES.—An entity is described in a substantial quantitative relationship to for payments that the taxpayer establishes this paragraph if it is— the harm. However, restitution or included are paid or incurred for restitution, remedi- ‘‘(A) a nongovernmental entity which exer- remediation of property does not include re- ation of property, or coming into compliance cises self-regulatory powers (including im- imbursement of government investigative or and that are identified as such in the order posing sanctions) in connection with a quali- litigation costs, or payments to whistle- or settlement agreement likewise applies in fied board or exchange (as defined in section blowers. these cases. The requirement of reporting to 1256(g)(7)), or It is intended that a payment will be treat- the IRS and the taxpayer also applies in ‘‘(B) to the extent provided in regulations, ed as an amount required to come into com- these cases. a nongovernmental entity which exercises pliance only if it directly corrects a viola- No inference is intended as to the treat- self-regulatory powers (including imposing tion with respect to a particular requirement ment of payments as nondeductible fines or sanctions) as part of performing an essential of law that was under investigation. For ex- penalties under present law. In particular, governmental function. ample, if the law requires a particular emis- the bill is not intended to limit the scope of ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph sion standard to be met or particular ma- present-law section 162(f) or the regulations (1) shall not apply to any amount paid or in- chinery to be used, amounts required to be thereunder. curred as taxes due.’’. paid under a settlement agreement to meet the required standard or install the machin- EFFECTIVE DATE (b) REPORTING OF DEDUCTIBLE AMOUNTS.— ery are deductible to the extent otherwise al- The bill is effective for amounts paid or in- (1) IN GENERAL.—Subpart B of part III of lowed. Similarly, if the law requires certain curred on or after the date of enactment; subchapter A of chapter 61 of the Internal practices and procedures to be followed and a however the bill does not apply to amounts Revenue Code of 1986 is amended by inserting settlement agreement requires the taxpayer paid or incurred under any binding order or after section 6050T the following new section: to pay to establish such practices or proce- agreement entered into before such date. ‘‘SEC. 6050U. INFORMATION WITH RESPECT TO dures, such amounts would be deductible. Any order or agreement requiring court ap- CERTAIN FINES, PENALTIES, AND However, amounts paid for other purposes proval is not a binding order or agreement OTHER AMOUNTS. not directly correcting a violation of law are for this purpose unless such approval was ob- ‘‘(a) REQUIREMENT OF REPORTING.— not deductible. For example, amounts paid tained before the date of enactment. ‘‘(1) IN GENERAL.—The appropriate official to bring other machinery that is already in S. 1890 of any government or entity which is de- compliance up to a standard higher than re- scribed in section 162(f)(4) which is involved quired by the law, or to create other benefits Be it enacted by the Senate and House of Rep- in a suit or agreement described in para- (such as a park or other action not pre- resentatives of the United States of America in graph (2) shall make a return in such form as viously required by law), are not deductible Congress assembled, determined by the Secretary setting forth— if required under a settlement agreement. SECTION 1. SHORT TITLE. ‘‘(A) the amount required to be paid as a Similarly, amounts paid to educate con- This Act may be cited as the ‘‘Government result of the suit or agreement to which sumers or customers about the risks of doing Settlement Transparency Act of 2005’’. paragraph (1) of section 162(f) applies,

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‘‘(B) any amount required to be paid as a By Mr. MCCAIN (for himself and that important sector’s ability to le- result of the suit or agreement which con- Mr. DORGAN): verage capital into high-tech, high-risk stitutes restitution or remediation of prop- S. 1892. A bill to amend Public Law cutting-edge research. Specifically, the erty, and 107–153 to modify a certain date; to the legislation will ensure that neither new ‘‘(C) any amount required to be paid as a investment into biotech companies nor result of the suit or agreement for the pur- Committee on Indian Affairs. pose of coming into compliance with any law Mr. MCCAIN. Mr. President, today I a business-driven merger of two which was violated or involved in the inves- am introducing a measure with Sen- biotech loss companies will trigger the tigation or inquiry. ator DORGAN to amend P.L. 107–153, section 382 NOL limitation. Neither of ‘‘(2) SUIT OR AGREEMENT DESCRIBED.— which deems that certain reports pre- these changes runs counter to the long- ‘‘(A) IN GENERAL.—A suit or agreement is pared for the Department of the Inte- standing tax policy behind Section 382 described in this paragraph if— rior relating to Indian tribal trust ac- of preventing corporations, from NOL ‘‘(i) it is— counts were received by the tribes no trafficking. ‘‘(I) a suit with respect to a violation of earlier than December 31, 1999. The in- My home State of Pennsylvania is a any law over which the government or entity national leader in biotechnology inno- has authority and with respect to which tent of this law was to eliminate con- there has been a court order, or tentions that the tribes received notice vation, and the biosciences are a sig- ‘‘(II) an agreement which is entered into of potential claims against the United nificant economic driver in Pennsylva- with respect to a violation of any law over States prior to that date for purposes nia’s economy. Pennsylvania’s support which the government or entity has author- of the statute of limitations. This of the industry has made it a policy ity, or with respect to an investigation or in- amendment changes the date set forth leader for the biosciences. More than quiry by the government or entity into the in P.L. 107–153 to December 31, 2005, in 125 biopharmaceutical companies and potential violation of any law over which 2,000 bioscience-related companies such government or entity has authority, order to facilitate discussions and negotiations between the Indian tribes make Pennsylvania their home. For ex- and ample, Philadelphia’s BioAdvance fo- ‘‘(ii) the aggregate amount involved in all and the United States regarding poten- court orders and agreements with respect to tial claims without pressure on the cuses on bioinformatics, bio-pharma- the violation, investigation, or inquiry is tribes to file lawsuits out of concern ceuticals and medical devices, and clin- $600 or more. that the statute of limitations will run ical trials. The Pittsburgh Life ‘‘(B) ADJUSTMENT OF REPORTING THRESH- out on their claims. It is my under- Sciences Greenhouse focuses on drug OLD.—The Secretary may adjust the $600 standing that this measure has support discovery tools, tissue and organ re- amount in subparagraph (A)(ii) as necessary search, medical devices, and thera- in order to ensure the efficient administra- both among the Indian tribes and the administration. peutic strategies for neuropsychiatric tion of the internal revenue laws. disorders. The Central Pennsylvania ‘‘(3) TIME OF FILING.—The return required Life Sciences Greenhouse is pursuing under this subsection shall be filed not later By Mr. SANTORUM: than— S. 1893. A bill to permit biomedical drug design and delivery systems, bio- ‘‘(A) 30 days after the date on which a research corporations to engage in cer- medical devices, and bio-nano- court order is issued with respect to the suit tain financings and other transactions technology. These and many other or the date the agreement is entered into, as without incurring limitations on net companies in Pennsylvania are devel- the case may be, or operating loss carryforwards and cer- oping ground-breaking therapies, de- ‘‘(B) the date specified Secretary. tain built-in losses, and for other pur- vices, diagnostics and vaccines for once ‘‘(b) STATEMENTS TO BE FURNISHED TO INDI- poses; to the Committee on Finance. untreatable diseases and debilitating VIDUALS INVOLVED IN THE SETTLEMENT.— Mr. SANTORUM. Mr. President, conditions, providing hope for millions Every person required to make a return today I rise to introduce the Bio- of patients. under subsection (a) shall furnish to each Additionally, top-of-the-line bio- person who is a party to the suit or agree- technology Future Investment Expan- sion Act of 2005. science research takes place in Penn- ment a written statement showing— sylvania’s academic institutions. Penn- ‘‘(1) the name of the government or entity, Biotechnology has resulted in some and of the most important innovations of sylvania researchers garnered $1.3 bil- ‘‘(2) the information supplied to the Sec- our time. Substantive research in agri- lion in funding through the I.— Na- retary under subsection (a)(1). culture, bioengineering, and medicine tional Institutes of Health in 2003, making the Commonwealth fourth in The written statement required under the have given Americans a better life. the Nation. And the University of preceding sentence shall be furnished to the From the discovery of DNA to the cre- person at the same time the government or ation of synthetic insulin, bio- Pennsylvania and the University of entity provides the Secretary with the infor- technology has improved the standard Pittsburgh are in the top 10 nationally for NIH funding. mation required under subsection (a). of living and has saved many lives. It is We must encourage continued re- ‘‘(c) APPROPRIATE OFFICIAL DEFINED.—For important that we encourage contin- purposes of this section, the term ‘appro- search and the funding that supports ued research to further advances in the it. Biotech companies are pursuing priate official’ means the officer or employee biotech field. having control of the suit, investigation, or high-risk research projects to find inquiry or the person appropriately des- The biotech industry is one of the cures for many deadly and debilitating ignated for purposes of this section.’’. most research-intensive industries in diseases that afflict humanity. From (2) CONFORMING AMENDMENT.—The table of the world. The industry spent $17.9 bil- cancer to AIDS, and from Alzheimer’s sections for subpart B of part III of sub- lion on research and development in Disease to Parkinson’ Disease, the bio- chapter A of chapter 61 of the Internal Rev- 2003 alone. The overwhelming majority enue Code of 1986 is amended by inserting technology industry will be in the cen- of biotech companies engaged in this ter of finding cures to these life-ending after the item relating to section 6050T the research are not profitable in the early following new item: illnesses. My legislation offers a little years of development. Such companies more support to an industry we depend ‘‘Sec. 6050U. Information with respect to may accumulate net operating losses upon. I encourage my colleagues to certain fines, penalties, and NOLs, without earning income, for a other amounts.’’. join me in supporting this legislation decade or more. Unfortunately, a provi- and ask unanimous consent that the (c) EFFECTIVE DATE.—The amendments sion of the tax code, (Section 382), oper- text of the bill be printed in the made by this section shall apply to amounts ates to severely limit the utilization of RECORD. paid or incurred on or after the date of the NOLs by many such biotech companies. There being no objection, the bill was enactment of this Act, except that such Often, these limitations cause NOLs to ordered to be printed in the RECORD, as amendments shall not apply to amounts paid expire before they can be used by these or incurred under any binding order or agree- follows: ment entered into before such date. Such ex- companies. S. 1893 ception shall not apply to an order or agree- This legislation will modify the ap- Be it enacted by the Senate and House of Rep- ment requiring court approval unless the application of Section 382 to the biotech resentatives of the United States of America in proval was obtained before such date. industry, with the goal of increasing Congress assembled,

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23212 CONGRESSIONAL RECORD—SENATE October 19, 2005 SECTION 1. SHORT TITLE. ture test for each year of the measuring pe- toward the American dream of home- This Act may be cited as the ‘‘Bio- riod and the continuity of business test. ownership. That dream is being threat- technology Future Investment Expansion ‘‘(ii) MEASURING PERIOD.—For purposes of ened today, and that threat comes Act of 2005’’. this subparagraph, the term ‘measuring pe- from our own government and court riod’ means, with respect to any qualified in- SEC. 2. RESTORING THE BENEFIT OF TAX INCEN- system. Since the birth of our Nation, TIVES FOR BIOMEDICAL RESEARCH vestment or transaction, the taxable year of AND CLINICAL TRIALS. the biomedical research corporation in property ownership has been a funda- (a) IN GENERAL.—Subsection (l) of section which the closing on the investment occurs, mental and guarded right. The Found- 382 of the Internal Revenue Code of 1986 is and the 2 preceding taxable years. ing Fathers went to great lengths to amended by adding at the end the following ‘‘(iii) EXPENDITURE TEST.—A biomedical re- protect citizens from the heavy and new paragraph: search corporation meets the expenditure greedy hand of government. This is ‘‘(9) CERTAIN FINANCING TRANSACTIONS OF test of this subparagraph for a taxable year why the Bill of Rights includes the BIOMEDICAL RESEARCH CORPORATIONS.— if at least 35 percent of its expenditures for fifth amendment’s ‘‘takings clause.’’ ‘‘(A) GENERAL RULE.—In the case of a bio- the taxable year (including, for purposes of Unfortunately, 200 years of upholding medical research corporation, any owner this clause, payments in redemption of its shift involving a 5-percent shareholder which stock) are expenditures described in section property rights was not enough to pro- occurs as the result of a qualified investment 41(b) or clinical and preclinical expenditures. tect some Americans from the exces- or qualified transaction during the testing ‘‘(iv) CONTINUITY OF BUSINESS TEST.—A bio- sive use of government power. In Kelo period shall be treated for purposes of this medical research corporation meets the con- v. City of New London, the U.S. Su- section (other than this paragraph) as occur- tinuity of business test if, at all times during preme Court ruled 5 to 4 that economic ring before the testing period. the 2-year period following a qualified in- development was a sufficient reason to ‘‘(B) BIOMEDICAL RESEARCH CORPORATION.— vestment or transaction, such corporation take a person’s property. In this case, For purposes of this paragraph, the term continues the business enterprise of such the city of New London, CT wanted to ‘biomedical research corporation’ means, corporation. with respect to any qualified investment, ‘‘(G) EFFECT OF CORPORATE REDEMPTIONS ON tear down private homes and redevelop any domestic corporation subject to tax QUALIFIED INVESTMENTS.—Rules similar to private property into an industrial under this subchapter which is not in bank- the rules of section 1202(c)(3) shall apply to complex. It is important to understand ruptcy and which, as of the time of the clos- qualified investments under this paragraph that the city did not want to tear down ing on such investment— except that ‘stock acquired in a qualified in- these homes because the neighborhood ‘‘(i) holds the rights to a drug or biologic vestment’ shall be substituted for ‘qualified was blighted. The city did not want to for which an investigational new drug appli- small business stock’ each place it appears redevelop the property because the cation is in effect under section 505 of the therein. homes were being used by drug dealers. Federal Food, Drug, and Cosmetic Act, and ‘‘(H) EFFECT OF OTHER TRANSACTIONS BE- ‘‘(ii) certifies that, as of the time of such TWEEN BIOMEDICAL RESEARCH CORPORATIONS The homeowners were middle-class closing, the drug or biologic is, or in the 3 AND INVESTORS MAKING QUALIFIED INVEST- families living in a middle-class neigh- month period before and after such closing MENTS.— borhood. So why would the city want has been, under study pursuant to an inves- ‘‘(i) IN GENERAL.—If, during the 2-year pe- to redevelop these properties? City offi- tigational use exemption under section 505(i) riod beginning 1 year before any qualified in- cials believed this would create jobs of the Federal Food, Drug, and Cosmetic Act. vestment, the biomedical research corpora- and increase the city’s tax revenue. ‘‘(C) QUALIFIED INVESTMENT.—For purposes tion engages in another transaction with a When the homeowners refused to sell of this paragraph, the term ‘qualified invest- member of its qualified investment group to the city, the city began condemna- ment’ means any acquisition of stock by a and such biomedical research corporation re- shareholder (who after such acquisition is a ceives any consideration other than cash in tion proceedings. The homeowners sued less than 50 percent shareholder) in a bio- such transaction, there shall be a presump- the city and argued that this ‘‘taking’’ medical research corporation if such stock is tion that stock received in the otherwise violated their fifth amendment rights. acquired at its original issue (directly or qualified investment transaction was not re- The fifth amendment states that pri- through an underwriter) solely in exchange ceived solely in exchange for cash. vate property cannot be taken except for cash. ‘‘(ii) QUALIFIED INVESTMENT GROUP.—For for a ‘‘public use’’ and only then if the ‘‘(D) QUALIFIED TRANSACTION.—For pur- purposes of this subparagraph, the term owners are justly compensated. The poses of this paragraph, the term ‘qualified ‘qualified investment group’ means, with re- owners believed, as I do, that creating transaction’ means any acquisition of stock spect to any qualified investment, one or in a biomedical research corporation if such more persons who receive stock issued in ex- jobs and increasing tax revenue is not stock is acquired as part of a merger or ac- change for the qualified investment, and any a public use. The Supreme Court, de- quisition by another biomedical research person related to such persons within the spite the plain meaning of the fifth corporation that is a loss corporation. If the meaning of section 267(b) or section 707(b). amendment, ruled against the home- acquiring loss corporation is a member of a ‘‘(iii) REGULATIONS.—The Secretary shall owners. As bad as that is, it gets worse controlled group of corporations under sec- promulgate regulations exempting from this for these homeowners. The city of New tion 1563(a), the group must be a loss group. subparagraph transactions which are cus- London is demanding that the home- ‘‘(E) STOCK ISSUED IN EXCHANGE FOR CON- tomary in the bioscience research industry owners, those who fought to protect VERTIBLE DEBT.—For purposes of this para- and are of minor value relative to the graph, stock issued by a biomedical research amount of the qualified investment. their fifth amendment rights, must corporation in exchange for its convertible ‘‘(I) REGULATIONS.—The Secretary may now pay back rent. For the Kelo fam- debt (or stock deemed under this section to issue such regulations as may be appropriate ily, that means $57,000 in rent owed to be so issued) shall be treated as stock ac- to achieve the purposes of this paragraph, to the city. quired by the debt holder at its original issue prevent abuse, and to provide for treatment This cannot be what the Founding and solely in exchange for cash if the debt of biomedical research corporations under Fathers intended when they adopted holder previously acquired the convertible sections 383 and 384 that is consistent with the Bill of Rights. The Kelo decision debt at its original issue and solely in ex- the purposes of this paragraph.’’. has highlighted a serious problem with change for cash. In the case of an acquisition (b) EFFECTIVE DATE.—The amendment how government has taken more power of stock in exchange for convertible debt, the made by this section shall apply to taxable requirements of this paragraph shall be ap- years beginning after the date of enactment at the expense of the people. The Su- plied separately as of the time of closing on of this Act. preme Court’s decision favors big cor- the investment in convertible debt, and as of porations and persons with political the time of actual conversion (or deemed By Mr. ENSIGN (for himself, Mr. clout over homeowners and regular conversion under this section) of the con- INHOFE, and Mr. DEMINT): people. vertible debt for stock. S. 1895. A bill to return meaning to Congress is partly to blame. Congress ‘‘(F) BIOMEDICAL RESEARCH CORPORATION the fifth amendment by limiting the has created incentives for government MUST MEET 3-YEAR EXPENDITURE AND CON- power of eminent domain; to the Com- to redevelop property in a never-ending TINUITY OF BUSINESS TESTS WITH RESPECT TO mittee on Finance. quest for more and more tax dollars. ANY QUALIFIED INVESTMENT.— ‘‘(i) IN GENERAL.—This paragraph shall not Mr. ENSIGN. Mr. President, I rise New London, CT is the perfect example apply to a qualified investment or trans- today on behalf of every person in of these incentives. To Americans, the action in a biomedical research corporation America who owns property and to Kelo decision means that no matter unless such corporation meets the expendi- speak on behalf of everyone working how hard you work and no matter how

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23213 hard you save, government can come in ning all logging operations in roadless TITLE IV—GIANT SEQUOIA NATIONAL and take it all away from you. No per- areas, ancient forests, and forests that MONUMENT son’s home will be safe if Congress does have extraordinary biological, scenic, Sec. 401. Findings. not act to restore the fifth amendment. or recreational values, this bill seeks Sec. 402. Definitions. The property owners who lost their to protect our Nation’s most precious Sec. 403. Additions to Giant Sequoia Na- homes as a result of the Kelo decision and fragile ecosystems. In addition, tional Monument. paid their Federal taxes, paid their this bill bans clearcutting in our na- Sec. 404. Transfer of administrative jurisdic- State taxes, and paid their local taxes. tional forests except in specific cases tion over the Giant Sequoia Na- They played by the rules. Ironically, it tional Monument. where complete removal of nonnative Sec. 405. Additions to the Sierra National was these taxes that made it possible invasive tree species is ecologically Forest and Inyo National For- for their government to steal their necessary. est. homes. As a result, Congress must step While the bill bans certain logging, it Sec. 406. Authorization of appropriations. in to limit the use of Federal dollars. does not ban all logging in our national SEC. 2. FINDINGS AND PURPOSES. Just as our country’s Founders forests. Instead, it allows a method of (a) FINDINGS.—Congress finds that— sought to protect private property by logging called selection management, (1) Federal agencies that permit amending the Constitution, I feel Con- which cuts individual trees instead of clearcutting and other forms of even-age log- gress must act to protect those rights. the whole forest, leaving a healthy, ging operations include the Forest Service, That is why I am introducing the Pri- biologically diverse forest ecosystem. the United States Fish and Wildlife Service, vate Property Rights Protection Act, This method reduces the devastation to and the Bureau of Land Management; legislation to protect and preserve the the environment because it retains (2) clearcutting and other forms of even- American dream. This bill will curb age logging operations cause substantial al- natural forest structure and function, terations in native biodiversity by— government power and return it where focuses on long-term rather than short- it belongs, to the people. (A) emphasizing the production of a lim- term management, and allows new ited number of commercial species, and often growth without completely destroying By Mr. CORZINE (for himself and only a single species, of trees on each site; old growth. It is also less disturbing to (B) manipulating the vegetation toward Mr. DODD): people who enjoy the scenic beauty of greater relative density of the commercial S. 1897. A bill to amend the Forest species; and Rangeland Renewable Resources our forests. Not only is selection management more environmentally friend- (C) suppressing competing species; and Planning Act of 1974 and related laws (D) requiring the planting, on numerous to strengthen the protection of native ly, but it also can be sustainable and sites, of a commercial strain of the species biodiversity and ban clearcutting on even profitable, as demonstrated by a that reduces the relative diversity of other Federal land, and to designate certain number of private forests around the genetic strains of the species that were tra- Federal land as Ancient forests, country. ditionally located on the same sites; roadless areas, watershed protection This legislation emphasizes biodiver- (3) clearcutting and other forms of even- areas, and special areas where logging sity and sustainable management, al- age logging operations— lowing ecologically sound logging prac- (A) frequently lead to the death of immo- and other intrusive activities are pro- bile species and the very young of mobile hibited; to the Committee on Energy tices in some of our national forestland and fully protecting the rest. I am species of wildlife; and and Natural Resources. (B) deplete the habitat of deep-forest spe- Mr. CORZINE. Mr. President, today I proud to reintroduce this legislation in cies of animals, including endangered species am introducing the Act to Save Amer- the 109th Congress, which will be a and threatened species; ica’s Forests. The purpose of this legis- major step in the protection of Amer- (4)(A) clearcutting and other forms of even- lation is to protect our national forests ica’s forests. I ask unanimous consent age logging operations— from needless clearcutting, safeguard that the text of the bill be printed in (i) expose the soil to direct sunlight and our roadless areas, and preserve the the RECORD. the impact of precipitation; There being no objection, the bill was (ii) disrupt the soil surface; last remaining stands of ancient for- (iii) compact organic layers; and ordered to be printed in the RECORD, as ests in this country. (iv) disrupt the run-off restraining capa- At one time there was approximately follows: bilities of roots and low-lying vegetation, re- billions of acres of forest on the land S. 1897 sulting in soil erosion, the leaching of nutri- that is now the United States. Sadly, Be it enacted by the Senate and House of Rep- ents, a reduction in the biological content of less than 10 percent of the original resentatives of the United States of America in soil, and the impoverishment of soil; and unlogged forests of the United States Congress assembled, (B) all of the consequences described in remain, and in the lower 48 States only SECTION 1. SHORT TITLE; TABLE OF CONTENTS. subparagraph (A) have a long-range delete- 1 percent is in a form large enough to (a) SHORT TITLE.—This Act may be cited as rious effect on all land resources, including support all the native plants and ani- the ‘‘Act to Save America’s Forests’’. timber production; (5) clearcutting and other forms of even- mals. The 1 percent left is under con- (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: age logging operations aggravate global cli- stant threat, so we must act as soon as Sec. 1. Short title; table of contents. mate change by— possible to keep us from losing these Sec. 2. Findings and purposes. (A) decreasing the capability of the soil to precious forest lands forever. TITLE I—LAND MANAGEMENT retain carbon; and Our national forests also are under (B) during the critical periods of felling Sec. 101. Committee of scientists. and site preparation, reducing the capacity attack from clearcutting. The process Sec. 102. Continuous forest inventory. of the biomass to process and to store car- of clearcutting, or removing huge Sec. 103. Administration and management. bon, with a resultant loss of stored carbon to groups of trees at once, devastates Sec. 104. Conforming amendments. wildlife habitats, creates a blighted the atmosphere; TITLE II—PROTECTION FOR ANCIENT (6) clearcutting and other forms of even- landscape, increases soil erosion, and FORESTS, ROADLESS AREAS, WATER- age logging operations render soil increas- degrades water quality. Over a quarter- SHED PROTECTION AREAS, AND SPE- ingly sensitive to acid deposits by causing a million acres of our national forests CIAL AREAS decline of soil wood and coarse woody debris; were clearcut in the past decade alone. Sec. 201. Findings. (7) a decline of solid wood and coarse The process of clearcutting annihilates Sec. 202. Definitions. woody debris reduces the capacity of soil to vibrant, ecologically diverse forests are Sec. 203. Designation of special areas. retain water and nutrients, which in turn in- Sec. 204. Restrictions on management ac- creases soil heat and impairs soil’s ability to usually replaced, if at all, with a single tivities in Ancient forests, species tree farm. This is irresponsible maintain protective carbon compounds on roadless areas, watershed pro- the soil surface; forest management that ignores ecol- tection areas, and special areas. (8) clearcutting and other forms of even- ogy and concentrates solely on flawed TITLE III—EFFECTIVE DATE age logging operations result in— economics. Sec. 301. Effective date. (A) increased stream sedimentation and This bill utilizes a scientific ap- Sec. 302. Effect on existing contracts. the silting of stream bottoms; proach to forest management. By ban- Sec. 303. Wilderness Act exclusion. (B) a decline in water quality;

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(D) as a result of the effects described in (19) by substituting selection management, ‘‘(4) TERMINATION.—The committee shall subparagraphs (A) through (C), a depletion of as required by this Act, for clearcutting and terminate on the date that is 10 years after the sport and commercial fisheries of the other forms of even-age logging operations, the date of enactment of the Act to Save United States; the Federal agencies involved with those log- America’s Forests.’’ (9) clearcutting and other forms of even- ging operations would substantially reduce SEC. 102. CONTINUOUS FOREST INVENTORY. age management of Federal forests disrupt devastation to the environment and improve (a) IN GENERAL.—Not later than 2 years natural disturbance regimes that are critical the quality of life of the people of the United after the date of enactment of this Act, each to ecosystem function; States; of the Chief of the Forest Service, the Direc- (10) clearcutting and other forms of even- (20) selection management— tor of the United States Fish and Wildlife age logging operations increase harmful edge (A) retains natural forest structure and Service, and the Director of the Bureau of effects, including— function; Land Management (referred to individually (A) blowdowns; (B) focuses on long-term rather than short- as an ‘‘agency head’’) shall prepare a contin- (B) invasions by weed species; and term management; uous inventory of forest land administered (C) heavier losses to predators and com- (C) works with, rather than against, the by those agency heads, respectively. petitors; checks and balances inherent in natural (b) REQUIREMENTS.—A continuous forest in- (11) by reducing the number of deep, processes; and ventory shall constitute a long-term moni- canopied, variegated, permanent forests, (D) permits the normal, natural processes toring and inventory system that— clearcutting and other forms of even-age log- in a forest to allow the forest to go through (1) is contiguous throughout affected Fed- ging operations— the natural stages of succession to develop a eral forest land; and (A) limit areas where the public can satisfy forest with old growth ecological functions; (2) is based on a set of permanent plots an expanding need for recreation; and (21) by protecting native biodiversity, as that are inventoried every 10 years to— (B) decrease the recreational value of land; required by this Act, Federal agencies would (A) assess the impacts that human activi- (12) clearcutting and other forms of even- maintain vital native ecosystems and im- ties are having on management of the eco- age logging operations replace forests de- prove the quality of life of the people of the system; scribed in paragraph (11) with a surplus of United States; (B) gauge— clearings that grow into relatively impen- (22) selection logging— (i) floristic and faunistic diversity, abun- etrable thickets of saplings, and then into (A) is more job intensive, and therefore dance, and dominance; and monoculture tree plantations; provides more employment than (ii) economic and social value; and (13) because of the harmful and, in many clearcutting and other forms of even-age log- (C) monitor changes in the age, structure, cases, irreversible, damage to forest species ging operations to manage the same quan- and diversity of species of trees and other and forest ecosystems caused by logging of tity of timber production; and vegetation. Ancient and roadless forests, clearcutting, (B) produces higher quality sawlogs than (c) DECENNIAL INVENTORIES.—Each decen- and other forms of even-age management, it clearcutting and other forms of even-age log- nial inventory under subsection (b)(2) shall is important that these practices be halted ging operations; and be completed not more than 60 days after the based on the precautionary principle; (23) the judicial remedies available to en- date on which the inventory is begun. (14) human beings depend on native bio- force Federal forest laws are inadequate, and (d) NATIONAL ACADEMY OF SCIENCES.—In logical resources, including plants, animals, should be strengthened by providing for in- preparing a continuous forest inventory, an and micro-organisms— agency head may use the services of the Na- junctions, declaratory judgments, statutory (A) for food, medicine, shelter, and other tional Academy of Sciences to— damages, and reasonable costs of suit. important products; and (b) PURPOSE.—The purpose of this Act is to (1) develop a system for the continuous for- (B) as a source of intellectual and sci- conserve native biodiversity and protect all est inventory by which certain guilds or in- entific knowledge, recreation, and aesthetic native ecosystems on all Federal land dicator species are measured; and pleasure; against losses that result from— (2) identify any changes to the continuous (15) alteration of native biodiversity has (1) clearcutting and other forms of even- forest inventory that are necessary to ensure serious consequences for human welfare, as age logging operations; and that the continuous forest inventory is con- the United States irretrievably loses re- (2) logging in Ancient forests, roadless sistent with the most accurate scientific sources for research and agricultural, medic- areas, watershed protection areas, and spe- methods. inal, and industrial development; cial areas. (e) WHOLE-SYSTEM MEASURES.—At the end (16) alteration of biodiversity in Federal of each forest planning period, an agency forests adversely affects the functions of eco- TITLE I—LAND MANAGEMENT head shall document whole-system measures systems and critical ecosystem processes SEC. 101. COMMITTEE OF SCIENTISTS. that will be taken as a result of a decennial that— Section 6 of the Forest and Rangeland Re- inventory. (A) moderate climate; newable Resources Planning Act of 1974 (16 (f) PUBLIC AVAILABILITY.—Results of a con- (B) govern nutrient cycles and soil con- U.S.C. 1604) is amended by striking sub- tinuous forest inventory shall be made avail- servation and production; section (h) and inserting the following: able to the public without charge. (C) control pests and diseases; and ‘‘(h) COMMITTEE OF SCIENTISTS.— SEC. 103. ADMINISTRATION AND MANAGEMENT. (D) degrade wastes and pollutants; ‘‘(1) IN GENERAL.—To carry out subsection The Forest and Rangeland Renewable Re- (17)(A) clearcutting and other forms of (g), the Secretary shall appoint a committee sources Planning Act of 1974 is amended by even-age management operations have sig- composed of scientists— adding after section 6 (16 U.S.C. 1604) the fol- nificant deleterious effects on native bio- ‘‘(A) who are not officers or employees of lowing: diversity, by reducing habitat and food for the Forest Service, of any other public enti- ‘‘SEC. 6A. CONSERVATION OF NATIVE BIODIVER- cavity-nesting birds and insectivores such as ty, or of any entity engaged in whole or in SITY; SELECTION LOGGING; PROHI- the 3-toed woodpecker and hairy woodpecker part in the production of wood or wood prod- BITION OF CLEARCUTTING. and for neotropical migratory bird species; ucts; ‘‘(a) APPLICABILITY.—This section applies and ‘‘(B) not more than one-third of whom have to the administration and management of— (B) the reduction in habitat and food sup- contracted with or represented any entity ‘‘(1) National Forest System land, under ply could disrupt the lines of dependency described in subparagraph (A) during the 5- this Act; among species and their food resources and year period ending on the date of the pro- ‘‘(2) Federal land, under the Federal Land thereby jeopardize critical ecosystem func- posed appointment to the committee; and Policy and Management Act of 1976 (43 tion, including limiting outbreaks of de- ‘‘(C) not more than one-third of whom are U.S.C. 1701 et seq.); and structive insect populations; for example— foresters. ‘‘(3) National Wildlife Refuge System land, (i) the 3-toed woodpecker requires clumped ‘‘(2) QUALIFICATIONS OF FORESTERS.—A for- under the National Wildlife Refuge System snags in spruce-fir forests, and 99 percent of ester appointed to the committee shall be an Administration Act of 1966 (16 U.S.C. 668dd et its winter diet is composed of insects, pri- individual with— seq.). marily spruce beetles; and ‘‘(A) extensive training in conservation bi- ‘‘(b) NATIVE BIODIVERSITY IN FORESTED (ii) a 3-toed woodpecker can consume as ology; and AREAS.—The Secretary shall provide for the much as 26 percent of the brood of an en- ‘‘(B) field experience in selection manage- conservation or restoration of native bio- demic population of spruce bark beetle and ment. diversity in each stand and each watershed reduce brood survival of the population by 70 ‘‘(3) DUTIES.—The committee shall provide throughout each forested area, except during to 79 percent; scientific and technical advice and counsel the extraction stage of authorized mineral (18) the harm of clearcutting and other on proposed guidelines and procedures and development or during authorized construc- forms of even-age logging operations on the all other issues involving forestry and native tion projects, in which cases the Secretary

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shall conserve native biodiversity to the cluding naturally occurring disturbance re- ‘‘(II) FELLING AGE; NATIVE BIODIVERSITY.— maximum extent practicable. gimes) in the absence of significant human Subclause (I) does not— ‘‘(c) RESTRICTION ON USE OF CERTAIN LOG- impact. ‘‘(aa) establish a 150-year projected felling GING PRACTICES.— ‘‘(ii) INCLUSIONS.—The term ‘native bio- age as the standard at which individual trees ‘‘(1) DEFINITIONS.—In this subsection: diversity’ includes diversity— in a stand are to be cut; or ‘‘(A) AGE DIVERSITY.—The term ‘age diver- ‘‘(I) within a species (including genetic di- ‘‘(bb) limit native biodiversity to that sity’ means the naturally occurring range versity, species diversity, and age diversity); which occurs within the context of a 150-year and distribution of age classes within a given ‘‘(II) within a community of species; projected felling age. ‘‘(III) between communities of species; species. ‘‘(M) SHELTERWOOD CUT.—The term ‘‘(IV) within a discrete area, such as a wa- ‘‘(B) BASAL AREA.—The term ‘basal area’ ‘shelterwood cut’ means an even-age logging tershed; means the area of the cross section of a tree operation that leaves— ‘‘(V) along a vertical plane from ground to stem, including the bark, at 4.5 feet above ‘‘(i) a minority of the stand (larger than a the ground. sky, including application of the plane to all seed-tree cut) as a seed source; or ‘‘(C) CLEARCUTTING.—The term the other types of diversity; and ‘‘(ii) a protection cover remaining standing ‘clearcutting’ means an even-age logging op- ‘‘(VI) along the horizontal plane of the for any period of time. eration that removes all of the trees over a land surface, including application of the ‘‘(N) SPECIES DIVERSITY.—The term ‘species considerable portion of a stand at 1 time. plane to all the other types of diversity. diversity’ means the richness and variety of ‘‘(D) CONSERVATION.—The term ‘conserva- ‘‘(J) NON-NATIVE INVASIVE TREE SPECIES.— tion’ means protective measures for main- ‘‘(i) IN GENERAL.—The term ‘non-native native species in a particular location. taining native biodiversity and active and invasive tree species’ means a species of tree ‘‘(O) STAND.—The term ‘stand’ means a bi- passive measures for restoring diversity not native to North America. ological community of trees on land de- through management efforts, in order to pro- ‘‘(ii) INCLUSIONS.—The term ‘non-native scribed in subsection (a), comprised of not tect, restore, and enhance as much of the va- invasive tree species’ includes— more than 100 contiguous acres with suffi- riety of species and communities as prac- ‘‘(I) Australian pine (Casaurina cient identity of 1 or more characteristics ticable in abundances and distributions that equisetifolia); (including location, topography, and domi- provide for their continued existence and ‘‘(II) Brazilian pepper (Schinus nant species) to be managed as a unit. normal functioning, including the viability terebinthifolius); ‘‘(P) TIMBER PURPOSE.— of populations throughout their natural geo- ‘‘(III) Common buckthorn (Rhamnus ‘‘(i) IN GENERAL.—The term ‘timber pur- graphic distributions. cathartica); pose’ means the use, sale, lease, or distribu- ‘‘(IV) Eucalyptus (Eucalyptus globulus); ‘‘(E) EVEN-AGE LOGGING OPERATION.— tion of trees, including the felling of trees or ‘‘(V) Glossy buckthorn (Rhamnus ‘‘(i) IN GENERAL.—The term ‘even-age log- portions of trees. frangula); ging operation’ means a logging activity ‘‘(ii) EXCEPTION.—The term ‘timber pur- ‘‘(VI) Melaleuca (Melaleuca that— pose’ does not include the felling of trees or ‘‘(I) creates a clearing or opening that ex- quinquenervia); ‘‘(VII) Norway maple (Acer platanoides); portions of trees to create land space for a ceeds 1⁄5 acre; Federal administrative structure. ‘‘(II) creates a stand in which the majority ‘‘(VIII) Princess tree (Paulownia tomentosa); ‘‘(Q) WITHIN-COMMUNITY DIVERSITY.—The of trees are within 10 years of the same age; ‘‘(IX) Salt cedar (Tamarix species); term ‘within-community diversity’ means or ‘‘(X) Silk tree (Albizia julibrissin); the distinctive assemblages of species and ‘‘(III) within a period of 30 years, cuts or ‘‘(XI) Strawberry guava (Psidium ecological processes that occur in various removes more than the lesser of— cattleianum); physical settings of the biosphere and dis- ‘‘(aa) the growth of the basal area of all ‘‘(XII) Tree-of-heaven (Ailanthus tinct locations. tree species (not including a tree of a non-na- altissima); ‘‘(2) PROHIBITION OF CLEARCUTTING AND tive invasive tree species or an invasive ‘‘(XIII) Velvet tree (Miconia calvescens); OTHER FORMS OF EVEN-AGE LOGGING OPER- plantation species) in a stand; or and ‘‘(bb) 20 percent of the basal area of a ATIONS.—No clearcutting or other form of ‘‘(XIV) White poplar (Populus alba). stand. even-age logging operation shall be per- ‘‘(K) SEED-TREE CUT.—The term ‘seed-tree mitted in any stand or watershed. ‘‘(ii) INCLUSION.—The term ‘even-age log- cut’ means an even-age logging operation ging operation’ includes the application of ‘‘(3) MANAGEMENT OF NATIVE BIODIVER- that leaves a small minority of seed trees in SITY.—On each stand on which an even-age clearcutting, high grading, seed-tree cutting, a stand for any period of time. shelterwood cutting, or any other logging logging operation has been conducted on or ‘‘(L) SELECTION MANAGEMENT.— before the date of enactment of this section, method in a manner inconsistent with selec- ‘‘(i) IN GENERAL.—The term ‘selection man- and on each deforested area managed for tion management. agement’ means a method of logging that timber purposes on or before the date of en- ‘‘(iii) EXCLUSION.—The term ‘even-age log- emphasizes the periodic, individual selection ging operation’ does not include the cutting and removal of varying size and age classes actment of this section, excluding areas oc- or removal of— of the weaker, nondominant cull trees in a cupied by existing buildings, the Secretary ‘‘(I) a tree of a non-native invasive tree stand and leaves uncut the stronger domi- shall— species; or nant trees to survive and reproduce, in a ‘‘(A) prescribe a shift to selection manage- ‘‘(II) an invasive plantation species, if na- manner that works with natural forest proc- ment; or tive longleaf pine are planted in place of the esses and— ‘‘(B) cease managing the stand for timber removed invasive plantation species. ‘‘(I) ensures the maintenance of continuous purposes, in which case the Secretary shall— ‘‘(F) GENETIC DIVERSITY.—The term ‘ge- high forest cover where high forest cover ‘‘(i) undertake an active restoration of the netic diversity’ means the differences in ge- naturally occurs; native biodiversity of the stand; or netic composition within and among popu- ‘‘(II) ensures the maintenance or natural ‘‘(ii) permit the stand to regain native bio- lations of a species. regeneration of all native species in a stand; diversity. ‘‘(G) HIGH GRADING.—The term ‘high grad- ‘‘(III) ensures the growth and development ‘‘(4) ENFORCEMENT.— ing’ means the removal of only the larger or of trees through a range of diameter or age ‘‘(A) FINDING.—Congress finds that all peo- more commercially valuable trees in a stand, classes to provide a sustained yield of forest ple of the United States are injured by ac- resulting in an alteration in the natural products including clean water, rich soil, and tions on land to which subsection (g)(3)(B) range of age diversity or species diversity in native plants and wildlife; and and this subsection applies. the stand. ‘‘(IV) ensures that some dead trees, stand- ‘‘(B) PURPOSE.—The purpose of this para- ‘‘(H) INVASIVE PLANTATION SPECIES.—The ing and downed, shall be left in each stand graph is to foster the widest and most effec- term ‘invasive plantation species’ means a where selection logging occurs, to fulfill tive possible enforcement of subsection loblolly pine or slash pine that was planted their necessary ecological functions in the (g)(3)(B) and this subsection. or managed by the Forest Service or any forest ecosystem, including providing ele- other Federal agency as part of an even-aged mental and organic nutrients to the soil, ‘‘(C) FEDERAL ENFORCEMENT.—The Sec- monoculture tree plantation. water retention, and habitat for endemic in- retary of Agriculture, the Secretary of the ‘‘(I) NATIVE BIODIVERSITY.— sect species that provide the primary food Interior, and the Attorney General shall en- ‘‘(i) IN GENERAL.—The term ‘native bio- source for predators (including various spe- force subsection (g)(3)(B) and this subsection diversity’ means— cies of amphibians and birds, such as cavity against any person that violates 1 or more of ‘‘(I) the full range of variety and varia- nesting woodpeckers). those provisions. bility within and among living organisms; ‘‘(ii) EXCLUSION.— ‘‘(D) CITIZEN SUITS.— and ‘‘(I) IN GENERAL.—Subject to subclause (II), ‘‘(i) IN GENERAL.—A citizen harmed by a ‘‘(II) the ecological complexes in which the the term ‘selection management’ does not violation of subsection (g)(3)(B) or this sub- living organisms would have occurred (in- include an even-age logging operation. section may bring a civil action in United

