Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, THURSDAY, OCTOBER 20, 2005 No. 134 House of Representatives The House met at 10 a.m. amendment in which the concurrence complex, and as health care costs soar The Chaplain, the Reverend Daniel P. of the House is requested, a bill of the we can save lives and money using bet- Coughlin, offered the following prayer: House of the following title: ter patient management. Lord God, all the times and seasons H.R. 3204. An act to amend title XXVII of Under patient care management are in Your hands because all is fixed the Public Health Service Act to extent Fed- plans, patients are monitored by nurses by You in the laws of nature. eral funding for the establishment and oper- to coordinate their complex care, mon- But through natural disasters, Lord, ation of State high risk health insurance itor prescription use, watch out for many people have recently suffered pools. problems, and empower patients to get great losses due to hurricanes and The message also announced that the involved in their own care. Money earthquakes. Have mercy on them all. Senate has passed bills of the following spent up front dramatically lowers Even as we continue to pray and assist titles in which concurrence of the health care costs and, most impor- those already afflicted and in great House is requested: tantly, improves patient outcome. need, we now are aware of another ap- S. 1736. An act to provide for the participa- A patient management program at proaching storm named Wilma. tion of employees in the judicial branch in the Washington Hospital in south- Lord, help all those who prepare for the Federal leave transfer program for disas- western Pennsylvania taught patients the worst. In their fear and anxiety ters and emergencies. to self-manage their disease through keep them safe, law abiding, and com- S. 1894. An act to amend part E of title IV of the Social Security Act to provide for the diet, lifestyle changes, medication passionately concerned for others. making of foster care maintenance payments monitoring, and depression screening. Lord, steer this storm away from our to private for-profit agencies. The result has been a remarkable 50 shores, and let Your powerful Word The message also announced that percent decrease in hospital readmis- calm the sea and bring to Your people pursuant to Public Law 109–59, section sion rates. a sigh of relief. 1909(b)(2)(A)(vi), the Chair, on behalf of I urge my colleagues to learn more This we hope and pray by calling the Democratic Leader, appoints the about reducing costs in Federal Medi- upon Your Holy Name. Amen. following individuals to serve as mem- care and Medicaid spending through f bers of the National Surface Transpor- better patient care management pro- THE JOURNAL tation Policy and Revenue Study Com- grams by visiting my Web site at murphy.house.gov. The SPEAKER. The Chair has exam- mission: ined the Journal of the last day’s pro- Francis McArdle of New York. f Tom R. Skancke of Nevada. ceedings and announces to the House CONGRATULATING NATIONAL his approval thereof. f LEAGUE CHAMPION HOUSTON Pursuant to clause 1, rule I, the Jour- ANNOUNCEMENT BY THE SPEAKER ASTROS nal stands approved. The SPEAKER. The Chair will recog- (Mr. GENE GREEN of Texas asked f nize up to 10 one-minutes on each side. and was given permission to address PLEDGE OF ALLEGIANCE f the House for 1 minute and to revise The SPEAKER. Will the gentleman and extend his remarks.) REDUCING COSTS IN MEDICARE Mr. GENE GREEN of Texas. Mr. from Texas (Mr. GENE GREEN) come AND MEDICAID SPENDING Speaker, I rise this morning to con- forward and lead the House in the (Mr. MURPHY asked and was given gratulate the Houston Astros, the Pledge of Allegiance. Mr. GENE GREEN of Texas led the permission to address the House for 1 major league baseball team which last Pledge of Allegiance as follows: minute and to revise and extend his re- night defeated the St. Louis Cardinals marks.) to earn the right to go to the 2005 I pledge allegiance to the Flag of the United States of America, and to the Repub- Mr. MURPHY. Mr. Speaker, 80 per- World Series. This is the first World lic for which it stands, one nation under God, cent of the Nation’s total medical care Series for the City of Houston and the indivisible, with liberty and justice for all. costs, including Medicaid expenditures, first World Series for the State of f are spent in the treatment of chronic Texas. The Astros and the Texas Rang- conditions such as diabetes, arthritis, ers were founded in 1962 and 1961 re- MESSAGE FROM THE SENATE and cardiovascular disease. Chronic spectively. A message from the Senate by Ms. disease often involves multiple diag- Also, first congratulating the team Curtis, one of its clerks, announced noses, hospitalizations, tests, and for its hard work and dedication, I that the Senate has passed with an treatments. All of this is expensive and want to express thanks to our owner

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.

H8987

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.000 H20OCPT1 H8988 CONGRESSIONAL RECORD — HOUSE October 20, 2005 Drayton McLane, who has been a tre- for prevention, protection or victims, minute and to revise and extend his re- mendous asset to the City of Houston. and prosecution and incarceration of marks.) It was an honor to work closely with the traffickers. I also sponsored the Mr. BOOZMAN. Mr. Speaker, I rise him on the Harris County Sports Au- TPVA Reauthorization Act of 2003 as today to honor the life of a dedicated thority to build what is now Minute well as pending Legislation—H.R. 972. educator, Ms. Betty Lynn Reagan, who Maid Park to replace the historic The movie tells the individual stories passed away earlier this month. For 47 Houston Astrodome. of exploited young women and girls years, Ms. Reagan taught school in I want to salute Tal Smith, who is a from the Czech Republic, Ukraine, Rogers, Arkansas. As a former member great part of the Astros’ organization Philippines, Romania, Russia, and a 12- of the Rogers School Board and the fa- since the beginning when they were the year-old girl, an American girl, Annie ther of three daughters who attended Colt 45’s. As the President of Baseball Gray, who was abducted by traffickers public schools there, I can personally Operations, he has been an integral in Manila. ICE agent in charge Donald attest to the impact Ms. Reagan had on part of the entire organization. Sutherland joins Sorvino in bringing the lives of her students. She was The Houston Astros do not have one down a powerful but clever sex traf- greatly respected in the classroom, in of the highest payrolls in baseball, so ficking boss and others who use force, the education community and the com- the fact that they are now in the World fraud, coercion, and even murder to en- munity at large. Championship is a tribute to our gen- slave women. Throughout her career, Ms. Reagan eral manager Tim Purpura and also our It is time, Mr. Speaker, that the ig- received a number of awards and com- manager Phil ‘‘Scrap Iron’’ Garner, norance, the indifference and com- mendations, including induction into who actually played for the Astros plicity in human trafficking came to the Education Hall of Fame in 1995. years ago. It is good to have him back an end. Every year 800,000 people are However, the most notable came in home. trafficked around the world. Millions 1989, when the community renamed a Many of the 2005 National League more are trafficked intra-country. And school for her and her sister Mary Sue, Champion Houston Astros are products up to 18,000 are trafficked into the U.S. also a long time teacher and out- of our minor league farm system, not each year. Watch this powerful movie standing educator. Reagan Elementary high-priced free agents, including the next week, Lifetime TV, 9 p.m., Mon- will serve as a reminder for future gen- winner of last night’s game, Roy day and Tuesday. erations of the impact that Betty Lynn Oswalt. The Astros were the best team f and Mary Sue Reagan have had on our in baseball for the month of July and community. never looked back. Now they are the CONGRATULATING NATIONAL Mr. Speaker, Betty Lynn Reagan will best team in the National League and LEAGUE CHAMPION HOUSTON certainly be missed. However, her leg- look forward to taking on the White ASTROS acy will live on for generations to Sox in the 2005 World Series, Mr. (Ms. JACKSON-LEE of Texas asked come. Rogers School District Super- Speaker. and was given permission to address intendent Janie Darr summed it up In addition we have a lot of home- the House for 1 minute and to revise best when she said: Because of Betty grown talent. Craig Biggio, Jeff and extend her remarks.) Lynn, the School District and the City Bagwell, Roger Clemens and Andy Ms. JACKSON-LEE of Texas. Mr. of Rogers is a much, much better place. Pettitte, again, are some of our great Speaker, there are days that we can I thank my colleagues for the oppor- players along with the whole team. come to this floor and obviously raise tunity to honor and celebrate the life Again, congratulations, and I yield issues of great concern to America and of this wonderful woman. back my time Mr. Speaker. Americans. But I would like to think f f that we can also come to this floor and celebrate a joyous family of great ball REPUBLICAN BUDGET CUTS ANNOUNCING PREMIER OF players in a city that has longed for a (Ms. KILPATRICK of Michigan asked ‘‘HUMAN TRAFFICKING’’ ON winner in American baseball history. and was given permission to address LIFETIME TV NETWORK And, yes, founded in 1962, the Houston the House for 1 minute.) (Mr. SMITH of New Jersey asked and Astros have won the place to play in Ms. KILPATRICK of Michigan. Mr. was given permission to address the the World Series. And so I say: Go Speaker, this week we were to take up House for 1 minute and to revise and Astros. And I say thank you to a great the Republican leadership budget bill extend his remarks.) city of fans, Houston, Texas, to the that would have cut student loans, Mr. SMITH of New Jersey. ‘‘Do you Drayton McLane family. Mr. and Mrs. rural and agricultural programs, think it is possible when you have lost McLane and their children have been a LIHEAP low energy assistance pro- your humanity to ever find it again?’’ wonderful addition to Houston. They grams, and other major programs in So asks Helena, a fictitious but all love their team, they love their city. our Federal budget that the American too real human trafficking victim from To their staff, to the pitching staff like people depend on. I am happy to report Prague after describing how she was Clemens and Pettite and Oswalt. To at this moment they have postponed raped and abused to ICE law enforce- Bagwell and Biggio. And, of course, to that legislation just for today. ment agent Kate Morozov, played bril- all the old players, or they will not We want Americans all over to speak liantly by Academy Award-winning ac- want to be called old but to Enos up and to contact your Congresspeople. tress Mira Sorvino in Lifetime TV Net- Cabell and many others. This is not the time to cut vital human work’s mini series Human Trafficking, We know that we have got a tough family programs like student aid, like to be aired next week. road ahead to go to the World Series, rural and agricultural development, My wife Marie and I have watched but who can beat a team who was down like food stamps, and like low energy the entire trafficking movie last night, on Monday night and came back and assistance programs. Do we have prob- and we were moved to tears by this ex- won 5–1. All we can say is it is about lems in America? Yes, we do. But we traordinarily accurate portrayal of sex family values. And when I say family hope our Republican leadership will slavery from the eyes of victims, and values, it is about a family of players not bring a budget resolution forward the dedicated law enforcement agents who are committed and dedicated to that will further decimate and hurt trying to effectuate their rescue. their tasks and who never gave up. families. At a time when many manu- My wife and I and my staff have been Houstonians did not give up, Mr. facturing jobs have been lost in Amer- fighting sex trafficking, Mr. Speaker, Speaker, and so I am here this morning ica, in my own State of Michigan, the since the late 1990s, when there was to say: Go Astros. Go Astros. highest unemployment State in the utter disbelief about whether or not it f country, this is not the time to cut even existed. Sadly, it does. I would vital programs. It is time, though, not note parenthetically that I am the HONORING THE LIFE OF MS. to have a $1.7 trillion cost for a tax cut prime sponsor of the Trafficking Vic- BETTY LYNN REAGAN for the wealthiest of Americans. tims Protection Act of 2000, a com- (Mr. BOOZMAN asked and was given Speak up, America. Let your voice be prehensive landmark law that provides permission to address the House for 1 heard.