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23216 CONGRESSIONAL RECORD—SENATE October 19, 2005 States district court for a declaratory judg- (4) the most recent scientific studies indi- roadless areas, watershed protection areas, ment, a temporary restraining order, an in- cate that several thousand species of plants and special areas of the United States. junction, statutory damages, or other rem- and animals are dependent on large, edy against any alleged violator, including unfragmented forest areas; SEC. 202. DEFINITIONS. the United States. (5) many neotropical migratory songbird In this title: ‘‘(ii) JUDICIAL RELIEF.—If a district court of species are experiencing documented broad- (1) ANCIENT FOREST.—The term ‘‘Ancient the United States determines that a viola- scale population declines and require large, forest’’ means— tion of subsection (g)(3)(B) or this subsection unfragmented forests to ensure their sur- (A) the northwest Ancient forests, includ- has occurred, the district court— vival; ing— ‘‘(I) shall impose a damage award of not (6) destruction of large-scale natural for- (i) Federal land identified as late-succes- less than $5,000; ests has resulted in a tremendous loss of jobs sional reserves, riparian reserves, and key ‘‘(II) may issue 1 or more injunctions or in the fishing, hunting, tourism, recreation, watersheds under the heading ‘‘Alternative other forms of equitable relief; and and guiding industries, and has adversely af- 1’’ of the report entitled ‘‘Final Supple- ‘‘(III) shall award to the plaintiffs reason- fected sustainable nontimber forest products mental Environmental Impact Statement on able costs of bringing the action, including industries such as the collection of mush- Management of Habitat for Late-Succes- attorney’s fees, witness fees, and other nec- rooms and herbs; sional and Old-Growth Forest Related Spe- essary expenses. (7) extractive logging programs on Federal cies Within the Range of the Northern Spot- ‘‘(iii) STANDARD OF PROOF.—The standard land are carried out at enormous financial ted Owl, Vol. I.’’, and dated February 1994; of proof in all actions under this subpara- costs to the Treasury and taxpayers of the and graph shall be the preponderance of the evi- United States; (ii) Federal land identified by the term dence. (8) Ancient forests continue to be threat- ‘‘medium and large conifer multi-storied, ‘‘(iv) TRIAL.—A trial for any action under ened by logging and deforestation and are canopied forests’’ as defined in the report de- this subsection shall be de novo. rapidly disappearing; scribed in clause (i); ‘‘(E) PAYMENT OF DAMAGES.— (9) Ancient forests help regulate atmos- (B) the eastside Cascade Ancient forests, ‘‘(i) NON-FEDERAL VIOLATOR.—A damage pheric balance, maintain biodiversity, and award under subparagraph (D)(ii) shall be provide valuable scientific opportunity for including— paid to the Treasury by a non-Federal viola- monitoring the health of the planet; (i) Federal land identified as ‘‘Late-Succes- tor or violators designated by the court. (10) prohibiting extractive logging in the sion/Old-growth Forest (LS/OG)’’ depicted on ‘‘(ii) FEDERAL VIOLATOR.— Ancient forests would create the best condi- maps for the Colville National Forest, Fre- ‘‘(I) IN GENERAL.—Not later than 40 days tions for ensuring stable, well distributed, mont National Forest, Malheur National after the date on which judgment is ren- and viable populations of the northern spot- Forest, Ochoco National Forest, Umatilla dered, a damage award under subparagraph ted owl, marbled murrelet, American National Forest, Wallowa-Whitman National (D)(ii) for which the United States is deter- marten, and other vertebrates, inverte- Forest, and Winema National Forest in the mined to be liable shall be paid from the brates, vascular plants, and nonvascular report entitled ‘‘Interim Protection for Late- Treasury, as provided under section 1304 of plants associated with those forests; Successional Forests, Fisheries, and Water- title 31, United States Code, to the person or (11) prohibiting extractive logging in the sheds: National Forests East of the Cascade persons designated to receive the damage Ancient forests would create the best condi- Crest, Oregon, and Washington’’, prepared by award. tions for ensuring stable, well distributed, the Eastside Forests Scientific Society ‘‘(II) USE OF DAMAGE AWARD.—A damage and viable populations of anadromous Panel (The Wildlife Society, Technical Re- award described under subclause (I) shall be salmonids, resident salmonids, and bull view 94–2, August 1994); used by the recipient to protect or restore trout; (ii) Federal land east of the Cascade crest native biodiversity on Federal land or on (12) roadless areas are de facto wilderness in the States of Oregon and Washington, de- land adjoining Federal land. that provide wildlife habitat and recreation; fined as ‘‘late successional and old-growth ‘‘(III) COURT COSTS.—Any award of costs of (13) large unfragmented forests, contained forests’’ in the general definition on page 28 litigation and any award of attorney fees in large part on roadless areas on Federal of the report described in clause (i); and shall be paid by a Federal violator not later land, are among the last refuges for native (iii) Federal land classified as ‘‘Oregon than 40 days after the date on which judg- animal and plant biodiversity, and are vital Aquatic Diversity Areas’’, as defined in the ment is rendered. to maintaining viable populations of threat- report described in clause (i); and ‘‘(F) WAIVER OF SOVEREIGN IMMUNITY.— ened, endangered, sensitive, and rare species; (C) the Sierra Nevada Ancient forests, in- ‘‘(i) IN GENERAL.—The United States (in- (14) roads cause soil erosion, disrupt wild- cluding— cluding agents and employees of the United life migration, and allow nonnative species (i) Federal land identified as ‘‘Areas of States) waives its sovereign immunity in all of plants and animals to invade native for- Late-Successional Emphasis (ALSE)’’ in the respects in all actions under subsection ests; report entitled, ‘‘Final Report to Congress: (g)(3)(B) and this subsection. (15) the mortality and reproduction pat- Status of the Sierra Nevada’’, prepared by ‘‘(ii) NOTICE.—No notice is required to en- terns of forest dwelling animal populations the Sierra Nevada Ecosystem Project force this subsection.’’. are adversely affected by traffic-related fa- (Wildland Resources Center Report #40, Uni- SEC. 104. CONFORMING AMENDMENTS. talities that accompany roads; versity of California, Davis, 1996/97); Section 6(g)(3) of the Forest and Rangeland (16) the exceptional recreational, biologi- (ii) Federal land identified as ‘‘Late-Suc- Renewable Resource Planning Act of 1974 (16 cal, scientific, or economic assets of certain cession/Old-Growth Forests Rank 3, 4 or 5’’ in U.S.C. 1604(g)(3)) is amended— special forested areas on Federal land are the report described in clause (i); and valuable to the public of the United States (1) in subparagraph (D), by inserting ‘‘and’’ (iii) Federal land identified as ‘‘Potential and are damaged by extractive logging; after the semicolon at the end; Aquatic Diversity Management Areas’’ on (17) in order to gauge the effectiveness and (2) in subparagraph (E), by striking ‘‘; and’’ the map on page 1497 of Volume II of the re- appropriateness of current and future re- and inserting a period; and port described in clause (i). source management activities, and to con- (3) by striking subparagraph (F). (2) EXTRACTIVE LOGGING.—The term ‘‘ex- tinue to broaden and develop our under- TITLE II—PROTECTION FOR ANCIENT standing of silvicultural practices, many tractive logging’’ means the felling or re- FORESTS, ROADLESS AREAS, WATER- special forested areas need to remain in a moval of any trees from Federal forest land SHED PROTECTION AREAS, AND SPE- natural, unmanaged state to serve as sci- for any purpose. CIAL AREAS entifically established baseline control for- (3) IMPROVED ROAD.—The term ‘‘improved SEC. 201. FINDINGS. ests; road’’ means any road maintained for travel Congress finds that— (18) certain special forested areas provide by standard passenger type vehicles. (1) unfragmented forests on Federal land, habitat for the survival and recovery of en- (4) ROADLESS AREA.—The term ‘‘roadless unique and valuable assets to the general dangered and threatened plant and wildlife area’’ means a contiguous parcel of Federal public, are damaged by extractive logging; species, such as grizzly bears, spotted owls, land that is— (2) less than 10 percent of the original Pacific salmon, and Pacific yew, that are (A) devoid of improved roads, except as unlogged forests of the United States re- harmed by extractive logging; provided in subparagraph (B); and main, and the vast majority of the remnants (19) many special forested areas on Federal (B) composed of— of the original forests of the United States land are considered sacred sites by native (i) at least 1,000 acres west of the 100th me- are located on Federal land; peoples; and ridian (with up to 1⁄2 mile of improved roads (3) large, unfragmented forest watersheds (20) as a legacy for the enjoyment, knowl- per 1,000 acres); provide high-quality water supplies for edge, and well-being of future generations, (ii) at least 1,000 acres east of the 100th me- drinking, agriculture, industry, and fisheries provisions must be made for the protection ridian (with up to 1⁄2 mile of improved roads across the United States; and perpetuation of the Ancient forests, per 1,000 acres); or

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(iii) less than 1,000 acres, but share a bor- (5) CULTURAL VALUES.—The cultural values Mena Ranger District, in Polk County, total- der that is not an improved road with a wil- of a special area may include the presence ing approximately 7,000 acres, known as derness area, primitive area, or wilderness of— ‘‘Cow Creek Drainage, Arkansas’’, and study area. (A) sites with Native American religious bounded approximately— (5) SECRETARY.—The term ‘‘Secretary’’, significance; and (i) on the north, by County Road 95; with respect to any Federal land in an An- (B) historic or prehistoric archaeological (ii) on the south, by County Road 157; cient forest, roadless area, watershed protec- sites eligible for listing on the national his- (iii) on the east, by County Road 48; and tion area, or special area, means the head of toric register. (iv) on the west, by the Arkansas-Okla- the Federal agency having jurisdiction over (b) SIZE VARIATION.—A special area may homa border. the Federal land. vary in size to encompass the outstanding bi- (B) LEADER AND BRUSH MOUNTAINS.—Cer- (6) SPECIAL AREA.—The term ‘‘special area’’ ological, scenic, recreational, or cultural tain land in the Ouachita National Forest, means an area of Federal forest land des- value or values to be protected. Montgomery County and Polk County, total- (c) DESIGNATION OF SPECIAL AREAS.—There ignated under section 3 that may not meet ing approximately 120,000 acres, known as are designated the following special areas, the definition of an Ancient forest, roadless ‘‘Leader Mountain’’ and ‘‘Brush Mountain’’, which shall be subject to the management located in the vicinity of the Blaylock Creek area, or watershed protection area, but restrictions specified in section 204: that— Watershed between Long Creek and the (1) ALABAMA.— South Fork of the Saline River. (A) possesses outstanding biological, sce- (A) SIPSEY WILDERNESS HEADWATERS.—Cer- nic, recreational, or cultural values; and (C) POLK CREEK AREA.—Certain land in the tain land in the Bankhead National Forest, Ouachita National Forest, Mena Ranger Dis- (B) is exemplary on a regional, national, or Bankhead Ranger District, in Lawrence trict, totaling approximately 20,000 acres, international level. County, totaling approximately 22,000 acres, bounded by Arkansas Highway 4 and Forest (7) WATERSHED PROTECTION AREA.—The located directly north and upstream of the Roads 73 and 43, known as the ‘‘Polk Creek term ‘‘watershed protection area’’ means Sipsey Wilderness, and directly south of For- area’’. Federal land that extends— est Road 213. (D) LOWER BUFFALO RIVER WATERSHED.— (A) 300 feet from both sides of the active (B) BRUSHY FORK.—Certain land in the Certain land in the Ozark National Forest, stream channel of any permanently flowing Bankhead National Forest, Bankhead Rang- Sylamore Ranger District, totaling approxi- stream or river; er District, in Lawrence County, totaling ap- mately 6,000 acres, including Forest Service (B) 100 feet from both sides of the active proximately 6,200 acres, bounded by Forest land that has not been designated as a wil- channel of any intermittent, ephemeral, or Roads 249, 254, and 246 and Alabama Highway derness area before the date of enactment of seasonal stream, or any other nonperma- 33. this Act, located in the watershed of Big nently flowing drainage feature having a de- (C) REBECCA MOUNTAIN.—Certain land in Creek southwest of the Leatherwood Wilder- finable channel and evidence of annual scour the Talladega National Forest, Talladega ness Area, Searcy County and Marion Coun- or deposition of flow-related debris; Ranger District, Talladega County and Clay ty, and known as the ‘‘Lower Buffalo River (C) 300 feet from the edge of the maximum County, totaling approximately 9,000 acres, Watershed’’. level of any natural lake or pond; or comprised of all Talladega National Forest (E) UPPER BUFFALO RIVER WATERSHED.— (D) 150 feet from the edge of the maximum lands south of Forest Roads 621 and 621 B, Certain land in the Ozark National Forest, level of a constructed lake, pond, or res- east of Alabama Highway 48/77 and County Buffalo Ranger District, totaling approxi- ervoir, or a natural or constructed wetland. Highway 308, and north of the power trans- mately 220,000 acres, comprised of Forest mission line. Service that has not been designated as a SEC. 203. DESIGNATION OF SPECIAL AREAS. (D) AUGUSTA MINE RIDGE.—Certain land in wilderness area before the date of enactment (a) IN GENERAL.— the Talladega National Forest, Shoal Creek of this Act, known as the ‘‘Upper Buffalo (1) FINDING.—A special area shall possess at Ranger District, Cherokee County and River Watershed’’, located approximately 35 least 1 of the values described in paragraphs Cleburn County, totaling approximately 6,000 miles from the town of Harrison, Madison (2) through (5). acres, and comprised of all Talladega Na- County, Newton County, and Searcy County, (2) BIOLOGICAL VALUES.—The biological val- tional Forest land north of the Chief Ladiga upstream of the confluence of the Buffalo ues of a special area may include the pres- Rail Trail. River and Richland Creek in the watersheds ence of— (E) MAYFIELD CREEK.—Certain land in the of— (A) threatened species or endangered spe- Talladega National Forest, Oakmulgee (i) the Buffalo River; Ranger District, in Rail County, totaling ap- cies of plants or animals; (ii) the various streams comprising the proximately 4,000 acres, and bounded by For- (B) rare or endangered ecosystems; Headwaters of the Buffalo River; est Roads 731, 723, 718, and 718A. (C) key habitats necessary for the recovery (iii) Richland Creek; (F) BEAR BAY.—Certain land in the of endangered species or threatened species; (iv) Little Buffalo Headwaters; Conecuh National Forest, Conecuh District, (D) recovery or restoration areas of rare or (v) Edgmon Creek; in Covington County, totaling approximately underrepresented forest ecosystems; (vi) Big Creek; and 3,000 acres, bounded by County Road 11, For- (vii) Cane Creek. (E) migration corridors; est Road 305, County Road 3, and the County (F) areas of outstanding biodiversity; (5) COLORADO: COCHETOPA HILLS.—Certain Road connecting County Roads 3 and 11. land in the Gunnison Basin area, known as (G) old growth forests; (2) ALASKA.— (H) commercial fisheries; and the ‘‘Cochetopa Hills’’, administered by the (A) TURNAGAIN ARM.—Certain land in the Gunnison National Forest, Grand Mesa Na- (I) sources of clean water such as key wa- Chugach National Forest, on the Kenai Pe- tional Forest, Uncompahgre National Forest, tersheds. ninsula, totaling approximately 100,000 acres, and Rio Grand National Forest, totaling ap- (3) SCENIC VALUES.—The scenic values of a extending from sea level to ridgetop sur- proximately 500,000 acres, spanning the con- special area may include the presence of— rounding the inlet of Turnagain Arm, known tinental divide south and east of the city of (A) unusual geological formations; as ‘‘Turnagain Arm’’. Gunnison, in Saguache County, and includ- (B) designated wild and scenic rivers; (B) HONKER DIVIDE.—Certain land in the ing— (C) unique biota; and Tongass National Forest, totaling approxi- (A) Elk Mountain and West Elk Mountain; (D) vistas. mately 75,000 acres, located on north central (B) the Grand Mesa; (4) RECREATIONAL VALUES.—The rec- Prince of Wales Island, comprising the (C) the Uncompahgre Plateau; reational values of a special area may in- Thorne River and Hatchery Creek water- (D) the northern San Juan Mountains; clude the presence of— sheds, stretching approximately 40 miles (E) the La Garitas Mountains; and (A) designated national recreational trails northwest from the vicinity of the town of (F) the Cochetopa Hills. or recreational areas; Thorne Bay to the vicinity of the town of (6) GEORGIA.— (B) areas that are popular for such recre- Coffman Cove, generally known as the (A) ARMUCHEE CLUSTER.—Certain land in ation and sporting activities as— ‘‘Honker Divide’’. the Chattahoochee National Forest, (i) hunting; (3) ARIZONA: NORTH RIM OF THE GRAND CAN- Armuchee Ranger District, known as the (ii) fishing; YON.—Certain land in the Kaibab National ‘‘Armuchee Cluster’’, totaling approximately (iii) camping; Forest that is included in the Grand Canyon 19,700 acres, comprised of 3 parcels known as (iv) hiking; Game Preserve, totaling approximately ‘‘Rocky Face’’, ‘‘Johns Mountain’’, and ‘‘Hid- (v) aquatic recreation; and 500,000 acres, abutting the northern side of den Creek’’, located approximately 10 miles (vi) winter recreation; the Grand Canyon in the area generally southwest of Dalton and 14 miles north of (C) Federal land in regions that are under- known as the ‘‘North Rim of the Grand Can- Rome, in Whitfield County, Walker County, served in terms of recreation; yon’’. Chattooga County, Floyd County, and Gor- (D) land adjacent to designated wilderness (4) ARKANSAS.— don County. areas; and (A) COW CREEK DRAINAGE, ARKANSAS.—Cer- (B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA (E) solitude. tain land in the Ouachita National Forest, AREAS.—Certain land in the Chattahoochee

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National Forest, Chestatee Ranger District, ‘‘Rocky Mountain’’, located 10 to 15 miles (A) ANGOSTURA.—Certain land in the east- totaling approximately 15,000 acres, known northeast of the town of Ellijay, in Gilmer ern half of the Carson National Forest, Ca- as the ‘‘Blue Ridge Corridor Cluster, Georgia County and Fannin County. mino Real Ranger District, totaling approxi- Areas’’, comprised of 5 parcels known as (J) WILDERNESS HEARTLANDS CLUSTER, mately 10,000 acres, located in Township 21, ‘‘Horse Gap’’, ‘‘Hogback Mountain’’, GEORGIA AREAS.—Certain land in the Chat- Ranges 12 and 13, known as ‘‘Angostura’’, ‘‘Blackwell Creek’’, ‘‘Little Cedar Moun- tahoochee National Forest, Chestatee, and bounded— tain’’, and ‘‘Black Mountain’’, located ap- Brasstown and Chattooga Ranger Districts, (i) on the northeast, by Highway 518; proximately 15 to 20 miles north of the town totaling approximately 16,500 acres, known (ii) on the southeast, by the Angostura of Dahlonega, in Union County and Lumpkin as the ‘‘Wilderness Heartlands Cluster, Geor- Creek watershed boundary; County. gia Areas’’, comprised of 4 parcels known as (iii) on the southern side, by Trail 19 and (C) CHATTOOGA WATERSHED CLUSTER, GEOR- the ‘‘Blood Mountain Extensions’’, ‘‘Raven the Pecos Wilderness; and GIA AREAS.—Certain land in the Chattahoo- Cliffs Extensions’’, ‘‘Mark Trail Extensions’’, (iv) on the west, by the Agua Piedra Creek chee National Forest, Tallulah Ranger Dis- and ‘‘Brasstown Extensions’’, near the towns watershed. trict, totaling 63,500 acres, known as the of Dahlonega, Cleveland, Helen, and (B) LA MANGA.—Certain land in the western ‘‘Chattooga Watershed Cluster, Georgia Blairsville, in Lumpkin County, Union Coun- half of the Carson National Forest, El Rito Areas’’, comprised of 7 areas known as ty, White County, and Towns County. Ranger District, at the Vallecitos Sustained ‘‘Rabun Bald’’, ‘‘Three Forks’’, ‘‘Ellicott (7) IDAHO.— Yield Unit, totaling approximately 5,400 Rock Extension’’, ‘‘Rock Gorge’’, ‘‘Big (A) COVE/MALLARD.—Certain land in the acres, known as ‘‘La Manga’’, in Township Shoals’’, ‘‘Thrift’s Ferry’’, and ‘‘Five Falls’’, Nez Perce National Forest, totaling approxi- 27, Range 6, and bounded— in Rabun County, near the towns of Clayton, mately 94,000 acres, located approximately 30 (i) on the north, by the Tierra Amarilla Georgia, and Dillard, South Carolina. miles southwest of the town of Elk City, and Land Grant; (D) COHUTTA CLUSTER.—Certain land in the west of the town of Dixie, in the area gen- (ii) on the south, by Canada Escondida; Chattahoochee National Forest, Cohutta erally known as ‘‘Cove/Mallard’’. (iii) on the west, by the Sustained Yield Ranger District, totaling approximately (B) MEADOW CREEK.—Certain land in the Unit boundary and the Tierra Amarilla Land 28,000 acres, known as the ‘‘Cohutta Clus- Nez Perce National Forest, totaling approxi- Grant; and ter’’, comprised of 4 parcels known as mately 180,000 acres, located approximately 8 (iv) on the east, by the Rio Vallecitos. ‘‘Cohutta Extensions’’, ‘‘Grassy Mountain’’, miles east of the town of Elk City in the area (C) ELK MOUNTAIN.—Certain land in the ‘‘Emery Creek’’, and ‘‘Mountaintown’’, near generally known as ‘‘Meadow Creek’’. Santa Fe National Forest, totaling approxi- the towns of Chatsworth and Ellijay, in Mur- (C) FRENCH CREEK/PATRICK BUTTE.—Certain mately 7,220 acres, known as ‘‘Elk Moun- ray County, Fannin County, and Gilmer land in the Payette National Forest, totaling tain’’ located in Townships 17 and 18 and County. approximately 141,000 acres, located approxi- Ranges 12 and 13, and bounded— (i) on the north, by the Pecos Wilderness; (E) DUNCAN RIDGE CLUSTER.—Certain land mately 20 miles north of the town of McCall in the Chattahoochee National Forest, in the area generally known as ‘‘French (ii) on the east, by the Cow Creek Water- Brasstown and Toccoa Ranger Districts, to- Creek/Patrick Butte’’. shed; (iii) on the west, by the Cow Creek; and taling approximately 17,000 acres, known as (8) ILLINOIS.— (iv) on the south, by Rito de la Osha. the ‘‘Duncan Ridge Cluster’’, comprised of (A) CRIPPS BEND.—Certain land in the (D) JEMEZ HIGHLANDS.—Certain land in the the parcels known as ‘‘Licklog Mountain’’, Shawnee National Forest, totaling approxi- Jemez Ranger District of the Santa Fe Na- ‘‘Duncan Ridge’’, ‘‘Board Camp’’, and ‘‘Coo- mately 39 acres, located in Jackson County tional Forest, totaling approximately 54,400 per Creek Scenic Area Extension’’, approxi- in the Big Muddy River watershed, in the acres, known as the ‘‘Jemez Highlands’’, lo- mately 10 to 15 miles south of the town of area generally known as ‘‘Cripps Bend’’. cated primarily in Sandoval County. Blairsville, in Union County and Fannin (B) OPPORTUNITY AREA 6.—Certain land in (14) NORTH CAROLINA.— County. the Shawnee National Forest, totaling ap- (A) CENTRAL NANTAHALA CLUSTER, NORTH (F) ED JENKINS NATIONAL RECREATION AREA proximately 50,000 acres, located in northern CAROLINA AREAS.—Certain land in the CLUSTER.—Certain land in the Chattahoochee Pope County surrounding Bell Smith Springs Nantahala National Forest, Tusquitee, National Forest, Toccoa and Chestatee Natural Area, in the area generally known as Cheoah, and Wayah Ranger Districts, total- Ranger Districts, totaling approximately ‘‘Opportunity Area 6’’. ing approximately 107,000 acres, known as 19,300 acres, known as the ‘‘Ed Jenkins Na- (C) QUARREL CREEK.—Certain land in the the ‘‘Central Nantahala Cluster, North Caro- tional Recreation Area Cluster’’, comprised Shawnee National Forest, totaling approxi- lina Areas’’, comprised of 9 parcels known as of the Springer Mountain, Mill Creek, and mately 490 acres, located in northern Pope ‘‘Tusquitee Bald’’, ‘‘Shooting Creek Bald’’, Toonowee parcels, 30 miles north of the town County in the Quarrel Creek watershed, in ‘‘Cheoah Bald’’, ‘‘Piercy Bald’’, ‘‘Wesser of Dahlonega, in Fannin County, Dawson the area generally known as ‘‘Quarrel Bald’’, ‘‘Tellico Bald’’, ‘‘Split White Oak’’, County, and Lumpkin County. Creek’’. ‘‘Siler Bald’’, and ‘‘Southern Nantahala Ex- (G) GAINESVILLE RIDGES CLUSTER.—Certain (9) MICHIGAN: TRAP HILLS.—Certain land in tensions’’, near the towns of Murphy, Frank- land in the Chattahoochee National Forest, the Ottawa National Forest, Bergland Rang- lin, Bryson City, Andrews, and Beechertown, Chattooga Ranger District, totaling approxi- er District, totaling approximately 37,120 in Cherokee County, Macon County, Clay mately 14,200 acres, known as the ‘‘Gaines- acres, known as the ‘‘Trap Hills’’, located ap- County, and Swain County. ville Ridges Cluster’’, comprised of 3 parcels proximately 5 miles from the town of (B) CHATTOOGA WATERSHED CLUSTER, NORTH known as ‘‘Panther Creek’’, ‘‘Tugaloo Up- Bergland, in Ontonagon County. CAROLINA AREAS.—Certain land in the lands’’, and ‘‘Middle Fork Broad River’’, ap- (10) MINNESOTA.— Nantahala National Forest, Highlands Rang- proximately 10 miles from the town of (A) TROUT LAKE AND SUOMI HILLS.—Certain er District, totaling approximately 8,000 Toccoa, in Habersham County and Stephens land in the Chippewa National Forest, total- acres, known as the ‘‘Chattooga Watershed County. ing approximately 12,000 acres, known as Cluster, North Carolina Areas’’, comprised of (H) NORTHERN BLUE RIDGE CLUSTER, GEOR- ‘‘Trout Lake/Suomi Hills’’ in Itasca County. the Overflow (Blue Valley) and Terrapin GIA AREAS.—Certain land in the Chattahoo- (B) LULLABY WHITE PINE RESERVE.—Certain Mountain parcels, 5 miles from the town of chee National Forest, Brasstown and land in the Superior National Forest, Highlands, in Macon County and Jackson Tallulah Ranger Districts, totaling approxi- Gunflint Ranger District, totaling approxi- County. mately 46,000 acres, known as the ‘‘Northern mately 2,518 acres, in the South Brule Oppor- (C) TENNESSEE BORDER CLUSTER, NORTH Blue Ridge Cluster, Georgia Areas’’, com- tunity Area, northwest of Grand Marais in CAROLINA AREAS.—Certain land in the prised of 8 areas known as ‘‘Andrews Cove’’, Cook County, known as the ‘‘Lullaby White Nantahala National Forest, Tusquitee and ‘‘Anna Ruby Falls Scenic Area Extension’’, Pine Reserve’’. Cheoah Ranger Districts, totaling approxi- ‘‘High Shoals’’, ‘‘Tray Mountain Extension’’, (11) MISSOURI: ELEVEN POINT-BIG SPRINGS mately 28,000 acres, known as the ‘‘Ten- ‘‘Kelly Ridge-Moccasin Creek’’, ‘‘Buzzard AREA.—Certain land in the Mark Twain Na- nessee Border Cluster, North Carolina Knob’’, ‘‘Southern Nantahala Extension’’, tional Forest, Eleven Point Ranger District, Areas’’, comprised of the 4 parcels known as and ‘‘Patterson Gap’’, approximately 5 to 15 totaling approximately 200,000 acres, com- the ‘‘Unicoi Mountains’’, ‘‘Deaden Tree’’, miles north of Helen, 5 to 15 miles southeast prised of the administrative area of the Elev- ‘‘Snowbird’’, and ‘‘Joyce Kilmer-Slickrock of Hiawassee, north of Clayton, and west of en Point Ranger District, known as the Extension’’, near the towns of Murphy and Dillard, in White County, Towns County, and ‘‘Eleven Point-Big Springs Area’’. Robbinsville, in Cherokee County and Gra- Rabun County. (12) MONTANA: MOUNT BUSHNELL.—Certain ham County. (I) RICH MOUNTAIN CLUSTER.—Certain land land in the Lolo National Forest, totaling (D) BALD MOUNTAINS.—Certain land in the in the Chattahoochee National Forest, approximately 41,000 acres, located approxi- Pisgah National Forest, French Broad Rang- Toccoa Ranger District, totaling approximately 5 miles southwest of the town of er District, totaling approximately 13,000 mately 9,500 acres, known as the ‘‘Rich Thompson Falls in the area generally known acres known as the ‘‘Bald Mountains’’, lo- Mountain Cluster’’, comprised of the parcels as ‘‘Mount Bushnell’’. cated 12 miles northeast of the town of Hot known as ‘‘Rich Mountain Extension’’ and (13) NEW MEXICO.— Springs, in Madison County.

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(E) BIG IVY TRACT.—Certain land in the Pis- (D) LAKE VESUVIUS.—Certain land in the (iv) on the northwest, by Forest Service gah National Forest, totaling approximately Ironton Ranger District of the Wayne Na- Road 632; and 14,000 acres, located approximately 15 miles tional Forest, in Lawrence County, totaling (v) on the north, by a pipeline. west of Mount Mitchell in the area generally approximately 4,900 acres, generally known (C) THE CHAPPEL FORK SPECIAL AREA.—Cer- known as the ‘‘Big Ivy Tract’’. as ‘‘Lake Vesuvius’’, located to the east of tain land in the Allegheny National Forest, (F) BLACK MOUNTAINS CLUSTER, NORTH Etna in Township 2 North, Range 18 West, Bradford Ranger District, McKean County, CAROLINA AREAS.—Certain land in the Pisgah and bounded— totaling approximately 10,000 acres, and National Forest, Toecane and Grandfather (i) on the southwest, by State Highway 93; comprised of Allegheny National Forest land Ranger Districts, totaling approximately and bounded— 62,000 acres, known as the ‘‘Black Mountains (ii) on the northwest, by State Highway 4. (i) on the south and southeast, by State Cluster, North Carolina Areas’’, comprised of (E) MORGAN SISTERS.—Certain land in the Road 321; 5 parcels known as ‘‘Craggy Mountains’’, Ironton Ranger District of the Wayne Na- (ii) on the south, by Chappel Bay; ‘‘Black Mountains’’, ‘‘Jarrett Creek’’, ‘‘Mac- tional Forest, in Lawrence County, known as (iii) on the west, by the Allegheny Res- key Mountain’’, and ‘‘Woods Mountain’’, ‘‘Morgan Sisters’’, totaling approximately ervoir; near the towns of Burnsville, Montreat and 2,500 acres, located 1 mile east of Gallia and (iv) on the north, by State Route 59; and Marion, in Buncombe County, Yancey Coun- bounded by State Highway 233 in Township 6 (v) on the east, by private land. ty, and McDowell County. North, Range 17 West, sections 13, 14, 23 and (D) THE FOOLS CREEK SPECIAL AREA.—Cer- (G) LINVILLE CLUSTER.—Certain land in the 24 and Township 5 North, Range 16 West, sec- tain land in the Allegheny National Forest, Pisgah National Forest, Grandfather Dis- tions 18 and 19. Bradford Ranger District, Warren County, trict, totaling approximately 42,000 acres, (F) UTAH RIDGE.—Certain land in the Ath- totaling approximately 1,500 acres, and com- known as the ‘‘Linville Cluster’’, comprised ens Ranger District of the Wayne National prised of Allegheny National Forest land of 7 parcels known as ‘‘Dobson Knob’’, Forest, in Athens County, known as ‘‘Utah south and west of Forest Service Road 255 ‘‘Linville Gorge Extension’’, ‘‘Steels Creek’’, Ridge’’, totaling approximately 9,000 acres, and west of FR 255A, bounded— ‘‘Sugar Knob’’, ‘‘Harper Creek’’, ‘‘Lost located 1 mile northwest of Chauncey and (i) on the west, by Minister Road; and Cove’’, and ‘‘Upper Wilson Creek’’, near the bounded— (ii) on the south, by private land. towns of Marion, Morgantown, Spruce Pine, (i) on the southeast, by State Highway 682 (E) THE HICKORY CREEK SPECIAL AREA.—Cer- Linville, and Blowing Rock, in Burke Coun- and State Highway 13; tain land in the Allegheny National Forest, ty, McDowell County, Avery County, and (ii) on the southwest, by US Highway 33 Bradford Ranger District, Warren County, Caldwell County. and State Highway 216; and totaling approximately 2,000 acres, and com- (H) NOLICHUCKY, NORTH CAROLINA AREA.— (iii) on the north, by State Highway 665. prised of Allegheny National Forest land Certain land in the Pisgah National Forest, (G) WILDCAT HOLLOW.—Certain land in the bounded— Toecane Ranger District, totaling approxi- Athens Ranger District of the Wayne Na- (i) on the east and northeast, by Heart’s mately 4,000 acres, known as the tional Forest, in Perry County and Morgan Content Road; ‘‘Nolichucky, North Carolina Area’’, located County, known as ‘‘Wildcat Hollow’’, total- (ii) on the south, by Hickory Creek Wilder- 25 miles northwest of Burnsville, in Mitchell ing approximately 4,500 acres, located 1 mile ness Area; east of Corning in Township 12 North, Range County and Yancey County. (iii) on the northwest, by private land; and 14 West, sections 1, 2, 11–14, 23 and 24 and (I) PISGAH CLUSTER, NORTH CAROLINA (iv) on the north, by Allegheny Front Na- Township 8 North, Range 13 West, sections 7, AREAS.—Certain land in the Pisgah National tional Recreation Area. 18, and 19. Forest, Pisgah Ranger District, totaling ap- (F) THE LAMENTATION RUN SPECIAL AREA.— (16) OKLAHOMA: COW CREEK DRAINAGE, OKLA- proximately 52,000 acres, known as the ‘‘Pis- Certain land in the Allegheny National For- HOMA.—Certain land in the Ouachita Na- gah Cluster, North Carolina Areas’’, com- est, Marienville Ranger District, Forest tional Forest, Mena Ranger District, in Le prised of 5 parcels known as ‘‘Shining Rock County, totaling approximately 4,500 acres, Flore County, totaling approximately 3,000 and Middle Prong Extensions’’, ‘‘Daniel and— acres, known as ‘‘Cow Creek Drainage, Okla- Ridge’’, ‘‘Cedar Rock Mountain’’, ‘‘South (i) comprised of Allegheny National Forest homa’’, and bounded approximately— Mills River’’, and ‘‘Laurel Mountain’’, 5 to 12 (A) on the west, by the Beech Creek Na- land bounded— miles north of the town of Brevard and tional Scenic Area; (I) on the north, by Tionesta Creek; southwest of the city of Asheville, in Hay- (B) on the north, by State Highway 63; (II) on the east, by Salmon Creek; wood County, Transylvania County, and (C) on the east, by the Arkansas-Oklahoma (III) on the southeast and southwest, by Henderson County. border; and private land; and (J) WILDCAT.—Certain land in the Pisgah (D) on the south, by County Road 9038 on (IV) on the south, by Forest Service Road National Forest, French Broad Ranger Dis- the south. 210; and trict, totaling approximately 6,500 acres, (17) OREGON: APPLEGATE WILDERNESS.—Cer- (ii) including the lower reaches of Bear known as ‘‘Wildcat’’, located 20 miles north- tain land in the Siskiyou National Forest Creek. west of the town of Canton, in Haywood and Rogue River National Forest, totaling (G) THE LEWIS RUN SPECIAL AREA.—Certain County. approximately 20,000 acres, approximately 20 land in the Allegheny National Forest, Brad- (15) OHIO.— miles southwest of the town of Grants Pass ford Ranger District, McKean County, total- (A) ARCHERS FORK COMPLEX.—Certain land and 10 miles south of the town of Williams, ing approximately 500 acres, and comprised in the Marietta Unit of the Athens Ranger in the area generally known as the ‘‘Apple- of Allegheny National Forest land north and District, in the Wayne National Forest, in gate Wilderness’’. east of Forest Service Road 312.3, including Washington County, known as ‘‘Archers (18) PENNSYLVANIA.— land known as the ‘‘Lewis Run Natural Fork Complex’’, totaling approximately (A) THE BEAR CREEK SPECIAL AREA.—Cer- Area’’ and consisting of land within Com- 18,350 acres, located northeast of Newport tain land in the Allegheny National Forest, partment 466, Stands 1–3, 5–8, 10–14, and 18–27. and bounded— Marienville Ranger District, Elk County, to- (H) THE MILL CREEK SPECIAL AREA.—Certain (i) on the northwest, by State Highway 26; taling approximately 7,800 acres, and com- land in the Allegheny National Forest, (ii) on the northeast, by State Highway 260; prised of Allegheny National Forest land Marienville Ranger District, Elk County, to- (iii) on the southeast, by the Ohio River; bounded— taling approximately 2,000 acres, and com- and (i) on the west, by Forest Service Road 136; prised of Allegheny National Forest land (iv) on the southwest, by Bear Run and (ii) on the north, by Forest Service Roads within a 1-mile radius of the confluence of Danas Creek. 339 and 237; Red Mill Run and Big Mill Creek and known (B) BLUEGRASS RIDGE.—Certain land in the (iii) on the east, by Forest Service Road as the ‘‘Mill Creek Natural Area’’. Ironton Ranger District on the Wayne Na- 143; and (I) THE MILLSTONE CREEK SPECIAL AREA.— tional Forest, in Lawrence County, known as (iv) on the south, by Forest Service Road Certain land in the Allegheny National For- ‘‘Bluegrass Ridge’’, totaling approximately 135. est, Marienville Ranger District, Forest 4,000 acres, located 3 miles east of Etna in (B) THE BOGUS ROCKS SPECIAL AREA.—Cer- County, totaling approximately 30,000 acres, Township 4 North, Range 17 West, Sections tain land in the Allegheny National Forest, and comprised of Allegheny National Forest 19 through 23 and 27 through 30. Marienville Ranger District, Forest County, land bounded— (C) BUFFALO CREEK.—Certain land in the totaling approximately 1,015 acres, and com- (i) on the north, by State Route 66; Ironton Ranger District of the Wayne Na- prised of Allegheny National Forest land in (ii) on the northeast, by Forest Service tional Forest, Lawrence County, Ohio, compartment 714 bounded— Road 226; known as ‘‘Buffalo Creek’’, totaling approxi- (i) on the northeast and east, by State (iii) on the east, by Forest Service Roads mately 6500 acres, located 4 miles northwest Route 948; 130, 774, and 228; of Waterloo in Township 5 North, Ranger 17 (ii) on the south, by State Route 66; (iv) on the southeast, by State Road 3002 West, sections 3 through 10 and 15 through (iii) 0n the southwest and west, by Town- and Forest Service Road 189; 18. ship Road 370; (v) on the south, by the Clarion River; and

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23220 CONGRESSIONAL RECORD—SENATE October 19, 2005 (vi) on the southwest, west, and northwest, Ranger District, in Oconee County, totaling approximately 12,600 acres, known as the by private land. approximately 4,000 acres, known as ‘‘Dark ‘‘Pilger Mountain Area’’, located in the Elk (J) THE MINISTER CREEK SPECIAL AREA.— Bottoms’’, approximately 10 miles northwest Mountains on the southwest edge of the Certain land in the Allegheny National For- of Westminster, South Carolina. Black Hills, and roughly bounded— est, Bradford Ranger District, Warren Coun- (E) ELLICOTT ROCK EXTENSION, SOUTH CARO- (i) on the east and northeast, by Forest ty, totalling approximately 6,600 acres, and LINA AREA.—Certain land in the Sumter Na- Roads 318 and 319; comprised of Allegheny National Forest land tional Forest, Andrew Pickens Ranger Dis- (ii) on the north and northwest, by Road bounded— trict, in Oconee County, totaling approxi- 312; and (i) on the north, by a snowmobile trail; mately 2,000 acres, known as ‘‘Ellicott Rock (iii) on the southwest, by private land. (ii) on the east, by Minister Road; Extension, South Carolina Area’’, located ap- (E) STAGEBARN CANYONS.—Certain land in (iii) on the south, by State Route 666 and proximately 10 miles south of Cashiers, the Black Hills National Forest, known as private land; North Carolina. ‘‘Stagebarn Canyons’’, totaling approxi- (iv) on the southwest, by Forest Service (F) FIVE FALLS, SOUTH CAROLINA AREA.— mately 7,300 acres, approximately 10 miles Road 420; and Certain land in the Sumter National Forest, west of Rapid City, South Dakota. (v) on the west, by warrants 3109 and 3014. Andrew Pickens Ranger District, in Oconee (21) TENNESSEE.— (K) THE MUZETTE SPECIAL AREA.—Certain County, totaling approximately 3,500 acres, (A) BALD MOUNTAINS CLUSTER, TENNESSEE land in the Allegheny National Forest, known as ‘‘Five Falls, South Carolina Area’’, AREAS.—Certain land in the Nolichucky and Marienville Ranger District, Forest County, approximately 10 miles southeast of Clayton, Unaka Ranger Districts of the Cherokee Na- totaling approximately 325 acres, and com- Georgia. tional Forest, in Cocke County, Green Coun- prised of Allegheny National Forest land (G) PERSIMMON MOUNTAIN.—Certain land in ty, Washington County, and Unicoi County, bounded— the Sumter National Forest, Andrew Pickens totaling approximately 46,133 acres, known (i) on the west, by 79°16′ longitude, approxi- Ranger District, in Oconee County, totaling as the ‘‘Bald Mountains Cluster, Tennessee mately; approximately 7,000 acres, known as ‘‘Per- Areas’’, and comprised of 10 parcels known as (ii) on the north, by Forest Service Road simmon Mountain’’, approximately 12 miles ‘‘Laurel Hollow Mountain’’, ‘‘Devil’s Back- 561; south of Cashiers, North Carolina. bone’’, ‘‘Laurel Mountain’’, ‘‘Walnut Moun- (iii) on the east, by Forest Service Road (H) ROCK GORGE, SOUTH CAROLINA AREA.— tain’’, ‘‘Wolf Creek’’, ‘‘Meadow Creek Moun- 212; and Certain land in the Sumter National Forest, tain’’, ‘‘Brush Creek Mountain’’, ‘‘Paint (iv) on the south, by private land. Andrew Pickens Ranger District, in Oconee Creek’’, ‘‘Bald Mountain’’, and ‘‘Sampson (L) THE SUGAR RUN SPECIAL AREA.—Certain County, totaling approximately 2,000 acres, Mountain Extension’’, located near the land in the Allegheny National Forest, Brad- known as ‘‘Rock Gorge, South Carolina towns of Newport, Hot Springs, Greeneville, ford Ranger District, McKean County, total- Area’’, 12 miles southeast of Highlands, and Erwin. ing approximately 8,800 acres, and comprised North Carolina. (B) BIG FROG/COHUTTA CLUSTER.—Certain of Allegheny National Forest land bounded— (I) TAMASSEE.—Certain land in the Sumter land in the Cherokee National Forest, in (i) on the north, by State Route 346 and National Forest, Andrew Pickens Ranger Polk County, Ocoee Ranger District, private land; District, in Oconee County, totaling approxi- Hiwassee Ranger District, and Tennessee mately 5,500 acres, known as ‘‘Tamassee’’, Ranger District, totaling approximately (ii) on the east, by Forest Service Road 137; approximately 10 miles north of Walhalla, 28,800 acres, known as the ‘‘Big Frog/Cohutta and South Carolina. Cluster’’, comprised of 4 parcels known as (iii) on the south and west, by State Route (J) THRIFT’S FERRY, SOUTH CAROLINA ‘‘Big Frog Extensions’’, ‘‘Little Frog Exten- 321. AREA.—Certain land in the Sumter National sions’’, ‘‘Smith Mountain’’, and ‘‘Rock (M) THE TIONESTA SPECIAL AREA.—Certain Forest, Andrew Pickens Ranger District, in Creek’’, located near the towns of Copperhill, land in the Allegheny National Forest, Brad- Oconee County, totaling approximately 5,000 Ducktown, Turtletown, and Benton. ford and Marienville Ranger Districts, Elk, acres, known as ‘‘Thrift’s Ferry, South Caro- (C) CITICO CREEK WATERSHED CLUSTER TEN- Forest, McKean, and Warren Counties, total- lina Area’’, 10 miles east of Clayton, Georgia. NESSEE AREAS.—Certain land in the Tellico ling approximately 27,000 acres, and com- (20) SOUTH DAKOTA.— Ranger District of the Cherokee National prised of Allegheny National Forest land (A) BLACK FOX AREA.—Certain land in the Forest, in Monroe County, totaling approxi- bounded— Black Hills National Forest, totaling ap- mately 14,256 acres, known as the ‘‘Citico (i) on the west, by private land and State proximately 12,400 acres, located in the upper Creek Watershed Cluster, Tennessee Areas’’, Route 948; reaches of the Rapid Creek watershed, comprised of 4 parcels known as ‘‘Flats (ii) on the northwest, by Forest Service known as the ‘‘Black Fox Area’’, and roughly Mountain’’, ‘‘Miller Ridge’’, ‘‘Cowcamp Road 258; bounded— Ridge’’, and ‘‘Joyce Kilmer-Slickrock Exten- (iii) on the north, by Hoffman Farm Recre- (i) on the north, by FDR 206; sion’’, near the town of Tellico Plains. ation Area and Forest Service Road 486; (ii) on the south, by the steep slopes north (D) IRON MOUNTAINS CLUSTER.—Certain land (iv) on the northeast, by private land and of Forest Road 231; and in the Cherokee National Forest, Watauga State Route 6; (iii) on the west, by a fork of Rapid Creek. Ranger District, totaling approximately (v) on the east, by private land south to (B) BREAKNECK AREA.—Certain land in the 58,090 acres, known as the ‘‘Iron Mountains Forest Road 133, then by snowmobile trail Black Hills National Forest, totaling 6,700 Cluster’’, comprised of 8 parcels known as from Forest Road 133 to Windy City, then by acres, located along the northeast edge of ‘‘Big Laurel Branch Addition’’, ‘‘Hickory private land and Forest Road 327 to Russell the Black Hills in the vicinity of the Black Flat Branch’’, ‘‘Flint Mill’’, ‘‘Lower Iron City; and Hills National Cemetery and the Bureau of Mountain’’, ‘‘Upper Iron Mountain’’, ‘‘Lon- (vi) on the southwest, by State Routes 66 Land Management’s Fort Meade Recreation don Bridge’’, ‘‘Beaverdam Creek’’, and ‘‘Rod- and 948. Area, known as the ‘‘Breakneck Area’’, and gers Ridge’’, located near the towns of Bris- (19) SOUTH CAROLINA.— generally— tol and Elizabethton, in Sullivan County and (A) BIG SHOALS, SOUTH CAROLINA AREA.— (i) bounded by Forest Roads 139 and 169 on Johnson County. Certain land in the Sumter National Forest, the north, west, and south; and (E) NORTHERN UNICOI MOUNTAINS CLUSTER.— Andrew Pickens Ranger District, in Oconee (ii) demarcated along the eastern and west- Certain land in the Tellico Ranger District County, totaling approximately 2,000 acres, ern boundaries by the ridge-crests dividing of the Cherokee National Forest, in Monroe known as ‘‘Big Shoals, South Carolina the watershed. County, totaling approximately 30,453 acres, Area’’, 15 miles south of Highlands, North (C) NORBECK PRESERVE.—Certain land in known as the ‘‘Northern Unicoi Mountain Carolina. the Black Hills National Forest, totaling ap- Cluster’’, comprised of 4 parcels known as (B) BRASSTOWN CREEK, SOUTH CAROLINA proximately 27,766 acres, known as the ‘‘Bald River Gorge Extension’’, ‘‘Upper Bald AREA.—Certain land in the Sumter National ‘‘Norbeck Preserve’’, and encompassed ap- River’’, ‘‘Sycamore Creek’’, and ‘‘Brushy Forest, Andrew Pickens Ranger District, in proximately by a boundary that, starting at Ridge’’, near the town of Tellico Plains. Oconee County, totaling approximately 3,500 the southeast corner— (F) ROAN MOUNTAIN CLUSTER.—Certain land acres, known as ‘‘Brasstown Creek, South (i) runs north along FDR 753 and United in the Cherokee National Forest, Unaka and Carolina Area’’, approximately 15 miles west States Highway Alt. 16, then along SD 244 to Watauga Ranger Districts, totaling approxi- of Westminster, South Carolina. the junction of Palmer Creek Road, which mately 23,725 acres known as the ‘‘Roan (C) CHAUGA.—Certain land in the Sumter serves generally as a northwest limit; Mountain Cluster’’, comprised of 7 parcels National Forest, Andrew Pickens Ranger (ii) heads south from the junction of High- known as ‘‘Strawberry Mountain’’, ‘‘High- District, in Oconee County, totaling approxi- ways 87 and 89; lands of Roan’’, ‘‘Ripshin Ridge’’, ‘‘Doe River mately 16,000 acres, known as ‘‘Chauga’’, ap- (iii) runs southeast along Highway 87; and Gorge Scenic Area’’, ‘‘White Rocks Moun- proximately 10 miles west of Walhalla, South (iv) runs east back to FDR 753, excluding a tain’’, ‘‘Slide Hollow’’ and ‘‘Watauga Re- Carolina. corridor of private land along FDR 345. serve’’, approximately 8 to 20 miles south of (D) DARK BOTTOMS.—Certain land in the (D) PILGER MOUNTAIN AREA.—Certain land the town of Elizabethton, in Unicoi County, Sumter National Forest, Andrew Pickens in the Black Hills National Forest, totaling Carter County, and Johnson County.

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(G) SOUTHERN UNICOI MOUNTAINS CLUSTER.— (E) WHITE OAK RIDGE: TERRAPIN MOUN- ‘‘Hell Hole Creek’’, and ‘‘North Country Certain land in the Hiwassee Ranger District TAIN.—Certain land in the Glenwood Ranger Trail Hardwoods’’, in Ashland County and of the Cherokee National Forest, in Polk District of the Jefferson National Forest, Bayfield County. County, Monroe County, and McMinn Coun- known as ‘‘White Oak Ridge—Terrapin (G) SOUTHEAST GREAT DIVIDE CLUSTER.— ty, totaling approximately 11,251 acres, Mountain’’, totaling approximately 8,000 Certain land in the Chequamegon-Nicolet known as the ‘‘Southern Unicoi Mountains acres, east of the Blue Ridge Parkway, in National Forest, Medford Park Falls Ranger Cluster’’, comprised of 3 parcels known as Botentourt County and Rockbridge County. District, totaling approximately 25,000 acres, ‘‘Gee Creek Extension’’, ‘‘Coker Creek’’, and (F) WHITETOP MOUNTAIN.—Certain land in known as the ‘‘Southeast Great Divide Clus- ‘‘Buck Bald’’, near the towns of Etowah, the Jefferson National Forest, Mt. Rodgers ter’’, comprised of parcels known as ‘‘Snoose Benton, and Turtletown. Recreation Area, totaling 3,500 acres, known Lake’’, ‘‘Cub Lake’’, ‘‘Springbrook Hard- (H) UNAKA MOUNTAINS CLUSTER, TENNESSEE as ‘‘Whitetop Mountain’’, in Washington woods’’, ‘‘Upper Moose River’’, ‘‘East Fork AREAS.—Certain land in the Cherokee Na- County, Smyth County, and Grayson Coun- Chippewa River’’, ‘‘Upper Torch River’’, tional Forest, Unaka Ranger District, total- ty. ‘‘Venison Creek’’, ‘‘Upper Brunet River’’, ing approximately 15,669 acres, known as the (G) WILSON MOUNTAIN.—Certain land known ‘‘Bear Lake Slough’’, and ‘‘Noname Lake’’, ‘‘Unaka Mountains Cluster, Tennessee as ‘‘Wilson Mountain’’, in the Jefferson Na- in Ashland County and Sawyer County. Areas’’, comprised of 3 parcels known as tional Forest, Glenwood Ranger District, to- (H) DIAMOND ROOF CLUSTER.—Certain land ‘‘Nolichucky’’, ‘‘Unaka Mountain Exten- taling approximately 5,100 acres, east of in the Chequamegon-Nicolet National For- sion’’, and ‘‘Stone Mountain’’, approximately Interstate 81, in Botentourt County and est, Lakewood-Laona Ranger District, total- 8 miles from Erwin, in Unicoi County and Rockbridge County. ing approximately 6,000 acres, known as ‘‘Di- Carter County. (H) FEATHERCAMP.—Certain land in the Mt. amond Roof Cluster’’, comprised of 4 parcels (22) TEXAS: LONGLEAF RIDGE.—Certain land Rodgers Recreation Area of the Jefferson Na- known as ‘‘McCaslin Creek’’, ‘‘Ada Lake’’, in the Angelina National Forest, in Jasper tional Forest, totaling 4,974 acres, known as ‘‘Section 10 Lake’’, and ‘‘Diamond Roof’’, in County and Angelina County, totaling ap- ‘‘Feathercamp’’, located northeast of the Forest County, Langlade County, and Oconto proximately 30,000 acres, generally known as town of Damascus and north of State Route County. ‘‘Longleaf Ridge’’, and bounded— 58 on the Feathercamp ridge, in Washington (I) ARGONNE FOREST CLUSTER.—Certain (A) on the west, by Upland Island Wilder- County. land in the Chequamegon-Nicolet National ness Area; (25) WISCONSIN.— Forest, Eagle River-Florence Ranger Dis- (B) on the south, by the Neches River; and (A) FLYNN LAKE.—Certain land in the trict, totaling approximately 12,000 acres, (C) on the northeast, by Sam Rayburn Res- Chequamegon-Nicolet National Forest, known as ‘‘Argonne Forest Cluster’’, com- ervoir. Washburn Ranger District, totaling approxi- prised of parcels known as ‘‘Argonne Experi- (23) VERMONT.— mately 5,700 acres, known as ‘‘Flynn Lake’’, mental Forest’’, ‘‘Scott Creek’’, ‘‘Atkins (A) GLASTENBURY AREA.—Certain land in in the Flynn Lake semi-primitive non- Lake’’, and ‘‘Island Swamp’’, in Forest Coun- the Green Mountain National Forest, total- motorized area, in Bayfield County. ty. ing approximately 35,000 acres, located 3 (B) GHOST LAKE CLUSTER.—Certain land in (J) BONITA GRADE.—Certain land in the miles northeast of Bennington, generally the Chequamegon-Nicolet National Forest, Chequamegon-Nicolet National Forest, known as the ‘‘Glastenbury Area’’, and Great Divide Ranger District, totaling ap- Lakewood-Laona Ranger District, totaling bounded— proximately 6,000 acres, known as ‘‘Ghost approximately 1,200 acres, known as ‘‘Bonita (i) on the north, by Kelly Stand Road; Lake Cluster’’, including 5 parcels known as Grade’’, comprised of parcels known as (ii) on the east, by Forest Road 71; ‘‘Ghost Lake’’, ‘‘Perch Lake’’, ‘‘Lower Teal ‘‘Mountain Lakes’’, ‘‘Temple Lake’’, ‘‘Second (iii) on the south, by Route 9; and River’’, ‘‘Foo Lake’’, and ‘‘Bulldog Springs’’, South Branch’’, ‘‘First South Branch’’, and (iv) on the west, by Route 7. in Sawyer County. ‘‘South Branch Oconto River’’, in Langlade (B) LAMB BROOK.—Certain land in the (C) LAKE OWENS CLUSTER.—Certain land in County. Green Mountain National Forest, totaling the Chequamegon-Nicolet National Forest, (K) FRANKLIN AND BUTTERNUT LAKES CLUS- approximately 5,500 acres, located 3 miles Great Divide and Washburn Ranger Dis- TER.—Certain land in the Chequamegon- southwest of Wilmington, generally known tricts, totaling approximately 3,600 acres, Nicolet National Forest, Eagle River-Flor- as ‘‘Lamb Brook’’, and bounded— (i) on the west, by Route 8; known as ‘‘Lake Owens Cluster’’, comprised ence Ranger District, totaling approxi- (ii) on the south, by Route 100; of parcels known as ‘‘Lake Owens’’, mately 12,000 acres, known as ‘‘Franklin and (iii) on the north, by Route 9; and ‘‘Eighteenmile Creek’’, ‘‘Northeast Lake’’, Butternut Lakes Cluster’’, comprised of 8 (iv) on the east, by land owned by New and ‘‘Sugarbush Lake’’, in Bayfield County. parcels known as ‘‘Bose Lake Hemlocks’’, England Power Company. (D) MEDFORD CLUSTER.—Certain land in the ‘‘Luna White Deer’’, ‘‘Echo Lake’’, ‘‘Frank- (C) ROBERT FROST MOUNTAIN AREA.—Certain Chequamegon-Nicolet National Forest, Med- lin and Butternut Lakes’’, ‘‘Wolf Lake’’, land in the Green Mountain National Forest, ford-Park Falls Ranger District, totaling ap- ‘‘Upper Ninemile’’, ‘‘Meadow’’, and ‘‘Bailey totaling approximately 8,500 acres, known as proximately 23,000 acres, known as the ‘‘Med- Creeks’’, in Forest County and Oneida Coun- ‘‘Robert Frost Mountain Area’’, located ford Cluster’’, comprised of 12 parcels known ty. northeast of Middlebury, consisting of the as ‘‘County E Hardwoods’’, ‘‘Silver Creek/ (L) LAUTERMAN LAKE AND KIEPER CREEK.— Forest Service land bounded— Mondeaux River Bottoms’’, ‘‘Lost Lake Certain land in the Chequamegon-Nicolet (i) on the west, by Route 116; Esker’’, ‘‘North and South Fork Yellow Riv- National Forest, Eagle River-Florence Rang- (ii) on the north, by Bristol Notch Road; ers’’, ‘‘Bear Creek’’, ‘‘Brush Creek’’, er District, totaling approximately 2,500 (iii) on the east, by Lincoln/Ripton Road; ‘‘Chequamegon Waters’’, ‘‘John’s and Joseph acres, known as ‘‘Lauterman Lake and and Creeks’’, ‘‘Hay Creek Pine-Flatwoods’’, ‘‘558 Kieper Creek’’, in Florence County. (iv) on the south, by Route 125. Hardwoods’’, ‘‘Richter Lake’’, and ‘‘Lower (26) WYOMING: SAND CREEK AREA.— (24) VIRGINIA.— Yellow River’’, in Taylor County. (A) IN GENERAL.—Certain land in the Black (A) BEAR CREEK.—Certain land in the Jef- (E) PARK FALLS CLUSTER.—Certain land in Hills National Forest, totaling approxi- ferson National Forest, Wythe Ranger Dis- the Chequamegon-Nicolet National Forest, mately 8,300 acres known as the ‘‘Sand Creek trict, known as ‘‘Bear Creek’’, north of Rural Medford-Park Falls Ranger District, totaling area’’, located in Crook County, in the far Retreat, in Smyth County and Wythe Coun- approximately 23,000 acres, known as ‘‘Park northwest corner of the Black Hills. ty. Falls Cluster’’, comprised of 11 parcels (B) BOUNDARY.—Beginning in the north- (B) CAVE SPRINGS.—Certain land in the Jef- known as ‘‘Sixteen Lakes’’, ‘‘Chippewa west corner and proceeding counter- ferson National Forest, Clinch Ranger Dis- Trail’’, ‘‘Tucker and Amik Lakes’’, ‘‘Lower clockwise, the boundary for the Sand Creek trict, totaling approximately 3,000 acres, Rice Creek’’, ‘‘Doering Tract’’, ‘‘Foulds Area roughly follows— known as ‘‘Cave Springs’’, between State Creek’’, ‘‘Bootjack Conifers’’, ‘‘Pond’’, ‘‘Mud (i) forest Roads 863, 866, 866.1B; Route 621 and the North Fork of the Powell and Riley Lake Peatlands’’, ‘‘Little Willow (ii) a line linking forest roads 866.1B and River, in Lee County. Drumlin’’, and ‘‘Elk River’’, in Price County 802.1B; (C) DISMAL CREEK.—Certain land totaling and Vilas County. (iii) forest road 802.1B; approximately 6,000 acres, in the Jefferson (F) PENOKEE MOUNTAIN CLUSTER.—Certain (iv) forest road 802.1; National Forest, Blacksburg Ranger Dis- land in the Chequamegon-Nicolet National (v) an unnamed road; trict, known as ‘‘Dismal Creek’’, north of Forest, Great Divide Ranger District, total- (vi) Spotted Tail Creek (excluding all pri- State Route 42, in Giles County and Bland ing approximately 23,000 acres, known as vate land); County. ‘‘Penokee Mountain Cluster’’, comprised of— (vii) forest road 829.1; (D) STONE COAL CREEK.—Certain land in the (i) the Marengo River and Brunsweiler (viii) a line connecting forest roads 829.1 Jefferson National Forest, New Castle Rang- River semi-primitive nonmotorized areas; and 864; er District, totaling approximately 2,000 and (ix) forest road 852.1; and acres, known as ‘‘Stone Coal Creek’’, in (ii) parcels known as ‘‘St. Peters Dome’’, (x) a line connecting forest roads 852.1 and Craig County and Botentourt County. ‘‘Brunsweiler River Gorge’’, ‘‘Lake Three’’, 863.

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(d) COMMITTEE OF SCIENTISTS.— (2) no extractive logging shall be permitted (B) NOTICE.—No notice is required to en- (1) ESTABLISHMENT.—The Secretaries con- except of non-native invasive tree species, in force this subsection. cerned shall appoint a committee consisting which case the limitations on logging in title TITLE III—EFFECTIVE DATE of scientists who— I shall apply; and SEC. 301. EFFECTIVE DATE. (A) are not officers or employees of the (3) no improvements for the purpose of ex- This Act and the amendments made by Federal Government; tractive logging shall be permitted. this Act take effect on the date of enactment (B) are not officers or employees of any en- (e) MAINTENANCE OF EXISTING ROADS.— of this Act. tity engaged in whole or in part in the pro- (1) IN GENERAL.—Except as provided in SEC. 302. EFFECT ON EXISTING CONTRACTS. duction of wood or wood products; and paragraph (2), the restrictions described in This Act and the amendments made by (C) have not contracted with or rep- subsection (a) shall not prohibit the mainte- this Act shall not apply to any contract for resented any entity described in subpara- nance of an improved road, or any road ac- the sale of timber that was entered into on graph (A) or (B) in a period beginning 5 years cessing private inholdings. or before the date of enactment of this Act. before the date on which the scientist is ap- (2) ABANDONED ROADS.—Any road that the SEC. 303. WILDERNESS ACT EXCLUSION. pointed to the committee. Secretary determines to have been aban- This Act and the amendments made by (2) RECOMMENDATIONS FOR ADDITIONAL SPE- doned before the date of enactment of this this Act shall not apply to any Federal wil- CIAL AREAS.—Not later than 2 years of the Act shall not be maintained or recon- derness area designated under the Wilderness date of the enactment of this Act, the com- structed. Act (16 U.S.C. 1131 et seq.). mittee shall provide Congress with rec- (f) ENFORCEMENT.— TITLE IV—GIANT SEQUOIA NATIONAL ommendations for additional special areas. (1) FINDING.—Congress finds that all people MONUMENT (3) CANDIDATE AREAS.—Candidate areas for of the United States are injured by actions recommendation as additional special areas on land to which this section applies. SEC. 401. FINDINGS. Congress finds that— shall have outstanding biological values that (2) PURPOSE.—The purpose of this sub- (1) in accordance with the Act of June 8, are exemplary on a local, regional, and na- section is to foster the widest possible en- 1906 (16 U.S.C. 431 et seq.), the Giant Sequoia tional level, including the presence of— forcement of this section. National Monument was created by presi- (A) threatened or endangered species of (3) FEDERAL ENFORCEMENT.—The Secretary dential proclamation on April 15, 2000; plants or animals; and the Attorney General of the United (2) the Proclamation accurately states the (B) rare or endangered ecosystems; States shall enforce this section against any following: ‘‘The rich and varied landscape of (C) key habitats necessary for the recovery person that violates this section. the Giant Sequoia National Monument holds of endangered or threatened species; (4) CITIZEN SUITS.— a diverse array of scientific and historic re- (D) recovery or restoration areas of rare or (A) IN GENERAL.—A citizen harmed by a sources. Magnificent groves of towering underrepresented forest ecosystems; violation of this section may enforce this giant sequoias, the world’s largest trees, are (E) migration corridors; section by bringing a civil action for a de- interspersed within a great belt of coniferous (F) areas of outstanding biodiversity; claratory judgment, a temporary restraining forest, jeweled with mountain meadows. Bold (G) old growth forests; order, an injunction, statutory damages, or granitic domes and spires, and plunging (H) commercial fisheries; and other remedy against any alleged violator, gorges, texture the landscape. The area’s ele- (I) sources of clean water such as key wa- including the United States, in any district vation climbs from about 2,500 to 9,700 feet tersheds. court of the United States. over a distance of only a few miles, cap- (4) GOVERNING PRINCIPLE.—The committee (B) JUDICIAL RELIEF.—If a district court of turing an extraordinary number of habitats shall adhere to the principles of conservation the United States determines that a viola- within a relatively small area. This spec- biology in identifying special areas based on tion of this section has occurred, the district trum of ecosystems is home to a diverse biological values. court— array of plants and animals, many of which SEC. 204. RESTRICTIONS ON MANAGEMENT AC- (i) shall impose a damage award of not less are rare or endemic to the southern Sierra TIVITIES IN ANCIENT FORESTS, than $5,000; Nevada. The monument embraces limestone ROADLESS AREAS, WATERSHED PRO- (ii) may issue 1 or more injunctions or caverns and holds unique paleological re- TECTION AREAS, AND SPECIAL other forms of equitable relief; and sources documenting tens of thousands of AREAS. (iii) shall award to each prevailing party years of ecosystem change. The monument (a) RESTRICTION OF MANAGEMENT ACTIVI- the reasonable costs of bringing the action, also has many archaeological sites recording TIES IN ANCIENT FORESTS.—On Federal land including attorney’s fees, witness fees, and Native American occupation and adaptations located in Ancient forests— other necessary expenses. to this complex landscape, and historic rem- (1) no roads shall be constructed or recon- (C) STANDARD OF PROOF.—The standard of nants of early Euroamerican settlement as structed; proof in all actions under this paragraph well as the commercial exploitation of the (2) no extractive logging shall be per- shall be the preponderance of the evidence. giant sequoias. The monument provides ex- mitted; and (D) TRIAL.—A trial for any action under emplary opportunities for biologists, geolo- (3) no improvements for the purpose of ex- this section shall be de novo. gists, paleontologists, archaeologists, and tractive logging shall be permitted. (E) PAYMENT OF DAMAGES.— historians to study these objects.’’ ; (b) RESTRICTION OF MANAGEMENT ACTIVI- (i) NON-FEDERAL VIOLATOR.—A damage (3) the various ecosystems cited as the TIES IN ROADLESS AREAS.—On Federal land award under subparagraph (B)(i) shall be basis for establishment of the Monument— located in roadless areas (except military in- paid by a non-Federal violator or violators (A) extend beyond the existing boundaries stallations)— designated by the court to the Treasury. of the Monument; and (1) no roads shall be constructed or recon- (ii) FEDERAL VIOLATOR.— (B) encompass the fragile and extremely structed; (I) IN GENERAL.—Not later than 40 days diverse southern Sierra Nevada bioregion (2) no extractive logging shall be permitted after the date on which judgment is ren- and the overlapping Mohave ecosystem; except of non-native invasive tree species, in dered, a damage award under subparagraph (4) to protect all the ecosystems and ob- which case the limitations on logging in title (B)(i) for which the United States is deter- jects described in the Proclamation, the I shall apply; and mined to be liable shall be paid from the boundaries of the Monument must be ex- (3) no improvements for the purpose of ex- Treasury, as provided under section 1304 of tended to provide for watershed integrity, tractive logging shall be permitted. title 31, United States Code, to the person or seasonal wildlife migrations, and other bene- (c) RESTRICTION OF MANAGEMENT ACTIVI- persons designated to receive the damage fits; TIES IN WATERSHED PROTECTION AREAS.—On award. (5) even though the primary reason for es- Federal land located in watershed protection (II) USE OF DAMAGE AWARD.—A damage tablishing the Monument was to rescue the areas— award described under subclause (I) shall be area from the effects of road building and se- (1) no roads shall be constructed or recon- used by the recipient to protect or restore vere logging implemented by the Forest structed; native biodiversity on Federal land or on Service, the Proclamation left the Monu- (2) no extractive logging shall be permitted land adjoining Federal land. ment under the jurisdiction of the Chief of except of non-native invasive tree species, in (III) COURT COSTS.—Any award of costs of the Forest Service; which case the limitations on logging in title litigation and any award of attorney fees (6) the Proclamation provides the fol- I shall apply; and shall be paid by a Federal violator not later lowing: ‘‘No portion of the Monument shall (3) no improvements for the purpose of ex- than 40 days after the date on which judg- be considered to be suited for timber produc- tractive logging shall be permitted. ment is rendered. tion, and no part of the Monument shall be (d) RESTRICTION OF MANAGEMENT ACTIVI- (5) WAIVER OF SOVEREIGN IMMUNITY.— used in a calculation or provision of a sus- TIES IN SPECIAL AREAS.—On Federal land lo- (A) IN GENERAL.—The United States (in- tained yield of timber from the Sequoia Na- cated in special areas— cluding agents and employees of the United tional Forest.’’; (1) no roads shall be constructed or recon- States) waives its sovereign immunity in all (7) the Proclamation provided that ‘‘[t]hese structed; respects in all actions under this section. forests [in the Monument] need restoration

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to counteract the effects of a century of fire tory results in needlessly wasteful manage- (e) HEADQUARTERS.—The headquarters for suppression and logging’’; ment procedures. the Monument shall be located at the Na- (8) throughout the history of the Forest SEC. 402. DEFINITIONS. tional Park Service facility at Three Rivers, Service, the Forest Service has been focused In this title: California, which is the headquarters of Se- on the logging of Federal land for the pur- (1) ADVISORY BOARD.—The term ‘‘Advisory quoia National Park and Kings Canyon Na- pose of selling timber; Board’’ means the Giant Sequoia National tional Park. (9) because of this emphasis on logging and Monument Advisory Board established under (f) VISITOR CENTERS.—Visitors centers for for other reasons, the National Park Service section 404(d)(1). the Monument shall be located at— would be better able to manage the Monu- (2) MANAGEMENT PLAN.—The term ‘‘man- (1) Grant Grove Visitor Center in Kings ment than the Forest Service; agement plan’’ means the management plan Canyon National Park; (10) the National Park Service manages 73 for the Monument required by the Proclama- (2) Springville, the principal entrance to national monuments, many of which were tion. the west side of the southern unit of the originally under the jurisdiction of the For- (3) MONUMENT.—The term ‘‘Monument’’ Monument; and est Service and were later transferred to the means the Giant Sequoia National Monu- (3) Kernville. National Park System by an Act of Congress ment established by the Proclamation. SEC. 405. ADDITIONS TO THE SIERRA NATIONAL or by Executive Order; (4) PROCLAMATION.—The term ‘‘Proclama- FOREST AND INYO NATIONAL FOR- (11) national monuments were managed by tion’’ means the Presidential Proclamation EST. different Federal agencies, including the De- number 7295, dated April 15, 2000 (65 Fed. Reg. (a) SIERRA NATIONAL FOREST.— partment of Agriculture, until 1933, when 24095). (1) IN GENERAL.—The portion of the Se- President Franklin D. Roosevelt consoli- (5) SECRETARY.—The term ‘‘Secretary’’ quoia National Forest located north of Se- dated the management of national monu- means the Secretary of the Interior, acting quoia National Park that is not included in ments in the National Park Service through through the Director of the National Park the Monument is added to the Sierra Na- Executive Order 6166 of June 10, 1933, and Ex- Service. tional Forest. ecutive Order 6228 of July 28, 1933; (6) SUPERINTENDENT.—The term ‘‘Super- (2) BOUNDARY REVISION.—The boundary of (12) in most cases, national monuments es- intendent’’ means the Superintendent of the the Sequoia National Forest is adjusted to tablished by presidential proclamation and Monument appointed under section 404(c). include the land added by paragraph (1). assigned to the Forest Service or other Fed- SEC. 403. ADDITIONS TO GIANT SEQUOIA NA- (b) INYO NATIONAL FOREST.— eral agencies have been ultimately trans- TIONAL MONUMENT. (1) IN GENERAL.—The portion of the Se- ferred to the Secretary of the Interior, to be (a) IN GENERAL.—There is added to the quoia National Forest south of Sequoia Na- managed by the National Park Service; Monument— tional Park that is not included in the (13) in a number of cases, Congress has (1) the approximately 40,640 acres of land Monument is added to the Inyo National eventually converted national monuments between the Western Divide (commonly Forest. under the jurisdiction of the National Park known as the ‘‘Greenhorn Mountains’’) and (2) BOUNDARY REVISION.—The boundary of Service into national parks; the center line of the Kern River, south to the Inyo National Forest is adjusted to in- (14) national monuments that were con- the boundary line between Tulare and Kern clude the land added by paragraph (1). verted into national parks include the Grand counties; and SEC. 406. AUTHORIZATION OF APPROPRIATIONS. Canyon National Park, Olympic National (2) the Jenny Lakes Wilderness. There are authorized to be appropriated Park, and Death Valley National Park; (b) BOUNDARY REVISION.—The boundary of such sums as are necessary to carry out sec- the Monument is revised to reflect the addi- (15) Congress has converted large areas of tions 404 and 405. national forests into some of the national tion of the land to the Monument under sub- parks and national monuments most cher- section (a). f ished by the people of the United States; SEC. 404. TRANSFER OF ADMINISTRATIVE JURIS- (16) prominent examples of conversions in DICTION OVER THE GIANT SEQUOIA SUBMITTED RESOLUTIONS the region of the Monument are— NATIONAL MONUMENT. (a) IN GENERAL.—Administrative jurisdic- (A) Kings Canyon National Park, which tion over the Monument is transferred from was created out of the Sierra National For- the Secretary of Agriculture to the Sec- est and Sequoia National Forest in 1940; SENATE RESOLUTION 280—SUP- retary. (B) the major eastward extension doubling PORTING ‘‘LIGHTS ON AFTER- (b) APPLICABLE LAW.—The Monument shall the size of Sequoia National Park in 1926, be administered in accordance with the SCHOOL’’, A NATIONAL CELEBRA- with land for the addition being taken from Proclamation, except that any deliberations TION OF AFTER SCHOOL PRO- the Sequoia National Forest; and of the Chief of the Forest Service with re- GRAMS (C) the Mineral King addition to the Se- spect to management of the Monument shall Mr. DODD (for himself, Mr. ENSIGN, quoia National Park in 1978, with land for be set aside. the addition being taken from Sequoia Na- (c) SUPERINTENDENT.—The Secretary shall Mr. AKAKA, Mrs. BOXER, Mr. BURNS, tional Forest; appoint a Superintendent for the Monument Mr. BURR, Ms. CANTWELL, Mr. CARPER, (17) the Monument has more acres of se- to administer the Monument. Mrs. CLINTON, Mr. COCHRAN, Ms. COL- quoia groves than are contained in Sequoia, (d) ADVISORY BOARD.— LINS, Mr. CORNYN, Mr. CORZINE, Mr. Kings Canyon, Yosemite, and Calaveras Big (1) IN GENERAL.—The Superintendent shall DAYTON, Mr. DURBIN, Mr. FEINGOLD, Tree, which are the only national parks and establish an advisory board, to be known as Mrs. FEINSTEIN, Mr. INOUYE, Mr. State parks in which sequoias occur; the ‘‘Giant Sequoia National Monument Ad- (18) the largest tree in the world may still visory Board’’, comprised of 9 members, to be KERRY, Mr. KOHL, Ms. LANDRIEU, Mr. await discovery in some remote area of the appointed by the Superintendent. LAUTENBERG, Mr. LEVIN, Mr. LIEBER- Monument; (2) PROHIBITION ON FEDERAL GOVERNMENT MAN, Ms. MIKULSKI, Ms. MURKOWSKI, (19) to save the ecological integrity of the EMPLOYMENT.—Members of the Advisory Mrs. MURRAY, Mr. NELSON of Nebraska, Monument, it is essential that the approxi- Board shall not be employees of the Federal Mr. REID, Mr. SALAZAR, Ms. SNOWE, Mr. mately 40,640 acres of land between the West- Government. SPECTER, and Ms. STABENOW) submitted ern Divide (commonly known as the ‘‘Green- (3) TERMS.— the following resolution; which was horn Mountains’’) and the center line of the (A) IN GENERAL.—A member of the Advi- considered and agreed to: Kern River, south to the boundary line be- sory Board shall serve for a term of not more tween Tulare and Kern counties, be included than 4 years. S. RES. 280 in the monument; (B) INTERVALS.—The Superintendent shall Whereas high quality after school pro- (20) Sequoia National Forest land, north of appoint members of the Advisory Board in a grams provide safe, challenging, engaging, Sequoia National Park, should be added to manner that allows the terms of the mem- and fun learning experiences to help children the Sierra National Forest, which adjoins bers to expire at staggered intervals. and youth develop their social, emotional, the Sierra National Forest on the north; (4) DUTIES.—The Advisory Board shall— physical, cultural, and academic skills; (21) for reasons of accessibility, economy, (A) assist in the preparation of the man- Whereas high quality after school pro- and general efficiency of operation, the re- agement plan; and grams support working families by ensuring maining Sequoia National Forest territory (B) provide recommendations with respect that the children in such families are safe south of Sequoia National Park belongs in to the management of the Monument. and productive after the regular school day the Inyo National Forest, which already (5) PROCEDURES.—The Superintendent shall ends; shares the Golden Trout Wilderness with the establish procedures and standards for the Whereas high quality after school pro- Sequoia National Forest; and Advisory Board. grams build stronger communities by involv- (22) the overlapping jurisdiction with re- (6) OPEN MEETINGS.—Meetings of the Advi- ing the Nation’s students, parents, business spect to the Sequoia National Forest terri- sory Board shall be open to the public. leaders, and adult volunteers in the lives of

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23224 CONGRESSIONAL RECORD—SENATE October 19, 2005 the Nation’s youth, thereby promoting posi- abilities and desires to contribute to their ending September 30, 2006, and for other pur- tive relationships among children, youth, communities, their professions, and their poses; which was ordered to lie on the table. families, and adults; country; SA 2113. Mr. BOND (for himself, Mr. DOR- Whereas high quality after school pro- Whereas President Lyndon B. Johnson es- GAN, Mr. NELSON, of Florida, Mr. CORZINE, grams engage families, schools, and diverse tablished the President’s Commission on and Mr. TALENT) proposed an amendment to community partners in advancing the well- White House Fellowships, through Executive the bill H.R. 3058, supra. being of the Nation’s children; Order 11183, to create a program that would SA 2114. Mrs. BOXER (for herself and Mr. Whereas ‘‘Lights On Afterschool!’’, a na- select between 11 and 19 outstanding young SCHUMER) submitted an amendment intended tional celebration of after school programs Americans every year and bring them to to be proposed by her to the bill H.R. 3058, held on October 20, 2005, promotes the crit- Washington for ‘‘first hand, high-level expe- supra; which was ordered to lie on the table. ical importance of high quality after school rience in the workings of the Federal Gov- SA 2115. Mr. ENZI proposed an amendment programs in the lives of children, their fami- ernment, to establish an era when the young to the bill H.R. 3058, supra. lies, and their communities; men and women of America and their gov- SA 2116. Mr. LUGAR submitted an amend- Whereas more than 28,000,000 children in ernment belonged to each other—belonged to ment intended to be proposed by him to the the United States have parents who work each other in fact and in spirit’’; bill H.R. 3058, supra; which was ordered to lie outside the home and 14,300,000 children in Whereas the White House Fellows Program on the table. the United States have no place to go after has steadfastly remained a nonpartisan pro- SA 2117. Mrs. CLINTON submitted an school; and gram that has served 8 Presidents exception- amendment intended to be proposed by her Whereas many after school programs ally well; to the bill H.R. 3058, supra; which was or- across the United States are struggling to Whereas the nearly 600 White House Fel- dered to lie on the table. keep their doors open and their lights on: lows that have served, have established a SA 2118. Mr. DORGAN submitted an Now, therefore, be it legacy of leadership in every aspect of Amer- amendment intended to be proposed by him Resolved, That the Senate supports the ican society that includes appointments as to the bill H.R. 3058, supra; which was or- goals and ideals of ‘‘Lights On Afterschool!’’ Cabinet officials and senior White House dered to lie on the table. a national celebration of after school pro- staff, election to the House of Representa- SA 2119. Mr. ENSIGN (for himself and Mr. grams. tives, Senate, and State and local Govern- REID) submitted an amendment intended to ment, appointments to the Federal, State, f be proposed by him to the bill H.R. 3058, and local judiciary, appointments as United supra; which was ordered to lie on the table. SENATE RESOLUTION 281—HON- States Attorneys, leadership in many of the SA 2120. Mr. VOINOVICH (for himself and ORING AND THANKING JAMES Nation’s largest corporations and law firms, Mr. DEWINE) submitted an amendment in- PATRICK ROHAN service as presidents of colleges and univer- tended to be proposed by him to the bill H.R. sities, deans of our most distinguished grad- 3058, supra; which was ordered to lie on the Mr. FRIST (for himself and Mr. REID) uate schools, officials in nonprofit organiza- table. submitted the following resolution; tions, distinguished scholars and historians, SA 2121. Mr. SCHUMER (for himself and which was considered and agreed to: and service as senior leaders in every branch Mrs. CLINTON) submitted an amendment in- S. RES. 281 of the United States Armed Forces; tended to be proposed by him to the bill H.R. Whereas this legacy of leadership is a na- 3058, supra; which was ordered to lie on the Whereas Assistant Chief of Police James tional resource that has been used by the Na- table. Patrick Rohan, a native of the State of tion in major challenges including orga- SA 2122. Mr. SCHUMER submitted an Maryland, has served the United States Cap- nizing resettlement operations following the amendment intended to be proposed by him itol Police for thirty (30) years with distinc- Vietnam War, assisting with the national re- to the bill H.R. 3058, supra; which was or- tion having been appointed as a Private on sponse to terrorist attacks, managing the dered to lie on the table. December 8, 1975; aftermath of natural disasters such as Hurri- SA 2123. Mr. DAYTON submitted an Whereas Assistant Chief Rohan, haven canes Katrina and Rita, and reforming and amendment intended to be proposed by him risen through the ranks to his current posi- innovating in national and international se- to the bill H.R. 3058, supra. tion over his longstanding career, has been curities and capital markets; SA 2124. Mr. SCHUMER (for himself, Ms. instrumental in a variety of initiatives de- Whereas the nearly 600 White House Fel- SNOWE, Mrs. CLINTON, Mr. JEFFORDS, and Mr. signed to enhance the security of the Con- lows have characterized their post-Fellow- LEAHY) submitted an amendment intended to gress; ship years with a lifetime commitment to be proposed by him to the bill H.R. 3058, Whereas Assistant Chief Rohan, who holds public service through continuing personal supra; which was ordered to lie on the table. a Master of Science Degree in Justice/Law and professional renewal and association, SA 2125. Mr. SCHUMER submitted an Enforcement from the American University creating a Fellows community of mutual amendment intended to be proposed by him and a Bachelor of Arts Degree in Law En- support for leadership at every level of gov- to the bill H.R. 3058, supra; which was or- forcement from the University of Maryland, ernment and in every element of our na- dered to lie on the table. as well as numerous specialized law enforce- tional life; and SA 2126. Mr. SCHUMER submitted an ment and security training accomplishments Whereas September 1, 2005, marked the amendment intended to be proposed by him and honors: Now, therefore, be it 40th anniversary of the first class of White to the bill H.R. 3058, supra; which was or- Resolved, That the Senate hereby honors House Fellows to serve this Nation: Now, dered to lie on the table. and thanks James Patrick Rohan and his therefore, be it SA 2127. Mr. FRIST (for himself, Mrs. wife, Cecilia, and children, Ben, Natalie, Eric Resolved by the Senate (the House of Rep- DOLE, Ms. STABENOW, and Mrs. CLINTON) sub- and David, and his entire family, for a life- resentatives concurring), That Congress— mitted an amendment intended to be pro- long professional commitment of service to (1) recognizes the 40th anniversary of the posed by him to the bill H.R. 3058, supra; the United States Capitol Police and the White House Fellows program and commends which was ordered to lie on the table. United States Congress. the White House Fellows for their continuing SA 2128. Mr. FRIST (for himself, Mrs. f lifetime commitment to public service; DOLE, Ms. STABENOW, and Mrs. CLINTON) sub- (2) acknowledges the legacy of leadership SENATE CONCURRENT RESOLU- mitted an amendment intended to be pro- provided by White House Fellows over the posed by him to the bill H.R. 3058, supra; TION 59—RECOGNIZING THE 40TH years in their local communities, the Nation, which was ordered to lie on the table. ANNIVERSARY OF THE WHITE and the world; and SA 2129. Mr. WARNER submitted an HOUSE FELLOWS PROGRAM (3) expresses appreciation and support for amendment intended to be proposed by him the continuing leadership of White House to the bill H.R. 3058, supra; which was or- Mr. BROWNBACK submitted the fol- Fellows in all aspects of our national life in lowing concurrent resolution; which dered to lie on the table. the years ahead. SA 2130. Mr. WARNER submitted an was referred to the Committee on the f amendment intended to be proposed by him Judiciary: to the bill H.R. 3058, supra; which was or- Whereas in 1964, John D. Gardner presented AMENDMENTS SUBMITTED AND dered to lie on the table. the idea of selecting a handful of outstanding PROPOSED SA 2131. Mr. CORNYN submitted an men and women to come to Washington to SA 2112. Mr. COBURN submitted an amendment intended to be proposed by him participate as Fellows and learn the work- amendment intended to be proposed by him to the bill H.R. 3058, supra; which was or- ings of the highest levels of the Federal Gov- to the bill H.R. 3058, making appropriations dered to lie on the table. ernment to learn about leadership as they for the Departments of Transportation, SA 2132. Mr. REID submitted an amend- observed the Nation’s officials in action and Treasury, and Housing and Urban Develop- ment intended to be proposed by him to the met with these officials and other leaders of ment, the Judiciary, District of Columbia, bill H.R. 3058, supra; which was ordered to lie society, thereby strengthening the Fellows’ and independent agencies for the fiscal year on the table.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23225 SA 2133. Mr. DORGAN (for himself, Mr. which was ordered to lie on the table; infrastructure), other sructures designated CRAIG, Mr. ENZI, and Mr. BAUCUS) proposed as follows: for use by the general public or which have an amendment to the bill H.R. 3058, supra. other common-carrier or public-utility func- On page 276, after line 24, insert the fol- SA 2134. Mr. GRASSLEY submitted an tions that serve the general public and are lowing: amendment intended to be proposed by him subject to regulation and oversight by the SEC. 1ll.(a) Item number 14 of the table to the bill H.R. 3058, supra; which was or- government, and projects for the removal of contained in section 1302 of the Safe, Ac- dered to lie on the table. blight (including areas identified by units of countable, Flexible, Efficient Transportation SA 2135. Mr. FEINGOLD submitted an local government for recovery from natural Equity Act: A Legacy for Users (Public Law amendment intended to be proposed by him disasters) or brownsfields as defined in the 109–59; 119 Stat. 1144) is amended— to the bill H.R. 3058, supra; which was or- Small Business Liability Relief and (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; dered to lie on the table. Brownsfields Revitalization Act (Pub. Law and SA 2136. Mr. COBURN submitted an amend- 107–118) shall be considered a public use for (2) by striking ‘‘Planning, design, and con- ment intended to be proposed by him to the purposes of eminent domain: Provided fur- struction of Knik Arm Bridge’’ and inserting bill H.R. 3058, supra; which was ordered to lie ther, That the Government Accountability ‘‘Reconstruction of Twin Spans Bridge con- on the table. Office, in consultation with the National necting New Orleans and Slidell, Louisiana’’. SA 2137. Mr. COLEMAN (for himself, Mr. Academy for Public Administration, organi- (b) The table contained in section 1702 of LEVIN, and Mr. AKAKA) submitted an amend- zations representing state and local govern- the Safe, Accountable, Flexible, Efficient ment intended to be proposed by him to the ments, and property rights organizations, Transportation Equity Act: A Legacy for bill H.R. 3058, supra; which was ordered to lie shall conduct a study to be submitted to the Users (Public Law 109–59; 119 Stat. 1144) is on the table. Congress within 12 months of the enactment amended— SA 2138. Mr. MCCAIN submitted an amend- of this Act on the nationwide use of eminent (1) in item number 2465— ment intended to be proposed by him to the domain, including the procedures used and (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; bill H.R. 3058, supra; which was ordered to lie the results accomplished on a state-by-state and on the table. basis as well as the impact on individual (B) by striking ‘‘Planning, design, and con- SA 2139. Mr. BOND (for Mrs. BOXER) pro- property owners and on the affected commu- struction of Knik Arm Bridge’’ and inserting posed an amendment to the bill H.R. 3058, nities.’’ supra. ‘‘Reconstruction of Twin Spans Bridge connecting New Orleans and Slidell, Louisiana’’; SA 2140. Mr. BOND (for Ms. STABENOW) sub- SA 2114. Mrs. BOXER (for herself and mitted an amendment intended to be pro- and (2) in item number 3677— Mr. SCHUMER) submitted an amend- posed by Mr. BOND to the bill H.R. 3058, ment intended to be proposed by her to supra. (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; SA 2141. Mrs. MURRAY submitted an and the bill H.R. 3058, making appropria- amendment intended to be proposed by her (B) by striking ‘‘Planning, design, and con- tions for the Departments of Transpor- to the bill H.R. 3058, supra. struction of Knik Arm Bridge’’ and inserting tation, Treasury, and Housing and SA 2142. Mr. MCCONNELL (for Mr. ENZI) ‘‘Reconstruction of Twin Spans Bridge con- Urban Development, the Judiciary, proposed an amendment to the bill H.R. 3204, necting New Orleans and Slidell, Louisiana’’. District of Columbia, and independent to amend title XXVII of the Public Health (c) Item number 2 of the table contained in agencies for the fiscal year ending Sep- Service Act to extend Federal funding for section 1934 of the Safe, Accountable, Flexi- ble, Efficient Transportation Equity Act: A tember 30, 2006, and for other purposes; the establishment and operation of State which was ordered to lie on the table; high risk health insurance pools. Legacy for Users (Public Law 109–59; 119 SA 2143. Mr. DAYTON submitted an Stat. 1144) is amended— as follows: amendment intended to be proposed by him (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; On page 310, line 16, insert ‘‘, and of which to the bill H.R. 3058, making appropriations and $4,500,000 shall be for capacity building ac- for the Departments of Transportation, (2) by striking ‘‘Improvements to the Knik tivities administered by Habitat for Human- Treasury, and Housing and Urban Develop- Arm Bridge’’ and inserting ‘‘Reconstruction ity International’’ after ‘‘tribal areas’’. ment, the Judiciary, District of Columbia, of Twin Spans Bridge connecting New Orle- and independent agencies for the fiscal year ans and Slidell, Louisiana’’. SA 2115. Mr. ENZI proposed an ending September 30, 2006, and for other pur- (d) Sections 1949 and 4411 of the Safe, Ac- amendment to the bill H.R. 3058, mak- poses; which was ordered to lie on the table. countable, Flexible, Efficient Transportation ing appropriations for the Departments SA 2144. Mr. CORZINE submitted an Equity Act: A Legacy for Users (Public Law of Transportation, Treasury, and Hous- amendment intended to be proposed by him 109–59; 119 Stat. 1144) are repealed. (e) Nothing in this section or an amending and Urban Development, the Judi- to the bill H.R. 3058, supra; which was or- ciary, District of Columbia, and inde- dered to lie on the table. ment made by this section affects the alloca- SA 2145. Mr. LAUTENBERG (for himself tion of funds to any State other than the pendent agencies for the fiscal year and Mr. LOTT) submitted an amendment in- States of Alaska and Louisiana. ending September 30, 2006, and for tended to be proposed by him to the bill H.R. other purposes; as follows: 3058, supra; which was ordered to lie on the SA 2113. Mr. BOND (for himself, Mr. At the appropriate place add the following: table. DORGAN, Mr. NELSON of Florida, Mr. ll—ASSISTANCE FOR WORKERS AND SA 2146. Mr. ENSIGN (for himself, Mr. CORZINE, and Mr. TALENT) proposed an SMALL BUSINESSES ALLEN, and Mr. DEMINT) submitted an amendment to the bill H.R. 3058, mak- Subtitle A—Minimum Wage Adjustment amendment intended to be proposed by him ing appropriations for the Departments SEC. ll01. MINIMUM WAGE. to the bill H.R. 3058, supra; which was or- of Transportation, Treasury, and Hous- dered to lie on the table. (a) IN GENERAL.—Section 6(a)(1) of the Fair ing and Urban Development, the Judi- SA 2147. Mr. DEWINE submitted an amend- Labor Standards Act of 1938 (29 U.S.C. ment intended to be proposed by him to the ciary, District of Columbia, and inde- 206(a)(1)) is amended to read as follows: bill H.R. 3058, supra; which was ordered to lie pendent agencies for the fiscal year ‘‘(1) except as otherwise provided in this on the table. ending September 30, 2006, and for section, not less than— SA 2148. Mr. PRYOR submitted an amend- other purposes; as follows: ‘‘(A) $5.70 an hour, beginning 6 months after the date of enactment of the Transpor- ment intended to be proposed by him to the Insert the following on page 348, after line tation, Treasury, the Judiciary, Housing and bill H.R. 3058, supra; which was ordered to lie 5, and renumber accordingly: Urban Development, and Related Agencies on the table. ‘‘SEC. 321. No funds in this Act may be used Appropriations Act, 2006; and f to support any federal, state, or local ‘‘(B) $6.25 an hour, beginning 18 months projects that seek to use the power of emi- TEXT OF AMENDMENTS after such date of enactment;’’. nent domain, unless eminent domain is em- (b) EFFECTIVE DATE.—The amendment ployed only for a public use: Provided, That SA 2112. Mr. COBURN submitted an made by subsection (a) shall take effect 6 for purposes of this section, public use shall amendment intended to be proposed by months after the date of enactment of the not be construed to include economic devel- him to the bill H.R. 3058, making ap- Transportation, Treasury, the Judiciary, opment that primarily benefits private enti- propriations for the Departments of Housing and Urban Development, and Re- ties: Provided further, That any use of funds Transportation, Treasury, and Housing lated Agencies Appropriations Act, 2006. for mass transit, railroad, airport, seaport or and Urban Development, the Judiciary, highway projects as well as utility projects Subtitle B—Workplace Flexibility District of Columbia, and independent which benefit or serve the general public (in- SEC. ll11. SHORT TITLE. agencies for the fiscal year ending Sep- cluding energy-related, communication-re- This subtitle may be cited as the ‘‘Work- tember 30, 2006, and for other purposes; lated, water-related and wastewater-related place Flexibility Act’’.