VerDate Aug 31 2005 00:23 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.003 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8989 SPENDING REDUCTIONS b 1015 Mr. BRADLEY of New Hampshire. (Mrs. BLACKBURN asked and was STEALING THE FEDERAL WAY Mr. Speaker, I rise today to bring at- given permission to address the House tention to a problem that many Ameri- (Mr. POE asked and was given per- for 1 minute and to revise and extend cans are facing as we approach winter: mission to address the House for 1 her remarks.) the cost of heating their homes. Mrs. BLACKBURN. Mr. Speaker, if minute and to revise and extend his re- The U.S. Energy Information Admin- House liberals had their way, last year marks.) istration recently projected that the we would have spent billions more. I Mr. POE. Mr. Speaker, tattoos, lin- cost of heating a home this winter, re- want every taxpayer across America to gerie, Ozzie Osbourne concert tickets, gardless of the type of fuel, will in- know that it is this Republican leader- gambling, cruises, exotic dance clubs, crease dramatically from last year. In ship and Republican majority that is prostitutes, and new sports cars. Mem- order to counteract this dramatic spike talking about spending cuts, spending bers may ask what this list is. No, it is in energy costs, we need to increase less, not the Democrats. It is this Re- not Larry Flynt’s Christmas wish list. funding for the Low Income Home En- publican majority that is talking about These are examples of purchases made ergy Assistance Program, or LIHEAP. continued tax relief for hardworking on Federal credit cards by Federal em- It is a tremendously successful pro- American families, not the Democrats. ployees for which American taxpayers gram that enables States to provide You are going to hear the Democrats picked up the bill; they always do. low-income families with energy as- say, well, those Republicans, they Today I have introduced the Govern- sistance. didn’t invite us to come participate in ment Credit Card Sunshine Act. This In my State of New Hampshire, talking about spending cuts, to talk act is simple. It requires every govern- LIHEAP funding helps people afford to about reducing Federal spending. Mr. ment credit card bill to be posted on heat their homes and not have to make Speaker, I hope they will consider this the government Inspector General’s the difficult choices of paying their the invitation: Come join us. We would Web site within 15 days of its use. It rent, of buying food and medications, love to have all your input and ideas. also states that Federal employees or keeping their homes warm. So from this point on, they can stop whose credit card abuse is more than In order to simply meet last year’s talking about how we need to spend $500 shall face immediate dismissal, be purchasing power, we must increase more and help us find ways to be better forced to repay the bill, and sometimes LIHEAP funding by $1.276 billion. This stewards and spend less. Let us be return the items. This serious scandal is an issue that crosses State and party frank. The Democrat solution, raising is stealing and is unacceptable behav- lines and one that needs to be ad- taxes, is not a solution. This govern- ior. We are now going to hold Federal dressed immediately. ment does not have a revenue problem. employees accountable for ripping off Mr. Speaker, let us act today to in- This government has a spending prob- America. So no more abusing the Fed- crease this funding before Hurricane lem. Mr. Speaker, we invite them to eral credit card at the taxpayers’ ex- Katrina claims more victims this win- join us. pense; otherwise, pack your tooth- ter. brush, you are out of here. f f f NEED FOR A CHANGE IN WASH- HELPING MOTHERS SUFFERING INGTON (CULTURE OF CORRUP- H.R. 3966, SLICE ACT FROM POSTPARTUM DEPRESSION TION CANNOT CONTINUE) (Mr. UDALL of Colorado asked and (Mr. RUSH asked and was given per- (Ms. WATSON asked and was given was given permission to address the mission to address the House for 1 permission to address the House for 1 House for 1 minute and to revise and minute and to revise and extend his re- minute.) extend his remarks.) marks.) Ms. WATSON. Mr. Speaker, the Mr. UDALL of Colorado. Mr. Speak- Mr. RUSH. Mr. Speaker, this morn- American people want change here in er, we need to change our budget poli- ing we learned that a 23-year-old moth- Washington, DC. Over the last couple cies. We should use the better, the fairer threw her three children off a pier in of months, they have seen the head- er, and the more bipartisan approach San Francisco killing them all. Appar- lines of scandal in the ranks of the to spending cuts that would come from ently she heard voices that told her to House and Senate Republican leader- passing H.R. 3966. That is a bill I intro- commit this unthinkable act. ship. They have seen the continuing duced with the gentleman from Ohio Mr. Speaker, we do not know yet scandal at the White House that should (Mr. CHABOT), the gentleman from Ari- whether this woman suffered from a lead to the firing of Karl Rove and zona (Mr. FLAKE), and the gentle- most severe form of postpartum dis- Scooter Libby. They have seen that the woman from Colorado (Mrs. order known as postpartum psychosis. President’s cronies are now entrenched MUSGRAVE). We do know that postpartum depres- in important government agencies and It is called the Stimulating Leader- sion and psychosis can emerge even a some of them are as unprepared for ship and Cutting Expenditures Act, or year after a child’s birth. their jobs as Michael Brown was at SLICE for short. SLICE would require That is why for the last three Con- FEMA. an up-or-down vote on each specific cut gresses I have introduced the Melanie The American people want to know the President proposes in the recently Blocker Stokes Postpartum Depression when Republicans here in Washington passed transportation bill and current Research and Care Act, H.R. 1940. My are finally going to stop doing the bid- appropriations bills. It is a workable bill would direct funds to researching ding of the wealthiest elite and start and constitutional alternative to the this misunderstood disorder, and it focusing on issues more important to line item veto designed to enable Presi- would also provide grants for services them. They are concerned about an dential leadership and require congres- and care for mothers who suffer from economy where their paychecks are sional accountability. postpartum depression. not rising as high or as fast as the cost Mr. Speaker, before we cut critical I urge all of my colleagues in the of living. They are also wondering how health care, education and other pro- House to cosponsor this important bill. they are going to continue to afford grams that help working Americans, What happened in San Francisco hap- their health care premiums, gas for let us work in a bipartisan way to con- pens way too often in this Nation, and their cars, and heat for their homes in sider other cuts. Let us pass H.R. 3966 we must do what we can to prevent the winter. and slice the budget the right way. similar tragedies in the future. The They look to Washington and cor- f mothers of America desperately need rectly see that House Republicans this Congress to recognize this deadly INCREASED FUNDING FOR LIHEAP refuse to even consider their concerns. malady and pass H.R. 1940. NEEDED Republicans are simply too busy help- f ing their friends. It is time for a (Mr. BRADLEY of New Hampshire change all right, and Democrats are asked and was given permission to ad- JUSTICE FOR SADDAM HUSSEIN ready to lead by providing creative so- dress the House for 1 minute and to re- (Mr. PITTS asked and was given per- lutions to our Nation’s needs. vise and extend his remarks.) mission to address the House for 1

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.006 H20OCPT1 H8990 CONGRESSIONAL RECORD — HOUSE October 20, 2005 minute and to revise and extend his re- for 1 minute and to revise and extend minute and to revise and extend her remarks.) her remarks.) marks.) Mr. PITTS. Mr. Speaker, the war on Ms. ROS-LEHTINEN. Mr. Speaker, I Ms. FOXX. Mr. Speaker, I rise today terror is slow going. In Iraq, suicide rise on behalf of the Congressional His- as a fiscal conservative to set the bombers and terrorists continue to panic Conference to recognize the Cen- record straight that Republicans are spread fear across the Sunni provinces tury Council and Nickelodeon for their the party of fiscal discipline. Earlier in the center of the country. Many of creation of an innovative new program this year, Republicans passed the budg- our soldiers have made the ultimate to educate middle school kids about et that cut $100 billion from the deficit. sacrifice. Some folks here at home underaged drinking. What did Democrats do? They refused wonder where the war is going. The Century Council is a national to vote for the budget, another act in It is important to step back and look not-for-profit organization funded by their play of obstruction. at the big picture. Just this week, mil- America’s leading distillers to develop Republicans have recommended 98 lions of Iraqis have once again exer- and implement programs designed to programs be terminated for a total sav- cised the right to vote, a right denied combat drunk driving and underaged ings of more than $4.3 billion. And them for decades. And yesterday, the drinking. under Republican leadership, domestic Tyrant of Baghdad was brought to The Congressional Hispanic Con- discretionary spending is currently on trial. ference has teamed up with Century track to be below last year’s levels. Two things we take for granted here Council and Nickelodeon to launch What have the Democrats done? Over at home: the right to choose our own Ask, Listen, Learn: Kids and Alcohol the last 3 years they have attempted to government and the guarantee of real Do Not Mix. The program helps adults bust the discretionary budget in the justice in a court of law. Saddam Hus- and children communicate early and appropriations process by more than sein is at long last standing trial for often about this important issue in a $60 billion. They hope to finance this his crimes against humanity. The format and a language designed specifi- by raising taxes on small businesses. chickens are coming home to roost for cally for them. So it is not surprising at a time when those who have painted the past with I commend the Century Council and we must be watchful of taxpayer dol- blood, and the people of Iraq with their Nickelodeon for giving Hispanic par- lars the Democrats have turned to ink-stained fingers are creating a new ents and children across the Nation their playbook and called up one of tomorrow according to popular will. such a valuable communications tool No matter how difficult life remains to initiate these critically important their favorites, the old tax and spend. in Baghdad and the Anbar Province, discussions regarding the dangers of al- It is time for the Democrats to come the future is now full of hope. cohol. up with a new play. In 1997, 51 Demo- crats had the courage to help Repub- Mr. Speaker, we are the good guys in f this war. We are helping create a better licans pass the last major entitlement world. God bless our troops and the NO NEW TAX ON HOMEOWNERSHIP reform bill. I hope they can find that citizens of the new Iraq. (Mr. GARRETT of New Jersey asked courage again. f and was given permission to address f the House for 1 minute and to revise ASSISTANCE FOR AMERICA’S and extend his remarks.) PROTECTION OF LAWFUL POOR Mr. GARRETT of New Jersey. Mr. COMMERCE IN ARMS ACT (Mr. MARKEY asked and was given Speaker, the cost to buy a new home is Mr. SENSENBRENNER. Mr. Speak- permission to address the House for 1 about to go up in America. Why is er, pursuant to House Resolution 493, I minute and to revise and extend his re- that? Because as soon as next week, call up the Senate bill (S. 397) to pro- marks.) Congress is about to vote on placing a hibit civil liability actions from being Mr. MARKEY. Mr. Speaker, the Re- new tax on homeownership, a tax that brought or continued against manufac- publicans have decided not to bring the may well raise the cost for the average turers, distributors, dealers, or import- bill to the House floor today which American who wants to buy their new ers of firearms or ammunition for dam- would slash Medicaid, slash programs home. for student loans, slash programs for Years ago, Congress set up Fannie ages, injunctive or other relief result- poor people because many conserv- Mae and Freddie Mac with the noble ing from the misuse of their products atives say they are not cutting enough intent to add liquidity to the market- by others, and ask for its immediate programs for poor people, all to protect place and help home buyers. But in an consideration. tax breaks for the wealthiest Ameri- about-face, Congress is about to impose The Clerk read the title of the Senate cans. All to protect tax breaks for the a new tax and at the same time fail to bill. wealthiest Americans. And what is the address an inherent flaw in the current The text of the Senate bill is as fol- excuse they have used? Hurricane system. lows: Katrina. Mr. Speaker, legislation before the S. 397 That is why they must cut more pro- House would allow Fannie Mae and Be it enacted by the Senate and House of Rep- grams for poor people, because they do Freddie Mac to continue to rack up resentatives of the United States of America in not want to cut the tax cuts, and now debt on their balance sheets with no Congress assembled, they want to delay because Hurricane limits. These are the same organiza- SECTION 1. SHORT TITLE. Wilma is on the way, and the Repub- tions that have been wracked with fi- This Act may be cited as the ‘‘Protection licans are saying, Let us wait until the nancial accounting scandals, may have of Lawful Commerce in Arms Act’’. weekend is over and see how big that 1.5 to $1.7 trillion on their balance SEC. 2. FINDINGS; PURPOSES. hurricane is, and then we will be able sheets right now. I say ‘‘may’’ because (a) FINDINGS.—Congress finds the following: to cut more programs for poor people, no one can get a clear financial picture (1) The Second Amendment to the United more programs for those most in need from these entities. States Constitution provides that the right in our society, rather than touching Alan Greenspan has testified to this of the people to keep and bear arms shall not those tax breaks for the wealthiest in problem repeatedly, noting that with- be infringed. our country. out restriction on the size of the GSE (2) The Second Amendment to the United Mr. Speaker, hurricanes are the balance sheets, we put at risk our abil- States Constitution protects the rights of in- greatest friend conservative Repub- ity to preserve safe and sound financial dividuals, including those who are not mem- licans ever had to hurt the poorest peo- markets in the United States. Amer- bers of a militia or engaged in military serv- ple in the country and protect the ican homeowners deserve better. We ice or training, to keep and bear arms. (3) Lawsuits have been commenced against wealthiest. need to help them and not hurt them. manufacturers, distributors, dealers, and im- f f porters of firearms that operate as designed COMMENDING CENTURY COUNCIL DEMOCRATS NEED A NEW PLAY and intended, which seek money damages and other relief for the harm caused by the (Ms. ROS-LEHTINEN asked and was (Ms. FOXX asked and was given per- misuse of firearms by third parties, includ- given permission to address the House mission to address the House for 1 ing criminals.