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SEC. ll12. BIWEEKLY WORK PROGRAMS. one and one-half times the regular rate at ‘‘(8) REGULAR RATE.—The term ‘regular (a) IN GENERAL.—The Fair Labor Standards which the employee is employed, in accord- rate’ has the meaning given the term in sec- Act of 1938 is amended by inserting after sec- ance with section 7(a)(1), or receive compen- tion 7(e).’’. tion 13 (29 U.S.C. 213) the following: satory time off in accordance with section (b) REMEDIES.— ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. 7(r) for each such overtime hour. (1) PROHIBITIONS.—Section 15(a)(3) of the ‘‘(a) VOLUNTARY PARTICIPATION.— ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- Fair Labor Standards Act of 1938 (29 U.S.C. ‘‘(1) IN GENERAL.—Except as provided in DRAWAL.— 215(a)(3)) is amended— paragraph (2), no employee may be required ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; to participate in a program described in this ployer that has established a biweekly work (B) by adding ‘‘or’’ after the semicolon; and section. Participation in a program de- program under paragraph (1) may dis- (C) by adding at the end the following: scribed in this section may not be a condi- continue the program for employees de- ‘‘(B) to violate any of the provisions of section of employment. scribed in paragraph (2)(A)(ii) after providing tion 13A;’’. ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— 30 days’ written notice to the employees who (2) REMEDIES AND SANCTIONS.—Section 16 of In a case in which a valid collective bar- are subject to an agreement described in the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended— gaining agreement exists between an em- paragraph (2)(A)(ii). (A) in subsection (c)— ployer and the labor organization that has ‘‘(B) WITHDRAWAL.—An employee may (i) in the first sentence— been certified or recognized as the represent- withdraw an agreement described in para- (I) by inserting after ‘‘7 of this Act’’ the ative of the employees of the employer under graph (2)(A)(ii) at the end of any 2-week pe- following: ‘‘, or of the appropriate legal or applicable law, an employee may only be re- riod described in paragraph (1)(A), by sub- monetary equitable relief owing to any em- quired to participate in such a program in mitting a written notice of withdrawal to ployee or employees under section 13A’’; and accordance with the agreement. the employer of the employee. ‘‘(b) BIWEEKLY WORK PROGRAMS.— (II) by striking ‘‘wages or unpaid overtime ‘‘(c) PROHIBITION OF COERCION.— ‘‘(1) IN GENERAL.—Notwithstanding section compensation and’’ and inserting ‘‘wages, 7, an employer may establish biweekly work ‘‘(1) IN GENERAL.—An employer shall not unpaid overtime compensation, or legal or programs that allow the use of a biweekly directly or indirectly intimidate, threaten, monetary equitable relief, as appropriate, work schedule— or coerce, or attempt to intimidate, threat- and’’; ‘‘(A) that consists of a basic work require- en, or coerce, any employee for the purpose (ii) in the second sentence, by striking ment of not more than 80 hours, over a 2- of interfering with the rights of the em- ‘‘wages or overtime compensation and’’ and week period; and ployee under this section to elect or not to inserting ‘‘wages, unpaid overtime compensation, or legal or monetary equitable re- ‘‘(B) in which more than 40 hours of the elect to work a biweekly work schedule. lief, as appropriate, and’’; and work requirement may occur in a week of ‘‘(2) DEFINITION.—In paragraph (1), the (iii) in the third sentence— the period, except that no more than 10 term ‘intimidate, threaten, or coerce’ in- (I) by inserting after ‘‘first sentence of hours may be shifted between the 2 weeks includes promising to confer or conferring any such subsection’’ the following: ‘‘, or the sec- volved. benefit (such as appointment, promotion, or compensation) or effecting or threatening to ond sentence of such subsection in the event ‘‘(2) CONDITIONS.—An employer may carry of a violation of section 13A,’’; and out a biweekly work program described in effect any reprisal (such as deprivation of ap- (II) by striking ‘‘wages or unpaid overtime paragraph (1) for employees only pursuant to pointment, promotion, or compensation). compensation under sections 6 and 7 or’’ and the following: ‘‘(d) DEFINITIONS.—In this section: inserting ‘‘wages, unpaid overtime com- ‘‘(A) AGREEMENT.—The program may be ‘‘(1) BASIC WORK REQUIREMENT.—The term pensation, or legal or monetary equitable re- carried out only in accordance with— ‘basic work requirement’ means the number lief, as appropriate, or’’; and ‘‘(i) applicable provisions of a collective of hours, excluding overtime hours, that an (B) in subsection (e)— bargaining agreement between the employer employee is required to work or is required (i) in the second sentence, by striking ‘‘sec- and the labor organization that has been cer- to account for by leave or otherwise. tion 6 or 7’’ and inserting ‘‘section 6, 7, or tified or recognized as the representative of ‘‘(2) COLLECTIVE BARGAINING.—The term 13A’’; and the employees under applicable law; or ‘collective bargaining’ means the perform- (ii) in the fourth sentence, in paragraph (3), ‘‘(ii) in the case of an employee who is not ance of the mutual obligation of the rep- by striking ‘‘15(a)(4) or’’ and inserting represented by a labor organization de- resentative of an employer and the labor or- ‘‘15(a)(4), a violation of section 15(a)(3)(B), scribed in clause (i), a written agreement ar- ganization that has been certified or recog- or’’. rived at between the employer and employee nized as the representative of the employees (c) NOTICE TO EMPLOYEES.—Not later than before the performance of the work involved of the employer under applicable law to meet 30 days after the date of enactment of this if the agreement was entered into knowingly at reasonable times and to consult and bar- Act, the Secretary of Labor shall revise the and voluntarily by such employee and was gain in a good-faith effort to reach agree- materials the Secretary provides, under reg- not a condition of employment. ment with respect to the conditions of em- ulations contained in section 516.4 of title 29, ‘‘(B) STATEMENT.—The program shall apply ployment affecting such employees and to Code of Federal Regulations, to employers to an employee described in subparagraph execute, if requested by either party, a writ- for purposes of a notice explaining the Fair (A)(ii) if such employee has affirmed, in a ten document incorporating any collective Labor Standards Act of 1938 (29 U.S.C. 201 et written statement that is made, kept, and bargaining agreement reached, but the obli- seq.) to employees so that the notice reflects preserved in accordance with section 11(c), gation referred to in this paragraph shall not the amendments made to the Act by this sec- that the employee has chosen to participate compel either party to agree to a proposal or tion. in the program. to make a concession. SEC. ll13. CONGRESSIONAL COVERAGE. ‘‘(C) MINIMUM SERVICE.—No employee may ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— Section 203 of the Congressional Account- participate, or agree to participate, in the The term ‘collective bargaining agreement’ ability Act of 1995 (2 U.S.C. 1313) is amend- program unless the employee has been em- means an agreement entered into as a result ed— ployed for at least 12 months by the em- of collective bargaining. (1) in subsection (a)— ployer, and for at least 1,250 hours of service ‘‘(4) ELECTION.—The term ‘at the election (A) in paragraph (1), by striking ‘‘and sec- with the employer during the previous 12- of’, used with respect to an employee, means tion 12(c)’’ and inserting ‘‘section 12(c), and month period. at the initiative of, and at the request of, the section 13A’’; and ‘‘(3) COMPENSATION FOR HOURS IN SCHED- employee. (B) by striking paragraph (3); ULE.—Notwithstanding section 7, in the case ‘‘(5) EMPLOYEE.—The term ‘employee’ (2) in subsection (b)— of an employee participating in such a bi- means an individual— (A) by striking ‘‘The remedy’’ and insert- weekly work program, the employee shall be ‘‘(A) who is an employee (as defined in sec- ing the following: compensated for each hour in such a bition 3); ‘‘(1) IN GENERAL.—Except as provided in weekly work schedule at a rate not less than ‘‘(B) who is not an employee of a public paragraphs (2) and (3), the remedy’’; and the regular rate at which the employee is agency; and (B) by adding at the end the following: employed. ‘‘(C) to whom section 7(a) applies. ‘‘(2) BIWEEKLY WORK PROGRAMS AND FLEXI- ‘‘(4) COMPUTATION OF OVERTIME.—All hours ‘‘(6) EMPLOYER.—The term ‘employer’ does BLE CREDIT HOURS PROGRAMS.—The remedy worked by the employee in excess of such a not include a public agency. for a violation of subsection (a) relating to biweekly work schedule or in excess of 80 ‘‘(7) OVERTIME HOURS.—The term ‘overtime the requirements of section 13A of the Fair hours in the 2-week period, that are re- hours’ when used with respect to biweekly Labor Standards Act of 1938 shall be such quested in advance by the employer, shall be work programs under subsection (b), means remedy as would be appropriate if awarded overtime hours. all hours worked in excess of the biweekly under sections 16 and 17 of such Act (29 ‘‘(5) OVERTIME COMPENSATION PROVISION.— work schedule involved or in excess of 80 U.S.C. 216, 217) for such a violation.’’; and The employee shall be compensated for each hours in the 2-week period involved, that are (3) in subsection (c), by striking paragraph such overtime hour at a rate not less than requested in advance by an employer. (4).

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23227 SEC. ll14. TERMINATION. that a violation presents a danger to the ‘‘(A) the posting of the guide in an easily The authority provided by this subtitle public health or safety, the head of the agen- identified location on the website of the and the amendments made by this subtitle cy may, notwithstanding paragraph (1)(E), agency; and terminates 5 years after the date of enact- determine that a civil fine should not be im- ‘‘(B) distribution of the guide to known in- ment of this Act. posed on the small business concern if the dustry contacts, such as small entities, asso- Subtitle C—Small Business Fair Labor violation is corrected within 24 hours of re- ciations, or industry leaders affected by the Standards Act Exemption ceipt of notice in writing by the small busi- rule. ness concern of the violation. ‘‘(3) PUBLICATION DATE.—An agency shall SEC. ll21. ENHANCED SMALL BUSINESS EXEMP- ‘‘(B) In determining whether to provide a publish each guide (including the posting and TION. small business concern with 24 hours to cor- distribution of the guide as described under (a) IN GENERAL.—Section 3(s)(1)(A)(ii) of rect a violation under subparagraph (A), the paragraph (2))— the Fair Labor Standards Act of 1938 (29 head of the agency shall take into account ‘‘(A) on the same date as the date of publi- U.S.C. 203(s)(1)(A)(ii)) is amended by striking all of the facts and circumstances regarding cation of the final rule (or as soon as possible ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. the violation, including— after that date); and (b) EFFECT OF AMENDMENT.—The amend- ‘‘(i) the nature and seriousness of the vio- ‘‘(B) not later than the date on which the ment made by subsection (a) shall not apply lation, including whether the violation is requirements of that rule become effective. in any State that does not have in effect, or technical or inadvertent or involves willful ‘‘(4) COMPLIANCE ACTIONS.— that does not subsequently enact after the or criminal conduct; ‘‘(A) IN GENERAL.—Each guide shall explain date of enactment of the Transportation, ‘‘(ii) whether the small business concern the actions a small entity is required to take Treasury, the Judiciary, Housing and Urban has made a good faith effort to comply with to comply with a rule. Development, and Related Agencies Appro- applicable laws, and to remedy the violation ‘‘(B) EXPLANATION.—The explanation under priations Act, 2006, legislation applying min- within the shortest practicable period of subparagraph (A)— imum wage and hours of work protections to time; and ‘‘(i) shall include a description of actions workers covered by the Fair Labor Stand- ‘‘(iii) whether the small business concern needed to meet requirements to enable a ards Act of 1938 as of the day before the date has obtained a significant economic benefit small entity to know when such require- of enactment of the Transportation, Treas- from the violation. ments are met; and ury, the Judiciary, Housing and Urban De- ‘‘(C) In any case in which the head of the ‘‘(ii) if determined appropriate by the velopment, and Related Agencies Appropria- agency imposes a civil fine on a small busi- agency, may include a description of possible tions Act, 2006. ness concern for a violation with respect to procedures, such as conducting tests, that SEC. ll22. SCOPE OF EMPLOYMENT. which this paragraph applies and does not assist a small entity in meeting such re- Section 6(a) of the Fair Labor Standards provide the small business concern with 24 quirements. Act of 1938 (29 U.S.C. 206(a)), in the matter hours to correct the violation, the head of ‘‘(C) PROCEDURES.—Procedures described preceding paragraph (1), and section 7(a)(1) of the agency shall notify Congress regarding under subparagraph (B)(ii)— such Act (29 U.S.C. 207(a)(1)), are amended by such determination not later than 60 days ‘‘(i) shall be suggestions to assist small en- striking ‘‘who in any workweek is engaged in after the date that the civil fine is imposed tities; and commerce or in the production of goods for by the agency. ‘‘(ii) shall not be additional requirements ‘‘(3) With respect to any agency, this sub- commerce, or is employed in an enterprise relating to the rule. section shall not apply to any violation by a engaged in commerce or in the production of ‘‘(5) AGENCY PREPARATION OF GUIDES.—The small business concern of a requirement re- goods for commerce,’’ and inserting ‘‘who in agency shall, in its sole discretion, taking garding collection of information by such any workweek is engaged in industrial home- into account the subject matter of the rule agency if such small business concern pre- work subject to section 11(d) and engaged in and the language of relevant statutes, ensure viously violated any requirement regarding commerce or in the production of goods for that the guide is written using sufficiently collection of information by such agency. commerce, or who in any workweek is em- plain language likely to be understood by af- ployed in an enterprise engaged in commerce ‘‘(4) In determining if a violation is a first- time violation for purposes of this sub- fected small entities. Agencies may prepare or in the production of goods for com- separate guides covering groups or classes of merce,’’. section, the head of an agency shall not take into account any violation of a requirement similarly affected small entities, and may Subtitle D—Small Business Paperwork regarding collection of information by an- cooperate with associations of small entities Reduction other agency. to develop and distribute such guides. An SEC. ll31. SMALL BUSINESS PAPERWORK RE- ‘‘(5) Notwithstanding any other provision agency may prepare guides and apply this DUCTION. of law, no State may impose a civil penalty section with respect to a rule or a group of (a) IN GENERAL.—Section 3506 of title 44, on a small business concern, in the case of a related rules.’’. United States Code (commonly referred to as first-time violation by the small-business (b) TECHNICAL AND CONFORMING AMEND- the ‘‘Paperwork Reduction Act’’), is amend- concern of a requirement regarding collec- MENT.—Section 211(3) of the Small Business ed by adding at the end the following: tion of information under Federal law, in a Regulatory Enforcement Fairness Act of 1996 ‘‘(j)(1) In the case of a first-time violation manner inconsistent with the provisions of (5 U.S.C. 601 note) is amended by inserting by a small business concern of a requirement this subsection. ‘‘and entitled’’ after ‘‘designated’’. regarding the collection of information by an ‘‘(6) For purposes of this subsection, the Subtitle F—Minimum Wage Tip Credit agency, the head of such agency shall pro- term ‘small business concern’ means a busi- SEC. ll51. TIPPED WAGE FAIRNESS. vide that no civil fine shall be imposed on ness concern that meets the requirements of Section 3(m) of the Fair Labor Standards the small business concern unless, based on section 3(a) of the Small Business Act (15 Act of 1938 (29 U.S.C. 203(m)) is amended— the particular facts and circumstances re- U.S.C. 632(a)) and the regulations promul- (1) in paragraph (2), by inserting before the garding the violation— gated pursuant to such section.’’. period the following: ‘‘: Provided, That the ‘‘(A) the head of the agency determines (b) EFFECTIVE DATE.—The amendment tips shall not be included as part of the wage that the violation has the potential to cause made by this section shall apply to any vio- paid to an employee to the extent they are serious harm to the public interest; lation occurring on or after January 1, 2006. excluded therefrom under the terms of a ‘‘(B) the head of the agency determines Subtitle E—Small Business Regulatory Relief bona fide collective bargaining agreement that failure to impose a civil fine would im- SEC. ll41. ENHANCED COMPLIANCE ASSIST- applicable to the particular employee’’; and pede or interfere with the detection of crimi- ANCE FOR SMALL BUSINESSES. (2) adding at the end the following: ‘‘Not- nal activity; (a) IN GENERAL.—Section 212 of the Small withstanding any other provision of this Act, ‘‘(C) the violation is a violation of an inter- Business Regulatory Enforcement Fairness any State or political subdivision of a State nal revenue law or a law concerning the as- Act of 1996 (5 U.S.C. 601 note) is amended by which, on and after the date of enactment of sessment or collection of any tax, debt, rev- striking subsection (a) and inserting the fol- the Transportation, Treasury, the Judiciary, enue, or receipt; lowing: Housing and Urban Development, and Re- ‘‘(D) the violation is not corrected on or ‘‘(a) COMPLIANCE GUIDE.— lated Agencies Appropriations Act, 2006, ex- before the date that is 6 months after the ‘‘(1) IN GENERAL.—For each rule for which cludes all of a tipped employee’s tips from date of receipt by the small business concern an agency head does not make a certification being considered as wages in determining if of notification of the violation in writing under section 605(b) of title 5, United States such tipped employee has been paid the ap- from the agency; or Code, the agency shall publish 1 or more plicable minimum wage rate, may not estab- ‘‘(E) except as provided in paragraph (2), guides to assist small entities in complying lish or enforce the minimum wage rate pro- the head of the agency determines that the with the rule, and shall entitle such publica- visions of such law, ordinance, regulation, or violation presents a danger to the public tions ‘small entity compliance guides’. order in such State or political subdivision health or safety. ‘‘(2) PUBLICATION OF GUIDES.—The publica- thereof with respect to tipped employees un- ‘‘(2)(A) In any case in which the head of an tion of each guide under this subsection shall less such law, ordinance, regulation, or order agency determines under paragraph (1)(E) include— is revised or amended to permit a tip credit

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23228 CONGRESSIONAL RECORD—SENATE October 19, 2005 in an amount not less than an amount equal general rule for inventories) is amended by ‘‘(B) contains information that on its face to— redesignating subsection (c) as subsection (d) indicates that the self-assessment is substan- ‘‘(A) the cash wage paid such employee and by inserting after subsection (b) the fol- tially incorrect; and which is required under such law, ordinance, lowing new subsection: ‘‘(2) the conduct referred to in paragraph regulation, or order on the date of enact- ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- (1)— ment of such Act; and QUIRED TO USE INVENTORIES.— ‘‘(A) is based on a position which the Sec- ‘‘(B) an additional amount on account of ‘‘(1) IN GENERAL.—An eligible taxpayer retary has identified as frivolous under sub- tips received by such employee which shall not be required to use inventories section (c), or amount is equal to the difference between under this section for a taxable year. ‘‘(B) reflects a desire to delay or impede such cash wage and the minimum wage rate ‘‘(2) TREATMENT OF TAXPAYERS NOT USING the administration of Federal tax laws. in effect under such law, ordinance, regula- INVENTORIES.—If an eligible taxpayer does ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- tion, or order or the minimum wage rate in not use inventories with respect to any prop- LOUS SUBMISSIONS.— effect under section 6, whichever is higher.’’. erty for any taxable year beginning after De- ‘‘(1) IMPOSITION OF PENALTY.—Except as Subtitle G—Small Business Tax Relief cember 31, 2004, such property shall be treat- provided in paragraph (3), any person who ed as a material or supply which is not inci- submits a specified frivolous submission SEC. ll60. AMENDMENT OF 1986 CODE. dental. shall pay a penalty of $5,000. Except as otherwise expressly provided, ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For whenever in this subtitle an amendment or this subsection, the term ‘eligible taxpayer’ purposes of this section— repeal is expressed in terms of an amend- has the meaning given such term by section ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— ment to, or repeal of, a section or other pro- 446(g)(2).’’. The term ‘specified frivolous submission’ vision, the reference shall be considered to (c) EFFECTIVE DATE AND SPECIAL RULES.— means a specified submission if any portion be made to a section or other provision of (1) IN GENERAL.—The amendments made by of such submission— the Internal Revenue Code of 1986. this section shall apply to taxable years be- ‘‘(i) is based on a position which the Sec- CHAPTER 1—PROVISIONS RELATING TO ginning after December 31, 2004. retary has identified as frivolous under sub- ECONOMIC STIMULUS FOR SMALL BUSI- (2) CHANGE IN METHOD OF ACCOUNTING.—In section (c), or NESSES the case of any taxpayer changing the tax- ‘‘(ii) reflects a desire to delay or impede SEC. ll61. EXTENSION OF INCREASED EXPENS- payer’s method of accounting for any taxable the administration of Federal tax laws. ING FOR SMALL BUSINESS. year under the amendments made by this ‘‘(B) SPECIFIED SUBMISSION.—The term (a) IN GENERAL.—Section 179 (relating to section— ‘specified submission’ means— election to expense certain depreciable busi- (A) such change shall be treated as initi- ‘‘(i) a request for a hearing under— ness assets) is amended by striking ‘‘2008’’ ated by the taxpayer; ‘‘(I) section 6320 (relating to notice and op- each place it appears and inserting ‘‘2009’’. (B) such change shall be treated as made portunity for hearing upon filing of notice of (b) EFFECTIVE DATE.—The amendments with the consent of the Secretary of the lien), or made by this section shall apply to taxable Treasury; and ‘‘(II) section 6330 (relating to notice and years beginning after December 31, 2007. (C) the net amount of the adjustments re- opportunity for hearing before levy), and SEC. ll62. CLARIFICATION OF CASH ACCOUNT- quired to be taken into account by the tax- ‘‘(ii) an application under— ING RULES FOR SMALL BUSINESS. payer under section 481 of the Internal Rev- ‘‘(I) section 6159 (relating to agreements (a) CASH ACCOUNTING PERMITTED.—Section enue Code of 1986 shall be taken into account for payment of tax liability in installments), 446 (relating to general rule for methods of over a period (not greater than 4 taxable ‘‘(II) section 7122 (relating to com- accounting) is amended by adding at the end years) beginning with such taxable year. promises), or the following new subsection: SEC. ll63. RECOVERY PERIOD FOR DEPRECIA- ‘‘(III) section 7811 (relating to taxpayer as- ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS TION OF RESTAURANT BUILDINGS. sistance orders). PERMITTED TO USE CASH ACCOUNTING METHOD (a) 15-YEAR RECOVERY PERIOD.—Subpara- ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- WITHOUT LIMITATION.— graph (E) of section 168(e)(3) (relating to 15- SION.—If the Secretary provides a person ‘‘(1) IN GENERAL.—An eligible taxpayer year property) is amended by striking ‘‘and’’ with notice that a submission is a specified shall not be required to use an accrual meth- at the end of clause (ii), by striking the pe- frivolous submission and such person with- od of accounting for any taxable year. riod at the end of clause (iii) and inserting ‘‘, draws such submission within 30 days after ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of and’’, and by adding at the end the following such notice, the penalty imposed under para- this subsection— new clause: graph (1) shall not apply with respect to such ‘‘(A) IN GENERAL.—A taxpayer is an eligible ‘‘(iv) any section 1250 property which is a submission. taxpayer with respect to any taxable year retail restaurant facility.’’. ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The if— (b) RETAIL RESTAURANT FACILITY.—Sub- Secretary shall prescribe (and periodically ‘‘(i) for all prior taxable years beginning section (e) of section 168 is amended by add- revise) a list of positions which the Sec- after December 31, 2004, the taxpayer (or any ing at the end the following new paragraph: retary has identified as being frivolous for predecessor) met the gross receipts test of ‘‘(6) RETAIL RESTAURANT FACILITY.—The purposes of this subsection. The Secretary subparagraph (B), and term ‘retail restaurant facility’ means any shall not include in such list any position ‘‘(ii) the taxpayer is not subject to section building if more than 50 percent of the build- that the Secretary determines meets the re- 447 or 448. ing’s square footage is devoted to prepara- quirement of section 6662(d)(2)(B)(ii)(II). ‘‘(B) GROSS RECEIPTS TEST.—A taxpayer tion of, and seating for on-premises con- ‘‘(d) REDUCTION OF PENALTY.—The Sec- meets the gross receipts test of this subpara- sumption of, prepared meals.’’. retary may reduce the amount of any pen- graph for any prior taxable year if the aver- (c) ALTERNATIVE SYSTEM.—The table con- alty imposed under this section if the Sec- age annual gross receipts of the taxpayer for tained in section 168(g)(3)(B) is amended by retary determines that such reduction would inserting after the item relating to subpara- the 3-taxable-year period ending with such promote compliance with and administra- graph (E)(iii) the following new item: prior taxable year does not exceed $10,000,000. tion of the Federal tax laws. The rules of paragraphs (2) and (3) of section ‘‘(E)(iv) ...... 39’’. ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- ALTIES.—The penalties imposed by this sec- 448(c) shall apply for purposes of the pre- (d) EFFECTIVE DATE.—The amendments tion shall be in addition to any other penalty ceding sentence. made by this section shall apply to retail provided by law.’’. ‘‘(C) INFLATION ADJUSTMENT.—In the case restaurant buildings placed in service, and to (b) TREATMENT OF FRIVOLOUS REQUESTS of any taxable year beginning in a calendar all improvements made, after September 30, FOR HEARINGS BEFORE LEVY.— year after 2006, the dollar amount contained 2004, and before October 1, 2009. (1) FRIVOLOUS REQUESTS DISREGARDED.— in subparagraph (B) shall be increased by an CHAPTER 2—REVENUE PROVISIONS Section 6330 (relating to notice and oppor- amount equal to— SEC. ll71. FRIVOLOUS TAX SUBMISSIONS. tunity for hearing before levy) is amended by ‘‘(i) such dollar amount, multiplied by (a) CIVIL PENALTIES.—Section 6702 is adding at the end the following new sub- ‘‘(ii) the cost-of-living adjustment deter- amended to read as follows: section: mined under section 1(f)(3) for the calendar ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, year in which the taxable year begins, by ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- ETC.—Notwithstanding any other provision substituting ‘calendar year 2005’ for ‘cal- TURNS.—A person shall pay a penalty of of this section, if the Secretary determines endar year 1992’ in subparagraph (B) thereof. $5,000 if— that any portion of a request for a hearing If any amount as adjusted under this sub- ‘‘(1) such person files what purports to be a under this section or section 6320 meets the paragraph is not a multiple of $100,000, such return of a tax imposed by this title but requirement of clause (i) or (ii) of section amount shall be rounded to the nearest mul- which— 6702(b)(2)(A), then the Secretary may treat tiple of $100,000.’’. ‘‘(A) does not contain information on such portion as if it were never submitted (b) CLARIFICATION OF INVENTORY RULES FOR which the substantial correctness of the self- and such portion shall not be subject to any SMALL BUSINESS.—Section 471 (relating to assessment may be judged, or further administrative or judicial review.’’.

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(2) PRECLUSION FROM RAISING FRIVOLOUS (C) by striking ‘‘5 years’’ and inserting ‘‘10 ‘‘(ii) in the case of an acquisition with re- ISSUES AT HEARING.—Section 6330(c)(4) is years’’. spect to a domestic partnership, by former amended— (2) WILLFUL FAILURE TO FILE RETURN, SUP- partners of the domestic partnership by rea- (A) by striking ‘‘(A)’’ and inserting PLY INFORMATION, OR PAY TAX.—Section 7203 son of holding a capital or profits interest in ‘‘(A)(i)’’; is amended— the domestic partnership, and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (A) in the first sentence— ‘‘(C) the expanded affiliated group which (C) by striking the period at the end of the (i) by striking ‘‘misdemeanor’’ and insert- after the acquisition includes the entity does first sentence and inserting ‘‘; or’’; and ing ‘‘felony’’, and not have substantial business activities in (D) by inserting after subparagraph (A)(ii) (ii) by striking ‘‘1 year’’ and inserting ‘‘10 the foreign country in which or under the (as so redesignated) the following: years’’, and law of which the entity is created or orga- ‘‘(B) the issue meets the requirement of (B) by striking the third sentence. nized when compared to the total business clause (i) or (ii) of section 6702(b)(2)(A).’’. (3) FRAUD AND FALSE STATEMENTS.—Section activities of such expanded affiliated group. (3) STATEMENT OF GROUNDS.—Section 7206(a) (as redesignated by subsection (a)) is Except as provided in regulations, an acqui- 6330(b)(1) is amended by striking ‘‘under sub- amended— sition of properties of a domestic corporation section (a)(3)(B)’’ and inserting ‘‘in writing (A) by striking ‘‘$100,000’’ and inserting shall not be treated as described in subpara- under subsection (a)(3)(B) and states the ‘‘$250,000’’, graph (A) if none of the corporation’s stock grounds for the requested hearing’’. (B) by striking ‘‘$500,000’’ and inserting was readily tradeable on an established secu- (c) TREATMENT OF FRIVOLOUS REQUESTS ‘‘$1,000,000’’, and rities market at any time during the 4-year FOR HEARINGS UPON FILING OF NOTICE OF (C) by striking ‘‘3 years’’ and inserting ‘‘5 period ending on the date of the acquisition. LIEN.—Section 6320 is amended— years’’. ‘‘(b) PRESERVATION OF DOMESTIC TAX BASE (1) in subsection (b)(1), by striking ‘‘under (c) EFFECTIVE DATE.—The amendments IN CERTAIN INVERSION TRANSACTIONS TO subsection (a)(3)(B)’’ and inserting ‘‘in writ- made by this section shall apply to under- WHICH SUBSECTION (a) DOES NOT APPLY.— ing under subsection (a)(3)(B) and states the payments and overpayments attributable to ‘‘(1) IN GENERAL.—If a foreign incorporated grounds for the requested hearing’’, and actions occurring after the date of the enact- entity would be treated as an inverted do- (2) in subsection (c), by striking ‘‘and (e)’’ ment of this Act. mestic corporation with respect to an ac- and inserting ‘‘(e), and (g)’’. SEC. ll73. MODIFICATION OF INTERACTION BE- quired entity if either— (d) TREATMENT OF FRIVOLOUS APPLICATIONS TWEEN SUBPART F AND PASSIVE ‘‘(A) subsection (a)(2)(A) were applied by FOR OFFERS-IN-COMPROMISE AND INSTALL- FOREIGN INVESTMENT COMPANY substituting ‘after December 31, 1996, and on MENT AGREEMENTS.—Section 7122 is amended RULES. or before March 20, 2002’ for ‘after March 20, by adding at the end the following new sub- (a) LIMITATION ON EXCEPTION FROM PFIC 2002’ and subsection (a)(2)(B) were applied by section: RULES FOR UNITED STATES SHAREHOLDERS OF substituting ‘more than 50 percent’ for ‘at ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- CONTROLLED FOREIGN CORPORATIONS.—Para- least 80 percent’, or withstanding any other provision of this sec- graph (2) of section 1297(e) (relating to pas- ‘‘(B) subsection (a)(2)(B) were applied by tion, if the Secretary determines that any sive foreign investment company) is amend- substituting ‘more than 50 percent’ for ‘at portion of an application for an offer-in-com- ed by adding at the end the following flush least 80 percent’, promise or installment agreement submitted sentence: under this section or section 6159 meets the then the rules of subsection (c) shall apply to requirement of clause (i) or (ii) of section ‘‘Such term shall not include any period if any inversion gain of the acquired entity 6702(b)(2)(A), then the Secretary may treat the earning of subpart F income by such cor- during the applicable period and the rules of such portion as if it were never submitted poration during such period would result in subsection (d) shall apply to any related and such portion shall not be subject to any only a remote likelihood of an inclusion in party transaction of the acquired entity dur- further administrative or judicial review.’’. gross income under section 951(a)(1)(A)(i).’’. ing the applicable period. This subsection (e) CLERICAL AMENDMENT.—The table of (b) EFFECTIVE DATE.—The amendment shall not apply for any taxable year if subsections for part I of subchapter B of chapter made by this section shall apply to taxable section (a) applies to such foreign incor- 68 is amended by striking the item relating years of controlled foreign corporations be- porated entity for such taxable year. to section 6702 and inserting the following ginning after March 2, 2005, and to taxable ‘‘(2) ACQUIRED ENTITY.—For purposes of new item: years of United States shareholders with or this section— within which such taxable years of con- ‘‘Sec. 6702. Frivolous tax submissions.’’. ‘‘(A) IN GENERAL.—The term ‘acquired enti- trolled foreign corporations end. ty’ means the domestic corporation or part- (f) EFFECTIVE DATE.—The amendments SEC. ll74. TAX TREATMENT OF INVERTED COR- nership substantially all of the properties of made by this section shall apply to submis- PORATE ENTITIES. which are directly or indirectly acquired in sions made and issues raised after the date (a) IN GENERAL.—Subchapter C of chapter an acquisition described in subsection on which the Secretary first prescribes a list 80 (relating to provisions affecting more than (a)(2)(A) to which this subsection applies. under section 6702(c) of the Internal Revenue one subtitle) is amended by striking section ‘‘(B) AGGREGATION RULES.—Any domestic Code of 1986, as amended by subsection (a). 7874 and inserting the following: person bearing a relationship described in SEC. ll72. INCREASE IN CRIMINAL MONETARY ‘‘SEC. 7874. RULES RELATING TO INVERTED COR- section 267(b) or 707(b) to an acquired entity PENALTY LIMITATION FOR THE UN- PORATE ENTITIES. DERPAYMENT OR OVERPAYMENT OF shall be treated as an acquired entity with TAX DUE TO FRAUD. ‘‘(a) INVERTED CORPORATIONS TREATED AS respect to the acquisition described in sub- OMESTIC ORPORATIONS (a) IN GENERAL.—Section 7206 (relating to D C .— paragraph (A). fraud and false statements) is amended— ‘‘(1) IN GENERAL.—If a foreign incorporated ‘‘(3) APPLICABLE PERIOD.—For purposes of (1) by striking ‘‘Any person who—’’ and in- entity is treated as an inverted domestic cor- this section— serting ‘‘(a) IN GENERAL.—Any person who— poration, then, notwithstanding section ‘‘(A) IN GENERAL.—The term ‘applicable pe- ’’, and 7701(a)(4), such entity shall be treated for riod’ means the period— (2) by adding at the end the following new purposes of this title as a domestic corpora- ‘‘(i) beginning on the first date properties subsection: tion. are acquired as part of the acquisition de- ‘‘(b) INCREASE IN MONETARY LIMITATION FOR ‘‘(2) INVERTED DOMESTIC CORPORATION.—For scribed in subsection (a)(2)(A) to which this UNDERPAYMENT OR OVERPAYMENT OF TAX DUE purposes of this section, a foreign incor- subsection applies, and TO FRAUD.—If any portion of any under- porated entity shall be treated as an in- ‘‘(ii) ending on the date which is 10 years payment (as defined in section 6664(a)) or verted domestic corporation if, pursuant to a after the last date properties are acquired as overpayment (as defined in section 6401(a)) of plan (or a series of related transactions)— part of such acquisition. tax required to be shown on a return is at- ‘‘(A) the entity completes after March 20, ‘‘(B) SPECIAL RULE FOR INVERSIONS OCCUR- tributable to fraudulent action described in 2002, the direct or indirect acquisition of sub- RING BEFORE MARCH 21, 2002.—In the case of subsection (a), the applicable dollar amount stantially all of the properties held directly any acquired entity to which paragraph under subsection (a) shall in no event be less or indirectly by a domestic corporation or (1)(A) applies, the applicable period shall be than an amount equal to such portion. A rule substantially all of the properties consti- the 10-year period beginning on January 1, similar to the rule under section 6663(b) shall tuting a trade or business of a domestic part- 2003. apply for purposes of determining the por- nership, ‘‘(c) TAX ON INVERSION GAINS MAY NOT BE tion so attributable.’’. ‘‘(B) after the acquisition at least 80 per- OFFSET.—If subsection (b) applies— (b) INCREASE IN PENALTIES.— cent of the stock (by vote or value) of the en- ‘‘(1) IN GENERAL.—The taxable income of an (1) ATTEMPT TO EVADE OR DEFEAT TAX.— tity is held— acquired entity (or any expanded affiliated Section 7201 is amended— ‘‘(i) in the case of an acquisition with re- group which includes such entity) for any (A) by striking ‘‘$100,000’’ and inserting spect to a domestic corporation, by former taxable year which includes any portion of ‘‘$250,000’’, shareholders of the domestic corporation by the applicable period shall in no event be (B) by striking ‘‘$500,000’’ and inserting reason of holding stock in the domestic cor- less than the inversion gain of the entity for ‘‘$1,000,000’’, and poration, or the taxable year.