VerDate Aug 31 2005 00:23 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.008 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8991 (4) The manufacture, importation, posses- of firearms or ammunition products, and failed to make appropriate entry in, any sion, sale, and use of firearms and ammuni- trade associations, to speak freely, to assem- record required to be kept under Federal or tion in the United States are heavily regu- ble peaceably, and to petition the Govern- State law with respect to the qualified prod- lated by Federal, State, and local laws. Such ment for a redress of their grievances. uct, or aided, abetted, or conspired with any Federal laws include the Gun Control Act of (6) To preserve and protect the Separation person in making any false or fictitious oral 1968, the National Firearms Act, and the of Powers doctrine and important principles or written statement with respect to any Arms Export Control Act. of federalism, State sovereignty and comity fact material to the lawfulness of the sale or (5) Businesses in the United States that are between sister States. other disposition of a qualified product; or engaged in interstate and foreign commerce (7) To exercise congressional power under (II) any case in which the manufacturer or through the lawful design, manufacture, art. IV, section 1 (the Full Faith and Credit seller aided, abetted, or conspired with any marketing, distribution, importation, or sale Clause) of the United States Constitution. other person to sell or otherwise dispose of a to the public of firearms or ammunition SEC. 3. PROHIBITION ON BRINGING OF QUALI- qualified product, knowing, or having rea- products that have been shipped or trans- FIED CIVIL LIABILITY ACTIONS IN sonable cause to believe, that the actual ported in interstate or foreign commerce are FEDERAL OR STATE COURT. buyer of the qualified product was prohibited not, and should not, be liable for the harm (a) IN GENERAL.—A qualified civil liability from possessing or receiving a firearm or caused by those who criminally or unlaw- action may not be brought in any Federal or ammunition under subsection (g) or (n) of fully misuse firearm products or ammuni- State court. section 922 of title 18, United States Code; tion products that function as designed and (b) DISMISSAL OF PENDING ACTIONS.—A (iv) an action for breach of contract or intended. qualified civil liability action that is pend- warranty in connection with the purchase of (6) The possibility of imposing liability on ing on the date of enactment of this Act the product; an entire industry for harm that is solely shall be immediately dismissed by the court (v) an action for death, physical injuries or caused by others is an abuse of the legal sys- in which the action was brought or is cur- property damage resulting directly from a tem, erodes public confidence in our Nation’s rently pending. defect in design or manufacture of the prod- laws, threatens the diminution of a basic SEC. 4. DEFINITIONS. uct, when used as intended or in a reason- constitutional right and civil liberty, invites In this Act: the disassembly and destabilization of other ably foreseeable manner, except that where industries and economic sectors lawfully (1) ENGAGED IN THE BUSINESS.—The term the discharge of the product was caused by a competing in the free enterprise system of ‘‘engaged in the business’’ has the meaning volitional act that constituted a criminal of- the United States, and constitutes an unrea- given that term in section 921(a)(21) of title fense then such act shall be considered the sonable burden on interstate and foreign 18, United States Code, and, as applied to a sole proximate cause of any resulting death, commerce of the United States. seller of ammunition, means a person who personal injuries or property damage; or (7) The liability actions commenced or devotes, time, attention, and labor to the (vi) and action or proceeding commenced contemplated by the Federal Government, sale of ammunition as a regular course of by the Attorney General to enforce the pro- States, municipalities, and private interest trade or business with the principal objective visions of chapter 44 of title 18 or chapter 53 groups and others are based on theories of livelihood and profit through the sale or of title 26, United States Code. without foundation in hundreds of years of distribution of ammunition. (B) NEGLIGENT ENTRUSTMENT.—As used in the common law and jurisprudence of the (2) MANUFACTURER.—The term ‘‘manufac- subparagraph (A)(ii), the term ‘negligent en- United States and do not represent a bona turer’’ means, with respect to a qualified trustment’ means the supplying of a quali- fide expansion of the common law. The pos- product, a person who is engaged in the busi- fied product by a seller for use by another sible sustaining of these actions by a mav- ness of manufacturing the product in inter- person when the seller knows, or reasonably erick judicial officer or petit jury would ex- state or foreign commerce and who is li- should know, the person to whom the prod- pand civil liability in a manner never con- censed to engage in business as such a manu- uct is supplied is likely to, and does, use the templated by the framers of the Constitu- facturer under chapter 44 of title 18, United product in a manner involving unreasonable tion, by Congress, or by the legislatures of States Code. risk of physical injury to the person or oth- the several States. Such an expansion of li- (3) PERSON.—The term ‘‘person’’ means any ers. ability would constitute a deprivation of the individual, corporation, company, associa- (C) RULE OF CONSTRUCTION.—The excep- rights, privileges, and immunities guaran- tion, firm, partnership, society, joint stock tions enumerated under clauses (i) through teed to a citizen of the United States under company, or any other entity, including any (v) of subparagraph (A) shall be construed so the Fourteenth Amendment to the United governmental entity. as not to be in conflict, and no provision of States Constitution. (4) QUALIFIED PRODUCT.—The term ‘‘quali- this Act shall be construed to create a public (8) The liability actions commenced or fied product’’ means a firearm (as defined in or private cause of action or remedy. contemplated by the Federal Government, subparagraph (A) or (B) of section 921(a)(3) of (D) MINOR CHILD EXCEPTION.—Nothing in States, municipalities, private interest title 18, United States Code), including any this Act shall be construed to limit the right groups and others attempt to use the judicial antique firearm (as defined in section of a person under 17 years of age to recover branch to circumvent the Legislative branch 921(a)(16) of such title), or ammunition (as damages authorized under Federal or State of government to regulate interstate and for- defined in section 921(a)(17)(A) of such title), law in a civil action that meets 1 of the re- eign commerce through judgments and judi- or a component part of a firearm or ammuni- quirements under clauses (i) through (v) of cial decrees thereby threatening the Separa- tion, that has been shipped or transported in subparagraph (A). tion of Powers doctrine and weakening and interstate or foreign commerce. (6) SELLER.—The term ‘‘seller’’ means, undermining important principles of fed- (5) QUALIFIED CIVIL LIABILITY ACTION.— with respect to a qualified product— eralism, State sovereignty and comity be- (A) IN GENERAL.—The term ‘‘qualified civil (A) an importer (as defined in section tween the sister States. liability action’’ means a civil action or pro- 921(a)(9) of title 18, United States Code) who (b) PURPOSES.—The purposes of this Act ceeding or an administrative proceeding is engaged in the business as such an im- are as follows: brought by any person against a manufac- porter in interstate or foreign commerce and (1) To prohibit causes of action against turer or seller of a qualified product, or a who is licensed to engage in business as such manufacturers, distributors, dealers, and im- trade association, for damages, punitive an importer under chapter 44 of title 18, porters of firearms or ammunition products, damages, injunctive or declaratory relief, United States Code; and their trade associations, for the harm abatement, restitution, fines, or penalties, or (B) a dealer (as defined in section 921(a)(11) solely caused by the criminal or unlawful other relief’’ resulting from the criminal or of title 18, United States Code) who is en- misuse of firearm products or ammunition unlawful misuse of a qualified product by the gaged in the business as such a dealer in products by others when the product func- person or a third party, but shall not in- interstate or foreign commerce and who is li- tioned as designed and intended. clude— censed to engage in business as such a dealer (2) To preserve a citizen’s access to a sup- (i) an action brought against a transferor under chapter 44 of title 18, United States ply of firearms and ammunition for all law- convicted under section 924(h) of title 18, Code; or ful purposes, including hunting, self-defense, United States Code, or a comparable or iden- (C) a person engaged in the business of sell- collecting, and competitive or recreational tical State felony law, by a party directly ing ammunition (as defined in section shooting. harmed by the conduct of which the trans- 921(a)(17)(A) of title 18, United States Code) (3) To guarantee a citizen’s rights, privi- feree is so convicted; in interstate or foreign commerce at the leges, and immunities, as applied to the (ii) an action brought against a seller for wholesale or retail level. States, under the Fourteenth Amendment to negligent entrustment or negligence per se; (7) STATE.—The term ‘‘State’’ includes the United States Constitution, pursuant to (iii) an action in which a manufacturer or each of the several States of the United section 5 of that Amendment. seller of a qualified product knowingly vio- States, the District of Columbia, the Com- (4) To prevent the use of such lawsuits to lated a State or Federal statute applicable to monwealth of Puerto Rico, the Virgin Is- impose unreasonable burdens on interstate the sale or marketing of the product, and the lands, Guam, American Samoa, and the Com- and foreign commerce. violation was a proximate cause of the harm monwealth of the Northern Mariana Islands, (5) To protect the right, under the First for which relief is sought, including— and any other territory or possession of the Amendment to the Constitution, of manufac- (I) any case in which the manufacturer or United States, and any political subdivision turers, distributors, dealers, and importers seller knowingly made any false entry in, or of any such place.

VerDate Aug 31 2005 00:23 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.002 H20OCPT1 H8992 CONGRESSIONAL RECORD — HOUSE October 20, 2005

(8) TRADE ASSOCIATION.—The term ‘‘trade immunity from a qualified civil liability ac- ‘‘(A) the manufacture of such ammunition association’’ means— tion. is for the use of the United States, any de- (A) any corporation, unincorporated asso- ‘‘(B) PROSPECTIVE ACTIONS.—A qualified partment or agency of the United States, ciation, federation, business league, profes- civil liability action may not be brought in any State, or any department, agency, or po- sional or business organization not organized any Federal or State court. litical subdivision of a State; or operated for profit and no part of the net ‘‘(C) DEFINED TERM.—As used in this para- ‘‘(B) the manufacture of such ammunition earnings of which inures to the benefit of graph, the term ‘qualified civil liability ac- is for the purpose of exportation; or any private shareholder or individual; tion’— ‘‘(C) the manufacture or importation of (B) that is an organization described in ‘‘(i) means a civil action brought by any such ammunition is for the purpose of test- section 501(c)(6) of the Internal Revenue Code person against a person described in subpara- ing or experimentation and has been author- of 1986 and exempt from tax under section graph (A) for damages resulting from the ized by the Attorney General; 501(a) of such Code; and criminal or unlawful misuse of the handgun ‘‘(8) for any manufacturer or importer to (C) 2 or more members of which are manu- by a third party, if— sell or deliver armor piercing ammunition, facturers or sellers of a qualified product. ‘‘(I) the handgun was accessed by another unless such sale or delivery— (9) UNLAWFUL MISUSE.—The term ‘‘unlawful person who did not have the permission or ‘‘(A) is for the use of the United States, misuse’’ means conduct that violates a stat- authorization of the person having lawful any department or agency of the United ute, ordinance, or regulation as it relates to possession and control of the handgun to States, any State, or any department, agen- the use of a qualified product. have access to it; and cy, or political subdivision of a State; SEC. 5. CHILD SAFETY LOCKS. ‘‘(II) at the time access was gained by the ‘‘(B) is for the purpose of exportation; or person not so authorized, the handgun had (a) SHORT TITLE.—This section may be ‘‘(C) is for the purpose of testing or experi- been made inoperable by use of a secure gun cited as the ‘‘Child Safety Lock Act of 2005’’. mentation and has been authorized by the storage or safety device; and (b) PURPOSES.—The purposes of this section Attorney General;’’. ‘‘(ii) shall not include an action brought are— (b) PENALTIES.—Section 924(c) of title 18, against the person having lawful possession (1) to promote the safe storage and use of United States Code, is amended by adding at and control of the handgun for negligent en- handguns by consumers; the end the following: trustment or negligence per se.’’. (2) to prevent unauthorized persons from (2) CIVIL PENALTIES.—Section 924 of title 18, ‘‘(5) Except to the extent that a greater gaining access to or use of a handgun, in- United States Code, is amended— minimum sentence is otherwise provided cluding children who may not be in posses- (A) in subsection (a)(1), by striking ‘‘or (f)’’ under this subsection, or by any other provision of a handgun; and and inserting ‘‘(f), or (p)’’; and sion of law, any person who, during and in (3) to avoid hindering industry from sup- (B) by adding at the end the following: relation to any crime of violence or drug plying firearms to law abiding citizens for ‘‘(p) PENALTIES RELATING TO SECURE GUN trafficking crime (including a crime of vio- all lawful purposes, including hunting, self- STORAGE OR SAFETY DEVICE.— lence or drug trafficking crime that provides defense, collecting, and competitive or rec- ‘‘(1) IN GENERAL.— for an enhanced punishment if committed by reational shooting. ‘‘(A) SUSPENSION OR REVOCATION OF LI- the use of a deadly or dangerous weapon or (c) FIREARMS SAFETY.— CENSE; CIVIL PENALTIES.—With respect to device) for which the person may be pros- (1) MANDATORY TRANSFER OF SECURE GUN each violation of section 922(z)(1) by a li- ecuted in a court of the United States, uses STORAGE OR SAFETY DEVICE.—Section 922 of censed manufacturer, licensed importer, or or carries armor piercing ammunition, or title 18, United States Code, is amended by licensed dealer, the Secretary may, after no- who, in furtherance of any such crime, pos- inserting at the end the following: tice and opportunity for hearing— sesses armor piercing ammunition, shall, in ‘‘(z) SECURE GUN STORAGE OR SAFETY DE- ‘‘(i) suspend for not more than 6 months, or addition to the punishment provided for such VICE.— revoke, the license issued to the licensee crime of violence or drug trafficking crime ‘‘(1) IN GENERAL.—Except as provided under under this chapter that was used to conduct or conviction under this section— paragraph (2), it shall be unlawful for any li- the firearms transfer; or ‘‘(A) be sentenced to a term of imprison- censed importer, licensed manufacturer, or ‘‘(ii) subject the licensee to a civil penalty ment of not less than 15 years; and licensed dealer to sell, deliver, or transfer in an amount equal to not more than $2,500. ‘‘(B) if death results from the use of such any handgun to any person other than any ‘‘(B) REVIEW.—An action of the Secretary ammunition— person licensed under this chapter, unless under this paragraph may be reviewed only ‘‘(i) if the killing is murder (as defined in the transferee is provided with a secure gun as provided under section 923(f). section 1111), be punished by death or sen- storage or safety device (as defined in sec- ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- tenced to a term of imprisonment for any tion 921(a)(34)) for that handgun. pension or revocation of a license or the im- term of years or for life; and ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not position of a civil penalty under paragraph ‘‘(ii) if the killing is manslaughter (as de- apply to— (1) shall not preclude any administrative fined in section 1112), be punished as pro- ‘‘(A)(i) the manufacture for, transfer to, or remedy that is otherwise available to the vided in section 1112.’’. possession by, the United States, a depart- Secretary.’’. (c) STUDY AND REPORT.— ment or agency of the United States, a (3) LIABILITY; EVIDENCE.— (1) STUDY.—The Attorney General shall State, or a department, agency, or political (A) LIABILITY.—Nothing in this section conduct a study to determine whether a uni- subdivision of a State, of a handgun; or shall be construed to— form standard for the testing of projectiles ‘‘(ii) the transfer to, or possession by, a law (i) create a cause of action against any against Body Armor is feasible. enforcement officer employed by an entity Federal firearms licensee or any other per- (2) ISSUES TO BE STUDIED.—The study con- referred to in clause (i) of a handgun for law son for any civil liability; or ducted under paragraph (1) shall include— enforcement purposes (whether on or off (ii) establish any standard of care. (A) variations in performance that are re- duty); or (B) EVIDENCE.—Notwithstanding any other lated to the length of the barrel of the hand- ‘‘(B) the transfer to, or possession by, a rail provision of law, evidence regarding compli- gun or center-fire rifle from which the pro- police officer employed by a rail carrier and ance or noncompliance with the amendments jectile is fired; and certified or commissioned as a police officer made by this section shall not be admissible (B) the amount of powder used to propel under the laws of a State of a handgun for as evidence in any proceeding of any court, the projectile. purposes of law enforcement (whether on or agency, board, or other entity, except with (3) REPORT.—Not later than 2 years after off duty); respect to an action relating to section 922(z) the date of enactment of this Act, the Attor- ‘‘(C) the transfer to any person of a hand- of title 18, United States Code, as added by ney General shall submit a report containing gun listed as a curio or relic by the Sec- this subsection. the results of the study conducted under this retary pursuant to section 921(a)(13); or (C) RULE OF CONSTRUCTION.—Nothing in subsection to— ‘‘(D) the transfer to any person of a hand- this paragraph shall be construed to bar a (A) the chairman and ranking member of gun for which a secure gun storage or safety governmental action to impose a penalty the Committee on the Judiciary of the Sen- device is temporarily unavailable for the under section 924(p) of title 18, United States ate; and reasons described in the exceptions stated in Code, for a failure to comply with section (B) the chairman and ranking member of section 923(e), if the licensed manufacturer, 922(z) of that title. the Committee on the Judiciary of the House licensed importer, or licensed dealer delivers (d) EFFECTIVE DATE.—This section and the of Representatives. to the transferee within 10 calendar days amendments made by this section shall take from the date of the delivery of the handgun effect 180 days after the date of enactment of The SPEAKER pro tempore (Mr. to the transferee a secure gun storage or this Act. SIMPSON). Pursuant to House Resolu- safety device for the handgun. SEC. 6. ARMOR PIERCING AMMUNITION. tion 493, the gentleman from Wisconsin ‘‘(3) LIABILITY FOR USE.— (a) UNLAWFUL ACTS.—Section 922(a) of title (Mr. SENSENBRENNER) and the gen- ‘‘(A) IN GENERAL.—Notwithstanding any 18, United States Code, is amended by strik- tleman from Maryland (Mr. VAN other provision of law, a person who has law- ing paragraphs (7) and (8) and inserting the ful possession and control of a handgun, and following: HOLLEN) each will control 30 minutes. who uses a secure gun storage or safety de- ‘‘(7) for any person to manufacture or im- The Chair recognizes the gentleman vice with the handgun, shall be entitled to port armor piercing ammunition, unless— from Wisconsin (Mr. SENSENBRENNER).

VerDate Aug 31 2005 00:23 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.002 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8993 GENERAL LEAVE acted to address them, the fact remains Anyone who actually reads this bill Mr. SENSENBRENNER. Mr. Speak- that these lawsuits continue to be ag- will immediately realize that that er, I ask unanimous consent that all gressively pursued. The intended con- claim is patently false, and it is impor- Members may have 5 legislative days sequences of these frivolous lawsuits tant to note that some of the editorial within which to revise and extend their could not be more clear: the financial pundits apparently do not believe in remarks and include extraneous mate- ruin of the firearms industry. As one of reading the bills before they write and rial on S. 397, the bill currently under the personal injury lawyers suing publish. Under S. 397 a plaintiff would consideration. American firearms companies told the be permitted to conduct discovery to The SPEAKER pro tempore. Is there Washington Post, ‘‘The legal fees alone establish the facts and circumstances objection to the request of the gen- are enough to bankrupt the industry.’’ surrounding what happened to the fire- tleman from Wisconsin? Lawsuits seeking to hold the firearm while in the possession, custody, There was no objection. arms industry responsible for the and control of the dealer and how it Mr. SENSENBRENNER. Mr. Speak- criminal and unlawful use of its prod- came into the possession of the crimi- er, I yield myself such time as I may ucts are brazen attempts to accomplish nal shooters. A plaintiff would be per- consume. through litigation what has not been mitted to have his or her day in court Mr. Speaker, I rise in support of S. achieved by legislation and the demo- to try to establish whether the dealer 397, the Protection of Lawful Com- cratic process. Various courts have cor- knowingly violated or made any false merce in Arms Act. This legislation rectly described such suits as ‘‘im- entry in, or failed to make an appro- passed the Senate by more than a two- proper attempts to have the court sub- priate entry in, his records, which he is thirds vote this summer and contains stitute its judgment for that of the leg- required to keep pursuant to Federal the same legal reform provisions of islature.’’ As explained by another Fed- law. H.R. 800 sponsored by the gentleman eral judge, ‘‘the plaintiff’s attorneys I have here a report of violations simply want to eliminate handguns.’’ from Florida (Mr. STEARNS). The Com- filed by the Bureau of Alcohol, To- Personal injury lawyers are seeking mittee on the Judiciary considered and bacco, and Firearms regarding the to obtain through the courts stringent favorably reported H.R. 800 in May of Washington State gun dealer. It con- limits on the sale and distribution of this year. tains a record of dozens of violations of firearms beyond the court’s jurisdic- Federal law and quoting the following: Just like H.R. 800 and similar legisla- tional boundaries. A New York appeals tion that passed the House by more ‘‘The licensee’s,’’ that is, the dealer’s, court stated recently that ‘‘courts are ‘‘bound books were examined and com- than a two-thirds majority during the the least suited, least equipped, and last Congress, S. 397 will stop frivolous pared to the physical inventory. It was thus the least appropriate branch of initially determined that there were and abusive lawsuits against manufac- government to regulate and micro- turers and sellers of firearms or ammu- approximately 300 unaccounted for fire- manage the manufacturing, marketing, arms. These initial 300-plus unac- nition by prohibiting lawsuits result- distribution, and sale of handguns.’’ ing from the criminal and unlawful counted for firearms are considered in- Law enforcement, military personnel stances of failure to timely record dis- misuse of their products from being rely on the domestic firearms industry position information in the bound filed in Federal and State courts. to supply them with reliable and accu- record book.’’ It is important to stress at the outset rate weapons that can best protect So under S. 397 a lawsuit against that what this legislation does not do. First, them in the line of fire. The best and dealer could go forward, and I include the legislation does not preclude law- most reliable guns will not be those de- this report in the RECORD at this point. suits against a person who transfers a signed under the requirements personal DEPARTMENT OF THE TREASURY, BU- firearm or ammunition knowing it will injury attorneys seek to impose REAU OF ALCOHOL, TOBACCO, AND be used to commit a crime of violence through firearms lawsuits. Rather, FIREARMS or drug-trafficking crime. these lawsuits threaten to injure the REPORT OF VIOLATIONS Second, it does not prevent lawsuits domestic firearms industry, endanger Name and Address of Proprietor: Borgelt, against a seller for negligent entrust- the jobs of thousands of hard-working Brian & Carr, Charles N, Bulls Eye Shooters ment or negligence per se. Americans, and provide to foreign man- Supply, 114 Puyallup Ave., Tacoma, WA Third, the bill includes several addi- ufacturers an unfair advantage. 98421. tional exceptions, including an excep- One abusive lawsuit filed in a single License / Permit Registry Number (if any): 991053013E38708. tion for actions in which a manufac- county could destroy a national indus- County (F&E only): Pierce. turer or seller of a qualified product try and deny citizens nationwide the Expiration Date (if any): 5/12/2003. knowingly violates any State or Fed- right to keep and bear arms guaranteed Date(s) or Period of Inspection: 10/25/2002 eral statute applicable to sales or mar- by the Constitution. Insofar as these through 11/02/2002. keting when such violation was the lawsuits have the practical effect of INSTRUCTIONS proximate cause of the harm for which burdening interstate commerce in fire- Please write firmly with a ball point pen relief is sought. arms, Congress has the authority to when completing this form. AFT officers will Finally, the bill contains additional act under the commerce clause of the prepare this form in quadruplicate. The exceptions for breach of contract or Constitution. The Lawful Commerce in original copy and the suspense copy (where required) will be given to the proprietor or a warranty in connection with the pur- Arms Act, by prohibiting abusive law- responsible person representative. The re- chase of a firearm or ammunition, and suits against the firearms industry, maining copies will be submitted with the an exception for actions for damages supports core federalism principles ar- completed inspection report. Supervisors resulting directly from a defect in de- ticulated by the United States Su- will detach one copy from the completed resign or manufacture of a firearm or preme Court, which has made it clear port for their files. Where corrective action ammunition. that ‘‘one State’s power to impose bur- cannot be taken during inspection, propri- Recent trends in abusive litigation dens on the interstate market . . . is etors will submit the suspense copy to the not only subordinate to the Federal Area Supervisor as soon as the required cor- have inspired lawsuits against the fire- rections have been made. arms industry on the theory of liabil- power over interstate commerce but is INSPECTION RESULTS also constrained by the need to respect ity that would hold it financially re- An examination of your premises, records sponsible for the actions of those who the interests of other States . . . ’’ and operations has disclosed the following use their products in a criminal or un- Before closing, I think it is impor- violations which have been explained to you: lawful manner. Such lawsuits threaten tant to set the record straight on one Reference Number: 1. to rip tort law from its moorings in item. Some news outlets have claimed Nature of Violation: 27 CFR section personal responsibility and may force that this legislation would have barred 178.124(a). Failure to maintain ATF F4473s recording firearm transfers to non-licensees. firearms manufacturers into bank- a lawsuit involving the D.C. sniper and the gun the sniper obtained after it was Information obtained from the Washington ruptcy. Department of Licensing indicates 25 hand- stolen from a Washington State gun b 1030 gun transfers to nonlicensed individuals for shop that did not keep track of its in- which you had no completed ATF F4473s. Ad- While some of these lawsuits have ventory and did not realize that the ditionally, 5 firearms transfers to non- been dismissed and some States have guns were stolen. licensed individuals were located in your