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‘‘(2) CREDITS NOT ALLOWED AGAINST TAX ON ‘‘(ii) such year ends before the taxable year entity which is, or but for subsection (a)(1) INVERSION GAIN.—Credits shall be allowed in which the acquisition described in sub- would be, treated as a foreign corporation for against the tax imposed by this chapter on section (a)(2)(A) is completed. purposes of this title. an acquired entity for any taxable year de- ‘‘(d) SPECIAL RULES APPLICABLE TO AC- ‘‘(4) FOREIGN RELATED PERSON.—The term scribed in paragraph (1) only to the extent QUIRED ENTITIES TO WHICH SUBSECTION (b) ‘foreign related person’ means, with respect such tax exceeds the product of— APPLIES.— to any acquired entity, a foreign person ‘‘(A) the amount of the inversion gain for ‘‘(1) INCREASES IN ACCURACY-RELATED PEN- which— the taxable year, and ALTIES.—In the case of any underpayment of ‘‘(A) bears a relationship to such entity de- ‘‘(B) the highest rate of tax specified in tax of an acquired entity to which subsection scribed in section 267(b) or 707(b), or section 11(b)(1). (b) applies— ‘‘(B) is under the same common control For purposes of determining the credit al- ‘‘(A) section 6662(a) shall be applied with (within the meaning of section 482) as such lowed by section 901 inversion gain shall be respect to such underpayment by sub- entity. treated as from sources within the United stituting ‘30 percent’ for ‘20 percent’, and ‘‘(5) SUBSEQUENT ACQUISITIONS BY UNRE- States. ‘‘(B) if such underpayment is attributable LATED DOMESTIC CORPORATIONS.— to one or more gross valuation understate- ‘‘(A) IN GENERAL.—Subject to such condi- ‘‘(3) SPECIAL RULES FOR PARTNERSHIPS.—In the case of an acquired entity which is a ments, the increase in the rate of penalty tions, limitations, and exceptions as the Sec- under section 6662(h) shall be to 50 percent retary may prescribe, if, after an acquisition partnership— rather than 40 percent. described in subsection (a)(2)(A) to which ‘‘(A) the limitations of this subsection ‘‘(2) MODIFICATIONS OF LIMITATION ON INTER- subsection (b) applies, a domestic corpora- shall apply at the partner rather than the EST DEDUCTION.—In the case of an acquired tion stock of which is traded on an estab- partnership level, entity to which subsection (b) applies, sec- lished securities market acquires directly or ‘‘(B) the inversion gain of any partner for tion 163(j) shall be applied— indirectly any properties of one or more ac- any taxable year shall be equal to the sum ‘‘(A) without regard to paragraph (2)(A)(ii) quired entities in a transaction with respect of— thereof, and to which the requirements of subparagraph ‘‘(i) the partner’s distributive share of in- ‘‘(B) by substituting ‘25 percent’ for ‘50 per- (B) are met, this section shall cease to apply version gain of the partnership for such tax- cent’ each place it appears in paragraph to any such acquired entity with respect to able year, plus (2)(B) thereof. which such requirements are met. ‘‘(ii) income or gain required to be recog- ‘‘(e) OTHER DEFINITIONS AND SPECIAL ‘‘(B) REQUIREMENTS.—The requirements of nized for the taxable year by the partner RULES.—For purposes of this section— the subparagraph are met with respect to a under section 367(a), 741, or 1001, or under ‘‘(1) RULES FOR APPLICATION OF SUBSECTION transaction involving any acquisition de- any other provision of chapter 1, by reason of (a)(2).—In applying subsection (a)(2) for pur- scribed in subparagraph (A) if— the transfer during the applicable period of poses of subsections (a) and (b), the following ‘‘(i) before such transaction the domestic any partnership interest of the partner in rules shall apply: corporation did not have a relationship de- such partnership to the foreign incorporated ‘‘(A) CERTAIN STOCK DISREGARDED.—There scribed in section 267(b) or 707(b), and was entity, and shall not be taken into account in deter- not under common control (within the mean- ‘‘(C) the highest rate of tax specified in the mining ownership for purposes of subsection ing of section 482), with the acquired entity, rate schedule applicable to the partner under (a)(2)(B)— or any member of an expanded affiliated chapter 1 shall be substituted for the rate of ‘‘(i) stock held by members of the expanded group including such entity, and tax under paragraph (2)(B). affiliated group which includes the foreign ‘‘(ii) after such transaction, such acquired ‘‘(4) INVERSION GAIN.—For purposes of this incorporated entity, or entity— section, the term ‘inversion gain’ means any ‘‘(ii) stock of such entity which is sold in ‘‘(I) is a member of the same expanded af- income or gain required to be recognized a public offering or private placement re- filiated group which includes the domestic under section 304, 311(b), 367, 1001, or 1248, or lated to the acquisition described in sub- corporation or has such a relationship or is under any other provision of chapter 1, by section (a)(2)(A). under such common control with any mem- reason of the transfer during the applicable ‘‘(B) PLAN DEEMED IN CERTAIN CASES.—If a ber of such group, and period of stock or other properties by an ac- foreign incorporated entity acquires directly ‘‘(II) is not a member of, and does not have quired entity— or indirectly substantially all of the prop- such a relationship and is not under such ‘‘(A) as part of the acquisition described in erties of a domestic corporation or partner- common control with any member of, the ex- subsection (a)(2)(A) to which subsection (b) ship during the 4-year period beginning on panded affiliated group which before such ac- applies, or the date which is 2 years before the owner- quisition included such entity. ‘‘(B) after such acquisition to a foreign re- ship requirements of subsection (a)(2)(B) are ‘‘(f) REGULATIONS.—The Secretary shall lated person. met with respect to such domestic corpora- provide such regulations as are necessary to The Secretary may provide that income or tion or partnership, such actions shall be carry out this section, including regulations gain from the sale of inventories or other treated as pursuant to a plan. providing for such adjustments to the appli- transactions in the ordinary course of a ‘‘(C) CERTAIN TRANSFERS DISREGARDED.— cation of this section as are necessary to pre- trade or business shall not be treated as in- The transfer of properties or liabilities (invent the avoidance of the purposes of this version gain under subparagraph (B) to the cluding by contribution or distribution) shall section, including the avoidance of such pur- extent the Secretary determines such treat- be disregarded if such transfers are part of a poses through— ment would not be inconsistent with the pur- plan a principal purpose of which is to avoid ‘‘(1) the use of related persons, pass-thru or poses of this section. the purposes of this section. other noncorporate entities, or other inter- ‘‘(5) COORDINATION WITH SECTION 172 AND ‘‘(D) SPECIAL RULE FOR RELATED PARTNER- mediaries, or MINIMUM TAX.—Rules similar to the rules of SHIPS.—For purposes of applying subsection ‘‘(2) transactions designed to have persons paragraphs (3) and (4) of section 860E(a) shall (a)(2) to the acquisition of a domestic part- cease to be (or not become) members of ex- apply for purposes of this section. nership, except as provided in regulations, panded affiliated groups or related persons.’’. (b) INFORMATION REPORTING.—The Sec- ‘‘(6) STATUTE OF LIMITATIONS.— all partnerships which are under common retary of the Treasury shall exercise the Sec- ‘‘(A) IN GENERAL.—The statutory period for control (within the meaning of section 482) the assessment of any deficiency attrib- shall be treated as 1 partnership. retary’s authority under the Internal Rev- enue Code of 1986 to require entities involved utable to the inversion gain of any taxpayer ‘‘(E) TREATMENT OF CERTAIN RIGHTS.—The in transactions to which section 7874 of such for any pre-inversion year shall not expire Secretary shall prescribe such regulations as Code (as added by subsection (a)) applies to before the expiration of 3 years from the date may be necessary— report to the Secretary, shareholders, part- the Secretary is notified by the taxpayer (in ‘‘(i) to treat warrants, options, contracts ners, and such other persons as the Secretary such manner as the Secretary may prescribe) to acquire stock, convertible debt instru- may prescribe such information as is nec- of the acquisition described in subsection ments, and other similar interests as stock, essary to ensure the proper tax treatment of (a)(2)(A) to which such gain relates and such and such transactions. deficiency may be assessed before the expira- ‘‘(ii) to treat stock as not stock. (c) CONFORMING AMENDMENT.—The table of tion of such 3-year period notwithstanding ‘‘(2) EXPANDED AFFILIATED GROUP.—The sections for subchapter C of chapter 80 is the provisions of any other law or rule of law term ‘expanded affiliated group’ means an amended by striking the item relating to which would otherwise prevent such assess- affiliated group as defined in section 1504(a) section 7874 and inserting the following: ment. but without regard to section 1504(b)(3), ex- ‘‘(B) PRE-INVERSION YEAR.—For purposes of cept that section 1504(a) shall be applied by ‘‘Sec. 7874. Rules relating to inverted cor- subparagraph (A), the term ‘pre-inversion substituting ‘more than 50 percent’ for ‘at porate entities.’’. year’ means any taxable year if— least 80 percent’ each place it appears. (d) TRANSITION RULE FOR CERTAIN REGU- ‘‘(i) any portion of the applicable period is ‘‘(3) FOREIGN INCORPORATED ENTITY.—The LATED INVESTMENT COMPANIES AND UNIT IN- included in such taxable year, and term ‘foreign incorporated entity’ means any VESTMENT TRUSTS.—Notwithstanding section

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23231 7874 of the Internal Revenue Code of 1986 (as covered expatriate to whom this section ap- postponed until the due date of the return added by subsection (a)), a regulated invest- plies shall be treated as sold on the day be- for the taxable year in which such property ment company, or other pooled fund or trust fore the expatriation date for its fair market is disposed of (or, in the case of property dis- specified by the Secretary of the Treasury, value. posed of in a transaction in which gain is not may elect to recognize gain by reason of sec- ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the recognized in whole or in part, until such tion 367(a) of such Code with respect to a case of any sale under paragraph (1)— other date as the Secretary may prescribe). transaction under which a foreign incor- ‘‘(A) notwithstanding any other provision ‘‘(2) DETERMINATION OF TAX WITH RESPECT porated entity is treated as an inverted do- of this title, any gain arising from such sale TO PROPERTY.—For purposes of paragraph (1), mestic corporation under section 7874(a) of shall be taken into account for the taxable the additional tax attributable to any prop- such Code by reason of an acquisition com- year of the sale, and erty is an amount which bears the same pleted after March 20, 2002, and before Janu- ‘‘(B) any loss arising from such sale shall ratio to the additional tax imposed by this ary 1, 2004. be taken into account for the taxable year of chapter for the taxable year solely by reason (e) DISCLOSURE OF CORPORATE EXPATRIA- the sale to the extent otherwise provided by of subsection (a) as the gain taken into ac- TION TRANSACTIONS.— this title, except that section 1091 shall not count under subsection (a) with respect to (1) IN GENERAL.—Section 14 of the Securi- apply to any such loss. such property bears to the total gain taken ties Exchange Act of 1934 (15 U.S.C. 78n) is Proper adjustment shall be made in the into account under subsection (a) with re- amended by adding at the end the following amount of any gain or loss subsequently respect to all property to which subsection (a) new subsection: alized for gain or loss taken into account applies. ‘‘(i) PROXY SOLICITATIONS IN CONNECTION under the preceding sentence. ‘‘(3) TERMINATION OF POSTPONEMENT.—No WITH CORPORATE EXPATRIATION TRANS- XCLUSION FOR CERTAIN GAIN tax may be postponed under this subsection ACTIONS.— ‘‘(3) E .— N GENERAL later than the due date for the return of tax ‘‘(1) DISCLOSURE TO SHAREHOLDERS OF EF- ‘‘(A) I .—The amount which, but imposed by this chapter for the taxable year FECTS OF CORPORATE EXPATRIATION TRANS- for this paragraph, would be includible in the which includes the date of death of the expa- ACTION.—The Commission shall, by rule, re- gross income of any individual by reason of triate (or, if earlier, the time that the secu- quire that each domestic issuer shall promi- this section shall be reduced (but not below rity provided with respect to the property nently disclose, not later than 5 business zero) by $600,000. For purposes of this para- fails to meet the requirements of paragraph days before any shareholder vote relating to graph, allocable expatriation gain taken into (4), unless the taxpayer corrects such failure a corporate expatriation transaction, as a account under subsection (f)(2) shall be within the time specified by the Secretary). separate and distinct document accom- treated in the same manner as an amount re- ‘‘(4) SECURITY.— panying each proxy statement relating to quired to be includible in gross income. ‘‘(A) IN GENERAL.—No election may be the transaction— ‘‘(B) COST-OF-LIVING ADJUSTMENT.— made under paragraph (1) with respect to ‘‘(A) the number of employees of the do- ‘‘(i) IN GENERAL.—In the case of an expa- any property unless adequate security is pro- mestic issuer that would be located in the triation date occurring in any calendar year vided to the Secretary with respect to such new foreign jurisdiction of incorporation or after 2004, the $600,000 amount under sub- property. organization of that issuer upon completion paragraph (A) shall be increased by an ‘‘(B) ADEQUATE SECURITY.—For purposes of of the corporate expatriation transaction; amount equal to— subparagraph (A), security with respect to ‘‘(B) how the rights of holders of the secu- ‘‘(I) such dollar amount, multiplied by any property shall be treated as adequate se- rities of the domestic issuer would be im- ‘‘(II) the cost-of-living adjustment deter- curity if— pacted by a completed corporate expatria- mined under section 1(f)(3) for such calendar ‘‘(i) it is a bond in an amount equal to the tion transaction, and any differences in such year, determined by substituting ‘calendar deferred tax amount under paragraph (2) for rights before and after a completed cor- year 2003’ for ‘calendar year 1992’ in subpara- the property, or porate expatriation transaction; and graph (B) thereof. ‘‘(ii) the taxpayer otherwise establishes to ‘‘(C) that, as a result of a completed cor- ‘‘(ii) ROUNDING RULES.—If any amount after the satisfaction of the Secretary that the se- porate expatriation transaction, any taxable adjustment under clause (i) is not a multiple curity is adequate. holder of the securities of the domestic of $1,000, such amount shall be rounded to ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- issuer shall be subject to the taxation of any the next lower multiple of $1,000. tion may be made under paragraph (1) unless capital gains realized with respect to such ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS the taxpayer consents to the waiver of any securities, and the amount of any such cap- UNITED STATES CITIZEN.— right under any treaty of the United States ital gains tax that would apply as a result of ‘‘(A) IN GENERAL.—If a covered expatriate which would preclude assessment or collec- the transaction. elects the application of this paragraph— tion of any tax imposed by reason of this sec- ‘‘(2) DEFINITIONS.—In this subsection, the ‘‘(i) this section (other than this paragraph tion. following definitions shall apply: and subsection (i)) shall not apply to the ex- ‘‘(6) ELECTIONS.—An election under para- ‘‘(A) CORPORATE EXPATRIATION TRANS- patriate, but graph (1) shall only apply to property de- ACTION.—The term ‘corporate expatriation ‘‘(ii) in the case of property to which this scribed in the election and, once made, is ir- transaction’ means any transaction, or se- section would apply but for such election, revocable. An election may be made under ries of related transactions, described in sub- the expatriate shall be subject to tax under paragraph (1) with respect to an interest in a section (a) or (b) of section 7874 of the Inter- this title in the same manner as if the indi- trust with respect to which gain is required nal Revenue Code of 1986. vidual were a United States citizen. EQUIREMENTS to be recognized under subsection (f)(1). ‘‘(A) DOMESTIC ISSUER.—The term ‘domes- ‘‘(B) R .—Subparagraph (A) ‘‘(7) INTEREST.—For purposes of section tic issuer’ means an issuer created or orga- shall not apply to an individual unless the 6601— nized in the United States or under the law individual— ‘‘(A) the last date for the payment of tax of the United States or of any State.’’ ‘‘(i) provides security for payment of tax in shall be determined without regard to the (2) EFFECTIVE DATE.—Section 14(i) of the such form and manner, and in such amount, election under this subsection, and Securities Exchange Act of 1934 (as added by as the Secretary may require, ‘‘(B) section 6621(a)(2) shall be applied by this subsection) shall apply with respect to ‘‘(ii) consents to the waiver of any right of substituting ‘5 percentage points’ for ‘3 per- corporate expatriation transactions (as de- the individual under any treaty of the centage points’ in subparagraph (B) thereof. fined in that section 14(i)) proposed on and United States which would preclude assess- ‘‘(c) COVERED EXPATRIATE.—For purposes after the date of enactment of this Act. ment or collection of any tax which may be (f) EFFECTIVE DATE.—Except as provided in imposed by reason of this paragraph, and of this section— subsection (e)(2), the amendments made by ‘‘(iii) complies with such other require- ‘‘(1) IN GENERAL.—Except as provided in this section shall take effect as if included in ments as the Secretary may prescribe. paragraph (2), the term ‘covered expatriate’ the American Jobs Creation Act of 2004. ‘‘(C) ELECTION.—An election under sub- means an expatriate. XCEPTIONS SEC. ll75. IMPOSITION OF MARK-TO-MARKET paragraph (A) shall apply to all property to ‘‘(2) E .—An individual shall not TAX ON INDIVIDUALS WHO EXPA- which this section would apply but for the be treated as a covered expatriate if— TRIATE. election and, once made, shall be irrev- ‘‘(A) the individual— (a) IN GENERAL.—Subpart A of part II of ocable. Such election shall also apply to ‘‘(i) became at birth a citizen of the United subchapter N of chapter 1 is amended by in- property the basis of which is determined in States and a citizen of another country and, serting after section 877 the following new whole or in part by reference to the property as of the expatriation date, continues to be a section: with respect to which the election was made. citizen of, and is taxed as a resident of, such ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- ‘‘(b) ELECTION TO DEFER TAX.— other country, and TION. ‘‘(1) IN GENERAL.—If the taxpayer elects the ‘‘(ii) has not been a resident of the United ‘‘(a) GENERAL RULES.—For purposes of this application of this subsection with respect to States (as defined in section 7701(b)(1)(A)(ii)) subtitle— any property treated as sold by reason of during the 5 taxable years ending with the ‘‘(1) MARK TO MARKET.—Except as provided subsection (a), the payment of the additional taxable year during which the expatriation in subsections (d) and (f), all property of a tax attributable to such property shall be date occurs, or

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‘‘(B)(i) the individual’s relinquishment of ‘‘(2) EXPATRIATION DATE.—The term ‘expa- ‘‘(i) the highest rate of tax imposed by sec- United States citizenship occurs before such triation date’ means— tion 1(e) for the taxable year which includes individual attains age 181⁄2, and ‘‘(A) the date an individual relinquishes the day before the expatriation date, multi- ‘‘(ii) the individual has been a resident of United States citizenship, or plied by the amount of the distribution, or the United States (as so defined) for not ‘‘(B) in the case of a long-term resident of ‘‘(ii) the balance in the deferred tax ac- more than 5 taxable years before the date of the United States, the date of the event de- count immediately before the distribution relinquishment. scribed in clause (i) or (ii) of paragraph determined without regard to any increases ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR (1)(B). under subparagraph (C)(ii) after the 30th day PENSION PLANS.— ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A preceding the distribution. ‘‘(1) EXEMPT PROPERTY.—This section shall citizen shall be treated as relinquishing ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes not apply to the following: United States citizenship on the earliest of— of subparagraph (B)(ii)— ‘‘(A) UNITED STATES REAL PROPERTY INTER- ‘‘(A) the date the individual renounces ‘‘(i) OPENING BALANCE.—The opening bal- ESTS.—Any United States real property in- such individual’s United States nationality ance in a deferred tax account with respect terest (as defined in section 897(c)(1)), other before a diplomatic or consular officer of the to any trust interest is an amount equal to than stock of a United States real property United States pursuant to paragraph (5) of the tax which would have been imposed on holding corporation which does not, on the section 349(a) of the Immigration and Na- the allocable expatriation gain with respect day before the expatriation date, meet the tionality Act (8 U.S.C. 1481(a)(5)), to the trust interest if such gain had been in- requirements of section 897(c)(2). ‘‘(B) the date the individual furnishes to cluded in gross income under subsection (a). the United States Department of State a ‘‘(B) SPECIFIED PROPERTY.—Any property ‘‘(ii) INCREASE FOR INTEREST.—The balance signed statement of voluntary relinquish- or interest in property not described in sub- in the deferred tax account shall be in- ment of United States nationality con- paragraph (A) which the Secretary specifies creased by the amount of interest deter- firming the performance of an act of expa- in regulations. mined (on the balance in the account at the triation specified in paragraph (1), (2), (3), or ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- time the interest accrues), for periods after (4) of section 349(a) of the Immigration and MENT PLANS.— the 90th day after the expatriation date, by ‘‘(A) IN GENERAL.—If a covered expatriate Nationality Act (8 U.S.C. 1481(a)(1)–(4)), ‘‘(C) the date the United States Depart- using the rates and method applicable under holds on the day before the expatriation date section 6621 for underpayments of tax for any interest in a retirement plan to which ment of State issues to the individual a certificate of loss of nationality, or such periods, except that section 6621(a)(2) this paragraph applies— shall be applied by substituting ‘5 percentage ‘‘(i) such interest shall not be treated as ‘‘(D) the date a court of the United States cancels a naturalized citizen’s certificate of points’ for ‘3 percentage points’ in subpara- sold for purposes of subsection (a)(1), but graph (B) thereof. ‘‘(ii) an amount equal to the present value naturalization. ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY of the expatriate’s nonforfeitable accrued Subparagraph (A) or (B) shall not apply to PAID.—The balance in the tax deferred ac- any individual unless the renunciation or benefit shall be treated as having been re- count shall be reduced— voluntary relinquishment is subsequently ceived by such individual on such date as a ‘‘(I) by the amount of taxes imposed by approved by the issuance to the individual of distribution under the plan. subparagraph (A) on any distribution to the a certificate of loss of nationality by the ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- person holding the trust interest, and TIONS.—In the case of any distribution on or United States Department of State. ‘‘(II) in the case of a person holding a non- after the expatriation date to or on behalf of ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- vested interest, to the extent provided in the covered expatriate from a plan from term resident’ has the meaning given to such regulations, by the amount of taxes imposed which the expatriate was treated as receiv- term by section 877(e)(2). by subparagraph (A) on distributions from ing a distribution under subparagraph (A), ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- the trust with respect to nonvested interests the amount otherwise includible in gross in- FICIARIES’ INTERESTS IN TRUST.— not held by such person. come by reason of the subsequent distribu- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For tion shall be reduced by the excess of the paragraph (2), if an individual is determined purposes of this paragraph, the allocable ex- amount includible in gross income under under paragraph (3) to hold an interest in a patriation gain with respect to any bene- subparagraph (A) over any portion of such trust on the day before the expatriation ficiary’s interest in a trust is the amount of amount to which this subparagraph pre- date— viously applied. ‘‘(A) the individual shall not be treated as gain which would be allocable to such beneficiary’s vested and nonvested interests in ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- having sold such interest, the trust if the beneficiary held directly all TIONS BY PLAN.—For purposes of this title, a ‘‘(B) such interest shall be treated as a sep- retirement plan to which this paragraph ap- arate share in the trust, and assets allocable to such interests. plies, and any person acting on the plan’s be- ‘‘(C)(i) such separate share shall be treated ‘‘(E) TAX DEDUCTED AND WITHHELD.— half, shall treat any subsequent distribution as a separate trust consisting of the assets ‘‘(i) IN GENERAL.—The tax imposed by sub- described in subparagraph (B) in the same allocable to such share, paragraph (A)(ii) shall be deducted and with- manner as such distribution would be treat- ‘‘(ii) the separate trust shall be treated as held by the trustees from the distribution to ed without regard to this paragraph. having sold its assets on the day before the which it relates. ‘‘(D) APPLICABLE PLANS.—This paragraph expatriation date for their fair market value ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE shall apply to— and as having distributed all of its assets to TREATY RIGHTS.—If an amount may not be ‘‘(i) any qualified retirement plan (as de- the individual as of such time, and deducted and withheld under clause (i) by fined in section 4974(c)), ‘‘(iii) the individual shall be treated as reason of the distributee failing to waive any ‘‘(ii) an eligible deferred compensation having recontributed the assets to the sepa- treaty right with respect to such distribu- plan (as defined in section 457(b)) of an eligi- rate trust. tion— ble employer described in section Subsection (a)(2) shall apply to any income, ‘‘(I) the tax imposed by subparagraph 457(e)(1)(A), and gain, or loss of the individual arising from a (A)(ii) shall be imposed on the trust and each ‘‘(iii) to the extent provided in regulations, distribution described in subparagraph trustee shall be personally liable for the any foreign pension plan or similar retire- (C)(ii). In determining the amount of such amount of such tax, and ment arrangements or programs. distribution, proper adjustments shall be ‘‘(II) any other beneficiary of the trust ‘‘(e) DEFINITIONS.—For purposes of this sec- made for liabilities of the trust allocable to shall be entitled to recover from the dis- tion— an individual’s share in the trust. tributee the amount of such tax imposed on ‘‘(1) EXPATRIATE.—The term ‘expatriate’ ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- the other beneficiary. means— FIED TRUSTS.— ‘‘(F) DISPOSITION.—If a trust ceases to be a ‘‘(A) any United States citizen who relin- ‘‘(A) IN GENERAL.—If the trust interest de- qualified trust at any time, a covered expa- quishes citizenship, and scribed in paragraph (1) is an interest in a triate disposes of an interest in a qualified ‘‘(B) any long-term resident of the United qualified trust— trust, or a covered expatriate holding an in- States who— ‘‘(i) paragraph (1) and subsection (a) shall terest in a qualified trust dies, then, in lieu ‘‘(i) ceases to be a lawful permanent resi- not apply, and of the tax imposed by subparagraph (A)(ii), dent of the United States (within the mean- ‘‘(ii) in addition to any other tax imposed there is hereby imposed a tax equal to the ing of section 7701(b)(6)), or by this title, there is hereby imposed on each lesser of— ‘‘(ii) commences to be treated as a resident distribution with respect to such interest a ‘‘(i) the tax determined under paragraph (1) of a foreign country under the provisions of tax in the amount determined under sub- as if the day before the expatriation date a tax treaty between the United States and paragraph (B). were the date of such cessation, disposition, the foreign country and who does not waive ‘‘(B) AMOUNT OF TAX.—The amount of tax or death, whichever is applicable, or the benefits of such treaty applicable to resi- under subparagraph (A)(ii) shall be equal to ‘‘(ii) the balance in the tax deferred ac- dents of the foreign country. the lesser of— count immediately before such date.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23233 Such tax shall be imposed on the trust and would be imposed if the taxable year were a and shown on a timely filed return of tax im- each trustee shall be personally liable for the short taxable year ending on the expatria- posed by chapter 11 of the estate of the cov- amount of such tax and any other bene- tion date. ered expatriate, or ficiary of the trust shall be entitled to re- ‘‘(2) DUE DATE.—The due date for any tax ‘‘(B) no such return was timely filed but no cover from the covered expatriate or the es- imposed by paragraph (1) shall be the 90th such return would have been required to be tate the amount of such tax imposed on the day after the expatriation date. filed even if the covered expatriate were a other beneficiary. ‘‘(3) TREATMENT OF TAX.—Any tax paid citizen or long-term resident of the United ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For under paragraph (1) shall be treated as a pay- States.’’. purposes of this paragraph— ment of the tax imposed by this chapter for (c) DEFINITION OF TERMINATION OF UNITED ‘‘(i) QUALIFIED TRUST.—The term ‘qualified the taxable year to which subsection (a) ap- STATES CITIZENSHIP.—Section 7701(a) is trust’ means a trust which is described in plies. amended by adding at the end the following section 7701(a)(30)(E). ‘‘(4) DEFERRAL OF TAX.—The provisions of new paragraph: ‘‘(ii) VESTED INTEREST.—The term ‘vested subsection (b) shall apply to the tax imposed ‘‘(48) TERMINATION OF UNITED STATES CITI- interest’ means any interest which, as of the by this subsection to the extent attributable ZENSHIP.— day before the expatriation date, is vested in to gain includible in gross income by reason ‘‘(A) IN GENERAL.—An individual shall not the beneficiary. of this section. cease to be treated as a United States citizen ‘‘(iii) NONVESTED INTEREST.—The term ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX before the date on which the individual’s ‘nonvested interest’ means, with respect to AMOUNTS.— citizenship is treated as relinquished under any beneficiary, any interest in a trust ‘‘(1) IMPOSITION OF LIEN.— section 877A(e)(3). which is not a vested interest. Such interest ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(B) DUAL CITIZENS.—Under regulations shall be determined by assuming the max- makes an election under subsection (a)(4) or prescribed by the Secretary, subparagraph imum exercise of discretion in favor of the (b) which results in the deferral of any tax (A) shall not apply to an individual who be- beneficiary and the occurrence of all contin- imposed by reason of subsection (a), the de- came at birth a citizen of the United States gencies in favor of the beneficiary. ferred amount (including any interest, addi- and a citizen of another country.’’. ‘‘(iv) ADJUSTMENTS.—The Secretary may tional amount, addition to tax, assessable (d) INELIGIBILITY FOR VISA OR ADMISSION TO provide for such adjustments to the bases of penalty, and costs attributable to the de- UNITED STATES.— assets in a trust or a deferred tax account, ferred amount) shall be a lien in favor of the (1) IN GENERAL.—Section 212(a)(10)(E) of the and the timing of such adjustments, in order United States on all property of the expa- Immigration and Nationality Act (8 U.S.C. to ensure that gain is taxed only once. triate located in the United States (without 1182(a)(10)(E)) is amended to read as follows: ‘‘(v) COORDINATION WITH RETIREMENT PLAN regard to whether this section applies to the ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE RULES.—This subsection shall not apply to property). WITH EXPATRIATION REVENUE PROVISIONS.— an interest in a trust which is part of a re- ‘‘(B) DEFERRED AMOUNT.—For purposes of Any alien who is a former citizen of the tirement plan to which subsection (d)(2) ap- this subsection, the deferred amount is the United States who relinquishes United plies. amount of the increase in the covered expa- States citizenship (within the meaning of ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- triate’s income tax which, but for the elec- section 877A(e)(3) of the Internal Revenue TEREST IN TRUST.— tion under subsection (a)(4) or (b), would Code of 1986) and who is not in compliance ‘‘(A) DETERMINATIONS UNDER PARAGRAPH have occurred by reason of this section for with section 877A of such Code (relating to (1).—For purposes of paragraph (1), a bene- the taxable year including the expatriation expatriation).’’. ficiary’s interest in a trust shall be based date. (2) AVAILABILITY OF INFORMATION.— upon all relevant facts and circumstances, ‘‘(2) PERIOD OF LIEN.—The lien imposed by (A) IN GENERAL.—Section 6103(l) (relating including the terms of the trust instrument this subsection shall arise on the expatria- to disclosure of returns and return informa- and any letter of wishes or similar docu- tion date and continue until— tion for purposes other than tax administra- ment, historical patterns of trust distribu- ‘‘(A) the liability for tax by reason of this tion) is amended by adding at the end the tions, and the existence of and functions per- section is satisfied or has become unenforce- following new paragraph: formed by a trust protector or any similar able by reason of lapse of time, or ‘‘(19) DISCLOSURE TO DENY VISA OR ADMIS- adviser. ‘‘(B) it is established to the satisfaction of SION TO CERTAIN EXPATRIATES.—Upon written ‘‘(B) OTHER DETERMINATIONS.—For purposes the Secretary that no further tax liability request of the Attorney General or the At- of this section— may arise by reason of this section. torney General’s delegate, the Secretary ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- ‘‘(3) CERTAIN RULES APPLY.—The rules set shall disclose whether an individual is in ficiary of a trust is a corporation, partner- forth in paragraphs (1), (3), and (4) of section compliance with section 877A (and if not in ship, trust, or estate, the shareholders, part- 6324A(d) shall apply with respect to the lien compliance, any items of noncompliance) to ners, or beneficiaries shall be deemed to be imposed by this subsection as if it were a officers and employees of the Federal agency the trust beneficiaries for purposes of this lien imposed by section 6324A. responsible for administering section section. ‘‘(j) REGULATIONS.—The Secretary shall 212(a)(10)(E) of the Immigration and Nation- ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- prescribe such regulations as may be nec- ality Act solely for the purpose of, and to the payer shall clearly indicate on its income essary or appropriate to carry out the pur- extent necessary in, administering such sec- tax return— poses of this section.’’. tion 212(a)(10)(E).’’. ‘‘(I) the methodology used to determine (b) INCLUSION IN INCOME OF GIFTS AND BE- (B) SAFEGUARDS.— that taxpayer’s trust interest under this sec- QUESTS RECEIVED BY UNITED STATES CITIZENS (i) TECHNICAL AMENDMENTS.—Paragraph (4) tion, and AND RESIDENTS FROM EXPATRIATES.—Section of section 6103(p) of the Internal Revenue ‘‘(II) if the taxpayer knows (or has reason 102 (relating to gifts, etc. not included in Code of 1986, as amended by section to know) that any other beneficiary of such gross income) is amended by adding at the 202(b)(2)(B) of the Trade Act of 2002 (Public trust is using a different methodology to de- end the following new subsection: Law 107–210; 116 Stat. 961), is amended by termine such beneficiary’s trust interest ‘‘(d) GIFTS AND INHERITANCES FROM COV- striking ‘‘or (17)’’ after ‘‘any other person de- under this section. ERED EXPATRIATES.— scribed in subsection (l)(16)’’ each place it ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In ‘‘(1) IN GENERAL.—Subsection (a) shall not appears and inserting ‘‘or (18)’’. the case of any covered expatriate, notwith- exclude from gross income the value of any (ii) CONFORMING AMENDMENTS.—Section standing any other provision of this title— property acquired by gift, bequest, devise, or 6103(p)(4) (relating to safeguards), as amend- ‘‘(1) any period during which recognition of inheritance from a covered expatriate after ed by clause (i), is amended by striking ‘‘or income or gain is deferred shall terminate on the expatriation date. For purposes of this (18)’’ after ‘‘any other person described in the day before the expatriation date, and subsection, any term used in this subsection subsection (l)(16)’’ each place it appears and ‘‘(2) any extension of time for payment of which is also used in section 877A shall have inserting ‘‘(18), or (19)’’. tax shall cease to apply on the day before the the same meaning as when used in section (3) EFFECTIVE DATES.— expatriation date and the unpaid portion of 877A. (A) IN GENERAL.—Except as provided in such tax shall be due and payable at the time ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE subparagraph (B), the amendments made by and in the manner prescribed by the Sec- SUBJECT TO ESTATE OR GIFT TAX.—Paragraph this subsection shall apply to individuals retary. (1) shall not apply to any property if either— who relinquish United States citizenship on ‘‘(h) IMPOSITION OF TENTATIVE TAX.— ‘‘(A) the gift, bequest, devise, or inherit- or after the date of the enactment of this ‘‘(1) IN GENERAL.—If an individual is re- ance is— Act. quired to include any amount in gross in- ‘‘(i) shown on a timely filed return of tax (B) TECHNICAL AMENDMENTS.—The amend- come under subsection (a) for any taxable imposed by chapter 12 as a taxable gift by ments made by paragraph (2)(B)(i) shall take year, there is hereby imposed, immediately the covered expatriate, or effect as if included in the amendments made before the expatriation date, a tax in an ‘‘(ii) included in the gross estate of the by section 202(b)(2)(B) of the Trade Act of amount equal to the amount of tax which covered expatriate for purposes of chapter 11 2002 (Public Law 107–210; 116 Stat. 961).

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(e) CONFORMING AMENDMENTS.— the taxpayer by reason of the taxpayer’s determined without taking into account the (1) Section 877 is amended by adding at the underreporting of United States income tax yield resulting from the conversion of a debt end the following new subsection: liability through financial arrangements instrument into stock.’’. ‘‘(g) APPLICATION.—This section shall not which rely on the use of offshore arrange- (b) CROSS REFERENCE.—Section 163(e)(6) apply to an expatriate (as defined in section ments which were the subject of the initia- (relating to cross references) is amended by 877A(e)) whose expatriation date (as so de- tive described in subparagraph (A). adding at the end the following: fined) occurs on or after April 1, 2005.’’. (b) DEFINITIONS AND RULES.—For purposes ‘‘For the treatment of contingent payment (2) Section 2107 is amended by adding at of this section— convertible debt, see section 1275(d)(2).’’. the end the following new subsection: (1) APPLICABLE PENALTY.—The term ‘‘appli- (c) EFFECTIVE DATE.—The amendments ‘‘(f) APPLICATION.—This section shall not cable penalty’’ means any penalty, addition made by this section shall apply to debt in- apply to any expatriate subject to section to tax, or fine imposed under chapter 68 of struments issued on or after the date of the 877A.’’. the Internal Revenue Code of 1986. enactment of this Act. (3) Section 2501(a)(3) is amended by adding (2) VOLUNTARY OFFSHORE COMPLIANCE INI- at the end the following new subparagraph: TIATIVE.—The term ‘‘Voluntary Offshore SA 2116. Mr. LUGAR submitted an ‘‘(F) APPLICATION.—This paragraph shall Compliance Initiative’’ means the program amendment intended to be proposed by not apply to any expatriate subject to sec- established by the Department of the Treas- him to the bill H.R. 3058, making ap- tion 877A.’’. ury in January of 2003 under which any tax- propriations for the Departments of (4)(A) Paragraph (1) of section 6039G(d) is payer was eligible to voluntarily disclose amended by inserting ‘‘or 877A’’ after ‘‘sec- previously undisclosed income on assets Transportation, Treasury, and Housing tion 877’’. placed in offshore accounts and accessed and Urban Development, the Judiciary, (B) The second sentence of section 6039G(e) through credit card and other financial ar- District of Columbia, and independent is amended by inserting ‘‘or who relinquishes rangements. agencies for the fiscal year ending Sep- United States citizenship (within the mean- (3) PARTICIPATION.—A taxpayer shall be tember 30, 2006, and for other purposes; ing of section 877A(e)(3))’’ after ‘‘877(a))’’. treated as having participated in the Vol- which was ordered to lie on the table; (C) Section 6039G(f) is amended by insert- untary Offshore Compliance Initiative if the as follows: ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. taxpayer submitted the request in a timely On page 311, line 19, strike the period and (f) CLERICAL AMENDMENT.—The table of manner and all information requested by the insert ‘‘: Provided further, That of the funds sections for subpart A of part II of sub- Secretary of the Treasury or his delegate provided under this paragraph $250,000 shall chapter N of chapter 1 is amended by insert- within a reasonable period of time following ing after the item relating to section 877 the be available for the Learning Collaborative, the request. following new item: to implement the Web Portal Technology (c) EFFECTIVE DATE.—The provisions of ‘‘Sec. 877A. Tax responsibilities of expatria- this section shall apply to interest, pen- Development Initiative in Daviess County tion.’’. alties, additions to tax, and fines with re- schools (not for Daviess County generally).’’. spect to any taxable year if as of the date of (g) EFFECTIVE DATE.— the enactment of this Act, the assessment of SA 2117. Mrs. CLINTON submitted an (1) IN GENERAL.—Except as provided in this amendment intended to be proposed by subsection, the amendments made by this any tax, penalty, or interest with respect to section shall apply to expatriates (within the such taxable year is not prevented by the op- her to the bill H.R. 3058, making appro- meaning of section 877A(e) of the Internal eration of any law or rule of law. priations for the Departments of Revenue Code of 1986, as added by this sec- SEC. ll77. TREASURY REGULATIONS ON FOR- Transportation, Treasury, and Housing tion) whose expatriation date (as so defined) EIGN TAX CREDIT. and Urban Development, the Judiciary, Section 901 is amended by redesignating occurs on or after April 1, 2005. subsection (m) as subsection (n) and by in- District of Columbia, and independent (2) GIFTS AND BEQUESTS.—Section 102(d) of serting after subsection (l) the following new agencies for the fiscal year ending Sep- the Internal Revenue Code of 1986 (as added subsection: tember 30, 2006, and for other purposes; by subsection (b)) shall apply to gifts and be- ‘‘(m) REGULATIONS.—The Secretary may which was ordered to lie on the table; quests received on or after April 1, 2005, from prescribe regulations disallowing a credit as follows: an individual or the estate of an individual under subsection (a) for all or a portion of On page 244, line 17, insert ‘‘, of which whose expatriation date (as so defined) oc- any foreign tax, or allocating a foreign tax $5,000,000 shall be made available to carry curs after such date. among 2 or more persons, in cases where the (3) DUE DATE FOR TENTATIVE TAX.—The due foreign tax is imposed on any person in re- out the grant program authorized under sec- date under section 877A(h)(2) of the Internal spect of income of another person or in other tion 158(b) of the National Telecommuni- Revenue Code of 1986, as added by this sec- cases involving the inappropriate separation cations and Information Administration Or- tion, shall in no event occur before the 90th of the foreign tax from the related foreign ganization Act (47 U.S.C. 942(b)) and not day after the date of the enactment of this income.’’. more than 10 percent of this amount may be Act. SEC. ll78. TREATMENT OF CONTINGENT PAY- used for administrative purposes:’’ after SEC. ll76. DOUBLING OF CERTAIN PENALTIES, MENT CONVERTIBLE DEBT INSTRU- ‘‘Highway Trust Fund:’’. FINES, AND INTEREST ON UNDER- MENTS. PAYMENTS RELATED TO CERTAIN (a) IN GENERAL.—Section 1275(d) (relating SA 2118. Mr. DORGAN submitted an OFFSHORE FINANCIAL ARRANGE- to regulation authority) is amended— amendment intended to be proposed by MENT. (1) by striking ‘‘The Secretary’’ and insert- (a) DETERMINATION OF PENALTY.— him to the bill H.R. 3058, making ap- ing the following: (1) IN GENERAL.—Notwithstanding any propriations for the Departments of other provision of law, in the case of an ap- ‘‘(1) IN GENERAL.—The Secretary’’, and Transportation, Treasury, and Housing plicable taxpayer— (2) by adding at the end the following new and Urban Development, the Judiciary, paragraph: (A) the determination as to whether any District of Columbia, and independent interest or applicable penalty is to be im- ‘‘(2) TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT.— agencies for the fiscal year ending Sep- posed with respect to any arrangement to tember 30, 2006, and for other purposes; which any initiative described in paragraph ‘‘(A) IN GENERAL.—In the case of a debt in- (2) applied, or to any underpayment of Fed- strument which— which was ordered to lie on the table; eral income tax attributable to items arising ‘‘(i) is convertible into stock of the issuing as follows: in connection with any arrangement de- corporation, into stock or debt of a related On page 276, after line 24, add the fol- scribed in paragraph (2), shall be made with- party (within the meaning of section 267(b) lowing: out regard to section 6664 of the Internal or 707(b)(1)), or into cash or other property in SEC. 18ll. Notwithstanding any other Revenue Code of 1986, and an amount equal to the approximate value of provision of law, a vehicle that, with respect (B) if any such interest or applicable pen- such stock or debt, and to weight or weight distribution characteris- alty is imposed, the amount of such interest ‘‘(ii) provides for contingent payments, tics, could lawfully operate in the State of or penalty shall be equal to twice that deter- any regulations which require original issue North Dakota as of January 1, 2004, on mined without regard to this section. discount to be determined by reference to United States Highway 52 (including the (2) APPLICABLE TAXPAYER.—For purposes of the comparable yield of a noncontingent United States Highway 52 bypass of James- this subsection, the term ‘‘applicable tax- fixed rate debt instrument shall be applied as town, North Dakota) or on United States payer’’ means a taxpayer eligible to partici- requiring that such comparable yield be de- Highway 281 may operate on Interstate pate in— termined by reference to a noncontingent Route 94 in North Dakota between the inter- (A) the Department of the Treasury’s Off- fixed rate debt instrument which is convert- section of Interstate Route 94 and United shore Voluntary Compliance Initiative, or ible into stock. States Route 281 and the intersection of (B) the Department of the Treasury’s vol- ‘‘(B) SPECIAL RULE.—For purposes of sub- Interstate Route 94 and the United States untary disclosure initiative which applies to paragraph (A), the comparable yield shall be Highway 52 bypass (including interchanges),