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.010 H20OCPT1 H8994 CONGRESSIONAL RECORD — HOUSE October 20, 2005 computer sales records for which you had no Report Bushmaster rifle, model PCWA3X, negligently, put guns in the hands of ATF Form 4473s. Serial number L284320 on an ATF F F3310.11, criminals will not be held responsible Citation: 27 CFR 178. Licensee Theft/Loss Report, and make note for their wrongful actions. And it is a Date Planned Correction: in the bound book. sad day, Mr. Speaker, in this body Corrective Action: The licensee shall en- I Have Received a Copy of This Report of deavor to locate the required disposition Violations (Proprietor’s signature and title): when special interests and the gun in- records, such as ATF F4473s, in order to show Date: dustry exert such influence that they evidence that a proper transfer occurred. Signature and Title of Inspection Officer: are able to convince the Congress to Reference Number: 2. Sandra Y. Sherlock, ATF Inspector. strip innocent victims of crimes of Nature of Violation: 27 CFR section Date: 11/04/2002 their rights and instead extend protec- 178.124(b). Failure to keep ATF F4473s in al- PROPRIETOR’S CERTIFICATION tions to those unscrupulous dealers phabetical, chronological, or numerical Note: Proprietors must notify the ATF of- order. who put guns into the hands of crimi- ficial below when corrective actions required The inspection uncovered an area behind nals. as a result of this inspection have been com- the store register where ATF F4473s were Now, proponents of this legislation pleted. Failure to notify ATF may subject kept. The area comprised of one lateral file proprietors to a recall inspection or to other will tell us that most gun dealers in cabinet drawer and a stack of forms. There administrative action. our Nation are honest and law abiding. were 1257 unfiled ATF F4473s. Filing by stock Mail or Delivery to (Address): Area Super- I agree. That is true. In fact, the Bu- # is not an acceptable method of filing ATF visor, Bureau of Alcohol, Tobacco, and Fire- reau of Alcohol, Firearms, and Tobacco F4473s. arms, 915 2nd Avenue, Room 790, Seattle, WA Citation: 27 CFR 178. has found that about 1 percent, about 1 98174. Date Planned Correction: percent, of gun dealers are responsible Corrective Action: The licensee shall im- CERTIFICATION for nearly 60 percent of the guns that mediately file ATF F4473s that were found I certify that the corrective actions re- are traced to crimes. So if most gun unfiled during the inspection, including any quired as a result of this inspection have dealers are honorable and responsible future completed ATF F4473s. been completed. citizens, why do they need protection? Reference Number: 3 Signature and Title of Proprietor: They do not. The real beneficiaries of Nature Of Violation: 27 CFR section Other Remarks 178.124(c)(3)(iii). Failure to properly record this legislation are those small handful Mr. SENSENBRENNER. Mr. Speak- of dealers who are negligently putting on ATF F 4473 the date on which the licensee er, this commonsense legislation is contacted the NICS, response provided by guns in the hands of criminals. It is long overdue. Congress must fulfill its the system, and/or any identification number protecting the bad apples. It is giving provided by the system. constitutional duty, then exercise its them a green light to go ahead and say There were 14 ATF F 4473s that did not authority under the commerce clause I see nothing when they are engaged in record this information. to deny a few State courts the power to sales to wrongdoers. Citation: 27 CFR 178. bankrupt the national firearms indus- Date Planned Correction: try and deny all Americans their fun- The proponents of this bill, as we Corrective Action: The licensee shall en- damental constitutionally guaranteed have heard, will tell us it is only insure that the complete background check in- right to bear arms. I urge the passage tended to stop so-called ‘‘frivolous law- formation is properly entered in the des- suits.’’ That notion has been soundly ignated area on the ATF F 4473. of this critical legislation. Mr. Speaker, I reserve the balance of rejected by victim advocates across Reference Number: 4 this country, and it is an insult to the Nature Of Violation: 27 CFR 178.125(e). my time. Failure to record dispositions made in the Mr. VAN HOLLEN. Mr. Speaker, I victims who seek redress against those bound books. yield myself such time as I may con- dealers who profit from negligently The licensee’s bound books were examined sume. selling to violent predators. and compared to the physical inventory. It Mr. Speaker, I rise in strong opposi- Let us focus for a minute on the vic- was initially determined that there were ap- tion to this dangerous and misguided tims of gun crimes in our country. proximately 300 unaccounted for firearms. bill that would exempt gun dealers Should we not be protecting them? These initial 300+ unaccounted for firearms Why do we not have a bill entitled the are considered instances of failure to timely from liability even when they neg- record disposition information in the bound ligently sell weapons to criminals. ‘‘Protection of Gun Violence Victims’’ record book. It is particularly distressing that we on the floor today? Let us look at some Some ways of locating proper disposition are taking up this bill at this par- cases. We have talked about the sniper of these missing firearms included: 70 ATF ticular time. It was just 3 years ago case. I differ strongly with the chair- Forms 4473 filed that did not get properly en- this month, in October, when the com- man of the committee, and the bill, as tered as bound book dispositions; 25 handgun munity that I represent right outside the testimony has made clear, would transactions determined through the State not have allowed that suit to go for- of Washington Dept. of Licensing with no here of Washington, DC was terrorized bound book entries; at least 10 dispositions by two snipers, who left 10 people dead ward. I represent that area where so to other licensees unrecorded; and at least 6 and three people injured. The snipers many people lost their lives 3 years ago dispositions to nonlicensees located in com- obtained their weapons from a neg- this month. On many sunny days when puter sales records that have no proper dis- ligent gun dealer in Washington State. the snipers gunned down people who position. Mr. Speaker, I have been struck by were going about their ordinary busi- Even after using various sources, 78 fire- how some people in this institution and ness, filling up their gas at gas sta- arms remain missing at the close of this in- other places believe that the name tions, shopping at grocery stores, cut- spection with no idea of where they went. ting their grass, a child who was going List provided to licensee. given to a bill will somehow fool the Citation: 27 CFR 178. American people as to what the bill ac- to school. Before those snipers were Date Planned Correction: tually does. This bill has the title on it caught, they killed 10 people and Corrective Action: The licensee shall re- Protection of Lawful Commerce in wounded three. The snipers have been search and resolve all unaccounted open dis- Arms Act. In fact, what the bill does is caught, convicted, and they are behind positions, and properly record the 70 ATF F to make lawful many negligent actions bars. 4473 dispositions into the bound books. that today are unlawful. What it actu- The snipers carried out those attacks See attached list of 78 firearms unaccounted for and report them on an ATF F ally does is protect those gun dealers with a Bushmaster XM–15 semiauto- 3310.11, Licensee Theft/Loss Report. who are engaged in wrongful, negligent matic .223 caliber rifle. The rifle came See list of firearms that no ATF F 4473s sales of weapons to criminals. How from Bull’s Eye Shooter Supply in Ta- have been located on but other records of does it do it? Very simple. It lowers the coma, Washington, which had an exten- transfer have been: such as 25 firearms iden- legal standard of care that gun dealers sive history of firearms violations and tified by the Washington Department of Li- must today exercise to prevent guns had not reported the rifle as missing as censing and computer records indicating a from falling into the hands of crimi- required by Federal law because they sale but no other information in regards to nals. said they did not know the rifle was the transfer. In addition, the licensee will annotate the As a result, the passage of this bill missing. According to the ATF, this bound book disposition entries with date, will make it easier, easier, for crimi- store and its owner had a long history name, and address and note that no ATF F nals to get weapons and it will ensure of firearms sales and records viola- 4473 exists. that those gun dealers who negligently, tions.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.003 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8995 On January 16, 2003, the families of your strong opposition to any legislation Sterling Epps, President, Association of many of the victims of the sniper at- granting the gun industry special legal im- Former Customs Agents, Northwest Chapter tacks who were killed brought a law- munity. S. 397 would strip away the legal (WA); Chief Dean Esserman, Providence Po- suit against that gun store for their rights of gun violence victims, including law lice Dept. (RI); and Captain Mark Folsom, losses and injuries. The victims of that enforcement officers and their families, to Kansas City Police Dept. (MO). seek redress against irresponsible gun deal- Chief Charles J. Glorioso, Trinidad Police heinous crime spree received a $2.5 mil- ers and manufacturers. lion settlement. Let us be clear. If this Dept. (CO); Superintendent Jerry G. Gregory The impact of this bill on the law enforce- (ret), Radnor Township Police Dept. (PA); law had been in effect at that time, ment community is well illustrated by the Chief Jack F. Harris, Phoenix Police Dept. those victims and their families would lawsuit brought by former Orange, New Jer- (AZ); Chief (Ret.) Thomas K. Hayselden, have received nothing. In fact, this bill sey police officers Ken McGuire and David Shawnee Police Dept. (KS); Terry G. Hillard, was being debated on the floor of this Lemongello. On January 12, 2001, McGuire Retired Superintendent, Chicago Police House 3 years ago this month when and Lemongello were shot in the line of duty Dept. (IL); Steven Higgins, Director (Ret.) those killings were going on, and this with a trafficked gun negligently sold by a ATF; Chief Ken James, Emeryville Police West Virginia dealer. The dealer had sold the Dept. (CA); Chief Calvin Johnson, Dumfries House realized how bad it would look gun, along with 11 other handguns, in a cash to victimize those people twice, to Police Dept. (VA); Chief Gil Kerlikowske, Se- sale to a straw buyer for a gun trafficker. In attle Police Dept. (WA); Deputy Chief Jef- have them victimized once by the snip- June 2004, the officers obtained a $1 million ers and again by the United States frey A. Kumorek, Gary Police Dept. (IN); De- settlement from the dealer. The dealer, as tective John Kotnour, Overland Park Police Congress by denying their day in court, well as two other area pawnshops, also have Dept. (KS); Detective Curt Lavarello, Sara- and that is why this House decided to implemented safer practices to prevent sales sota County Sheriffs Office (FL); Chief Mi- withdraw the bill at that time from to traffickers, including a new policy of end- chael T. Lazor, Willowick Police Dept. (OH); consideration from the floor of the ing large-volume sales of handguns. These Sheriff Simon L. Leis, Jr., Hamilton County House. Here we are 3 years later com- reforms go beyond the requirements of cur- Sheriffs Dept. (OH); and Sheriff Ralph Lopez, ing back and passing legislation that rent law and are not imposed by any manu- Bexar County Sheriff (TX). facturers or distributors. would have denied them their right. If immunity for the gun industry had been Chief Cory Lyman, Ketchum Police Dept. Shame on us. enacted, the officers’ case would have been (ID); Chief David A. Maine, Euclid Police Let us talk about another case. In thrown out of court and justice would have Dept. (OH); Chief J. Thomas Manger, Mont- New Jersey, June, 2004, two former New been denied. Police officers like Ken gomery County Police Dept. (MD); Chief Jersey police officers, Ken McGuire McGuire and Dave Lemongello put their Burnham E. Matthews, Alameda Police Dept. and Dave Lemongello, were shot in the lives on the line every day to protect the (CA); Chief Michael T. Matulavich, Akron line of duty with a trafficked gun that public. Instead of honoring them for their Police Dept. (OH); Chief Randall C. McCoy, had been negligently sold by a West service, legislation granting immunity to Ravenna Police Dept. (OH); Sergeant Mi- the gun industry would deprive them of their chael McGuire, Essex County Sheriff’s Dept. Virginia dealer. Those two officers re- (NJ); Chief William P. McManus, Min- ceived a $1 million settlement for the basic rights as American citizens to prove their case in a court of law. We stand with neapolis Police Dept. (MN); Chief Roy negligence of this dealer. The dealer officers McGuire and Lemongello in urging Meisner, Berkley Police Dept. (CA); Sheriff had sold the gun along with 11 other you to oppose such legislation. Al Myers; Delaware County Sheriff’s Office handguns in a cash sale to a straw Sincerely, (OH); Chief Albert Najera, Sacramento Po- buyer, a trafficker, someone who got International Brotherhood of Police Offi- lice Dept. (CA); Chief Mark S. Paresi, North the guns because he could legally ob- cers (AFL–CIO Police union). Las Vegas Police Dept. (NV); Sheriff Charles tain them but then turned around and Major Cities Chiefs Association (Rep- C. Plummer, Alameda County Sheriffs De- sold them to a criminal who com- resents our nation’s largest police depart- partment (CA); Chief Edward Reines, ments). Yavapat-Prescott Tribal Police Dept. (AZ); mitted the crimes. If this bill had been National Black Police Association (Nation- Chief Cel Rivera, Lorain Police Dept. (OH). in effect then, that case would have wide organization with more than 35,000 been dismissed and justice for those po- Officer Kevin J. Scanell, Rutherford Police members). Dept. (NJ); Robert M. Schwartz, Executive Hispanic American Police Command Offi- lice officers would have been denied. Director, Maine Police Dept. (ME); Chief cers Association (Serving command level And because of that, many law enforce- Ronald C. Sloan, Arvada Police Dept. (CO); staff and federal agents). ment officers and organizations have Chief William Taylor, Rice University Police written a letter opposing this bill, a National Latino Peace Officers Associa- tion. Dept. (TX); Asst. Chief Lee Roy Villareal, copy, Mr. Speaker, which I will insert The Police Foundation (A private, non- Bexar County Sheriffs Dept. (TX); Chief in the RECORD. profit research institution). (Ret) Joseph J. Vince, Jr., Crime Gun Anal- Should we not be trying to create ad- Michigan Association of Chiefs of Police. ysis Branch, ATF (VA); Chief Garnett F. ditional incentives to improve the Rhode Island State Association of Chiefs of Watson, Jr., Gary Police Dept. (IN); and Hu- business practices of these gun dealers, Police. bert Williams, President, The Police Founda- Maine Chiefs of Police Association. tion (DC). not give them a green light to be neg- Departments listed for identification pur- ligent? What happened to protecting poses only: Sergeant Moises Agosto, Mr. VAN HOLLEN. Mr. Speaker, I re- the victims? This bill does just the op- Pompton Lakes Police Dept. (NJ); Sheriff serve the balance of my time. posite. It provides a shield to an indus- Drew Alexander, Summit County Sheriff’s Mr. SENSENBRENNER. Mr. Speak- try that should be providing a standard Office (OH); Sheriff Thomas L. Altiere, er, I yield 2 minutes to the gentleman Trumbull County Sheriff’s Office (OH); Di- of care at least equal to other indus- from Texas (Mr. SMITH). tries and businesses. Why do we want rector Anthony F. Ambrose III, Newark Po- to make the gun industry the most lice Dept. (NJ); Chief Jon J. Arcaro, Mr. SMITH of Texas. Mr. Speaker, I protected industry in America? Conneaut Police Dept. (OH); Officer Robert thank the gentleman from Wisconsin It is inconceivable that we are here C. Arnold, Rutherford Police Dept. (NJ); (Mr. SENSENBRENNER), the chairman of Chief Ron Atstupenas, Blackstone Police today at the behest of the gun industry the Committee on the Judiciary, for Dept. (MA); Sheriff Kevin A. Beck, Williams yielding me this time. to provide immunity that no other in- County Sheriff’s Office (OH); Detective Sean dustry enjoys and at the expense of the Burke, Lawrence Police Dept. (MA); Chief Mr. Speaker, my home State of Texas victims of gun violence. This bill will William Bratton, Los Angeles Police Dept. is well known for the number of resi- shut the courthouse doors on many vic- (CA); Special Agent (Ret) Ronald J. Brogan, dents who enjoy hunting and value tims who have legitimate claims. Drug Enforcement Agency; and Chief Thom- their right to own a gun. Today fire- In the interest of truth in adver- as V. Brownell, Amsterdam Police Dept. arms are found in half of all Texas tising, the real name of this bill should (NY). households. A State law similar to S. be the ‘‘Protection of Negligent Gun Chief (Ret) John H. Cease, Wilmington Po- lice Dept. (NC); Chief Michael Chitwood, 397 which protects the gun industry Dealers Act.’’ Portland Police Dept. (ME); Chief William from frivolous lawsuits, in fact, is al- I urge my colleagues to oppose this. Citty, Oklahoma Police Dept. (OK); Chief ready in effect. OCTOBER 19, 2005. Kenneth V. Collins, Maplewood Police Dept. Texans, like most Americans, use Re: Law Enforcement Opposition to S. 397. (MN); Chief Daniel G. Davidson, New Frank- guns for recreation, hunting, and perlin Police Dept. (OH); Asst. Director Jim U.S. CONGRESS, sonal protection. Unfortunately, there U.S. SENATE, Deal, US Dept. Homeland Security, Reno/ Washington, DC. Lake Tahoe Airport (NV); Chief Gregory A. are some people who want to make gun DEAR SENATOR: As active and retired law Duber, Bedford Police Dept. (OH); Captain manufacturers liable for what other enforcement officers, we are writing to urge George Egbert, Rutherford Police Dept. (NJ); others do with their firearms.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.012 H20OCPT1 H8996 CONGRESSIONAL RECORD — HOUSE October 20, 2005 Our courts are already overloaded one of the guns on a street in Philadel- acted, would nullify these decisions, rewriting with frivolous lawsuits designed to top- phia and accidently shot the mother’s and subverting the common law of those ple industries that manufacture prod- 7-year-old son, is there some reason, States, and then, only with respect to a par- ucts a few individuals in our society Mr. Speaker, we should not have these ticular industry. have decided are not safe or appro- kinds of lawsuits? Is there some rea- In the past iteration of this legislation, I of- priate for Americans to have. son, Mr. Speaker, that this now putting fered an amendment that would exempt from b 1045 forward only a negligence per se excep- the scope of the bill any lawsuit brought by a tion will, in fact, disallow States like plaintiff who was harmed as the result of an It is the typical liberal mindset. Arkansas, Louisiana, Maine, Massachu- unlawful transfer of a machine gun, semi-auto- They know better than other people setts, Nebraska, North Dakota, Rhode matic assault weapon, or large capacity am- what is best for them. Island, Vermont, Washington, West munition feeding device. If this bill does not pass, Texans and Virginia, the citizens in those par- The U.S. Code, in Section 922 of Title 18, other Americans will be less able to ticular States cannot sue at all because makes it unlawful for a person from transfer or protect themselves from burglars, rap- they cannot meet the standard because possess a machine gun, semi-automatic as- ists, and murderers. there is no such standard as negligence sault weapon, or large capacity ammunition The Department of Justice estimates per se? feeding device. that 1.5 million Americans every year It is unfortunate that the amend- In addition, before the Committee on Rules defend themselves using a firearm. ments that we were prepared to offer earlier this week, I joined my colleague from The Constitution protects all Ameri- were not accepted; and as presently California, Ms. LOFGREN in offering an amend- cans’ right to bear arms. The second written, H.R. 800 makes individuals ment captioned ‘‘Lofgrel044,’’ that proposes amendment states, ‘‘The right of the who sell machine guns, semiautomatic an additional exception to the definition of people to keep and bear arms shall not weapons, and large capacity ammuni- ‘‘qualified civil liability action’’ for law enforce- be infringed.’’ tion feeding devices immune from that ment officers acting in that capacity. This leg- Mr. Speaker, to allow frivolous law- lawsuit, the same kind of bill that we islation creates very overbroad prohibitions for suits to constrain the right of Ameri- have here before us. civil lawsuits against manufacturers, distribu- cans to lawfully use guns is both irre- In my own State of Texas, a San An- tors, dealers, or importers of firearms, and this sponsible and unconstitutional. tonio police officer named Hector amendment seeks to protect one of many I urge my colleagues to support this Garza was brutally murdered when he classes of parties that might be aggrieved as legislation. responded to a family violence call. His a result of firearm use. Mr. VAN HOLLEN. Mr. Speaker, I assailant was armed with a MAC–10 While I do sit on the Committee on Home- yield 3 minutes to the gentlewoman semiautomatic pistol and AK–47 as- land Security, one does not have to sit on this from Texas (Ms. JACKSON-LEE). sault rifle. The shooter also murdered body to know that our first responders need (Ms. JACKSON-LEE of Texas asked his wife and shot his uncle in the leg. and deserve protection from unintended situa- and was given permission to revise and Police Chief Al Phillips said that with tions. These men and women sit at the front extend her remarks.) the fire power the shooter possessed, line and are the first to act when our Nation Ms. JACKSON-LEE of Texas. Mr. the incident might have turned into a is threatened. The de minimis effort that we as Speaker, I really wish that today we bloodbath and he could have killed legislators can give is to protect legitimate could exercise our conscience and vote multiple officers. claims filed by them in connection with the use without the interference of the Na- This is wrong-headed and mis- of firearms. tional Rifle Association. directed. It is time now for us to vote The amendment did not say that gun deal- I do believe in the second amend- this legislation down. What a shame ers should be liable simply because they sold ment, the Bill of Rights, that indicates for the NRA to buy this Congress. a gun that was used in a crime, nor does it that you are allowed to bear arms; but Mr. Speaker, I oppose this legislation, S. say that the families of all 297 officers shot to this legislation has nothing to do with 397, the Protection of Lawful Commerce in death between 1997 and 2001 should be able the first or the second amendments, Arms Act, just as I did with my colleagues in to recover. It simply stated that when a gun freedom of expression or the right to the case of H.R. 800 in the Judiciary Com- dealer sells 12 or 50 or 100 guns to a person bear arms. mittee and H.R. 1036 during the 108th Con- who is clearly going to turn around and sell More than 10 years ago, as a member gress. Just as in the case of the malignant those guns on the street, that dealer should of the Houston City Council, I passed Bankruptcy legislation, S. 256, that finessed be held accountable. Now, the proponents of the first gun safety legislation that itself to the House floor for consideration and this bill may argue that the negligence per se held parents responsible for guns in then to passage into law, H.R. 1036 passed in exception protects police officers because it their homes, that children were then Committee body last Congress without having allows suits against dealers who violate other able to take and cause a tragedy. I re- given many members the opportunity to have statutes, like the Brady Act. But that is simply member the physician of the Texas very substantive amendments considered— not true. It would not have protected Mr. Medical Center, Texas Children’s Hos- shielded by ‘‘parliamentary inquiry.’’ Lemongello, who brought his suit in a State pital Emergency Room, coming and So too did Members have very important that does not recognize the doctrine of neg- testifying. I remember a parent coming proposals to improve this very troubled piece ligence per se. I would also point out that this and holding a very limp child, a para- of legislation. S. 397, like its predecessor and bill steps all over States’ rights. As we’ve plegic. They stood before us and they House companion in the 108th Congress, seen, with the Schiavo case and other tort re- said this is the result of a shooting by seeks to shield irresponsible gun manufactur- form efforts, the leadership of the House is all a gun by a child who got the gun be- ers, vendors, dealers, distributors, and import- too eager to ignore principles of federalism cause of an irresponsible parent. That ers from liability under the guise of protection when it suits their ideological needs. I believe has not stopped the State of Texas and from ‘‘frivolous lawsuits.’’ that this bill is just another example of that hunters from going to hunt. In fact, it As the Democrats of this Committee stated principle. has been noted that it saved lives and quite eloquently in its ‘‘Dissenting Views’’ More than 30,000 gun deaths occur each saved dollars. (108–59), courts around the country have rec- year, so the almost blanket immunization from Here we now have legislation with a ognized that precisely the types of cases that suit proposed in this legislation represents blocked rule that suggests that no one would be barred by this bill are grounded in nothing more than an unwarranted and unjust can sue, no one can bring a suit of li- well-accepted legal principles, including neg- special interest giveaway to the powerful gun ability against gun manufacturers, and ligence, products liability, and public nuisance. lobby and a shameful attack on the legal we are now suggesting that this is em- These courts have held that those who make rights of countless innocent victims of gun vio- bedded in the likes and the hearts of and sell guns—like all others in society—are lence. Never before has a class of persons the second amendment. obligated to use reasonable care in selling and harmed by the dangerous conduct of others Is it the second amendment that says designing their product, and that they may be been wholly deprived of the right to legal re- to a Philadelphia mother who won a liable for the foreseeable injurious con- course. settlement of only $850,000 from a gun sequences of their failure to do so even if The Lofgren-Jackson Lee amendment would dealer who negligently sold multiple those foreseeable consequences include un- have protected the right to sue for members of guns to a gun trafficker, a child found lawful conduct by third parties. This bill, if en- the law enforcement community along with

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K20OC7.013 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8997 their spouses or next of kin in the event of ness of gun distributors an opportunity to sue. remedies for damages resulting from their wrongful death. I urge my colleagues to At the very least, the victims of gun violence defects or design in the manufacture of support this important amendment. and their families deserve an opportunity to products. As presently written, H.R. 800 makes those have their claims heard by a judge and jury. The bill provides no shelter to those individuals who sell machine guns, semi-auto- It is certainly foreseeable that some guns who would sell firearms illegally. It matic weapons, and large capacity ammuni- will accidentally fall into the hands of children does not affect suits against anyone tion feeding devices immune from suit. It and serious injuries or tragic deaths may re- who has violated other State or Fed- makes no sense that the sellers of weapons sult. Those gun distributors and sellers who eral laws. that have been banned by Congress can fail to conduct adequate background checks, This bill is a commonsense measure avoid civil liability when the guns they sell are or fail to take other measures to ensure that to eliminate lawsuits which unjustly used in crimes. guns to do not fall into criminal hands should interrupt the legal sale of a legal prod- Congress has enacted this ban on machine not be free from liability. Gun merchants have uct. guns, semi-automatic assault weapons, and a responsibility to conduct their business safe- A majority of States, including my large capacity ammunition feeding devices for ly and protect the lives of children. When they home State of Virginia, enacted simi- an obvious reason—these assault weapons fail to do so they should be held accountable lar laws prohibiting these suits. are dangerous. in a court of law. With our votes today, we will provide The deadly characteristics of semi-automatic Gun manufacturers and merchants should a much-needed additional response. I weapons and assault rifles was tragically illus- be liable in courts of law when their negligent urge approval of the measure. trated in my home state of Texas. A San Anto- acts result in the death or injury to a minor. Mr. VAN HOLLEN. Mr. Speaker, I nio police officer named Hector Garza was Mr. Speaker, this is a bad bill, and the wish my colleague from Virginia would brutally murdered when he responded to a amendments that strive to make some im- come meet with 10 families from the family violence call. His assailant was armed provements that will provide relief to parties Washington area who had victims with a Mac–-10 semi-automatic pistol and an that need protection were closed out without killed during the sniper attacks 3 years AK–47 assault rifle. The shooter also mur- consideration. For the reasons above stated, I ago, as well as the police officers from dered his wife and shot his uncle in the leg. reject this legislation and I urge my colleagues New Jersey, and tell them that those Police Chief Al Phillipus said that with the fire- to join me. lawsuits were frivolous lawsuits. power the shooter possessed the incident Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, I yield 2 minutes to the ‘‘might have turned into a bloodbath’’ and he er, I yield 2 minutes to the gentleman gentleman from California (Mr. FARR). ‘‘could have killed multiple officers.’’ from Virginia (Mr. BOUCHER), my Mr. FARR. Mr. Speaker, I rise in I will offer this amendment because the ex- Democratic colleague on the Com- strong opposition to this bill. ceptions to the general ban on lawsuits mittee on the Judiciary. I would first like to say that I sup- against gun manufacturers and merchants is (Mr. BOUCHER asked and was given port the rights of gun owners and hunt- too narrow. One such narrow exception allows permission to revise and extend his reers, but this bill makes it clear this is the victims of gun violence to sue a gun seller marks.) not about the second amendment. This only if the gun purchaser is subsequently con- Mr. BOUCHER. Mr. Speaker, I thank bill is about a direct assault on our victed of the gun-related crime. the gentleman for yielding me time. civil justice system that endorses un- This exception is insulting to the victims of I rise in support of S. 397, the Protec- scrupulous corporate behavior. gun violence. It prioritizes the rights of neg- tion of Lawful Commerce in Firearms Once again, with this bill, democracy ligent gun sellers and criminals before the Act. has been thwarted by bringing this bill rights of the victims of gun violence. It will prohibit lawsuits against fire- to the floor. Very reasonable amend- H.R. 800 should be amended to allow the arms manufacturers, legal distributors, ments were offered, but the majority victims of gun violence to seek civil damages dealers or importers for damages re- adopted a restrictive rule that pre- when there are allegations of wrongdoing. sulting from the misuse of a firearm by vented them from being heard on the Under this amendment, the victims of gun vio- a third party. floor today. lence will not have to wait for a criminal con- The bill is very similar to a House One of those amendments would have viction in order to seek justice. bill that I joined with the gentleman expanded the ban on armor-piercing To make those individuals who sell Con- from Florida (Mr. STEARNS) in spon- bullets also. For God’s sake, who in gressionally banned machine guns, semi-auto- soring earlier this year. Our House bill this country needs to own armor-pierc- matic assault weapons, and large capacity achieves the same objectives as the ing bullets? ammunition feeding devices liable for their Senate bill now before us, and the We are not legislating via the in- negligent acts. I also offer this amendment so House bill has been cosponsored by 257 tended democratic process. The people that the victims of gun violence can seek civil Members of this body. of this country want and deserve an damages prior to the conviction of the gun The lawsuits against the firearms in- open and participatory government, purchaser. dustry are nothing more than thinly not law by fiat. In addition, I will offer an amendment that veiled attempts to circumvent the leg- I urge a strong ‘‘no’’ vote on this bill. will exempt from the scope of the bill those islative process and achieve gun con- Mr. SENSENBRENNER. Mr. Speak- lawsuits involving injury or death to minors trol through litigation. er, I yield 5 minutes to the gentleman under the age of 16. Frustrated that Congress and most from Florida (Mr. STEARNS), the prin- As presently written, S. 397 prohibits all civil State legislatures have rejected re- cipal author of the bill. lawsuits against gun manufacturers, dealers, peated attempts to have gun control (Mr. STEARNS asked and was given distributors, and trade associations for dam- imposed, some have now turned to the permission to revise and extend his re- ages resulting from the criminal or unlawful courts in their effort to limit the legal marks.) gun use by the injured person or a third party. availability of firearms. Mr. STEARNS. Mr. Speaker, I thank There are a few limited exceptions to the I want for my constituents and for the distinguished chairman of the Com- overall ban. However, none of the exceptions all Americans to be able to purchase mittee on the Judiciary for his help in in the bill protects the rights of minors, or the guns for lawful purposes. The vast ma- bringing this bill to the floor. He has parents of minors, to sue for civil damages jority of gun owners use their firearms been a leader on this bill in shep- when a minor is injured or killed by a gun that responsibly. They should not be re- herding it through the Committee on is negligently or recklessly manufactured or stricted in their future purchases be- the Judiciary time and time again. distributed. cause the threat of lawsuits has ren- I also want to thank my colleague As it is presently written, a gun merchant dered the American market economi- from Virginia (Mr. BOUCHER) for intro- could negligently or recklessly sell a gun to a cally unattractive for the manufactur- ducing this bill with me through the criminal. That gun could then be used to seri- ers. last three sessions of Congress and all ously injure or kill a minor. Under S. 397, the While the bill before us will prohibit the other Members who have strongly negligent gun seller would be immune from lawsuits against manufacturers and supported the Protection of Lawful any civil liability. others in the chain of distribution Commerce in Arms Act over the years. It is absurd to deny the families of children based upon misuse of the firearm, it Mr. Speaker, this is a bipartisan bill. killed or injured by the negligence or reckless- does not interfere with traditional Almost the same bill passed this House