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23235 under the same conditions as the vehicle partment of Housing and Urban Development above the price of that product immediately may operate in that State on those United on September 19, 2005, 79 Fed. Reg. 54984, the prior to the declaration unless the increase States highways (including that bypass). 5 year schedule set out in the table appear- in the amount charged is attributable to ad- ing in §990.230(e) of the final rule shall com- ditional costs incurred by the seller or na- SA 2119. Mr. ENSIGN (for himself mence 1 year from the Secretary’s publica- tional or international market trends. and Mr. REID) submitted an amend- tion of guidance in a Federal Register notice (b) ENFORCEMENT.— ment intended to be proposed by him defining specifically the manner in which (1) ENFORCEMENT POWERS.— public housing authorities shall comply with (A) IN GENERAL.—The Commission shall en- to the bill H.R. 3058, making appropria- force this section as part of its duties under tions for the Departments of Transpor- the provisions of §990.275 (Project-Based Management) and §990.280 (Project-Based Ac- the Federal Trade Commission Act (15 U.S.C. tation, Treasury, and Housing and counting and Budgeting). 41 et seq.). Urban Development, the Judiciary, (b) COMPLIANCE.—Each public housing au- (B) REPORTING OF VIOLATIONS.—For pur- District of Columbia, and independent thority shall be deemed in compliance with poses of the enforcement of this section, the agencies for the fiscal year ending Sep- Subpart H of the final rule described in sub- Commission shall establish procedures to tember 30, 2006, and for other purposes; section (a), pending completion of the Sec- permit the reporting of violations of this sec- which was ordered to lie on the table; retary’s review of the asset management tion to the Commission, including appropriate links on the Internet website of the as follows: demonstration submitted by the housing authority based on the guidance issued by the Commission and the use of a toll-free tele- On page 230, after line 22, insert the fol- Secretary or the review conducted by the phone number for such purposes. lowing: Secretary’s independent assessor. (2) PENALTY.— SEC. 109. Section 40128(e) of title 49, United (A) CRIMINAL PENALTY.—A violation of this States Code, is amended by adding at the end SA 2122. Mr. SCHUMER submitted an section shall be deemed a felony and a per- the following: ‘‘For purposes of this sub- amendment intended to be proposed by son, upon conviction of a violation of this section, an air tour operator flying over the section, shall be punished by fine not exceed- Hoover Dam in the Lake Mead National him to the bill H.R. 3058, making appropriations for the Departments of ing $10,000,000 if a corporation, or, if any Recreation Area en route to the Grand Can- other person, $350,000, or by imprisonment yon National Park shall be deemed to be fly- Transportation, Treasury, and Housing not exceeding 3 years, or both. ing solely as a transportation route.’’. and Urban Development, the Judiciary, (B) CIVIL PENALTY.—The Commission may District of Columbia, and independent impose a civil penalty not to exceed $5,000 SA 2120. Mr. VOINOVICH (for himself agencies for the fiscal year ending Sep- for each violation of this section. For pur- and Mr. DEWINE) submitted an amend- tember 30, 2006, and for other purposes; poses of this subparagraph, each day of viola- ment intended to be proposed by him which was ordered to lie on the table; tion shall constitute a separate offense. Civil to the bill H.R. 3058, making appropria- as follows: penalties under this subparagraph shall not exceed amounts provided in subparagraph tions for the Departments of Transpor- On page 338, line 15, strike ‘‘and is occupied tation, Treasury, and Housing and (A). primarily by elderly or disabled families’’. (c) ACTION BY STATE ATTORNEY GENERAL.— Urban Development, the Judiciary, On page 338, line 19, insert ‘‘, and the con- The attorney general of a State may bring a District of Columbia, and independent tract for such payments shall be renewable civil action for a violation of this section agencies for the fiscal year ending Sep- by the owner under the provisions of section pursuant to section 4C of the Clayton Act (15 tember 30, 2006, and for other purposes; 524 of the Multifamily Assisted Housing Re- U.S.C. 15c). which was ordered to lie on the table; form and Affordability Act of 1997 (42 U.S.C. as follows: 1437f note)’’ after ‘‘in the property’’. SA 2124. Mr. SCHUMER (for himself, Ms. SNOWE, Mrs. CLINTON, Mr. JEF- On page 436, between lines 10 and 11, insert SA 2123. Mr. DAYTON submitted an FORDS, and Mr. LEAHY) submitted an the following: amendment intended to be proposed by SEC. 8lll.(a) The table contained in sec- amendment intended to be proposed by tion 1702 of the Safe, Accountable, Flexible, him to the bill H.R. 3058, making ap- him to the bill H.R. 3058, making ap- Efficient Transportation Equity Act: A Leg- propriations for the Departments of propriations for the Departments of acy for Users (Public Law 109–59; 119 Stat. Transportation, Treasury, and Housing Transportation, Treasury, and Housing 1144) is amended in item number 4632 by and Urban Development, the Judiciary, and Urban Development, the Judiciary, striking ‘‘Construct 1,100 foot bulkhead/ District of Columbia, and independent District of Columbia, and independent riverwalk connecting Front and Maine Ave. agencies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- public rights-of-way’’ and inserting ‘‘For tember 30, 2006, and for other purposes; tember 30, 2006, and for other purposes; roadway improvements and construction of 1,100 foot bulkhead/riverwalk connecting as follows: which was ordered to lie on the table; Front and Maine Ave. public rights-of-way’’. At the end of the bill, add the following: as follows: (b) The table contained in section 3044 of TITLE ll—NATURAL DISASTER OIL AND On page 220, line 26, strike ‘‘$60,000,000’’ and the Safe, Accountable, Flexible, Efficient GAS PRICE GOUGING PREVENTION ACT all that follows through the period on page Transportation Equity Act: A Legacy for OF 2005 221, line 2, and insert the following: Users (Public Law 109–59; 119 Stat. 1144) is SEC. l01. SHORT TITLE. ‘‘$77,000,000, to be derived from the Airport amended in item number 516 by striking This title may be cited as the ‘‘Natural and Airway Trust Fund, to remain available ‘‘Dayton Wright Stop Plaza’’ and inserting Disaster Oil and Gas Price Gouging Preven- until expended: Provided, That not to exceed ‘‘Downtown Dayton Transit Enhancements’’. tion Act of 2005’’. $17,000,000 for fiscal year 2006 shall be used for adjustments to account for significantly SEC. l02. DEFINITIONS. SA 2121. Mr. SCHUMER (for himself increased costs as provided for in section In this title: and Mrs. CLINTON) submitted an 41737(e)(1) of title 49, United States Code: (1) COMMISSION.—The term ‘‘Commission’’ Provided further, That amounts provided in amendment intended to be proposed by means the Federal Trade Commission. him to the bill H.R. 3058, making ap- this Act for salaries and expenses for the De- (2) QUALIFYING NATURAL DISASTER DECLARA- partment of Transportation, the Department propriations for the Departments of TION.—The term ‘‘qualifying natural disaster of the Treasury, the Department of Housing Transportation, Treasury, and Housing declaration’’ means— and Urban Development, the Judiciary, and and Urban Development, the Judiciary, (A) a natural disaster declared by the Sec- the Executive Office of the President are re- District of Columbia, and independent retary under section 321(a) of the Consoli- duced by an aggregate of $17,000,000 on a pro agencies for the fiscal year ending Sep- dated Farm and Rural Development Act (7 rata basis.’’. U.S.C. 1961(a)); or tember 30, 2006, and for other purposes; (B) a major disaster or emergency des- Mr. SCHUMER submitted an which was ordered to lie on the table; SA 2125. ignated by the President under the Robert T. amendment intended to be proposed by as follows: Stafford Disaster Relief and Emergency As- him to the bill H.R. 3058, making ap- sistance Act (42 U.S.C. 5121 et seq.). On page 348, between lines 5 and 6, insert propriations for the Departments of the following: l SEC. 03. RESTRICTION ON PRICE GOUGING. Transportation, Treasury, and Housing SEC. 321. OPERATING FUND PROGRAM FINAL (a) RESTRICTIONS.—It shall be unlawful in RULE. the United States during the period of a and Urban Development, the Judiciary, (a) IN GENERAL.—Notwithstanding any qualifying natural disaster declaration in District of Columbia, and independent other provision of law, or of the Operating the United States to increase the price of agencies for the fiscal year ending Sep- Fund program final rule published by the De- any oil or gas product more than 15 percent tember 30, 2006, and for other purposes;

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23236 CONGRESSIONAL RECORD—SENATE October 19, 2005 which was ordered to lie on the table; On page 276, after line 24, add the fol- him to the bill H.R. 3058, making ap- as follows: lowing: propriations for the Departments of SEC. ll. The item numbered 1832 in the On page 220, line 26, strike ‘‘$60,000,000’’ and Transportation, Treasury, and Housing table contained in section 1702 of the Safe, all that follows through the period on page and Urban Development, the Judiciary, Accountable, Flexible, Efficient Transpor- 221, line 2, and insert the following: tation Equity Act: A Legacy for Users (Pub- District of Columbia, and independent ‘‘$170,000,000, to be derived from the Airport lic Law 109–59; 119 Stat. 1144) is amended by agencies for the fiscal year ending Sep- and Airway Trust Fund, to remain available inserting ‘‘, in fiscal year 2006’’ after ‘‘Vir- tember 30, 2006, and for other purposes; until expended: Provided, That not to exceed ginia’’. which was ordered to lie on the table; $17,000,000 for fiscal year 2006 shall be used as follows: for adjustments to account for significantly SA 2130. Mr. WARNER submitted an increased costs as provided for in section On page 290, between lines 14 and 15, insert 41737(e)(1) of title 49, United States Code.’’. amendment intended to be proposed by the following: him to the bill H.R. 3058, making ap- SEC. 209A.(a) The Senate makes the fol- SA 2126. Mr. SCHUMER submitted an propriations for the Departments of lowing findings: amendment intended to be proposed by Transportation, Treasury, and Housing (1) For a voluntary, self-reporting tax sys- him to the bill H.R. 3058, making ap- and Urban Development, the Judiciary, tem to work, taxpayers must believe that all District of Columbia, and independent taxpayers pay their fair share of taxes. propriations for the Departments of (2) Many States base State income tax li- Transportation, Treasury, and Housing agencies for the fiscal year ending Sep- ability on amounts reported with respect to and Urban Development, the Judiciary, tember 30, 2006, and for other purposes; Federal income taxes, with the result that District of Columbia, and independent which was ordered to lie on the table; amounts not collected with respect to Fed- agencies for the fiscal year ending Sep- as follows: eral income taxes are also not collected with tember 30, 2006, and for other purposes; On page 276, after line 24, add the fol- respect to State income taxes at a time when which was ordered to lie on the table; lowing: many States are hard-pressed to meet their as follows: SEC. ll. The item numbered 2551 in the many financial demands. table contained in section 1702 of the Safe, (3) A study conducted by the National Re- On page 226, line 17, strike ‘‘$3,390,000,000’’ Accountable, Flexible, Efficient Transpor- search Program of the Internal Revenue and insert ‘‘$3,468,904,000’’. tation Equity Act: A Legacy for Users (Pub- Service determined that taxpayer non-com- On page 227, line 3, strike ‘‘$71,096,000’’ and lic Law 109–59; 119 Stat. 1144) is amended by pliance costs the Federal Government over insert ‘‘$150,000,000’’. inserting ‘‘in fiscal year 2006’’ after ‘‘2007’’. $300,000,000,000 each year in uncollected taxes. SA 2127. Mr. FRIST (for himself, Mrs. SA 2131. Mr. CORNYN submitted an (4) The National Research Program study DOLE, Ms. STABENOW, and Mrs. CLIN- amendment intended to be proposed by estimates that the tax shortfall attributable TON) submitted an amendment in- him to the bill H.R. 3058, making ap- to individual income taxes is as high as tended to be proposed by him to the propriations for the Departments of $100,000,000,000 with respect to business in- bill H.R. 3058, making appropriations come and more than $50,000,000,000 with re- Transportation, Treasury, and Housing for the Departments of Transportation, spect to non-business income. and Urban Development, the Judiciary, Treasury, and Housing and Urban De- (5) An analysis published in 2005 by tax law District of Columbia, and independent velopment, the Judiciary, District of Professors Joseph Dodge and Jay Soled esti- agencies for the fiscal year ending Sep- mated that the loss of Federal income tax Columbia, and independent agencies tember 30, 2006, and for other purposes; revenue associated with the under reporting for the fiscal year ending September 30, which was ordered to lie on the table; of capital gains is $250,000,000,000 over the 2006, and for other purposes; which was as follows: coming decade. ordered to lie on the table; as follows: (6) Non-compliance places an unfair burden On page 436, between lines 10 and 11, insert On page 310 line 11, strike the word ‘‘and’’ on all taxpayers. the following: after the word ‘‘LISC’’ and insert ‘‘,’’ and on (7) Prior to launching the National Re- page 310 on line 12 after the words ‘‘Enter- SEC. 844. EMINENT DOMAIN. search Program, the Internal Revenue Serv- prise Foundation’’ insert ‘‘, and the Habitat None of the funds made available in this ice did not have in place an automated sys- for Humanity’’; and on page 319 line 17 after Act may be used by any state, county, mu- tem to verify and audit capital gains infor- the word ‘‘Foundation’’ insert the following nicipality, city, town or other political sub- mation reported on Schedule D of Federal in- ‘‘Habitat for Humanity,’’. division that engages or participates in the come tax returns, and now only examines taking of private property by eminent do- Schedule D information when it is part of a SA 2128. Mr. FRIST (for himself, Mrs. main without the consent of the owner and larger tax audit. conveys or leases such property to another DOLE, Ms. STABENOW, and Mrs. CLIN- (8) The reliance on random audits has cre- private person or entity for commercial, fi- ated an impression in the investment com- TON) submitted an amendment in- nancial or retail enterprise, or to increase tended to be proposed by him to the munity that enforcement of capital gains is tax revenue, tax base, employment, or gen- limited or, worse, non-existent, and has also bill H.R. 3058, making appropriations eral economic health, unless the taking in- created an environment of inaccuracy and for the Departments of Transportation, volves (a) conveying private property for the non-compliance with respect to Schedule D. Treasury, and Housing and Urban De- occupation and enjoyment of the land by the (9) Internal Revenue Service efforts to re- velopment, the Judiciary, District of general public, or by public agencies, such as duce the tax gap focus on increasing field ex- Columbia, and independent agencies for a roadway, waterway, airport, school, aminations and audits, particularly of high- for the fiscal year ending September 30, hospital, military base, prison, public park, income taxpayers. or a government building; or (b) conveying (10) One of the key components of National 2006, and for other purposes; which was private property to an entity, such as a state ordered to lie on the table; as follows: Research Program was the introduction, on or federally regulated public utility or com- a pilot basis, of a ‘‘smart’’ process to assist On page 310 line 11, strike the word ‘‘and’’ mon carrier, for the creation or functioning with the determination of the correct cost after the word ‘‘LISC’’ and insert ‘‘,’’ and on of public service infrastructure, such as for basis of capital gains and losses reported on page 310 on line 12 after the words ‘‘Enter- public utilities, waste treatment facilities, Schedule D. prise Foundation’’ insert ‘‘, and the Habitat railroads, or transportation of natural gas, (b) It is the sense of the Senate that the In- for Humanity’’. crude oil or refined petroleum products; or ternal Revenue Service should utilize proc- (c) condemning property that constitutes a esses and technological tools that assist with SA 2129. Mr. WARNER submitted an severe threat to public health and safety, the independent verification of taxpayer amendment intended to be proposed by such as structures that are beyond repair or data, including the cost basis information of him to the bill H.R. 3058, making ap- otherwise unfit for human habitation or use; capital gains and losses reported on Schedule propriations for the Departments of or (d) leasing property to a private person or D, that will comply with all of the applicable Transportation, Treasury, and Housing entity that occupies an incidental part of rules and methods of the Internal Revenue and Urban Development, the Judiciary, public property or a public facility, such as Code of 1986 to ensure that all taxpayers pay a retail establishment on the ground floor of District of Columbia, and independent their fair share of Federal income tax and to a public building; or (e) acquiring abandoned decrease the shortfall in tax revenues to the agencies for the fiscal year ending Sep- property. benefit of all taxpayers. tember 30, 2006, and for other purposes; which was ordered to lie on the table; SA 2132. Mr. REID submitted an SA 2133. Mr. DORGAN (for himself, as follows: amendment intended to be proposed by Mr. CRAIG, Mr. ENZI, and Mr. BAUCUS)

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23237 proposed an amendment to the bill move the division of the court to terminate which was ordered to lie on the table; H.R. 3058, making appropriations for his office. as follows: the Departments of Transportation, On page 406, between lines 7 and 8, insert Mr. FEINGOLD submitted Treasury, and Housing and Urban De- SA 2135. the following: an amendment intended to be proposed velopment, the Judiciary, District of SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS by him to the bill H.R. 3058, making ap- Columbia, and independent agencies WITH FEDERAL TAX DEBT. propriations for the Departments of for the fiscal year ending September 30, The General Services Administration, in Transportation, Treasury, and Housing conjunction with the Financial Management 2006, and for other purposes; as follows: and Urban Development, the Judiciary, Service, shall develop procedures to subject At the appropriate place in the bill, insert District of Columbia, and independent purchase card payments to Federal contrac- the following: tors to the Federal Payment Levy Program. SEC. ll. (a) None of the funds made avail- agencies for the fiscal year ending Sep- tember 30, 2006, and for other purposes; SEC. 520. REPORTING OF AIR TRAVEL BY FED- able in this Act may be used to administer or ERAL GOVERNMENT EMPLOYEES. enforce part 515 of title 31, Code of Federal which was ordered to lie on the table; (a) ANNUAL REPORTS REQUIRED.—The Ad- Regulations (the Cuban Assets Control Regu- as follows: ministrator of General Services shall submit lations) with respect to any travel or travel- On page 244, between lines 8 and 9, insert annually to the Committee on Homeland Se- related transaction. the following: curity and Governmental Affairs of the Sen- (b) The limitation established in sub- SEC. 122.(a) The Secretary of Transpor- ate and the Committee on Government Re- section (a) shall not apply to— tation shall conduct a study regarding— form of the House of Representatives a re- (1) the administration of general or spe- (1) Federal and State efforts to waive or port on all first class and business class trav- cific licenses for travel or travel-related relax truck weight and length requirements el by employees of each agency undertaken transactions; on highways within the Eisenhower Inter- at the expense of the Federal Government. (2) section 515.204, 515.206, 515.332, 515.536, state System, including the timing of such (b) CONTENT.—The reports submitted pur- 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or waivers, during the response to Hurricane suant to subsection (a) shall include, at a 515.803 of such part 515; or Katrina and other emergencies; minimum, with respect to each travel by (3) transactions in relation to any business (2) the extent to which differing regulatory first class or business class— travel covered by section 515.560(g) of such responses by States confused first responders (1) the names of each traveler; part 515. and other aid providers during the response (2) the date of travel; SA 2134. Mr. GRASSLEY submitted to Hurricane Katrina and other emergencies; (3) the points of origination and destina- (3) the extent of the Secretary of Transpor- tion; an amendment intended to be proposed tation’s authority to waive or relax truck (4) the cost of the first class or business by him to the bill H.R. 3058, making ap- weight and length requirements on highways class travel; and propriations for the Departments of in the Eisenhower Interstate System; and (5) the cost difference between such travel Transportation, Treasury, and Housing (4) the need for the authority described in and travel by coach class fare available and Urban Development, the Judiciary, paragraph (3) in the event of an emergency. under contract with the General Services District of Columbia, and independent (b) Not later than 90 days after the date of Administration or, if no contract is avail- agencies for the fiscal year ending Sep- enactment of this Act, the Secretary of able, the lowest coach class fare available. tember 30, 2006, and for other purposes; Transportation shall submit a report to Con- (c) AGENCY DEFINED.—In this section, the gress that contains— term ‘‘agency’’ has the meaning given such which was ordered to lie on the table; (1) the results of the study conducted term in section 5701(1) of title 5, United as follows: under subsection (a); States Code. On page 356, between lines 4 and 5, insert (2) recommendations regarding the appro- the following: priate extent and form of the waiver author- SA 2138. Mr. MCCAIN submitted an SEC. 408.(a) The division of the court shall ity described in subsection (a)(3) in the event amendment intended to be proposed by release to the Congress and to the public not of an emergency; and him to the bill H.R. 3058, making ap- later than 60 days after the date of enact- (3) proposed legislation to provide such au- propriations for the Departments of ment of this Act all portions of the final re- thority. port of the independent counsel of the inves- Transportation, Treasury, and Housing and Urban Development, the Judiciary, tigation of Henry Cisneros made under sec- SA 2136. Mr. COBURN submitted an tion 594(h) of title 28, United States Code, ex- amendment intended to be proposed by District of Columbia, and independent cept for any such portions that contain in- him to the bill H.R. 3058, making ap- agencies for the fiscal year ending Sep- formation of a personal nature that the divi- tember 30, 2006, and for other purposes; sion of the court determines the disclosure of propriations for the Departments of Transportation, Treasury, and Housing which was ordered to lie on the table; which would cause a clearly unwarranted in- as follows: vasion of privacy that outweighs the public and Urban Development, the Judiciary, interest in a full accounting of this inves- District of Columbia, and independent On page 311, line 15, strike ‘‘in accordance’’ tigation. Upon the release of the final report, agencies for the fiscal year ending Sep- and all that follows through ‘‘Act’’ on line 17. the final report shall be published pursuant tember 30, 2006, and for other purposes; to section 594(h)(3) of title 28, United States which was ordered to lie on the table; SA 2139. Mr. BOND (for Mrs. BOXER) Code. as follows: (b)(1) After the release and publication of proposed an amendment to the bill the final report referred to in subsection (a), On page 436, between lines 10 and 11, insert H.R. 3058, making appropriations for the independent counsel shall continue his the following: the Departments of Transportation, office only to the extent necessary and ap- SEC. ll. None of the funds made available Treasury, and Housing and Urban De- propriate to perform the noninvestigative by this Act shall be used to enter into any velopment, the Judiciary, District of and nonprosecutorial tasks remaining of his lease for a facility under the jurisdiction of the General Services Administration unless Columbia, and independent agencies statutory duties as required to conclude the for the fiscal year ending September 30, functions of his office. the Administrator of General Services first (2) The duties referred to in paragraph (1) submits to Congress a report demonstrating 2006, and for other purposes; as follows: shall specifically include— that the life of the lease would cost less than On page 219, line 5, strike the period and (A) the evaluation of claims for attorney the full and total costs of each considered insert the following: ‘‘: Provided further, That fees, pursuant to section 593(l) of title 28, option. the Secretary of Transportation, in consulta- United States Code; tion with the Secretary of Health and (B) the transfer of records to the Archivist SA 2137. Mr. COLEMAN (for himself, Human Services and the Administrator of of the United States pursuant to section Mr. LEVIN, and Mr. AKAKA) submitted the Federal Aviation Administration, not 594(k) of title 28, United States Code; an amendment intended to be proposed later than 60 days after the date of enact- (C) compliance with oversight obligations by him to the bill H.R. 3058, making ap- ment of this Act, shall establish procedures pursuant to section 595(a) of title 28, United propriations for the Departments of with airport directors located at United States Code; and Transportation, Treasury, and Housing States airports that have incoming flights (D) preparation of statements of expendi- from any country that has had cases of avian tures pursuant to section 595(c) of title 28, and Urban Development, the Judiciary, flu and with air carriers that provide such United States Code. District of Columbia, and independent flights to deal with situations where a pas- (3) Upon completion of his remaining stat- agencies for the fiscal year ending Sep- senger on one of the flights has symptoms of utory duties, the independent counsel shall tember 30, 2006, and for other purposes; avian flu .’’.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23238 CONGRESSIONAL RECORD—SENATE October 19, 2005 SA 2140. Mr. BOND (for Ms. STABE- ‘‘(1) IN GENERAL.—In the case of a State enrollees or potential enrollees) in qualified NOW) submitted an amendment in- that has established a qualified high risk high risk pools. tended to be proposed by Mr. BOND to pool that— ‘‘(2) BENEFITS.—A State shall use amounts the bill H.R. 3058, making appropria- ‘‘(A) restricts premiums charged under the received under a grant under this subsection pool to no more than 200 percent of the pre- to provide one or more of the following bene- tions for the Departments of Transpor- mium for applicable standard risk rates; fits: tation, Treasury, and Housing and ‘‘(B) offers a choice of two or more cov- ‘‘(A) Low-income premium subsidies. Urban Development, the Judiciary, erage options through the pool; and ‘‘(B) A reduction in premium trends, actual District of Columbia, and independent ‘‘(C) has in effect a mechanism reasonably premiums, or other cost-sharing require- agencies for the fiscal year ending Sep- designed to ensure continued funding of ments. tember 30, 2006, and for other purposes; losses incurred by the State in connection ‘‘(C) An expansion or broadening of the as follows: with operation of the pool after the end of pool of individuals eligible for coverage, such as through eliminating waiting lists, in- On page 316, line 26, after ‘‘Provided,’’ in- the last fiscal year for which a grant is provided under this paragraph; creasing enrollment caps, or providing flexi- sert ‘‘That of the amount made available bility in enrollment rules. under this heading, $10,000,000 shall be made the Secretary shall provide, from the funds appropriated under paragraphs (1)(B)(i) and ‘‘(D) Less stringent rules, or additional available to carry out section 203 of Public waiver authority, with respect to coverage of (2)(A) of subsection (d) and allotted to the Law 108–186,’’. pre-existing conditions. State under paragraph (2), a grant for the ‘‘(E) Increased benefits. Mrs. MURRAY submitted an losses incurred by the State in connection SA 2141. ‘‘(F) The establishment of disease manage- with the operation of the pool. amendment intended to be proposed by ment programs. ‘‘(2) ALLOTMENT.—Subject to paragraph (4), her to the bill H.R. 3058, making appro- ‘‘(3) ALLOTMENT; LIMITATION.—The Sec- the amounts appropriated under paragraphs priations for the Departments of retary shall allot funds appropriated under (1)(B)(i) and (2)(A) of subsection (d) for a fis- Transportation, Treasury, and Housing paragraphs (1)(B)(ii) and (2)(B) of subsection cal year shall be allotted and made available (d) among States qualifying for a grant and Urban Development, the Judiciary, to the States (or the entities that operate under paragraph (1) in a manner specified by District of Columbia, and independent the high risk pool under applicable State the Secretary, but in no case shall the agencies for the fiscal year ending Sep- law) that qualify for a grant under paragraph amount so allotted to a State for a fiscal tember 30, 2006, and for other purposes; (1) as follows: year exceed 10 percent of the funds so appro- ‘‘(A) An amount equal to 40 percent of such as follows: priated for the fiscal year. appropriated amount for the fiscal year shall At the appropriate place, insert the fol- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in be allotted in equal amounts to each quali- lowing: Page 406, line 8 insert a new para- this subsection shall be construed to prohibit fying State that is one of the 50 States or the graph. a State that, on the date of the enactment of District of Columbia and that applies for a Sec. 724. The United States Interagency the State High Risk Pool Funding Extension grant under this subsection. Council on Homelessness shall conduct an Act of 2005, is in the process of implementing ‘‘(B) An amount equal to 30 percent of such assessment of the guidance disseminated by a program to provide benefits of the type de- appropriated amount for the fiscal year shall the Department of Education, the Depart- scribed in paragraph (2), from being eligible be allotted among qualifying States that ment of Housing and Urban Development, for a grant under this subsection. apply for such a grant so that the amount al- and other related federal agencies for grant- ‘‘(d) FUNDING.— lotted to such a State bears the same ratio ees of homeless assistance programs on ‘‘(1) APPROPRIATION FOR FISCAL YEAR 2006.— to such appropriated amount as the number whether such guidance is consistent with There are authorized to be appropriated and of uninsured individuals in the State bears and does not restrict the exercise of edu- there are appropriated for fiscal year 2006— to the total number of uninsured individuals cation rights provided to parents, youth, and ‘‘(A) $15,000,000 to carry out subsection (a); (as determined by the Secretary) in all quali- children under subtitle B of title VII of the and fying States that so apply. McKinney-Vento Act: Provided, That such as- ‘‘(B) $75,000,000, of which, subject to para- ‘‘(C) An amount equal to 30 percent of such sessment shall address whether the prac- graph (4)— appropriated amount for the fiscal year shall tices, outreach, and training efforts of said ‘‘(i) two-thirds of the amount appropriated be allotted among qualifying States that agencies serve to protect and advance such shall be made available for allotments under apply for such a grant so that the amount al- rights: Provided further, That the Council subsection (b)(2); and lotted to a State bears the same ratio to shall submit to the House and Senate Com- ‘‘(ii) one-third of the amount appropriated such appropriated amount as the number of mittees on Appropriations an interim report shall be made available for allotments under individuals enrolled in health care coverage by May 1, 2006, and a final report by Sep- subsection (c)(3). through the qualified high risk pool of the tember 1, 2006. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR State bears to the total number of individ- FISCAL YEARS 2007 THROUGH 2010.—There are uals so enrolled through qualified high risk SA 2142. Mr. MCCONNELL (for Mr. authorized to be appropriated $75,000,000 for pools (as determined by the Secretary) in all ENZI) proposed an amendment to the each of fiscal years 2007 through 2010, of qualifying States that so apply. bill H.R. 3204, to amend title XXVII of which, subject to paragraph (4)— ‘‘(3) SPECIAL RULE FOR POOLS CHARGING ‘‘(A) two-thirds of the amount appro- the Public Health Service Act to ex- HIGHER PREMIUMS.—In the case of a qualified priated for a fiscal year shall be made avail- tend Federal funding for the establish- high risk pool of a State which charges pre- able for allotments under subsection (b)(2); ment and operation of State high risk miums that exceed 150 percent of the pre- and mium for applicable standard risks, the health insurance pools; as follows: ‘‘(B) one-third of the amount appropriated State shall use at least 50 percent of the Strike all after the enacting clause and infor a fiscal year shall be made available for amount of the grant provided to the State to sert the following: allotments under subsection (c)(3). carry out this subsection to reduce pre- SECTION 1. SHORT TITLE. ‘‘(3) AVAILABILITY.—Funds appropriated for miums for enrollees. This Act may be cited as the ‘‘State High purposes of carrying out this section for a ‘‘(4) LIMITATION FOR TERRITORIES.—In no Risk Pool Funding Extension Act of 2005’’. fiscal year shall remain available for obliga- case shall the aggregate amount allotted and tion through the end of the following fiscal SEC. 2. EXTENSION OF FUNDING FOR OPERATION made available under paragraph (2) for a fis- OF STATE HIGH RISK HEALTH IN- year. cal year to States that are not the 50 States SURANCE POOLS. ‘‘(4) REALLOTMENT.—If, on June 30 of each or the District of Columbia exceed $1,000,000. Section 2745 of the Public Health Service fiscal year for which funds are appropriated Act (42 U.S.C. 300gg–45) is amended to read as ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL under paragraph (1)(B) or (2), the Secretary follows: CONSUMER BENEFITS.— determines that all the amounts so appro- ‘‘SEC. 2745. RELIEF FOR HIGH RISK POOLS. ‘‘(1) IN GENERAL.—In the case of a State priated are not allotted or otherwise made ‘‘(a) SEED GRANTS TO STATES.—The Sec- that is one of the 50 States or the District of available to States, such remaining amounts retary shall provide from the funds appro- Columbia, that has established a qualified shall be allotted and made available under priated under subsection (d)(1)(A) a grant of high risk pool, and that is receiving a grant subsection (b) among States receiving grants up to $1,000,000 to each State that has not under subsection (b)(1), the Secretary shall under subsection (b) for the fiscal year based created a qualified high risk pool as of the provide, from the funds appropriated under upon the allotment formula specified in such date of enactment of the State High Risk paragraphs (1)(B)(ii) and (2)(B) of subsection subsection. Pool Funding Extension Act of 2005 for the (d) and allotted to the State under paragraph ‘‘(5) NO ENTITLEMENT.—Nothing in this sec- State’s costs of creation and initial oper- (3), a grant to be used to provide supple- tion shall be construed as providing a State ation of such a pool. mental consumer benefits to enrollees or po- with an entitlement to a grant under this ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— tential enrollees (or defined subsets of such section.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23239 ‘‘(e) APPLICATIONS.—To be eligible for a above the price of that product immediately by him to the bill H.R. 3058, making ap- grant under this section, a State shall sub- prior to the declaration unless the increase propriations for the Departments of mit to the Secretary an application at such in the amount charged is attributable to ad- Transportation, Treasury, and Housing time, in such manner, and containing such ditional costs incurred by the seller or na- and Urban Development, the Judiciary, information as the Secretary may require. tional or international market trends. ‘‘(f) ANNUAL REPORT.—The Secretary shall (b) ENFORCEMENT.— District of Columbia, and independent submit to Congress an annual report on (1) ENFORCEMENT POWERS.— agencies for the fiscal year ending Sep- grants provided under this section. Each (A) IN GENERAL.—The Commission shall en- tember 30, 2006, and for other purposes; such report shall include information on the force this section as part of its duties under which was ordered to lie on the table; distribution of such grants among States and the Federal Trade Commission Act (15 U.S.C. as follows: the use of grant funds by States. 41 et seq.). On page 293, after line 25, add the fol- ‘‘(g) DEFINITIONS.—In this section: (B) REPORTING OF VIOLATIONS.—For pur- lowing: ‘‘(1) QUALIFIED HIGH RISK POOL.— poses of the enforcement of this section, the SEC. lllll. The Internal Revenue ‘‘(A) IN GENERAL.—The term ‘qualified high Commission shall establish procedures to Service shall provide taxpayers with free in- risk pool’ has the meaning given such term permit the reporting of violations of this sec- dividual tax electronic preparation and filing in section 2744(c)(2), except that a State may tion to the Commission, including appro- services only through the Free File program elect to meet the requirement of subpara- priate links on the Internet website of the and the Internal Revenue Service’s Taxpayer graph (A) of such section (insofar as it re- Commission and the use of a toll-free tele- Assistance Centers and Volunteer Income quires the provision of coverage to all eligi- phone number for such purposes. Tax Assistance program. ble individuals) through providing for the en- (2) PENALTY.— rollment of eligible individuals through an (A) CRIMINAL PENALTY.—A violation of this SA 2147. Mr. DEWINE submitted an acceptable alternative mechanism (as de- section shall be deemed a felony and a per- fined for purposes of section 2744) that in- son, upon conviction of a violation of this amendment intended to be proposed by cludes a high risk pool as a component. section, shall be punished by fine not exceed- him to the bill H.R. 3058, making ap- ‘‘(2) STANDARD RISK RATE.—The term ing $10,000,000 if a corporation, or, if any propriations for the Departments of ‘standard risk rate’ means a rate— other person, $350,000, or by imprisonment Transportation, Treasury, and Housing ‘‘(A) determined under the State high risk not exceeding 3 years, or both. and Urban Development, the Judiciary, pool by considering the premium rates (B) CIVIL PENALTY.—The Commission may District of Columbia, and independent charged by other health insurers offering impose a civil penalty not to exceed $5,000 agencies for the fiscal year ending Sep- health insurance coverage to individuals in for each violation of this section. For pur- tember 30, 2006, and for other purposes; the insurance market served; poses of this subparagraph, each day of viola- ‘‘(B) that is established using reasonable tion shall constitute a separate offense. Civil which was ordered to lie on the table; actuarial techniques; and penalties under this subparagraph shall not as follows: ‘‘(C) that reflects anticipated claims expe- exceed amounts provided in subparagraph On page 244, line 17, insert ‘‘of which rience and expenses for the coverage in- (A). $13,679,000 shall be for the ‘New Car Assess- volved. (c) ACTION BY STATE ATTORNEY GENERAL.— ment Program’ (including $6,000,000, which ‘‘(3) STATE.—The term ‘State’ means any of The attorney general of a State may bring a shall remain available until September 30, the 50 States and the District of Columbia civil action for a violation of this section 2007) and $1,000,000 shall be for the ‘Vehicle and includes Puerto Rico, the Virgin Islands, pursuant to section 4C of the Clayton Act (15 Crash Causation Study’:’’ after ‘‘Highway Guam, American Samoa, and the Northern U.S.C. 15c). Trust Fund’’. Mariana Islands.’’. (d) This section becomes effective 1 day after enactment. SA 2148. Mr. PRYOR submitted an SA 2143. Mr. DAYTON submitted an amendment intended to be proposed by amendment intended to be proposed by SA 2144. Mr. CORZINE submitted an him to the bill H.R. 3058, making ap- him to the bill H.R. 3058, making ap- amendment intended to be proposed by propriations for the Departments of propriations for the Departments of him to the bill H.R. 3058, making ap- Transportation, Treasury, and Housing Transportation, Treasury, and Housing propriations for the Departments of and Urban Development, the Judiciary, and Urban Development, the Judiciary, Transportation, Treasury, and Housing District of Columbia, and independent District of Columbia, and independent and Urban Development, the Judiciary, agencies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- District of Columbia, and independent tember 30, 2006, and for other purposes; tember 30, 2006, and for other purposes; agencies for the fiscal year ending Sep- which was ordered to lie on the table; which was ordered to lie on the table; tember 30, 2006, and for other purposes; as follows: which was ordered to lie on the table; as follows: On page 276, after line 24, insert the fol- At the end of the bill, add the following: as follows: lowing: TITLE XXll—NATURAL DISASTER OIL On page 252, between lines 11 and 12, insert SEC. 1ll. Section 127(a) of title 23, AND GAS PRICE GOUGING PREVENTION the following: ‘‘Provided further, That the United States Code, is amended by adding at ACT OF 2005 Corporation shall not create a wholly owned the end the following: Northeast Corridor subsidiary or transfer the SEC. l01. SHORT TITLE. ‘‘(13) ARKANSAS.—During the period be- Northeast Corridor infrastructure into such This title may be cited as the ‘‘Natural ginning on the date of enactment of this subsidiary unless such activities are specifi- Disaster Oil and Gas Price Gouging Preven- paragraph and ending on September 30, 2009, cally authorized by an Act of Congress:’’. tion Act of 2005’’. the State of Arkansas may allow the operation of vehicles with a gross vehicle weight SEC. l02. DEFINITIONS. SA 2145. Mr. LAUTENBERG (for him- In this title: of up to 80,000 pounds for the hauling of cot- self and Mr. LOTT) submitted an ton seed on Interstate Route 555 during the (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission. amendment intended to be proposed by months of August through December to cross the St. Francis Floodway from Marked Tree (2) QUALIFYING NATURAL DISASTER DECLARA- him to the bill H.R. 3058, making ap- to Payneway, when that route is open to TION.—The term ‘‘qualifying natural disaster propriations for the Departments of declaration’’ means— Transportation, Treasury, and Housing traffic.’’. (A) a natural disaster declared by the Sec- and Urban Development, the Judiciary, f retary under section 321(a) of the Consoli- District of Columbia, and independent NOTICES OF HEARINGS/MEETINGS dated Farm and Rural Development Act (7 agencies for the fiscal year ending Sep- U.S.C. 1961(a)); or tember 30, 2006, and for other purposes; COMMITTEE ON ENERGY AND NATURAL (B) a major disaster or emergency des- RESOURCES ignated by the President under the Robert T. which was ordered to lie on the table; as follows: Mr. DOMENICI. Mr. President, I Stafford Disaster Relief and Emergency As- would like to announce for the infor- sistance Act (42 U.S.C. 5121 et seq.). On page 250, line 9, beginning with ‘‘expended:’’ strike through line 17 on page 252 mation of the Senate and the public SEC. l03. RESTRICTION ON PRICE GOUGING. that a hearing has been scheduled be- (a) RESTRICTIONS.—It shall be unlawful in and insert ‘‘expended.’’. the United States during the period of a fore the Committee on Energy and Nat- qualifying natural disaster declaration in SA 2146. Mr. ENSIGN (for himself, ural Resources. the United States to increase the price of Mr. ALLEN, and Mr. DEMINT) submitted The hearing will be held on Thurs- any oil or gas product more than 15 percent an amendment intended to be proposed day, October 27, 2005 at 10 a.m. in room

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23240 CONGRESSIONAL RECORD—SENATE October 19, 2005 SD–366 of the Dirksen Senate Office The purpose of this meeting is to meet during the session of the Senate Building. consider reconciliation legislation and on October 19, 2005, at 2:30 p.m. to hold The purpose of this hearing is to re- any other pending calendar business a closed briefing. ceive testimony from the Administra- which may be ready for consideration. The PRESIDING OFFICER. Without tion on hurricane recovery efforts re- The PRESIDING OFFICER. Without objection, it is so ordered. lated to energy and to discuss energy objection, it is so ordered. SUBCOMMITTEE ON ANTITRUST, COMPETITION policy. COMMITTEE ON FOREIGN RELATIONS POLICY AND CONSUMER RIGHTS Because of the limited time available Mr. BOND. Mr. President, I ask unan- Mr. BOND. Mr. President, I ask unan- for the hearing, witnesses may testify imous consent that the Committee on imous consent that the Subcommittee by invitation only. However, those Foreign Relations be authorized to on Antitrust, Competition Policy and Consumer Rights be authorized to meet wishing to submit written testimony meet during the session of the Senate on Wednesday, October 19, 2005, to con- for the hearing record should send two on Wednesday, October 19, 2005, at 10 duct a hearing on ‘‘Video Competition copies of their testimony to the Com- a.m. to hold a hearing on Iraq in U.S. in 2005—More Consolidation, or New mittee on Energy and Natural Re- Foreign Policy. Choices for Consumers?’’ at 2 p.m. in sources, United States Senate, Wash- The PRESIDING OFFICER. Without Room 226 of the Dirksen Senate Office ington, DC 20510–6150. objection, it is so ordered. For further information, please con- Building. COMMITTEE ON FOREIGN RELATIONS tact Lisa Epifani 202–224–5269 or Shan- Mr. BOND. Mr. President, I ask unan- Witness List non Ewan at 202–224–7555. imous consent that the Committee on Mr. Glenn Britt, Chairman and CEO, COMMITTEE ON ENERGY AND NATURAL Foreign Relations be authorized to Time Warner Cable, Stamford; CT; Mr. RESOURCES meet during the session of the Senate Kyle McSlarrow, President and CEO, Mr. DOMENICI. Mr. President, I on Wednesday, October 19, 2005, at 2:30 NCTA, Washington, DC; Mr. Walter would like to announce for the infor- p.m. to hold a hearing on Nominations. McCormick, Jr., President and CEO, mation of the Senate and the public The PRESIDING OFFICER. Without United States Telecom Association, that a hearing has been scheduled be- objection, it is so ordered. Washington, DC; Mr. Doron Gorshein, fore the Committee on Energy and Nat- COMMITTEE ON HEALTH, EDUCATION, LABOR, President and CEO, The America Chan- ural Resources. AND PENSIONS nel, LLC, Heathrow, FL; Mr. Peter The hearing will be held on Thurs- Mr. BOND. Mr. President, I ask unan- Aquino, President and CEO, RCN Cor- day, November 3, 2005 at 10 a.m. in imous consent that the Committee on poration, Herndon, VA; Mr. Scott Room SD–366 of the Dirksen Senate Of- Health, Education, Labor, and Pen- Cleland, Chief Executive Officer, Pre- fice Building. sions, Subcommittee on Employment cursor, Washington, DC; and Dr. Mark The purpose of the hearing is to and Workplace Safety, be authorized to Cooper, Director of Research, Con- evaluate and receive a status report on hold a hearing during the session of the sumer Federation of America, Wash- the Environmental Management Pro- Senate on Wednesday, October 19th, at ington, DC. grams of the Department of Energy. 2 p.m. in SD–430. The PRESIDING OFFICER. Without Because of the limited time available objection, it is so ordered. for the hearing, witnesses may testify The PRESIDING OFFICER. Without f by invitation only. However, those objection, it is so ordered. wishing to submit written testimony COMMITTEE ON THE JUDICIARY PRIVILEGE OF THE FLOOR for the hearing record should send two Mr. BOND. Mr. President, I ask unan- Mr. ALLARD. Mr. President, I ask copies of their testimony to the Com- imous consent that the Committee on unanimous consent that Sam mittee on Energy and Natural Re- the Judiciary be authorized to meet to Tatevosyan of my staff be given floor sources, United States Senate, Wash- conduct a hearing on ‘‘Reporters’ privileges for the duration of morning ington, DC 205l0–6150. Privilege Legislation: An Additional business today. For further information, please con- Investigation of Issues and Implica- The PRESIDING OFFICER. Without tact Clint Williamson 202–224–7556 or tions’’ on Wednesday, October 19, 2005 objection, it is so ordered. Steve Waskiewicz at 202–228–6195. at 10:30 a.m. in the Dirksen Senate Of- Mr. HARKIN. I ask unanimous con- f fice Building Room 226. sent that Cathy Poon of my staff be granted the privilege of the floor for AUTHORITY FOR COMMITTEES TO Witness List the duration of this debate. MEET Panel I: Chuck Rosenberg, United The PRESIDING OFFICER. Without COMMITTEE ON AGRICULTURE, NUTRITION, AND States Attorney for the Southern Dis- objection, it is so ordered. FORESTRY trict of Texas, on behalf of the United Mrs. CLINTON. Mr. President, I ask Mr. BOND. Mr. President, I ask unan- States Department of Justice Houston, unanimous consent for floor privileges imous consent that the Committee on TX. for a fellow in my office, Chelsea Agriculture, Nutrition and Forestry be Panel II: Judith Miller, Investigative Maughan. authorized to conduct a business meet- Reporter and Senior Writer, The New The PRESIDING OFFICER. Without ing during the session of the Senate on York Times, New York, NY; David objection, it is so ordered. Wednesday, October 19, 2005 at 10 a.m. Westin, President, ABC News, New f in SR–328A, Russell Senate Office York, NY; Joseph E. diGenova, Found- AUTHORITY TO SIGN ENROLLED Building. The purpose of this meeting ing Partner, diGenova & Toensing BILLS will be to consider an original bill to LLP, Washington, DC; Anne Gordon, Mr. MCCONNELL. Mr. President, I comply with the Committee’s rec- Managing Editor, Philadelphia In- quirer, Philadelphia, PA; Dale Dav- ask unanimous consent that during the onciliation instructions as contained in adjournment of the Senate, the major- enport, Editorial Page Editor, The Pa- H. Con. Res. 95. ity leader and the junior Senator from triot-News, Harrisburg, PA; and Steven The PRESIDING OFFICER. Without Oklahoma be authorized to sign duly D. Clymer, Professor of Law, Cornell objection, it is so ordered. enrolled bills. COMMITTEE ON ENERGY AND NATURAL Law School Myron Taylor Hall, Ithaca, The PRESIDING OFFICER. Without RESOURCES NY. objection, it is so ordered. Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. Without f imous consent that the Committee on objection, it is so ordered. Energy and Natural Resources be au- SELECT COMMITTEE ON INTELLIGENCE MEDICARE COST SHARING AND thorized to meet during the session of Mr. BOND. Mr. President, I ask unan- WELFARE EXTENSION ACT OF 2005 the Senate on Wednesday, October 19 imous consent that the Select Com- Mr. MCCONNELL. Mr. President, I at 10 a.m. mittee on Intelligence be authorized to ask unanimous consent that the Chair