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.009 H20OCPT1 H8998 CONGRESSIONAL RECORD — HOUSE October 20, 2005 on this floor 285 to 140. Over 60 Demo- We must also consider that just the With that being said, there are people crats supported it. mere threat of these suits or taking out there that need to protect our vic- This legislation will stop baseless the first couple of legal steps to defend tims, and they should be protecting our lawsuits against gun manufacturers or these suits simply can be enough to victims. My family went through a ter- dealers based on the criminal or unlaw- force some of the smaller companies rible tragedy years ago, and it was be- ful third-party misuse of firearms. out of business. As one proponent of cause of gun violence. This may seem like an obvious idea. this tactic once bragged, we are going Now, they are saying that the gun in- After all, would we hold a car company to make the gun industry die a ‘‘death dustry has nothing to do with the per- responsible if a driver gets drunk or by a thousand cuts.’’ son that buys the gun. Well, I say they reckless and hits somebody with a ve- This legislation will end these coer- do have a purpose. We know that the hicle? Of course not. This is the United cive and undemocratic lawsuits. gun industry, when they ship the guns States of America where we are respon- I remind my colleagues and those to gun dealers, and then a gun is used sible for our own actions; but yet these who are watching at home that this in the commission of a crime, through frivolous lawsuits against a vital, le- legislation is very narrowly tailored to the tracing it goes back to the gun gitimate and perfectly lawful industry allow suits against any bad actors to dealer to say that this store bought the have continued unabated for the last proceed. It includes carefully crafted gun from here. They keep statistics on several years in the simple hope of exceptions to allow legitimate victims this. In New York State, over 60 per- bankrupting this industry. their day in court for cases involving cent of the guns used in crime are This is a commonsense, logical piece defective firearms, breaches of con- traced back to the manufacturers. of legislation whose time has come. tract, criminal behavior by a gun With that being said, the majority of The States, the courts and the Amer- maker or seller, or the negligent en- our gun stores are legitimate owners. ican people have decided again and trustment of a firearm to an irrespon- But again, 1 percent is causing over 60 again that these harmful and baseless sible person. percent of the harm in this Nation. lawsuits are unfair and must be done In conclusion, Mr. Speaker, I am With this bill that is going to be passed away with. pleased that we are voting on this bill. today, and it will be passed today and If anyone does not believe me, let us It has been a 6-year effort. It is with a will be signed by the President, is not take a look at this map. It shows that great deal of satisfaction to the 257 bi- doing any favor for the citizens of the 33 States, or two-thirds of the United United States. States, have laws prohibiting these partisan cosponsors that this bill, H.R. Our courts are working, and they same frivolous lawsuits. These States 800, as amended by the Senate and should continue to work. But again, it consider it fair and just to prevent passed by the Senate two to one, 65 to comes down to where the victims these junk lawsuits. I am proud to say 31, is poised to pass in this Congress as should be allowed to have their day in my home State of Florida is one of a bipartisan law. court. What we are doing to the gun in- those States. The bill we are consid- I urge my colleagues to join with us dustry is allowing them to have a blan- ering today is designed to simply mir- in voting for this piece of legislation. ror these States and what they have Mr. VAN HOLLEN. Mr. Speaker, it ket, a blanket. My colleagues say that done to provide a unified system of seems that the charts that my col- we can have our day in court. The laws United States-wide. league showed listing all the lawsuits hoops that they will have to go There have also been dozens and doz- actually make the case for how the through will make it near impossible. ens of lawsuits at the local, State, and system is working because, as he The States that have the right, Federal levels which have rejected this knows, many of those cases have been through their attorneys general, to sue theory that gun manufacturers should dismissed by the court. The court the gun manufacturers should have be held liable for what violent crimi- looked at them; and those cases that their day in court. We are not looking nals do with their lawful products. were frivolous, it decided to dismiss. to put anyone out of business. We are I have three charts here which list in So why are we trying to change the not looking to take the right of some- detail these cases. It is really quite im- rules? It is because there are some one to own a gun, but the gun industry pressive the number of these frivolous cases that have merit, like the sniper and these bad dealers are costing this lawsuits that have been rejected out of cases and others, that would continue country over $100 billion in health care hand. to go through, and under this legisla- every single year, and here we are If my colleagues would bear with me, tion, they will not. Why change the going to give them blanket immunity. I would like to focus on a recent case rules to deny legitimate victims their I do not understand this. This is not in this last chart which is circled. This day in court? common sense. This is not protecting case took place in the County of Los Mr. Speaker, I yield 3 minutes to my the American people. And when the Angeles, California. The cities of Los colleague from New York (Mrs. MCCAR- American people and my gun owners Angeles, San Francisco, and 12 other THY) who has been such a leader on this hear exactly what should be done, they California municipalities filed lawsuits important issue in protecting the vic- agree with us. It is up to the American against 28 manufacturers, six distribu- tims of gun violence. people to have their voices heard. tors and three associations. This was a I urge my colleagues to defeat this b 1100 mammoth case and they lost. They ap- legislation. It is not good for the Amer- pealed it, and it was unanimously Mrs. MCCARTHY. Mr. Speaker, I ican people, it is not good for the upheld by a lower court and the appel- thank my colleague from Maryland for health care system. late court. doing such a wonderful job on handling Mr. SENSENBRENNER. Mr. Speak- I would remind my colleagues that this issue. er, I yield 1 minute to the gentleman this is an idea that has been enor- Let me first say something. The leg- from Indiana (Mr. PENCE). mously popular with the public, also. A islation in front of us, as far as I am (Mr. PENCE asked and was given per- March 2005 poll conducted by the concerned, is frivolous. When we think mission to revise and extend his re- Moore Information Public Information about the millions and millions of law- marks.) Research Company showed that a re- suits that have been filed over the last Mr. PENCE. Mr. Speaker, I thank the markable 79 percent of the American 10 years, only 57 have actually involved chairman for yielding me this time and people believe that firearm manufac- the gun industry, 57, and for that we I thank him and the gentleman from turers should not be held legally re- are taking time up here in Congress. Florida (Mr. STEARNS) for their vision- sponsible for violence committed by We hear constantly that this is a ary leadership on this bipartisan legis- armed criminals. good bipartisan bill, that over 200 of lation. The fact of the matter is that there our Members, Republicans and Demo- The right to keep and bear arms is are several pending lawsuits which con- crats, basically support this legisla- enshrined in the second amendment of tinue to abuse the judicial system and tion. May I remind many of my col- the Constitution of the United States, would threaten legitimate, lawful busi- leagues that the NRA has put extraor- and the Protection of Lawful Com- nesses, including in New York City and dinary pressure on Members, and cer- merce in Arms Act today will reaffirm right here in the District of Columbia. tainly even in the States. our Nation’s ability to keep, bear, and