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23241 now lay before the Senate the House provide for the participation of employees in proceed to the consideration of S. Res. message to accompany H.R. 3971. the judicial branch in any emergency leave 281 which was submitted earlier today. The PRESIDING OFFICER laid be- transfer program under this section.’’. The PRESIDING OFFICER. The fore the Senate the following message f clerk will report the resolution by from the House of Representatives: SUPPORTING THE GOALS AND title. H.R. 3971 IDEALS OF LIGHTS ON AFTER- The legislative clerk read as follows: Resolved, That the House agree to the SCHOOL A resolution (S. Res. 281) honoring and thanking James Patrick Rohan. amendment of the Senate to the bill (H.R. Mr. MCCONNELL. Mr. President, I 3971) entitled ‘‘An Act to provide assistance ask unanimous consent that the Sen- There being no objection, the Senate to individuals and States affected by Hurri- ate now proceed to the consideration of proceeded to consider the resolution. cane Katrina’’, with House amendments to Mr. MCCONNELL. I ask unanimous Senate amendments. S. Res. 280 which was submitted earlier today. consent that the resolution be agreed Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. The to, the preamble be agreed to, and the consent that the Senate concur in the clerk will report the resolution by motion to reconsider be laid upon the House amendments, the motion to re- title. table. consider be laid upon the table, and The legislative clerk read as follows: The PRESIDING OFFICER. Without any statements relating to the bill be A resolution (S. Res. 280) supporting objection, it is so ordered. printed in the RECORD. ‘‘Lights on Afterschool,’’ a national celebra- The resolution (S. Res. 281) was The PRESIDING OFFICER. Without tion of after school programs. agreed to. objection, it is so ordered. There being no objection, the Senate The preamble was agreed to. f proceeded to consider the resolution. The resolution, with its preamble, Mr. MCCONNELL. I ask unanimous reads as follows: APPOINTMENT consent that the resolution be agreed Whereas Assistant Chief of Police James The PRESIDING OFFICER. The to, the preamble be agreed to, and the Patrick Rohan, a native of the State of Chair, on behalf of the Democratic motion to reconsider be laid upon the Maryland, has served the United States Cap- Leader, pursuant to Public Law 109–59, table. itol Police for thirty (30) years with distinc- Sec. 1909(b)(2)(A)(vi), appoints the fol- The PRESIDING OFFICER. Without tion, having been appointed as a Private on lowing individuals to serve as members objection, it is so ordered. December 8, 1975; of the National Surface Transportation The resolution (S. Res. 280) was Whereas Assistant Chief Rohan, having agreed to. risen through the ranks to his current posi- Policy and Revenue Study Commis- tion over his longstanding career, has been sion: Francis McArdle of New York and The preamble was agreed to. The resolution, with its preamble, instrumental in a variety of initiatives de- Tom R. Shancke of Nevada. reads as follows: signed to enhance the security of the Con- gress; f S. RES. 280 Whereas Assistant Chief Rohan, who holds PARTICIPATION OF JUDICIAL Whereas high quality after school pro- a Master of Science Degree in Justice/Law BRANCH EMPLOYEES IN FED- grams provide safe, challenging, engaging, Enforcement from the American University ERAL LEAVE TRANSFER PRO- and fun learning experiences to help children and a Bachelor of Arts Degree in Law En- GRAM and youth develop their social, emotional, forcement from the University of Maryland, physical, cultural, and academic skills; as well as numerous specialized law enforce- Mr. MCCONNELL. Mr. President, I Whereas high quality after school pro- ment and security training accomplishments ask unanimous consent that the Sen- grams support working families by ensuring and honors: Now, therefore, be it ate proceed to the immediate consider- that the children in such families are safe Resolved, That the Senate hereby honors ation of Calendar No. 227, S. 1736. and productive after the regular school day and thanks James Patrick Rohan and his The PRESIDING OFFICER. The ends; wife, Cecilia, and children, Ben, Natalie, Eric Whereas high quality after school pro- and David, and his entire family, for a life- clerk will report the bill by title. grams build stronger communities by involv- The legislative clerk read as follows: long professional commitment of service to ing the Nation’s students, parents, business the United States Capitol Police and the A bill (S. 1736) to provide for the participa- leaders, and adult volunteers in the lives of United States Congress. tion of employees in the judicial branch in the Nation’s youth, thereby promoting posi- the Federal leave transfer program for disas- tive relationships among children, youth, f ters and emergencies. families, and adults; There being no objection, the Senate Whereas high quality after school pro- FAIR ACCESS FOSTER CARE ACT proceeded to consider the bill. grams engage families, schools, and diverse OF 2005 community partners in advancing the well- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I being of the Nation’s children; ask unanimous consent that the bill be Whereas ‘‘Lights On Afterschool!’’, a na- ask unanimous consent that the Sen- read a third time and passed, the mo- tional celebration of after school programs ate proceed to the immediate consider- tion to reconsider be laid upon the held on October 20, 2005, promotes the crit- ation of S. 1894 introduced earlier table, and any statements relating to ical importance of high quality after school today. the bill be printed in the RECORD. programs in the lives of children, their fami- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without lies, and their communities; clerk will report the bill by title. objection, it is so ordered. Whereas more than 28,000,000 children in The legislative clerk read as follows: the United States have parents who work A bill (S. 1894) to amend part E of title IV The bill (S. 1736) was read the third outside the home and 14,300,000 children in of the Social Security Act to provide for the time and passed, as follows: the United States have no place to go after making of foster care maintenance payments S. 1736 school; and to private for-profit agencies. Be it enacted by the Senate and House of Rep- Whereas many after school programs resentatives of the United States of America in across the United States are struggling to There being no objection, the Senate Congress assembled, keep their doors open and their lights on: proceeded to consider the bill. SECTION 1. LEAVE TRANSFER PROGRAM IN DIS- Now, therefore, be it Mr. INHOFE. Mr. President, I rise ASTERS AND EMERGENCIES. Resolved That the Senate supports the today in support of the Fair Access Section 6391 of title 5, United States Code, goals and ideals of ‘‘Lights On Afterschool!’’ a national celebration of after school pro- Foster Care Act of 2005. is amended— grams. Therapeutic foster care is foster care (1) by redesignating subsection (f) as sub- for children with special medical, psy- f section (g); and chological, emotional, and social (2) by inserting after subsection (e) the fol- HONORING AND THANKING JAMES needs. These children need comprehen- lowing: PATRICK ROHAN ‘‘(f) After consultation with the Adminis- sive support and attention, requiring a trative Office of the United States Courts, Mr. MCCONNELL. Mr. President, I great deal of commitment and sacrifice the Office of Personnel Management shall ask unanimous consent the Senate now from foster care parents.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23242 CONGRESSIONAL RECORD—SENATE October 19, 2005 Prior to the placement of a child, a There are over 500,000 children in fos- also unanimously passed the full Sen- potential therapeutic foster care parter care today. A large number of these ate in the last Congress. ent must complete a certification proc- children require therapeutic care. The The amendment to H. R. 3204 that I ess that involves a background check, business model of for-profit agencies bring before us today reflects much a training program, and at least two should not prohibit Title IV–E mainte- careful and bipartisan work, not only home studies. nance cost reimbursement. Now is not within the Senate, but with the House At Choices for Life Foster Care, Inc., the time to prevent highly qualified as well. After we pass this amendment a for-profit provider in Oklahoma City, agencies from placing these children in and send it to the House, I expect our counselors are in the home a minimum safe homes. colleagues in that Chamber will ap- of 2 hours every other week once a I have long been dedicated to quality prove it quickly, thus paving the way child has been placed. care for my constituents in Oklahoma for a swift trip to the President’s desk Generally therapeutic foster care and across America. My bill to help al- and into law. children are not permitted to attend leviate the flu vaccine shortage, my This legislation extends and makes daycare and require ‘‘line of sight’’ su- work to expand access to life-saving improvements in the Federal Health pervision. That is, therapeutic foster cardiac defibrillators, and my bill to Insurance High Risk Pool Grant Pro- care children must be in view of the freeze the Federal medical assistance gram originally enacted in 2002 as part foster parents at all times, except when percentage for 10 years to ensure that of the Trade Adjustment Assistance attending school and other approved States continue to receive adequate Reform Act, TAA. This grant program activities. Federal funding highlight this commit- provides critical assistance States both Recruiting parents to provide thera- ment. for the start-up of new risk pools and peutic foster care is a never-ending job. I thank Mr. ROCKEFELLER, Mr. CRAIG, for the continued operation of existing There are always children waiting for a and Ms. LANDRIEU for cosponsoring this ones. match to be found. Therapeutic foster bill. State high risk pools are State-cre- care children stay in crisis shelters for Please join me in supporting this bill ated nonprofit entities that provide ac- the transition period, adding a great to assist on out States in the endeavor cess to health insurance for persons deal of stress to their lives. to serve these five-hundred-thousand- who are not covered under an employer Each State has a different standard plus vulnerable children. plan or a government program, and for determining whether children need Mr. MCCONNELL. I ask unanimous whose medical profile makes it very therapeutic foster care. Once a child is consent that the bill be read a third difficult or impossible for them to find identified, most State governments time and passed, the motion to recon- coverage in the individual insurance contract with private agencies to place sider be laid upon the table, and that market. the child in a home. any statements relating to the bill be These individuals are often the sick- In my State of Oklahoma, fifteen printed in the RECORD. est and most vulnerable among us, and agencies contract with the State gov- The PRESIDING OFFICER. Without who, without access to high risk pools ernment to provide therapeutic foster objection, it is so ordered. would otherwise fall through the care services. Of those 15 agencies, 5 The bill (S. 1894) was read the third cracks and be forced to bankrupt them- operate under a for-profit status, 10 op- time and passed, as follows: selves onto the Medicaid rolls. erate under a nonprofit status. The S. 1894 Nearly 200,000 people have purchased bottom line is that 62 percent of thera- Be it enacted by the Senate and House of Rep- health insurance policies through high peutic foster care children are man- resentatives of the United States of America in risk pools nationwide. In my home aged by for-profit agencies, and we Congress assembled, State of Wyoming more than 650 people must maintain the availability of care SECTION 1. SHORT TITLE. have comprehensive health insurance for these children. This Act may be cited as the ‘‘Fair Access thanks to the Wyoming Health Insur- Therapeutic foster care agencies re- Foster Care Act of 2005’’. ance Pool. ceive funding from Medicaid and Title SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS This insurance covers doctor visits, IV–E maintenance payments from the TO PRIVATE FOR-PROFIT AGENCIES. prescription drugs, home health visits, Section 472(b) of the Social Security Act United States Department of Health (42 U.S.C. 672(b)) is amended by striking rehabilitation services, mental health, and Human Service, HHS. The 1996 ‘‘nonprofit’’ each place it appears. physical therapy, and maternity care. Welfare Reauthorization Act at- It is meaningful insurance coverage for f tempted to correct a discrepancy be- people who would otherwise be unin- tween treatment of children managed STATE HIGH RISK POOL FUNDING surable. by for-profit agencies and by nonprofit EXTENSION ACT OF 2005 Under these programs, individuals agencies via removing the word ‘‘non- Mr. MCCONNELL. Mr. President, I pay capped premiums for their cov- profit’’ from title 42 of the United ask unanimous consent that the Sen- erage, but such premiums generally States Social Security Code. Unfortu- ate proceed to the immediate consider- cover only 50 to 60 percent of the total nately, the deletion was only made in ation of Calendar No. 181, H. R. 3204. cost of their care. The rest of the ex- one of the three sections addressing The PRESIDING OFFICER. The pense must be made up by other reve- this issue, thus causing therapeutic clerk will report the bill by title. nues, typically through an annual as- foster care agencies to remain sub- The legislative clerk read as follows: sessment of insurance companies. jected to arbitrary regulation. A bill (H. R. 3204) to amend title XXVII of The current Federal Risk Pool Grant Only recently was it brought to the the Public Health Service Act to extend Fed- Program authorized up to $40 million attention of Oklahoma’s Department of eral funding for the establishment and oper- annually to help existing State high Human Services that additional legal ation of State high risk health insurance risk pools ease the steep losses requir- changes were needed. Most State gov- pools. ing subsidies that they incur in these ernments face the same problem. There being no objection, the Senate programs each year. Last year alone, My bill amends the United States proceeded to consider the bill. total combined losses in State risk Code to allow all therapeutic foster Mr. ENZI. Mr. President, I am pools was more than $539 billion, an in- care agencies to receive maintenance pleased today to bring to the floor an crease of 12 percent over the previous payments from the United States De- amendment to H.R. 3204, The State year. partment of Health and Human Serv- High Risk Pool Funding Extension Act The legislation before us today would ices. of 2005. The Senate companion, S. 288, increase authorization for grants to ex- The Congressional Budget Office has sponsored by Senators GREGG and BAU- isting risk pool programs from $40 mil- indicated that any costs associated CUS, was approved unanimously in Feb- lion to $75 million per year through with this legislation would be insignifi- ruary by the Health, Education, Labor, 2009. It would also extend through 2006 cant. and Pensions Committee. A similar bill authorization for $15 million annually

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD—SENATE 23243 for seed grants to States without risk this important legislation, and to our ‘‘(A) An amount equal to 40 percent of such pools that wish to establish them. committee’s ranking member, Senator appropriated amount for the fiscal year shall Under this program, States would be KENNEDY, for his hard work and com- be allotted in equal amounts to each qualifying State that is one of the 50 States or the eligible for grants of up to $1 million mitment. I urge all of my colleagues to District of Columbia and that applies for a for the creation and initial operation of join me in giving this much needed leg- grant under this subsection. a risk pool. islation our full support. ‘‘(B) An amount equal to 30 percent of such It is critical that Congress act swift- Finally, credit should go as well to a appropriated amount for the fiscal year shall ly on this important bill. Authoriza- number of current and past Senate be allotted among qualifying States that tion for the current grant program ex- staff, some of whom have worked for apply for such a grant so that the amount al- pired at the end of fiscal year 2004, and several years to bring this bill to fru- lotted to such a State bears the same ratio all remaining funds will be exhausted ition. We greatly appreciate the work to such appropriated amount as the number of uninsured individuals in the State bears upon the expiration of fiscal year 2005. of many, including David Bowen, David to the total number of uninsured individuals Moreover, many State legislatures are Fisher, Kim Monk, Stephen Northrup, (as determined by the Secretary) in all quali- assessing whether or not to move Andrew Patzman, Stacey Sachs, fying States that so apply. ahead with risk pool programs. Passage Conwell Smith, and Vince Ventimiglia. ‘‘(C) An amount equal to 30 percent of such of this legislation would send to the I urge the Senate to give this much appropriated amount for the fiscal year shall States a strong signal of continued and needed legislation the strong support it be allotted among qualifying States that renewed Federal commitment to such deserves. apply for such a grant so that the amount allotted to a State bears the same ratio to Mr. MCCONNELL. Mr. President, I programs. such appropriated amount as the number of In addition to extending and increas- ask unanimous consent that the Enzi individuals enrolled in health care coverage ing authorization for Federal grant as- amendment at the desk be agreed to, through the qualified high risk pool of the sistance, our legislation also makes a the bill, as amended, be read a third State bears to the total number of individ- certain targeted improvements in how time and passed, the motions to recon- uals so enrolled through qualified high risk the Federal risk pool grants operate. sider be laid upon the table, and that pools (as determined by the Secretary) in all For example, the bill would allow any statements relating to the bill be qualifying States that so apply. ‘‘(3) SPECIAL RULE FOR POOLS CHARGING States a greater degree of flexibility in printed in the RECORD. The PRESIDING OFFICER. Without HIGHER PREMIUMS.—In the case of a qualified how they apply Federal grant dollars high risk pool of a State which charges pre- to their risk pool programs, and in the objection, it is so ordered. miums that exceed 150 percent of the pre- requirements for qualifying for grants. The amendment (No. 2142) was agreed mium for applicable standard risks, the In part, this greater flexibility is an ac- to, as follows: State shall use at least 50 percent of the knowledgement that State programs Strike all after the enacting clause and in- amount of the grant provided to the State to do vary and that a number of States sert the following: carry out this subsection to reduce pre- are experimenting with new and inno- SECTION 1. SHORT TITLE. miums for enrollees. This Act may be cited as the ‘‘State High ‘‘(4) LIMITATION FOR TERRITORIES.—In no vative approaches in how they set up case shall the aggregate amount allotted and and administer their risk pool pro- Risk Pool Funding Extension Act of 2005’’. SEC. 2. EXTENSION OF FUNDING FOR OPERATION made available under paragraph (2) for a fis- grams—approaches that in some cases OF STATE HIGH RISK HEALTH IN- cal year to States that are not the 50 States may not fit easily into the Federal SURANCE POOLS. or the District of Columbia exceed $1,000,000. grant parameters as they are currently Section 2745 of the Public Health Service ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL drafted. Act (42 U.S.C. 300gg–45) is amended to read as CONSUMER BENEFITS.— The legislation also makes some ad- follows: ‘‘(1) IN GENERAL.—In the case of a State that is one of the 50 States or the District of ‘‘SEC. 2745. RELIEF FOR HIGH RISK POOLS. justments in the way grant funds are Columbia, that has established a qualified ‘‘(a) SEED GRANTS TO STATES.—The Sec- allocated, such that each State will high risk pool, and that is receiving a grant retary shall provide from the funds appro- now receive a sufficient incentive to under subsection (b)(1), the Secretary shall priated under subsection (d)(1)(A) a grant of establish or improve its high risk pool. provide, from the funds appropriated under up to $1,000,000 to each State that has not paragraphs (1)(B)(ii) and (2)(B) of subsection At the same time, the revised alloca- created a qualified high risk pool as of the (d) and allotted to the State under paragraph tion system recognizes that some date of enactment of the State High Risk states have greater numbers of unin- (3), a grant to be used to provide supple- Pool Funding Extension Act of 2005 for the mental consumer benefits to enrollees or po- sured than others, and provides extra State’s costs of creation and initial oper- tential enrollees (or defined subsets of such assistance to States that operate the ation of such a pool. enrollees or potential enrollees) in qualified ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— largest risk pools. high risk pools. ‘‘(1) IN GENERAL.—In the case of a State The bill also includes a new bonus ‘‘(2) BENEFITS.—A State shall use amounts pool that can be tapped by States to that has established a qualified high risk received under a grant under this subsection pool that— offer lower premiums or improved ben- to provide one or more of the following bene- ‘‘(A) restricts premiums charged under the fits: efits in connection with their high-risk pool to no more than 200 percent of the pre- pool, rather than requiring that all ‘‘(A) Low-income premium subsidies. mium for applicable standard risk rates; ‘‘(B) A reduction in premium trends, actual funds go to help defray operational ‘‘(B) offers a choice of two or more cov- premiums, or other cost-sharing require- losses. Up to one third of State’s an- erage options through the pool; and ments. nual grant award could be used for this ‘‘(C) has in effect a mechanism reasonably ‘‘(C) An expansion or broadening of the purpose. designed to ensure continued funding of pool of individuals eligible for coverage, such The legislation before us today is the losses incurred by the State in connection as through eliminating waiting lists, in- with operation of the pool after the end of creasing enrollment caps, or providing flexi- same as that which drew unanimous the last fiscal year for which a grant is pro- and bipartisan support in our com- bility in enrollment rules. vided under this paragraph; ‘‘(D) Less stringent rules, or additional mittee, both in this Congress and the the Secretary shall provide, from the funds waiver authority, with respect to coverage of last. It would extend and improve a appropriated under paragraphs (1)(B)(i) and pre-existing conditions. program that has helped thousands of (2)(A) of subsection (d) and allotted to the ‘‘(E) Increased benefits. medically vulnerable Americans main- State under paragraph (2), a grant for the ‘‘(F) The establishment of disease manage- tain lifesaving health coverage and losses incurred by the State in connection ment programs. avoid potentially devastating financial with the operation of the pool. ‘‘(3) ALLOTMENT; LIMITATION.—The Sec- ruin. It is an important part of this ‘‘(2) ALLOTMENT.—Subject to paragraph (4), retary shall allot funds appropriated under Congress’s comprehensive efforts to the amounts appropriated under paragraphs paragraphs (1)(B)(ii) and (2)(B) of subsection (1)(B)(i) and (2)(A) of subsection (d) for a fis- (d) among States qualifying for a grant make health care and health insurance cal year shall be allotted and made available under paragraph (1) in a manner specified by more affordable and accessible for ev- to the States (or the entities that operate the Secretary, but in no case shall the eryone. the high risk pool under applicable State amount so allotted to a State for a fiscal I commend Senators GREGG and BAU- law) that qualify for a grant under paragraph year exceed 10 percent of the funds so appro- CUS for their effective leadership on (1) as follows: priated for the fiscal year.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23244 CONGRESSIONAL RECORD—SENATE October 19, 2005 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in elect to meet the requirement of subpara- that will be adequate incentive for all this subsection shall be construed to prohibit graph (A) of such section (insofar as it re- of us to finish our work on this par- a State that, on the date of the enactment of quires the provision of coverage to all eligi- ticular bill no later than tomorrow the State High Risk Pool Funding Extension ble individuals) through providing for the en- night. Act of 2005, is in the process of implementing rollment of eligible individuals through an a program to provide benefits of the type de- acceptable alternative mechanism (as de- f scribed in paragraph (2), from being eligible fined for purposes of section 2744) that infor a grant under this subsection. cludes a high risk pool as a component. ADJOURNMENT UNTIL 9:30 A.M. ‘‘(d) FUNDING.— ‘‘(2) STANDARD RISK RATE.—The term TOMORROW ‘‘(1) APPROPRIATION FOR FISCAL YEAR 2006.— ‘standard risk rate’ means a rate— Mr. MCCONNELL. Mr. President, if There are authorized to be appropriated and ‘‘(A) determined under the State high risk there are appropriated for fiscal year 2006— pool by considering the premium rates there is no further business to come be- ‘‘(A) $15,000,000 to carry out subsection (a); charged by other health insurers offering fore the Senate, I ask unanimous con- and health insurance coverage to individuals in sent that the Senate stand in adjourn- ‘‘(B) $75,000,000, of which, subject to para- the insurance market served; ment under the previous order. graph (4)— ‘‘(B) that is established using reasonable There being no objection, the Senate, ‘‘(i) two-thirds of the amount appropriated actuarial techniques; and at 6:55 p.m., adjourned until Thursday, shall be made available for allotments under ‘‘(C) that reflects anticipated claims expe- October 20, 2005, at 9:30 a.m. subsection (b)(2); and rience and expenses for the coverage in- ‘‘(ii) one-third of the amount appropriated volved. f shall be made available for allotments under ‘‘(3) STATE.—The term ‘State’ means any of subsection (c)(3). the 50 States and the District of Columbia NOMINATIONS ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR and includes Puerto Rico, the Virgin Islands, Executive nominations received by FISCAL YEARS 2007 THROUGH 2010.—There are Guam, American Samoa, and the Northern the Senate October 19, 2005: authorized to be appropriated $75,000,000 for Mariana Islands.’’. DEPARTMENT OF STATE each of fiscal years 2007 through 2010, of The bill (H. R. 3204), as amended, was which, subject to paragraph (4)— ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER ‘‘(A) two-thirds of the amount appro- read the third time and passed. OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, TO BE AN ASSISTANT SECRETARY OF STATE priated for a fiscal year shall be made avail- f (INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT able for allotments under subsection (b)(2); AFFAIRS), VICE ROBERT B. CHARLES. and ORDERS FOR THURSDAY, OCTOBER IN THE AIR FORCE ‘‘(B) one-third of the amount appropriated 20, 2005 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT for a fiscal year shall be made available for Mr. MCCONNELL. Mr. President, I IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- allotments under subsection (c)(3). CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ask unanimous consent that when the ‘‘(3) AVAILABILITY.—Funds appropriated for AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: purposes of carrying out this section for a Senate completes its business today, it fiscal year shall remain available for obliga- adjourn until 9:30 a.m. on Thursday, To be general tion through the end of the following fiscal October 20. I further ask that following LT. GEN. LANCE L. SMITH, 0000 year. the prayer and pledge, the morning IN THE ARMY ‘‘(4) REALLOTMENT.—If, on June 30 of each hour be deemed expired, the Journal of THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- fiscal year for which funds are appropriated proceedings be approved to date, the POINTMENT IN THE GRADES INDICATED AS CHAPLAINS under paragraph (1)(B) or (2), the Secretary time for the two leaders be reserved, IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., determines that all the amounts so appro- SECTIONS 531 AND 3064: priated are not allotted or otherwise made and the Senate then resume consider- To be colonel ation of H.R. 3058, the Transportation- available to States, such remaining amounts GARY L. GROSS, 0000 Treasury appropriations bill. shall be allotted and made available under To be lieutenant colonel subsection (b) among States receiving grants The PRESIDING OFFICER. Without under subsection (b) for the fiscal year based NEAL J. BUCKON, 0000 objection, it is so ordered. MICHAEL J. CERRONE, 0000 upon the allotment formula specified in such f FRANK R. SPENCER, 0000 subsection. VALERIE B. STJOHN, 0000 ‘‘(5) NO ENTITLEMENT.—Nothing in this sec- GARY R. STUDNIEWSKI, 0000 PROGRAM AVI S. WEIS, 0000 tion shall be construed as providing a State with an entitlement to a grant under this Mr. MCCONNELL. Mr. President, we To be major section. have made substantial progress on the MARK N. AWDYKOWYZ, 0000 ‘‘(e) APPLICATIONS.—To be eligible for a bill today. Tomorrow morning, when RICHARD J. BENDORF, 0000 JAMES R. BOULWARE, 0000 grant under this section, a State shall sub- we return to the bill, we have several GARY W. BRAGG, 0000 mit to the Secretary an application at such Senators prepared to offer amend- JOEY T. BYRD, 0000 time, in such manner, and containing such JOHN L. CONGDON, 0000 information as the Secretary may require. ments. I hope that we can debate and DOUGLAS C. FENTON, 0000 vote on those amendments with rea- MICHAEL L. FRAILEY, 0000 ‘‘(f) ANNUAL REPORT.—The Secretary shall RICHARD P. GRAVES, 0000 submit to Congress an annual report on sonable time agreements. There is a DAVID S. HARSDORF, 0000 grants provided under this section. Each chance we can finish this bill tomorrow JOSE G. HERRERA, 0000 TIMOTHY L. HUBBS, 0000 such report shall include information on the night, and the majority leader has indi- CARLOS C. HUERTA, 0000 distribution of such grants among States and cated that if we wrap up the Transpor- PAUL K. HURLEY, 0000 the use of grant funds by States. DANIEL C. HUSSEY, 0000 tation-Treasury bill tomorrow evening, JERALD P. JACOBS, 0000 ‘‘(g) DEFINITIONS.—In this section: we will not be voting on Friday. If we STEVEN R. JERLES, 0000 ‘‘(1) QUALIFIED HIGH RISK POOL.— EDWARD D. NORTHROP, 0000 ‘‘(A) IN GENERAL.—The term ‘qualified high are able to do that, he will move on JAMES E. ONEAL, 0000 Friday to another bill, and we will not MATTHEW P. PAWLIKOWSKI, 0000 risk pool’ has the meaning given such term PEKOLA F. ROBERTS, 0000 in section 2744(c)(2), except that a State may be having votes that day. Hopefully, ADGER S. TURNER, 0000

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CONGRATULATING CURT AND declared ‘Perry Campbell Day!’ by the City of tural Service. Dale also worked as a staff di- JUDY WIGGINS FOR WINNING Hope. rector for the U.S. Senate Committee on Agri- THE MERITORIOUS SERVICE Some of my earliest and fondest memories culture, Nutrition and Forestry. AWARD growing up just outside of Hope are going to Prior to service in the U.S. Senate and Perry’s truck stop for dinner on Saturday USDA, Dale spent more than a decade work- HON. ROBERT W. NEY nights with my parents. It was a genuine ing with the American Farm Bureau Federa- tion and the Michigan Farm Bureau. His ca- OF OHIO weekend treat. Back then, and up until a few reer in agriculture began as a farmer in Michi- IN THE HOUSE OF REPRESENTATIVES months before Perry’s death, part of the dining experience was seeing Perry at Western gan’s Genesee County. His degree in animal Wednesday, October 19, 2005 Sizzlin’ as he would always make it a point to husbandry was earned at Michigan State Uni- Mr. NEY. Mr. Speaker: visit your table to ensure you were pleased versity. Whereas, Curt and Judy Wiggins have, with your meal. Perry understood the impor- Dale’s service at USDA Rural Development without thought of reward, given of themselves tance of the personal touch in the restaurant has proven to be a shining capstone for a ca- to help the citizens of Jackson County on business. reer focused on the very mission the agency countless occasions; and For many people, Perry was the embodi- embodies: supporting increased economic op- Whereas, Curt and Judy Wiggins have ment of the hospitality industry. Perhaps his portunity and improved quality of life for rural worked tirelessly with the American Cancer most shining moment was when Perry was in- American citizens. Across Michigan’s counties Society—Jackson County Unit; and ducted into the Arkansas Hospitality Associa- and communities, his legacy will be realized Whereas, Curt and Judy Wiggins have dedi- tion Hall of Fame in 1996, after serving on the long into the future. I am pleased to have cated themselves to Jackson County through Arkansas Lodging Association Board and as worked with Dale, to call him friend, and to organizations too numerous to name here and its President from 1993–1994. He also re- share his story with my Congressional col- through their work have uplifted all those ceived the Golden Key Award in 1995. leagues. whom they have come in contact. Perry was an exceptionally driven man with Mr. Speaker, I ask my colleagues to join me Therefore, I join with family, friends and the an entrepreneurial spirit second to none. He in honoring this very special person, Dale entire 18th Congressional District of Ohio in had an extraordinarily generous spirit, but Sherwin, a citizen and leader who is truly de- congratulating Curt and Judy Wiggins for win- never desired public recognition for his many serving of our respect and admiration. ning this prestigious award. contributions to the community. My heartfelt f f condolences go out to Perry’s family, business HONORING DEPUTY ANTHONY associates, and the many people who join me IN LASTING MEMORY OF PERRY ROBERT III in counting him as a friend. I have lost a true CAMPBELL friend and will miss him, but his legacy will live HON. CHARLES W. BOUSTANY, JR. on in Perrytown, Hope, and Arkansas for gen- HON. MIKE ROSS OF LOUISIANA erations to come. IN THE HOUSE OF REPRESENTATIVES OF ARKANSAS f IN THE HOUSE OF REPRESENTATIVES Wednesday, October 19, 2005 PAYING TRIBUTE TO DALE Wednesday, October 19, 2005 Mr. BOUSTANY. Mr. Speaker, I rise today SHERWIN OF LANSING, MICHIGAN to recognize the great achievements of Deputy Mr. ROSS. Mr. Speaker, I rise today to Anthony Robert III, of Opelousas, Louisiana. honor the memory of a close personal friend HON. MIKE ROGERS In addition to his distinguished service as a of mine, Perry Campbell, the most prominent OF MICHIGAN Deputy Sheriff in Baton Rouge, Louisiana, figure in the hospitality business in Hope, Ar- IN THE HOUSE OF REPRESENTATIVES Deputy Robert has also displayed an extraor- kansas for more than 50 years. He passed dinary athletic talent in track and field competi- Wednesday, October 19, 2005 away on October 10, 2005 at a Texarkana tion. hospital at the age of 77. Mr. ROGERS of Michigan. Mr. Speaker, I At the 2005 Louisiana Police and Fire Sum- Perry led a life committed to public service. rise to honor the accomplishments of Dale mer Games in Lafayette, Louisiana, Deputy He was the namesake, a founding member, Sherwin of Lansing, Michigan, who is retiring Robert won three gold medals in the 100 and eventually the mayor of Perrytown. He this month as the Michigan State Director for meter dash, 200 meter dash, and javelin; as was founding member of Providence Memorial U.S. Department of Agriculture Rural Develop- well as two silver medals in the shot put and Baptist Church in Perrytown, a member of the ment. the discus. His success continued this June Board of Directors of Hope-Hempstead County Dale Sherwin has dedicated his career to during the Southeastern Police and Fire Chamber of Commerce and its 1994 Citizen of improving the quality of life for America Championships, which took place in Bir- the Year, one of the founders of Hempstead through its agricultural community and the citi- mingham, Alabama. There, Deputy Robert County Ambulance Service and Perrytown zens who work to feed America and the world. won a total of five gold medals in the following Volunteer Fire Department. He also served on Prior to starting his successful service with events: 100 meter dash, 200 meter dash, 400 the Life Word Board and the Clinton Birthplace USDA Rural Development in April 2003, Dale meter dash, 4 x 100 meter relay, and the 110 Foundation Board. worked six years for the Michigan Department meter hurdles. A successful entrepreneur, Perry began his of Agriculture, serving as director of agriculture Additionally, at the recent World Police and business career as the proprietor of a single policy and guiding policy on National Associa- Fire Games, which took place this past sum- truck stop and eventually became the owner tion of State Departments of Agriculture mer in Quebec, Canada, Deputy Robert was of Western Sizzlin’ Restaurant, Dos Locos issues. awarded the bronze medal in the 110 meter Gringos Restaurant, Best Western Motel and During the administrations of Presidents high hurdles as well as a ranking of 4th in the a Holiday Inn Express in Hope. Perry under- Nixon and Ford, Dale served in the U.S. De- world in the 400 meter hurdles. stood more than most the importance of partment of Agriculture: as chief legislative liai- I applaud Deputy Robert’s achievements, changing with the times and his adaptability son to former Secretary Earl Butz; Deputy As- not only as a dedicated law enforcement offi- placed him in a league of his own. Western sistant Secretary for International Affairs and cer, but also as a great representative of the Sizzlin’ Restaurant recently celebrated its 20th Commodity Programs; and as assistant direc- citizens of Louisiana on the field of competi- anniversary on Perry’s 77th birthday, a day tor of legislative affairs for the Foreign Agricul- tion.

● 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 Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23246 EXTENSIONS OF REMARKS October 19, 2005 CONGRATULATING THE JACKSON nest Duncan of Pilot Point, Texas. Mr. Dun- oring and congratulating Kyle Jones for his HIGH SCHOOL BAND FOR WIN- can’s zealous and passionate spirit towards outstanding accomplishment. NING THE COMMUNITY PRIDE community service warrants recognition. f AWARD As a 90 year old gentleman, Mr. Duncan dedicates much of his time to those in need, WORLD FOOD PRIZE DAY HON. ROBERT W. NEY whether near or far away. Since the tragic OF OHIO event of Hurricane Rita, Mr. Duncan has vol- HON. MARTIN OLAV SABO IN THE HOUSE OF REPRESENTATIVES untarily made two trips to Beaumont, Texas to OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES Wednesday, October 19, 2005 help the victims. He and others from the Southern Baptist Disaster Relief helped the ef- Wednesday, October 19, 2005 Mr. NEY. Mr. Speaker: fort by serving food, cooking and picking up Whereas, the Jackson High School Band, Mr. SABO. Mr. Speaker, as people around trash for twelve hours everyday. During their with nearly 200 members, has for many years the globe observe World Food Prize Day, I am first four-day tour in Beaumont, Mr. Duncan been the pride of Jackson County when they honored to recognize Norman E. Borlaug, a and his colleagues slept on cots and func- perform; and man who worked wonders to boost agricultural Whereas, the Jackson High School Band tioned without electricity or water. production and helped reverse widespread represented Jackson in front of an inter- In addition to his recent involvement in the hunger in many countries. national audience in Orlando, Florida and per- Hurricane Rita relief effort, Mr. Duncan is a A former University of Minnesota instructor, formed exceptionally; and committed volunteer for the Texas Baptist Borlaug is also an alumnus, having earned his Whereas, Band Director Dick Berry had for Men’s bricking crew, which travels across the bachelor’s, master’s and Ph.D. there. Borlaug 36 years helped to shape boys and girls into country building churches. This effort helps grew up on a farm, and became impassioned young men and women for the betterment of minimize costs for churches and allows them about the prospect of combating a wheat dis- Jackson High School and Jackson County. to use their money towards other expenses ease called rust late into his studies for his Therefore, I join with family, friends and the and community projects. bachelor’s degree. After 10 years of research, entire 18th Congressional District of Ohio in Mr. Speaker, It is with great honor that I Borlaug developed a semidwarf variety of congratulating the Jackson High School Band stand here today to recognize Mr. Ernest Dun- wheat that resisted rust and other diseases, for winning this prestigious award. can, who has dedicated his time to community was insensitive to light so that it could grow in f service, and who has reached out to assist a variety of climates, and was short and stalky those outside the North Texas area. Mr. Dun- enough to be heavily fertilized. IN LASTING MEMORY OF JUDGE can’s admirable commitment to helping others PAUL X. WILLIAMS, JR. In time, he would become known as the Fa- is an inspiration to all generations. ther of the Green Revolution. f By taking his wheat variety to Mexico in HON. MIKE ROSS 1944, the country became self-sufficient in PERSONAL EXPLANATION OF ARKANSAS wheat production by 1956. By 1963, more IN THE HOUSE OF REPRESENTATIVES than 95% of Mexico’s wheat lands grew Wednesday, October 19, 2005 HON. JIM GIBBONS Borlaug’s variety. Mr. ROSS. Mr. Speaker, I rise today to OF NEVADA He took his success to other countries, no- honor the memory of Judge Paul X. Williams, IN THE HOUSE OF REPRESENTATIVES tably India and Pakistan, reversing food short- Jr. Judge Williams passed away after a tragic Wednesday, October 19, 2005 ages and helping to feed millions of people. struggle with cancer on October 3, 2005 in He went on to train agronomists from every Booneville, Arkansas at the age of 67. Mr. GIBBONS. Mr. Speaker, I rise today to part of the world. After graduating from the University of Ar- explain how I would have voted on October Borlaug was often warned that small farm- kansas Law School, Judge Williams moved to 17, 2005 during Roll Call votes #521, #522, ers would never accept new technology. But Booneville and carried on the legacy of his fa- and #523 during the first session of the 109th he did not accept that judgment and worked ther, dedicating his life to the law. Shortly after Congress. The first vote was for approving the tirelessly in the fields to earn trust, make moving to Booneville, he was appointed Dep- Journal, the second was H. Res. 457—Recog- doubters into believers, and change agri- uty Prosecuting Attorney for South Logan nizing the importance and positive contribu- culture practices. County. In 1975, he was elected to his first of tions of chemistry and supporting the goals Borlaug also clearly understood that small two terms as the Prosecuting Attorney for the and ideals of National Chemistry Week, and peasant farmers needed more than improved 15th Judicial District. the third was H. Res. 491—Expressing the farming production to be successful. Helpful In 1979, Judge Williams was named the sense of the House with respect to raising economic policy had to exist to support the City Attorney of Booneville and continued to awareness and enhancing the state of com- new technology, make the needed products serve in this capacity until 1990, when he was puter security in the United States, and sup- available, and ensure fair grain prices. He has elected to the District Bench, a post he served porting the goals and ideals of National Cyber focused much time and energy to improve until his death. Security Awareness Month. food distribution within countries, as well. Judge Williams was a member of the First If present, I would have voted yes on these ‘‘If you don’t do anything, you’ll never have Baptist Church in Booneville, and well known roll call votes. critics,’’ Borlaug was known to have said. Al- throughout the community as a man deeply f though people questioned his technology or dedicated to his family, an avid golfer, and a criticized it, it is believed that he saved more terrific chef. RECOGNIZING KYLE JONES lives than any other person who has ever My condolences go out to his wife, Dottie; lived. He has also been called a ‘‘peaceful their daughters Jane, Charlotte and Natalie; HON. ROBERT W. NEY revolutionary’’ and a ‘‘consultant to govern- his mother Elizabeth; his two sisters, two OF OHIO ments of every political ideology.’’ brothers and his grandson, Rane. Judge Wil- IN THE HOUSE OF REPRESENTATIVES Borlaug won the esteemed Nobel Peace liams will be deeply missed in Logan County Prize in 1970. In 2002, he received the Na- Wednesday, October 19, 2005 and throughout Arkansas. tional Academy of Science’s highest honor, f Mr. NEY. Mr. Speaker: the Public Welfare Medal, for his work to fight HONORING ERNEST DUNCAN Whereas, Kyle Jones has achieved the rank hunger. He is the recipient of more than 49 of Eagle Scout; and honorary doctoral degree and many scientific HON. MICHAEL C. BURGESS Whereas, Kyle Jones shall be recognized as and civic awards from around the globe. Be- the first Eagle Scout in the Barnesville Boy cause there was no similar award recognizing OF TEXAS Scout Troop 71; and advancement in food production, Borlaug IN THE HOUSE OF REPRESENTATIVES Whereas, Kyle Jones should be com- helped found the World Food Prize, celebrated Wednesday, October 19, 2005 mended for his dedication and perseverance. yearly in October. Mr. BURGESS. Mr. Speaker, I rise today to Therefore, I join with the residents of the en- Mr. Speaker, as my home state celebrates honor the service and commitment of Mr. Er- tire 18th Congressional District of Ohio in hon- Norman Borlaug Day and World Food Prize

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 EXTENSIONS OF REMARKS 23247 Day on October 16, I wish to extend my most RECOGNIZING SUE MAXWELL accomplished musicians and fans alike con- humble gratitude and congratulations to this tinue to hold the Grand Ole Opry in the high- tireless and dedicated public servant. Norman HON. ROBERT W. NEY est esteem among America’s musical tradi- Borlaug saw an opportunity to better lives, and OF OHIO tions. he fought for it. He has spent a lifetime work- IN THE HOUSE OF REPRESENTATIVES While the Opry has always stayed true to ing to help countries adapt practices and poli- the musical roots upon which it was founded, cies to help them feed their people. Wednesday, October 19, 2005 it continues to evolve with the latest country Thank you, Norman Borlaug. This nation— Mr. NEY. Mr. Speaker: sounds. The Grand Ole Opry’s elite member- and many nations—thank you. Whereas, Sue Maxwell has been named as ship now includes accomplished artists like the 2005 Vinton County Southeastern Ohio Martina McBride, Garth Brooks, Alan Jackson, f Regional Council Person of the Year; and Vince Gill, Brad Paisley, Patty Loveless, and Whereas, Sue Maxwell has been acknowl- Dierks Bentley who continue to entertain fans TRIBUTE TO THE MASSEY edged for her success in operating on the same oak wood stage every week. AGENCY—30TH ANNIVERSARY Ravenwood Castle; and In its 80 years, the Grand Ole Opry has Whereas, Sue Maxwell should be com- come to mean something more than a weekly mended for her business savvy and her dedi- country show. In addition to extending Nash- HON. DONALD M. PAYNE cation to Hocking Hills and Vinton County. ville and America’s musical traditions through- Therefore, I join with the residents of the en- out the country and world, it is a way to con- OF NEW JERSEY tire 18th Congressional District of Ohio in hon- nect with and pay tribute to America’s musical IN THE HOUSE OF REPRESENTATIVES oring and congratulating Sue Maxwell for her influences and heritage. I ask my colleagues outstanding accomplishment. to join me in recognizing the importance of Wednesday, October 19, 2005 f this beloved American musical institution and to celebrate the 80th anniversary of the Grand Mr. PAYNE. Mr. Speaker, I ask my col- THE 80TH ANNIVERSARY OF THE Ole Opry. leagues here in the House of Representatives GRAND OLE OPRY, NASHVILLE, TN f to join me as I rise to acknowledge the Massey Agency as this Newark firm cele- HON. JIM COOPER CONGRATULATING IRON CITY PIPE brates its 30th anniversary. With Emma and OF TENNESSEE AND SUPPLY FOR WINNING THE Ramelle Massey at the helm of this woman/ ENTREPRENEUR OF THE YEAR IN THE HOUSE OF REPRESENTATIVES minority-owned insurance and brokerage firm, AWARD they offer services that are important to resi- Wednesday, October 19, 2005 dents and businesses in the area. Mr. COOPER. Mr. Speaker, I rise today to HON. ROBERT W. NEY Fortunately, for the City of Newark, the recognize the 80th anniversary of the Grand OF OHIO Ole Opry in Nashville, TN. As one of the most Massey Agency has always been committed IN THE HOUSE OF REPRESENTATIVES to the needs of the community. Beginning with renowned traditions in American music and Wednesday, October 19, 2005 the late Raymond J. Massey who opened the broadcasting, the Grand Ole Opry continues to agency’s doors and continuing with his wife, entertain and delight music lovers around the Mr. NEY. Mr. Speaker: Emma and daughter, Ramelle, the Massey globe every week. Broadcast live from the Whereas, owners Ray Brewer, Rick Smith Agency has been providing job opportunities Opry stage every Friday and Saturday night, and Eric Massie in true entrepreneurial spirit and internship programs for local residents. In the Grand Ole Opry is the Nation’s longest- recognized a market opening in southern Ohio addition to the employment opportunities the running radio show and the beloved home of and capitalized on it; and Massey Agency has offered, they have also our Nation’s most celebrated music. Whereas, Iron City Pipe and Supply has contributed financially to local community or- The show’s original host, George D. Hay, in- been able to adapt and grow and now serves ganizations which have assisted many young troduced the first performance in 1925: 77- the needs of businesses in a tri-state area; people and programs to achieve success for year-old Uncle Jimmy Thompson, who could and themselves and others in the community. ‘‘fiddle the taters off the vine,’’ played ‘‘Ten- Whereas, Iron City Pipe and Supply is look- Along the way, the agency has earned a nessee Waggoner.’’ Since then its audience ing forward to continued growth and diver- standing as one of the predominant Minority has grown from a group of local Nashville lis- sification to further benefit the Jackson area. Business Enterprise/Women’s Business Enter- teners to the millions of music fans who tune Therefore, I join with family, friends and the prise in the Northeast. The agency has also in through satellite radio, television, and the entire 18th Congressional District of Ohio in received proclamations from the Mayor of internet. congratulating Iron City Pipe and Supply for Newark and the Independent Insurance The Ryman Auditorium’s original well-worn winning this prestigious award. Agents of New Jersey, which recognized the oak wood Opry stage has moved with the f agency’s longevity, dedication to the City of show’s changing venues through the years BETTY LEE STRECKFUSS, DELE- Newark and the quality of its insurance prod- and has hosted some of America’s most leg- GATE TO THE 2005 WHITE HOUSE ucts and services. endary country musicians—Patsy Cline, Roy Acuff, the Carter Family, Willie Nelson, Loretta CONFERENCE ON AGING Educated in some of the finest schools and Lynn, Johnny Cash, Dolly Parton, and Bill universities, the Massey women are true pro- Monroe. For many generations of Americans, HON. TED POE fessionals and exemplary role models. They Minnie Pearl’s cheerful shout of ‘‘How-dee! I’m are both multiple licensed insurance brokers OF TEXAS just so proud to be here!’’ will forever signify IN THE HOUSE OF REPRESENTATIVES offering a wide array of services. One of their the start of another memorable and captivating goals is to expand their reach beyond the Grand Ole Opry show. Wednesday, October 19, 2005 local community. With the tenacity, energy, in- My own personal connection to the Grand Mr. POE. Mr. Speaker, during the second telligence and willpower of Emma and Ole Opry began when I met the legendary week of December, the 2005 White House Ramelle, there is no doubt they will meet this Opry duo Earl Scruggs and Lester Flatt during Conference on Aging will take place in Wash- self imposed challenge. my father’s 1950s political campaigns through- ington, D.C. This is a once in a decade event Mr. Speaker, I know my colleagues agree out Tennessee. Like so many others, I tuned where delegates from across the United that the Massey Agency and the Newark com- in every week to listen to the gifted musician- States gather to make policy recommenda- munity have every right to be proud of the ship of the performers. And in a visit I shared tions to the President and Congress on issues lasting contributions the agency has made to with Earl Scruggs not too long ago, he told me of importance to aging generations. the Greater Newark Community. I am pleased that growing up in Shelby, North Carolina, he I had the privilege of nominating Betty Lee to congratulate Emma and Ramelle Massey would walk across the hollow to a neighbor’s Streckfuss, RN, as a delegate to the 2005 along with their employees on their 30th anni- house just to listen to the show every week White House Conference on Aging, and I am versary. because his family didn’t have a radio. Both proud to say that she will be in attendance as

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23248 EXTENSIONS OF REMARKS October 19, 2005 the delegate from the Second Congressional TRIBUTE TO THE PEOPLE OF THE CONGRATULATING RANDY EVANS District of Texas. REPUBLIC OF AZERBAIJAN AND RANDY EVANS CONSTRUC- Betty has a long and distinguished back- TION FOR WINNING THE SEORC BUSINESS OF THE YEAR AWARD ground in healthcare. A former Head Nurse of HON. SOLOMON P. ORTIZ the Acute Care Pediatric Unit at Ben Taub OF TEXAS Hospital in Houston, TX, Betty is currently IN THE HOUSE OF REPRESENTATIVES HON. ROBERT W. NEY OF OHIO serving as founder and associate partner of Wednesday, October 19, 2005 Streckfuss and Associates, a Texas based IN THE HOUSE OF REPRESENTATIVES medical consulting endeavor specializing in Mr. ORTIZ. Mr. Speaker, I rise today to offer Wednesday, October 19, 2005 my sincere congratulations to the people of clinical policies, procedures and regulatory Mr. NEY. Mr. Speaker: the Republic of Azerbaijan as they celebrate issues. She is also secretary of the Houston/ Whereas, Randy Evans, with effort and de- the 14th anniversary of their Independence Harris County Area Agency on Aging Advisory sire, started Randy Evans Construction and from the Soviet Union. On October 18, 1991, Council and a member of the Texas Silver has made it a significant competitor in the Azerbaijan adopted its Constitutional Act on Haired Legislature. Jackson area construction business; and Independence declaring their independence as I commend Betty’s commitment to Whereas, Randy Evans and Randy Evans a sovereign state. Construction have helped shape the Jackson healthcare. I have no doubt that her experi- Having lived under Soviet rule, the people of ence, insight, and sincere desire to advocate area community; and Azerbaijan have a great appreciation of living Whereas, Randy Evans’ commitment to per- on behalf of our aging Americans will serve in a democratic civil society and understand fection, perseverance and fortitude are an in- our community well at the 2005 White House that they need to continue to democratize and spiration to everyone in Jackson County and Conference on Aging. hold free and fair elections in order to develop beyond. and integrate into western structures. Therefore, I join with family, friends and the f On November 6, 2005, Azerbaijan will hold entire 18th Congressional District of Ohio in important parliamentary elections. As a sign of congratulating Randy Evans and Randy Evans A TRIBUTE TO REAR ADMIRAL his commitment to ensuring free and fair elec- Construction for winning this prestigious KATHLEEN K. PAIGE tions, President Ilham Aliyev issued an Execu- award. tive Order earlier this year outlining important f steps that will be taken prior to the election. HON. JERRY LEWIS Since then great progress has been made to: THE DISTRICT OF COLUMBIA OF CALIFORNIA allow all political parties to organize rallies free COURT, OFFENDER SUPER- from violence and intimidation, welcome do- VISION, PAROLE AND PUBLIC IN THE HOUSE OF REPRESENTATIVES mestic and international election observers, DEFENDER EMPLOYEES EQUITY ACT OF 2005 Wednesday, October 19, 2005 provide appropriate access to media, and ensure central and regional authorities create the Mr. LEWIS of California. Mr. Speaker, I necessary conditions for exit polls. HON. ELEANOR HOLMES NORTON come to the floor today to recognize the serv- Azerbaijan has come forward as a strong OF THE DISTRICT OF COLUMBIA ice of an outstanding leader in our Nation’s strategic partner and ally not only to the IN THE HOUSE OF REPRESENTATIVES Armed Forces. After more than 34 years in United States but also among the democratic Wednesday, October 19, 2005 uniform, Rear Admiral Kathleen K. Paige will societies in our world. I congratulate Azer- Ms. NORTON. Mr. Speaker, today Chair- soon retire from the United States Navy and baijan on this important day and look forward man TOM DAVIS and I introduce a bill that will move on to private life. to them having free and fair elections next month. correct a long overdue oversight affecting the Admiral Paige’s sustained, superb service non-judicial employees of the D.C. Courts, the culminated in a series of highly challenging f Court Services and Offender Supervision senior assignments where she demonstrated Agency (CSOSA), and the D.C. Public De- dedication to one primary goal: providing high- IN RECOGNITION OF FORMER TAI- fender Service (PDS). ly effective military capabilities to warfighters. WANESE PRESIDENT LEE TENG- Under the 1997 National Capital Revitaliza- HUI Her first Flag assignment was as Com- tion and Self-Government Improvement Act of mander, Naval Surface Warfare Center in July 1997, the federal government took over the 1996. Two years later, she assumed duties as HON. HILDA L. SOLIS operation of the District of Columbia Courts Director, Theater Air and Missile Defense and OF CALIFORNIA and related services making the non-judicial Systems Engineering in the Program Execu- IN THE HOUSE OF REPRESENTATIVES employees of the D.C. Courts and the employees of CSOSA federal employees. In 1998, tive Office for Theater Surface Combatants. Wednesday, October 19, 2005 Then, in April 1999, she was given the addi- employees of PDS were similarly transferred tional concurrent assignment as the first As- Ms. SOLIS. Mr. Speaker, I rise today to wel- as part of the District of Columbia Courts and come former Taiwanese President Lee Teng- sistant Secretary of the Navy (Research, De- Justice Technical Collections Act. As federal Hui to Washington, DC. velopment & Acquisition) Chief Engineer—the employees, these Court, CSOSA and PDS President Lee Teng-Hui is truly a founding Navy’s senior technical authority for develop- employees were brought under the federal re- father of democracy. As president of Taiwan ment of system and technical architectures. tirement program (FERS). However, for the from 1988 to 2000, Mr. Lee Teng-Hui helped Because of her extraordinary talent and exper- employees transferred in 1997 and in 1998, Taiwan develop into the strong democracy it is tise in complex systems, in July 2001, the Mis- ‘‘creditable service’’ for the purposes of deter- today. Today, Taiwan is a vital, growing de- mining when they would be eligible to retire sile Defense Agency selected her to be the mocracy committed to the universal principles and the amount of annuity they would be enti- first Ballistic Missile Defense System Tech- of human freedom and dignity. I am certain tled to under FERS only began from the date nical Director in charge of integrating the engi- that President Lee Teng-Hui’s visits to the Lib- of the transfer. That is, the 1997 and 1998 neering development of all the systems com- erty Bell and Independence Hall and his view- laws made no provision for treating their year prising the missile defense program. ing of the United States Constitution and the of service as Court and related services em- Since August 2002, Admiral Paige has also Declaration of Independence has only deep- ployees prior to these laws as creditable serv- served as the Navy’s senior Engineering Duty ened his appreciation of America’s struggle for ice for retirement. Officer—nurturing the engineering commu- democracy. Accordingly, the bill we introduced today will nity’s rich heritage of scientific fact-finding and It is my hope that one day there will be amend these laws to require that the time integrated, top-down engineering to ensure open dialogue between high level officials in served by these employees before 1997 will continuous innovation. At the same time, she the United States and in Taiwan for the devel- count towards their overall federal retirement made certain that the Navy remained an- opment of democracy beyond our two coun- eligibility as ‘‘creditable service’’. So for exam- chored to fundamental operational realities. tries and around the world. ple, if an employee is 60 years old today and

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As of ‘‘double dipping,’’ since the employees are OF OHIO still entitled to their D.C. retirement benefits the April 2004 report issued by the Pentagon IN THE HOUSE OF REPRESENTATIVES (based upon their work status up until 1997), states, among other findings, current DoD poli- Wednesday, October 19, 2005 our bill does not count the pre-1997 years cies and standards do not focus on sexual as- spent as D.C. government employees towards sault and ‘‘the military services’ policies lack Mr. NEY. Mr. Speaker: Whereas, Keith and Lynn Denny have built the amount of federal retirement annuity an integration for effective prevention and re- one of the premier gift shops in Jackson employee is eligible to receive. sponse.’’ However, it is only fair and just that the County; and Court and related services employees who This legislation will help bring justice to the Whereas, Bear Village has grown to be a started their jobs with the expectation that victims and survivors of sexual assault by en- impeccable illustration of what Jackson County would be able to retire without penalty after 20 suring that DNA evidence is used to identify has to offer and what great potential the com- years of service or more should be allowed to perpetrators and bring them to justice. Addi- munity has; and do so. Our bill today does just that, it restores tionally, it will provide servicemembers who Whereas, Keith and Lynn Denny’s vision has added greatly to the beauty of Jackson their ‘‘lost time.’’ are raped with the necessary medical care. County and is further enhancing the f As our soldiers are fighting for those who attractiveness of Water Street. PERSONAL EXPLANATION have long been denied basic rights, we should Therefore, I join with family, friends and the do everything possible to ensure that we are entire 18th Congressional District of Ohio in HON. EARL BLUMENAUER protecting their rights, too. congratulating Bear Village and Keith and Lynn Denny for winning this prestigious award. OF OREGON f f IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE DISTINGUISHED Wednesday, October 19, 2005 HONORING CLARENCE S. HAINES SERVICE OF CHARLES W. PERKINS Mr. BLUMENAUER. Mr. Speaker, had I been present for the following votes on Mon- day, October 17th, I would have voted as fol- HON. DALE E. KILDEE HON. DARRELL E. ISSA OF CALIFORNIA lows: OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Rollcall vote No. 521: I would have voted ‘‘aye’’ on approving the Journal. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 19, 2005 Rollcall vote No. 522: I would have voted Wednesday, October 19, 2005 Mr. ISSA. Mr. Speaker, I rise today to honor ‘‘aye’’ on H. Res. 457, recognizing the impor- Firefighter Charles W. ‘‘Chuck’’ Perkins for his tance and positive contributions of chemistry Mr. KILDEE. Mr. Speaker, I rise before you twenty-three years of dedicated service to the to our everyday lives and supporting the goals today on behalf of C.S. Mott Community Col- North County Fire Protection District and his and ideas of National Chemistry Week. lege located in my hometown of Flint, Michi- commitment to serving his community. Rollcall vote No. 523: I would have voted gan. On October 24, members of Mott’s ad- Chuck Perkins and his fellow firefighters ‘‘aye’’ on H. Res. 491, expressing the sense of ministration, faculty, staff, and student body from the North County Fire Protection District the House of Representatives with respect to have served the Fallbrook, Bonsall and Rain- will gather to pay tribute to the contributions raising awareness and enhancing the state of bow areas with honor since the district was computer security in the United States and made by Clarence S. Haines, a true pioneer in chartered in 1925. Classified an ‘‘all-risk’’ fire, supporting the goals and ideas of National the fields of Applied Sciences and Technical rescue and hazard mitigation agency, it serves Cyber Security Awareness Month. Education at the college. Mr. Haines, who died over 150 square miles in the northern-most f in 1995, will be honored with a plaque hon- portion of San Diego County. oring his life and legacy, to be displayed in Chuck Perkins’ service to his community INTRODUCTION OF ‘‘PREVENTING Mott’s Regional Technology Center. began in 1982, as a Reserve Firefighter. On SEXUAL ASSAULTS IN THE MILI- July 20, 1987, he was hired as a full-time Fire/ Born in 1905, Clarence ‘‘Mike’’ Haines was TARY ACT OF 2005’’ EMS Dispatcher. His hard work and dedication the first chairman of Mott Community Col- were recognized on April 5, 1988, when he HON. CAROLYN B. MALONEY lege’s Trades and Industry Department. In was hired as a full-time Firefighter. His con- OF NEW YORK 1955, he was awarded the Ballenger Chair of tributions to the agency led to his promotion to IN THE HOUSE OF REPRESENTATIVES Learning in that area. He created specialized the rank of Engineer on March 15, 1999. curricula that helped usher the school into the Engineer Perkins was actively involved in Wednesday, October 19, 2005 technology age, and facilitated the planning, fire, rescue, emergency services and fire pre- Mrs. MALONEY. Mr. Speaker, today, I intro- coordination, and implementation of these pro- vention programs. He managed the Engine duce legislation, the ‘‘Preventing Sexual As- grams. Clarence also assisted with designing Company’s Fire Inspection Program for over saults in the Military Act of 2005,’’ which would the school’s Mott and Gorman Buildings to ten years. The Fire Inspection Program, along appropriate such funds as are necessary for simulate workplace environments and provide with Engineer Perkins’ skilled management re- fiscal years 2006 through 2008 to eliminate sulted in a significant reduction in fire loss to practical experiences for students. Mott’s Ap- the backlog in processing DNA evidence, to the business community of the greater ensure that testing takes place in a timely plied Sciences program was created largely as Fallbrook, Bonsall and Rainbow areas. manner, to provide an adequate supply of fo- a result of his influence. Engineer Perkins is regarded as a humble rensic evidence collection kits at all domestic Mr. Speaker, as a former teacher, I applaud and generous man by his fellow San Diegans. and overseas U.S. military installations, mili- Clarence Haines’ dedication and commitment His involvement in the community is not lim- tary academies, and theaters of operation, and to education. His insight and vision have ited to his work as an Engineer in the North to ensure that at least one military medical helped create many opportunities for our County Fire Protection District. For the last fif- personnel member, who is trained as a Sexual young people, past, present, and future. I ask teen years, Engineer Perkins has volunteered Assault Nurse Examiner (SANE) or Sexual As- his time as a leader in the district’s public edu- my colleagues in the 109th Congress to sault Forensic Examiner (SAFE), is on duty at cation efforts. He demonstrated his passion for all times in the health care facility at a military please join me in acknowledging his memo- fire prevention and safety education by por- academy, domestic military base, overseas rable achievements. traying ‘‘Smokey the Bear,’’ performing for

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Mr. Speaker, today I Wednesday, October 19, 2005 want to congratulate the people of Taiwan on as ‘‘Evil Mr. Smoke.’’ Mr. KUCINICH. Mr. Speaker, I would like to the occasion of their National Day. Engineer Chuck Perkins will retire from the submit the following statement for the North County Fire Protection District on Octo- Taiwan serves as a prosperous and demo- RECORD. ber 28, 2005, after more than 23 years of es- cratic model to countries around the world and ‘‘Will Record Profits spur investment in teemed service, though he will continue to re- I would like to personally congratulate Taiwan new domestic capacity?’’ That is the title of main a leader in fire safety education. Chuck for its dedication to democracy and the rule of this hearing. In a competitive market, the Perkins is due our respect and gratitude for law. Its 23 million people enjoy the privileges question would not be worth asking in Con- his tireless service and genuine commitment of a balanced judicial system, free speech, gress. There would be no doubt about the an- to his community now, and in the future. and fair elections. Its vibrant free market sys- swer. tem continues to thrive and supports a strong But the petroleum refining industry is not and healthy economy. Taiwan is a strong re- a competitive market. Ten companies con- f trol 80 percent of the refining capacity, and gional ally and a close friend of the United just 5 companies control half of the Nation’s CONGRATULATING DFW INTER- States and is committed to maintaining peace capacity all by themselves. NATIONAL AIRPORT FOR RE- and stability. Since 1981, the concentration of refining CEIVING ‘‘STAR OF ENERGY EF- To help us celebrate the momentous ac- capacity supply in fewer and fewer hands has FICIENCY’’ AWARD complishments of our friends in Taiwan, I urge increased. Mergers and acquisitions have fueled industry concentration. The result is my colleagues here in Congress to support astonishing: HON. MICHAEL C. BURGESS Taiwan’s bid to return to the United Nations. It Operable capacity stopped rising in 1981, as OF TEXAS is truly shameful that Taiwan has been denied it had for the previous 30 years. its proper international role and presence. Instead, it went into decline, before it IN THE HOUSE OF REPRESENTATIVES There is no better way to show our respect for plateauing. For the past 20 years, capacity Wednesday, October 19, 2005 Taiwan’s democratic ideals than to support its has been held relatively constant. Economics 101 teaches that rising demand Mr. BURGESS. Mr. Speaker, I rise today to bid to return to the international community. It is an objective fact that Taiwan is a free and meets constant supply at higher and higher congratulate the Dallas/Ft. Worth International prices. We can be confident that the industry Airport for receiving a ‘‘Star of Energy Effi- independent nation, and therefore meets all is familiar with that economics lesson, and ciency’’ Award from the Alliance to Save En- the criteria for admission to the United Na- they have profited handsomely as a result. ergy. DFW won the award for its aggressive tions. The question we should address is why pursuit and corporate commitment to the effi- I am confident Taiwan will continue to serve should the U.S. Government continue to per- cient and environmentally friendly use of en- as a model to its neighbors and I praise its mit an anti-competitive environment that ergy. commitment to democracy, the rule of law, enables a few companies to rein in supply and drive up record profits? Dallas/Ft. Worth International Airport cur- and regional stability. Congratulations Taiwan I am sure that we will hear from the indus- rently serves more than 59 million passengers on your National Day. try a lot about onerous environmental regu- and offers 2,300 flights a day to 152 domestic lations. They want the public to believe that and international destinations. DFW has faced f they would have built more refineries if only daunting challenges since 2001, including a they’d been allowed to do it. catastrophic business downturn in the airlines CONGRATULATING PAUL AND Not only is that not true, but it is a precipitated by terrorist attacks in New York, SHARON BOCZEK FOR WINNING smokescreen. The industry hasn’t tried but THE 2005 PEACEKEEPER’S AWARD once in 25 years to build a new refinery. Yet, Pennsylvania and Washington, DC, and the between 1994 and 2004, they closed 30 refin- Environmental Protection Agency’s introduc- eries. On balance, they have been closing re- tion of stringent national ambient clean air HON. ROBERT W. NEY fineries, not trying to open new ones. Closing ozone standards that require DFW to reduce refineries tightens supply, driving up prices its emissions by 70 percent. Throughout this OF OHIO when demand is rising. That is exactly what period, and long before, DFW officials have IN THE HOUSE OF REPRESENTATIVES has happened, and they’ve made record prof- campaigned aggressively to reduce operating its. expenses for all its tenants through reduced Wednesday, October 19, 2005 If there were no environmental regulations, the industry would have to invent energy use while adhering to new EPA guide- Mr. NEY. Mr. Speaker: them or something equivalent in order to lines. Whereas, Paul and Sharon Boczek have disguise a corporate strategy to hold down From building commissioning and energy selflessly given to support Peg’s House, the supply. That is the real issue and Americans retrofits, to more efficient building design and Tri-County Help Center’s emergency domestic are paying mightily for it. Since 2001, according to Public Citizen, the largest 5 oil adherence to strict energy codes, DFW has violence shelter; and reduced its energy use at the central plant by companies operating in the United States en- over one fourth, and is energy use per square Whereas, Paul and Sharon Boczek and joyed after-tax profits of $254 billion. There are things Congress can do. One foot by almost 40 percent. This has resulted in their staff have conducted themselves with professionalism in maintaining the confiden- would be to pass H.R. 2070, the Gas Price a total avoided energy use of 25 million Spike Act of 2005. This bill, which I intro- MMBtus. In addition, nitrous oxide emissions tiality of the shelter and managing the upkeep of Peg’s House; and duced with 39 cosponsors, would implement a are expected to be reduced by 86 percent, far windfall profit tax on gasoline and diesel. exceeding the EPA mandate. Whereas, Paul and Sharon Boczek pursue Such a tax would be imposed on key oil in- Mr. Speaker, it is with great honor that I this noble labor without expectation of thanks dustry profits above a reasonable rate of re- stand here today to congratulate Dallas/Ft. or reward, but out of the pure kindness of their turn. If oil companies are collecting exces- hearts. sive profits on the backs of consumers, they Worth International Airport, my home airport, should be subject to a stiff tax on those ex- for setting an unprecedented example as a Therefore, I join with family, friends and the cessive profits. The threat of heavy taxation world leader in energy and environmental entire 18th Congressional District of Ohio in will send a clear signal to oil companies that stewardship within the airline transportation in- congratulating Paul and Sharon Boczek for price gouging, and shorting supply, will not dustry. winning this prestigious award. pay.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 EXTENSIONS OF REMARKS 23251 In addition, H.R. 2070 will direct the rev- States to play an active role in international ef- CONGRATULATING CHIEF MARTIN enue from the windfall profits tax to Ameri- forts to bring peace to the Middle East and KENDZORA FOR WINNING THE cans who buy ultra efficient cars made in throughout the world. 2005 PEACEKEEPER’S AWARD America. These individuals would receive a Joe’s reputation as a hard-working legislator $6000 tax credit. The credit would be phased in, and cars that achieved 65 miles per gallon and an outspoken, progressive Democrat will HON. ROBERT W. NEY not be forgotten. I know many of my col- would receive a full tax credit. Today aver- OF OHIO leagues continue to rely on Joe’s guidance age cars get less than 30 miles per gallon. IN THE HOUSE OF REPRESENTATIVES This tax credit will stimulate the market in and advice and wish him well in his new en- ultra efficient vehicles. deavors. Wednesday, October 19, 2005 Lastly, the bill makes funding available to Mr. Speaker, on behalf of all of my col- Mr. NEY. Mr. Speaker: regional transit authorities to offset signifi- leagues here in Congress I again want to con- Whereas, Martin Kendzora and the St. cantly reduced mass transit fares during gratulate Joe Hoeffel on being recognized as Clairsville Police Department continue to as- times of gas price spikes. Providing low-cost Montgomery County’s Democrat of the Year. mass transit will slow demand for gas and sist the Tri-County Help Center combat do- ease the price of gasoline, benefiting all Although his service in Congress has come to mestic violence; and Americans. an end, I know Joe will continue to work on Whereas, Martin Kendzora supports the f behalf of the people of Montgomery County, Family Visitation Center and worked with the Pennsylvania, and our Nation for many years staff there to develop safety plans; and CONGRATULATING FORMER to come. Whereas, Martin Kendzora has been the CONGRESSMAN JOSEPH HOEFFEL f consummate professional in dealing with the CELEBRATING THE LIFE OF staff and clients of the Tri-County Help Center. Therefore, I join with family, friends and the HON. ALLYSON Y. SCHWARTZ VIVIAN MALONE JONES OF PENNSYLVANIA entire 18th Congressional District of Ohio in IN THE HOUSE OF REPRESENTATIVES congratulating Chief Martin Kendzora for win- HON. ARTUR DAVIS ning this prestigious award. Wednesday, October 19, 2005 OF ALABAMA f Ms. SCHWARTZ of Pennsylvania. Mr. IN THE HOUSE OF REPRESENTATIVES Speaker, Joseph Hoeffel honorably rep- Wednesday, October 19, 2005 IN RECOGNITION OF THE SERVICE OF MR. M.J. ‘‘MIKE’’ ARTS resented Pennsylvania’s 13th Congressional Mr. DAVIS of Alabama. Mr. Speaker, I rise district for 6 years. And, on October 16, I today to offer a tribute to Vivian Malone proudly joined with area Democrats in naming Jones. HON. E. CLAY SHAW, JR. Joe the ‘‘Montgomery County Democrat of the It is my generation’s tragedy that so few of OF FLORIDA Year.’’ us knew the name of Vivian Malone Jones. It IN THE HOUSE OF REPRESENTATIVES As a lifelong resident of Montgomery Coun- is a cruel twist of history that George Wal- Wednesday, October 19, 2005 ty, Joe was elected in 1976 to the first of four lace’s ‘‘stand in the schoolhouse door’’ is itself terms in the Pennsylvania State House, rep- a vivid memory but that the protagonists of the Mr. SHAW. Mr. Speaker, I rise today to pay resenting the Abington area until 1984, where event—the ones being stood against—were tribute to a friend and a fixture within the he worked on budget and government reform, off site and out of view. Greater Boca Raton Chamber of Commerce. economic development and programs for sen- Vivian Malone Jones died too young last On Friday, October 21, 2005, after twenty iors. In 1991, Joe was elected to the first of week at age 63. In prose, she was the first years at the helm, Mike Arts retires as Presi- two terms as Montgomery County Commis- black American to earn a degree from the Uni- dent of the Greater Boca Raton Chamber of sioner where he fought for open space preser- versity of Alabama. In poetry, she was proof of Commerce. Throughout his tenure, Mike’s vation, community revitalization and reforms of the power of dignified commitment, and was a leadership cut a path of economic growth and patronage and pay-to-play abuses in the trailblazer to young black women my mother’s prosperity transforming his home community, courthouse. age, whose own dreams seemed more attain- Boca Raton. In 1996, Joe ran for the U.S. House of Rep- able when they contemplated her boldness. In 1985, Mike took the reigns of the Cham- resentatives, challenging a freshman incum- Part of Jones’ current anonymity was based ber and faced an daunting task. The Greater bent and losing by just 84 votes. However, he on the choice she made to forge a conven- Boca Raton Chamber of Commerce was deal- returned to the campaign trail in 1998 and was tional career as a government employee, rath- ing with the loss of 10,000 IBM jobs, an inac- successful—earning the opportunity to rep- er than as a traveling icon of the civil rights tive membership and a fledgling downtown de- resent the 13th district in the 106th, 107th, era. She did not frequent the reenactments, velopment plan. and 108th Congresses. Joe campaigned on a the marches, or the annual seminars revisiting Today, thanks to Mike’s leadership, the platform of creating jobs, bettering our public the sixties, and I never recall her weighing in Chamber enjoys a membership of 1,800 mem- school system, expanding access to health on whether the war in Iraq was unjust or bers, the largest business organization in care, balancing the Federal budget, and en- whether a Supreme Court nominee should be Palm Beach and Broward counties. The suc- suring that we have a robust foreign policy. confirmed. cess of the Boca Raton Chamber has been at During his tenure, Joe fulfilled many cam- But these choices of when and where to the center of making the City of Boca Raton, paign promises. He authored various pieces of cast her influence were hers, and they were the envy of municipalities throughout Florida. legislation to better the 13th district and the noble and worthy of respect. And the value Mike’s involvement reaches far beyond Nation, including bills to create a veterans’ Vivian Malone Jones put on respecting Boca Raton. Mike has served as President of cemetery at Valley Forge, to eliminate waste- choices meant that I never heard her offer the Florida Chamber of Commerce Executives ful corporate welfare, to reform Federal sup- those facile denigrations of the caliber of this and as a member of the United States Cham- port for public schools and to establish a pa- generation’s African American leaders. ber of Commerce. Mike has also supported a tients’ bill of rights. My last memory of Jones is the Newsweek regional business approach that has led South At home, Joe was a constant figure through- cover the week she registered at the Univer- Florida to become a national and international out the community. He was intimately involved sity of Alabama. The cover featured the leader in transportation and international trade. in bringing a public health center to Norristown unattributed quote, ‘‘We owe them—and we As a result of this progressive vision, Mike has and establishing the Center for Sustainable owe ourselves—a better country.’’ It was so been called one of Palm Beach County’s Communities at Temple University-Ambler. true, for Jones and her cohorts, and it is so ‘‘movers and shakers.’’ Additionally, he secured Federal funds for the true, for the children of poverty and depressed I have had the privilege of representing the Schuylkill Valley Metro, Title I education, river- schools, for the working poor who are losing residents of Boca Raton and Palm Beach front development in Norristown and Northeast ground, and for the anonymous challengers to County since 1992. As a Member of Congress Philadelphia, the Montgomery County Commu- glass ceilings who are themselves broken for representing a new area, it was an easy tran- nity College and the Abington Arts Center. trying to climb to higher altitudes. Blessed are sition the day I first met Mike. Mike took pre- From his seat on the International Relations those whose courage moves us to make the cious time introducing me around the Boca Committee, Joe also advocated for the United ultimate commitments. Raton business community.

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23252 EXTENSIONS OF REMARKS October 19, 2005 The many relationships and support I have in-service and professional development work- Board of Directors of the Tri-County Help Cen- today is a direct result of Mike’s support. shops. ter and remaining with the Sheriff’s Office on Every two years constituents of Florida’s I am proud to have nominated Ms. retainer. 22nd Congressional District travel to Wash- Mittenberg for this prestigious and well-de- Therefore, I join with family, friends and the ington and participate in my District Fly-In. The served honor. We have heard time and again entire 18th Congressional District of Ohio in Fly-In provides my constituents with a first- the importance of math and science in the congratulating Mary Graham for winning this hand look at the inner workings of the Con- classroom. Long Islanders can be proud that prestigious award. gress and our federal government. I appre- teachers like Jo Ann Mittenberg are teaching f ciate Mike’s longstanding support of these their children skills they need to be successful TRIBUTE TO MAJOR GENERAL events during the planning and implementation in tomorrow’s world. FREDERICK E. MORRIS process. His assistance has made these Fly- f In events a tremendous success. Although Mike will step aside from leading IN CELEBRATION OF THE OPENING HON. JOHN L. MICA the Boca Raton Chamber, we know his activi- OF THE MALTZ MUSEUM OF OF FLORIDA IN THE HOUSE OF REPRESENTATIVES ties and commitment to Boca Raton and the JEWISH HERITAGE South Florida business community remain a Wednesday, October 19, 2005 top priority. HON. STEPHANIE TUBBS JONES Mr. MICA. Mr. Speaker, it is my honor to I Mr. Speaker, it gives me great pleasure to OF OHIO pay tribute to Major General Frederick E. Mor- call Mike Arts my friend. I wish Mike and his IN THE HOUSE OF REPRESENTATIVES ris, a veteran of World War II and distin- lovely wife, Catherine, much happiness and Wednesday, October 19, 2005 guished Air Force pilot. I would also like to ex- good health as they complete this chapter in tend my deepest sympathies to his family and their partnership and look for new challenges Mrs. JONES of Ohio. Mr. Speaker, I rise to friends for their loss. General Morris passed and opportunities in the future. I thank my col- commemorate the newly opened Maltz Mu- away on August 22, 2005, and will be interred leagues for allowing me to bring to the atten- seum of Jewish Heritage. I was truly honored at Arlington National Cemetery on October 21, tion of the House the outstanding service of to be a part of this legendary event in my 2005. Mike Arts. Congressional District. The Maltz Museum will General Morris joined the U.S. Army Air f serve as an extension of the highly prized col- Corps as an aviation cadet and was commis- lection of religious objects in the Temple- sioned as a Second Lieutenant in 1942. Dur- HONORING THE ACCOMPLISH- Tifereth in Beachwood, Ohio. ing the war, he served as a combat pilot in MENTS OF JO ANN MITTENBERG, The creation of the museum was made pos- both the European and Pacific Theaters. He NEW YORK STATE’S AMERICAN sible through the efforts of Milton and Tamar flew 66 missions flying B–26, B–25 and A–26 STAR OF TEACHING HONOREE Maltz, the creators of the International Spy aircraft supporting Allied Forces over North Af- Museum in Washington, DC. They convinced rica, Europe, China and Japan. HON. STEVE ISRAEL the Temple-Tifereth that they needed a mu- Following World War II he transferred to the newly formed U.S. Air Force and soon be- OF NEW YORK seum to showcase their religious antiques, came a jet pilot with certification to fly the F– IN THE HOUSE OF REPRESENTATIVES and provide a better accessible building for a more diverse array of people. 111. Throughout the rest of his 30-year ca- Wednesday, October 19, 2005 The Maltz Museum tells the history of the reer, General Morris served in various over- Mr. ISRAEL. Mr. Speaker, I rise today to Jewish people of Cleveland and of those seas commands as well as at home with the celebrate the accomplishments of Jo Ann abroad. The museum uses photographic ex- Joint Chiefs of Staff. He retired in a military Mittenberg, who was recognized in September hibits to tell their stories on religion, immigra- service at the Pentagon in 1971. by the U.S. Department of Education as the tion, the Jewish contribution to Broadway, and Although he retired from service over three American Star of Teaching honoree from New the unforgettable events of the Holocaust. Vid- decades ago, his contributions to the defense of our Nation are still evident. In the 1960’s, York State. This exceptional honor goes annu- eos and interactive computers along with he worked on the Air Force’s initial efforts at ally to one exemplary teacher from each state. audio tapes bring the past to reality. mass computer record keeping and data proc- Ms. Mittenberg has taught math for over 27 On behalf of the people of the 11th Con- essing. Though primitive, those early pro- years and has been a teacher in the Farming- gressional District I celebrate the opening of grams fostered the technology revolution that dale Union Free School district for over 14 the Maltz Museum of Jewish Heritage. This years. Her colleagues describe her as a ‘‘gift- has forever changed our Nation. museum will serve as a link to connect all General Morris was the recipient of numer- ed, caring, tireless, dedicated person with a people of all religions in the pursuit of knowl- ous decorations including the Distinguished superb mathematical background and extraor- edge of Jewish religious history and its impact Flying Cross, Air Medal and the Joint Service dinary teaching skills.’’ on our community. Commendation Medal. He will be greatly Over the years, Ms. Mittenberg has taught f missed by his friends and family and today I Sequential I, II and III Mathematics, Grade 8 want to honor his contributions to our entire Math, Grade 8 Remedial Math, Regents Com- CONGRATULATING MARY GRAHAM Nation. petency Math, Pre-Calculus Syracuse Univer- FOR WINNING THE 2005 PEACE- sity Calculus Program and C.W. Post SCALE KEEPER’S AWARD f Calculus for college credit. Additionally, she SENATE COMMITTEE MEETINGS has taught computer programming, computer HON. ROBERT W. NEY Title IV of Senate Resolution 4, literacy, SAT preparation, and GED prepara- OF OHIO agreed to by the Senate on February 4, tion courses. One of Ms. Mittenberg’s most IN THE HOUSE OF REPRESENTATIVES 1977, calls for establishment of a sys- impressive successes in the classroom has tem for a computerized schedule of all Wednesday, October 19, 2005 been helping ninth graders with disabilities meetings and hearings of Senate com- pass state Regents exams with a 90 percent Mr. NEY. Mr. Speaker: mittees, subcommittees, joint commit- success rate. Whereas, Mary Graham founded the Bel- tees, and committees of conference. Ms. Mittenberg’s dedication to providing mont County Domestic Violence Taskforce This title requires all such committees Long Island students with a strong math edu- while working for the Belmont County Sheriff’s to notify the Office of the Senate Daily cation doesn’t end in the classroom. She Office; and Digest—designated by the Rules Com- works hard to ensure that her colleagues are Whereas, Mary Graham was a significant mittee—of the time, place, and purpose trained in the most innovative teaching tech- asset in developing new protocols for local law of the meetings, when scheduled, and niques. As a certified Texas Instruments T- enforcement when responding to domestic vio- any cancellations or changes in the Fast (Technology for All Students) instructor, lence; and meetings as they occur. Ms. Mittenberg trains other teachers to use Whereas, Mary Graham has continued in As an additional procedure along the newest, most advanced calculators. Over her steadfast devotion to fighting domestic vio- with the computerization of this infor- the years, she has taught almost 200 hours of lence after her retirement by serving on the mation, the Office of the Senate Daily

VerDate Sep 11 2014 10:37 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR19OC05.DAT BR19OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 19, 2005 EXTENSIONS OF REMARKS 23253 Digest will prepare this information for 2:30 p.m. NOVEMBER 1 printing in the Extensions of Remarks Homeland Security and Governmental Af- 2:30 p.m. section of the CONGRESSIONAL RECORD fairs Judiciary Federal Financial Management, Govern- To hold hearings to examine pending on Monday and Wednesday of each ment Information, and International nominations. week. Security Subcommittee Meetings scheduled for Thursday, Oc- To hold hearings to examine setting pri- SD–226 tober 20, 2005 may be found in the Daily orities in Federal spending in the con- Digest of today’s RECORD. text of natural disaster, deficits and NOVEMBER 2 war, focusing on funding wasteful and 2 p.m. MEETINGS SCHEDULED ineffective programs. Energy and Natural Resources SD–342 Public Lands and Forests Subcommittee OCTOBER 25 To hold hearings to examine S. 1541, to 9 a.m. OCTOBER 26 protect, conserve, and restore public Judiciary 9 a.m. land administered by the Department To hold hearings to examine U.S.-Saudi Judiciary of the Interior or the Forest Service Arabia relations relating to the war on To hold hearings to examine the Stream- and adjacent land through cooperative terror. lined Procedures Act relating to Ha- cost-shared grants to control and miti- SD–226 beas Reform. gate the spread of invasive species, S. 9:30 a.m. SD–226 1548, to provide for the conveyance of Armed Services 9:30 a.m. certain Forest Service land to the city To hold hearings to examine the nomina- Indian Affairs of Coffman Cove, Alaska, S. 1552, to tions of John J. Young, Jr., of Virginia, To hold an oversight hearing to examine amend Public Law 97–435 to extend the to be Director of Defense Research and In Re Tribal Lobbying Matters, Et Al. authorization for the Secretary of the Engineering, Department of Defense, SH–216 Dorrance Smith, of Virginia, to be As- 10:30 a.m. Interior to release certain conditions sistant Secretary of Defense for Public Judiciary contained in a patent concerning cer- Affairs, Delores M. Etter, of Maryland, Terrorism, Technology and Homeland Se- tain land conveyed by the United to be Assistant Secretary of the Navy curity Subcommittee States to Eastern Washington Univer- for Research, Development and Acqui- To hold hearings to examine emergency sity until December 31, 2009, and H.R. sition, General Burwell B. Bell, III, preparedness relating to terrorism. 482, to provide for a land exchange in- USA, for reappointment to the grade of SD–226 volving Federal lands in the Lincoln general and to be Commander, United 2 p.m. National Forest in the State of New Nations Command/Combined Forces Energy and Natural Resources Mexico. Command, and Commander, United Public Lands and Forests Subcommittee SD–366 States Forces Korea, and Lieutenant To hold hearings to examine the imple- General Lance L. Smith, USAF, for ap- mentation of the Federal Lands Recre- NOVEMBER 3 ation Enhancement Act (P.L. 108–447), pointment to the grade of general and 10 a.m. to be Commander, United States Joint by the Forest Service and the Depart- Energy and Natural Resources Forces Command and Supreme Allied ment of the Interior. To hold hearings to examine a status re- Commander Transformation. SD–366 port on the Environmental Protection SD–106 2:30 p.m. Foreign Relations Judiciary Management programs of the Depart- To hold hearings to examine the nomina- Administrative Oversight and the Courts ment of Energy. tions of Ellen R. Sauerbrey, of Mary- Subcommittee SD–366 land, to be Assistant Secretary of To hold hearings to examine proposals to State for Population, Refugees, and Mi- split the Ninth Circuit. NOVEMBER 8 gration, and Jeffrey Thomas Bergner, SD–226 10 a.m. of Virginia, to be Assistant Secretary Energy and Natural Resources of State for Legislative Affairs. OCTOBER 27 To hold hearings to examine the progress SD–419 9:30 a.m. made on the development of interim 10 a.m. Indian Affairs and long-term plans for use of fire re- Banking, Housing, and Urban Affairs Business meeting to consider S. 1057, to tardant aircraft in Federal wildfire To hold hearings to examine the nomina- amend the Indian Health Care Improve- suppression operations. tions of Matthew Slaughter, of New ment Act to revise and extend that SD–366 Hampshire, and Katherine Baicker, of Act, S. 1003, to amend the Act of De- 2:30 p.m. New Hampshire, each to be a Member cember 22, 1974, S. 692, to provide for Agriculture, Nutrition, and Forestry of the Council of Economic Advisers, the conveyance of certain public land Research, Nutrition, and General Legisla- Orlando J. Cabrera, of Florida, to be an in northwestern New Mexico by resolv- Assistant Secretary of Housing and ing a dispute associated with coal pref- tion Subcommittee Urban Development, and Gigi Hyland, erence right lease interests on the To hold hearings to examine the Pet Ani- of Virginia, and Rodney E. Hood, of land, a proposed bill to extend the stat- mal Welfare Statute. North Carolina, each to be a Member of ute of limitations for breach of trust SR–328A the National Credit Union Administra- claims, and S. 1219, to authorize cer- tion Board. tain tribes in the State of Montana to SD–538 enter into a lease or other temporary CANCELLATIONS Energy and Natural Resources conveyance of water rights to meet the To hold hearings to examine S. 1829, to water needs of the Dry Prairie Rural repeal certain sections of the Act of Water Association, Inc. OCTOBER 25 May 26, 1936, pertaining to the Virgin SR–485 9:30 a.m. Islands, S. 1830, to amend the Compact 10 a.m. Environment and Public Works of Free Association Amendments Act Energy and Natural Resources Superfund and Waste Management Sub- of 2003, and S. 1831, to convey certain To hold hearings to examine Administra- committee submerged land to the Commonwealth tion’s response to hurricane recovery To hold an oversight hearing on the im- of the Northern Mariana Islands. efforts related to energy and to discuss pact of certain government contractor SD–366 energy policy. liability proposals on environmental Appropriations SD–366 laws. Interior and Related Agencies Sub- Agriculture, Nutrition, and Forestry SD–406 committee Forestry, Conservation, and Rural Revital- 10:30 a.m. To hold hearings to examine oil and gas ization Subcommittee Judiciary activities by the Bureau of Land Man- To hold an oversight hearing to examine To hold hearings to examine grand jury agement including impact of recently the Forest and Rangeland Research reform. passed energy legislation. Program of the USDA Forest Service. SD–226 SD–124 SR–328A

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