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.016 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H8999 manufacture lawful firearms in the If this bill becomes law, the Guzman that between February 3 and June 20 of United States of America. By passing family in Massachusetts, in addition to 2004, 35 known or suspected terrorists, this bill, Congress will prevent one or a losing a husband, a son, and a father, those are people who are on the ter- few State courts from bankrupting the will lose their right of legal recourse rorist watch list, purchased guns in the national firearms industry with base- and justice. It would be an unspeakably United States, and that from July 1 less lawsuits. cruel case of justice denied. through October 31 of last year 12 addi- Mr. Speaker, a gun, by its very na- I strongly oppose this legislation and tional people on the terrorist watch ture, is dangerous. But throughout the I urge my colleagues to do the same. list purchased guns in the United history of tort law in this Nation, we Businesses in the firearms industry do States. have built on the principle of indi- not deserve special treatment under Now, I think many Americans would vidual responsibility in which a prod- the law. be surprised to know that you can be uct may not be defined as defective un- Mr. SENSENBRENNER. Mr. Speak- on the terrorist watch list and you can less there is something wrong with the er, I yield 1 minute to the gentleman go to the airport and try and board an product, not with the way that it is from Colorado (Mr. SALAZAR) who is al- airplane, and because you are on the used. The progeny of cases that have ways welcome on this side of the aisle. terrorist watch list, we say no, we want emerged in recent years against gun (Mr. SALAZAR asked and was given to protect the public, we are not going manufacturers flies in the face of both permission to revise and extend his re- to let you board this airplane and com- our Constitution as well as the history marks.) promise the safety of other passengers of common law and its tradition. Mr. SALAZAR. Mr. Speaker, I thank on that plane. But that person can then It is time for Congress to fulfill its the gentleman for yielding me this get in their car at the airport, go to congressional duty, exercise its author- time. I rise today in support of Senate their local gun store and buy as many ity under the commerce clause, and bill 397, the Protection of Lawful Com- semiautomatic weapons as that ter- prevent a few State courts from bank- merce in Arms Act. I would like to rorist wants. What is more, that person rupting our national firearms industry thank the gentleman from Florida (Mr. can walk into that gun store and say, that has as its foundation our constitu- STEARNS) and the gentleman from Wis- hey, guess what? I am on the terrorist tional right to keep and bear arms. consin (Mr. SENSENBRENNER) and the watch list, and I want 12 semiauto- Mr. VAN HOLLEN. Mr. Speaker, I Committee on the Judiciary for all matic assault weapons, and under this yield 3 minutes to the gentleman from their hard work on this much-needed bill, if we pass it today, we could not Massachusetts (Mr. MEEHAN). piece of legislation. Mr. MEEHAN. Mr. Speaker, the gun hold that gun store owner liable in any Mr. Speaker, I consider myself a industry would like to see this legisla- way for a wrongful sale. strong supporter of the second amend- tion passed today so that they can pro- How do I know that? We offered an ment to our Constitution and truly be- tect their profits. But I would like to amendment in committee. Very sim- lieve in the rights of Americans to talk about the real people who will be ple. Let me read the language of the keep and bear arms. affected by this bill, people who have amendment. We said, we do not want For a long time, I have been very dis- suffered enough. to except from lawsuits and liability a I would like to talk about a 26-year- mayed at the anti-gun lobby’s effort to seller who knows that the name of the old father of two from my home State litigate the gun industry to death. person appears in the violent gang and of Massachusetts whose death was a di- Taking gun manufacturers, whole- terrorist organization file maintained rect result of negligence by a gun salers, and distributors to court for the by the Attorney General and the per- maker. Five years ago, Danny Guzman actions of criminals is ludicrous. These son subsequently used the qualified was leaving a holiday party to go home are mostly small to medium-sized busi- product, the weapon, in the commis- to see his daughters, Tammy and ness owners who cannot afford to pay sion of a crime. Selena, but he never made it home. lawyer fees to avoid lawsuits. We had a vote in committee on this Standing on the street, Danny Guzman Senate bill 397 is a bipartisan effort amendment. Every Republican member was struck down by a stray bullet fired to reform the civil liability system to of the committee voted no, every from a 9 millimeter handgun. That gun ensure that those who lawfully make Democratic member of the committee that killed him made its way into and sell firearms cannot be held liable voted yes. The gentleman from Cali- criminal hands because a gun factory for the misuse and criminal use of fornia (Mr. WAXMAN) and I tried to get employee had stolen it from his work- those firearms. through the Committee on Rules an place and sold it on the black market. The current system is equivalent to amendment so the whole House could But this is no isolated incident. In someone stealing my Chevrolet truck, consider this proposition. What did the that same year, over 25,000 guns hit committing a crime with it, and then Committee on Rules say? No. America’s streets after being stolen or GM being sued for millions of dollars It seems to me outrageous that we lost under suspicious circumstances. for their misdeeds. Now this, to me, is would pass a bill that would allow And, according to court testimony in ridiculous. It is time for Congress to someone to walk into that gun store, the case, stealing guns happened at the derail the efforts of certain organiza- the gun store owner knows that person plant ‘‘all the time,’’ and it happened tions whose aim is to bankrupt the is on the terrorist watch list, they sell all the time because no system was in firearms industry through litigation. the person a gun, the person goes out place to prevent theft. It happened all I urge my colleagues on both sides of and murders people and, under this leg- the time because the gun company was the aisle to join me in supporting Sen- islation, guess what? You can no longer negligent. And, in this particular case, ate bill 397, a commonsense measure to hold them liable. That is a shame. the employee got his job at the gun protect small businesses and preserve Mr. Speaker, I reserve the balance of plant despite a criminal record that in- the second amendment rights of Amer- my time. cluded a history of drug abuse, theft, ican citizens. Mr. SENSENBRENNER. Mr. Speak- and violence. Mr. VAN HOLLEN. Mr. Speaker, I er, I yield myself 30 seconds. Mr. Speaker, when big tobacco lied yield myself such time as I may con- Mr. Speaker, the plain language of about the dangers of smoking, we held sume. the bill says that the hypothetical the them accountable. When the pharma- I want to address an issue we have gentleman from Maryland just talked ceutical industry markets dangerous not covered this morning, which deals about falls under the negligent entrust- drugs, we hold them accountable, too. with the question of terrorists trying ment exemption from the bill, so a law- But what do we do when gun makers to get their hands on guns in this coun- suit could proceed. Read the bill. and dealers ruin countless lives try. We know from our reports and Mr. Speaker, I yield 2 minutes to the through their reckless behavior, records that Osama bin Laden and gentleman from Kentucky (Mr. DAVIS). through their negligence? This House other terrorists have said to their ter- Mr. DAVIS of Kentucky. Mr. Speak- considers legislation to provide them rorist network that they can easily ob- er, I am a lifetime member of the Na- special protection and to deny gun vic- tain weapons in the United States, and tional Rifle Association and a life-long tims and their families the justice they we know from a government account- shooting sports enthusiast. I have been deserve. ability study from January of this year an outspoken supporter of second

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.017 H20OCPT1 H9000 CONGRESSIONAL RECORD — HOUSE October 20, 2005 amendment rights and strongly sup- cepted legal principles, including neg- scope of regulation for the firearms in- port the original intent of this bill. ligence, products liability and public dustry. S. 397 would prevent plaintiffs I regret the legislation we are voting nuisance. from bringing civil actions against on today contains the Kohl-Reed stor- These courts have held that those firearm manufacturers and sellers for age device amendment. We need to pro- who make and sell guns, like all others the criminal or unlawful misuse of tect the firearms industry, an industry in society, are obligated to use reason- third parties of properly made fire- I would like to remind my colleagues able care in selling and designing their arms. This bill will help to put an end on the other side of the aisle is respon- products and that they may be liable to the judiciary legislating in the fire- sible for arming our troops, our law en- for foreseeable injurious consequences. arms field. forcement professionals, including the The courts have answered this ques- It will also serve as an important Capitol Police. But responsible gun tion. They have rejected frivolous law- statement that responsibility for owners should not have further limits suits. And those that have merit they wrongdoing should rest with the placed on their second amendment have accepted. I offered an amendment wrongdoer. As Oliver Wendall Holmes rights. Unfortunately, it has become that would exempt from the scope of stated in an 1894 Harvard Law Review necessary to enact legislation to pro- the bill any lawsuit brought by a plain- article: ‘‘Why is not a man who sells tect responsible owners, manufactur- tiff who was harmed as a result of an firearms answerable for assaults com- ers, and sellers from frivolous liability unlawful transfer of a machine gun, mitted with pistols bought of him since lawsuits and criminals and others who semi-automatic assault weapon, or he must be taken to know the prob- irresponsibly handle firearms. large-capacity ammunition feeding de- ability that sooner or later someone The original legislation from the vice. will buy a pistol of him for some un- House had 257 cosponsors and the origi- These particular arms, illegal. And lawful end?’’ nal bill in the Senate, which did not therefore the manufacturer does have The principle seems to be pretty well contain the Kohl-Reed amendment, had some liability in it. And this latest of- established in this country, at least, fering of the bill, the gentlewoman 62 cosponsors. I do not understand why that everyone has a right to rely upon from California (Ms. ZOE LOFGREN) and then we are about to pass a measure his fellow man acting lawfully. Over 30 myself offered a bill that would exempt that is a compromise of the two bills States have enacted legislation to pre- law enforcement officers. vent junk lawsuits against the firearms that were overwhelmingly supported This bill does not even exempt law industry based on the criminal behav- by both Chambers. enforcement officers. And even in this ior of others. These States have thus Among the provisions of this amend- climate of homeland security, it is well declared that the responsibility for ment is a requirement of using devices known that our first responders need to wrongdoing should rest with wrong- like a trigger lock to protect an indi- be protected by the reckless use of ma- vidual from a release of liability if a chine guns and AK–47s. And this legis- doers. Congress should follow the criminal should take their weapon. For lation turns a blind eye to reality. It States’ lead and pass S. 397. The House has passed the Protection example, trigger locks can violate a turns a blind eye to the shooting of of Lawful Commerce in Arms Act on fundamental safety rule of keeping ev- children. It turns a blind eye to the several occasions. Now the Senate has erything out of the trigger guard until sniper in Washington, to the Philadel- ready to shoot. The very real safety phia mother. passed it. We have a chance to send hazard is that the lock could actually I ask my colleagues to vote against this bill to the President of the United depress the trigger as it enters the this legislation. This is not the second States. trigger guard if the weapon is not amendment. This is the NRA free legis- I urge my colleagues to support this cleared. lation. important legislation. Having said that, though, I think it Mr. SENSENBRENNER. Mr. Speak- Mr. VAN HOLLEN. Mr. Speaker, I is very important and I urge my col- er, I yield 3 minutes to the gentleman yield myself such time as I may con- leagues to support the Protection of from Virginia (Mr. GOODLATTE). sume. Lawful Commerce in Arms Act, be- Mr. GOODLATTE. Mr. Speaker, I rise Mr. Speaker, I will include in the cause we need to take immediate steps in strong support of S. 397, the Protec- RECORD the following letters in opposi- to protect the firearms industry and tion of Lawful Commerce in Arms Act, tion to S. 397. Letters from the ABA, manufacturers and responsible gun and thank the chairman of the Judici- letters from two former directors of owners from the liberal left’s culture of ary Committee, the gentleman from the ATF, a letter from a number of na- frivolous litigation and to legislate by Wisconsin, for bringing this legislation tionally recognized organizations, and lawsuit. forward. letters from a number of law profes- The second amendment to the U.S. sors. b 1115 Constitution clearly declares that the Mr. Speaker, a moment ago, I raised Mr. VAN HOLLEN. Mr. Speaker, I rights of citizens to keep and bear arms the scenario of a terrorist getting de- yield 2 minutes to the gentlewoman shall not be infringed. Despite this fun- nied access to an airplane because they from Texas (Ms. JACKSON-LEE). damental protection, an extreme mi- are on the terrorist watch list going Ms. JACKSON-LEE of Texas. Mr. nority determined to restrict the sup- down to a local gun shop and saying, Speaker, let me mention that the gen- ply of firearms and firearms ownership You know, I am on that watch list, can tleman from Maryland (Mr. VAN has discovered a new tool, frivolous I get some guns? And under this legis- HOLLEN) has a long and prominent his- lawsuits. lation, that individual would be al- tory in knowing the laws of this Nation Recently, more than 30 cities and lowed to purchase those guns. in his earlier life, and as well rendering counties have filed lawsuits against the I have read the bill, and that is why them in the proper manner. firearms industry alleging that the in- I offered the amendment in committee. And I want to follow the comments dustry is liable for the actions of third And what the bill says very clearly that you made about the amendments parties, including those that use lawful under negligent entrustment is essen- offered in the committee, and as well firearms in a criminal manner. Many tially if the gun dealer knows or should make mention of the fact of the kind of legitimate firearms manufacturers know that the person to whom the complete reckless, if you will, lacking could be forced to go out of business product is supplied is likely to use the of sensitivity, to putting forward real due to the prohibitive costs of defend- product in a manner involving unrea- balanced legislation. ing these targeted lawsuits. sonable risk of physical injury. In our dissenting views, the Demo- If the courts are so allowed to decide Now, we all might say common sense crats of this committee mentioned the fate of gun manufacturers, then the tells us that that would cover a person courts around the country, and by the trial lawyers and the courts will effec- on the terrorist watch list. But you way, there are views about gun safety tively be regulating the supply of fire- know what, that is not what the expla- across the aisle. But courts around the arms and thus the right of citizens to nation was in committee. In fact, I country have recognized that precisely bear arms. have the committee transcript here, the types of cases that would be barred However, legislatures, not courts, are and the gentleman from Utah (Mr. by this bill are grounded in well-ac- the proper forums for deciding the CANNON) stated that the reason that

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.020 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9001 they did not want to adopt the amend- ers in this country and allow them to nesses fail to use reasonable care to mini- ment was not because the bill already go on the kind of rampage that leads to mize the foreseeable risk that others will be covered that scenario. The real reason the death of so many people. injured and injury results. But this proposed The killers are in jail. Thank God for legislation would preempt the laws of the 50 was they have questions about the reli- states to create a special, higher standard ability of the terrorist watch list and that. But why should someone who is for negligence actions for this one protected whether or not someone who is on the known to be negligent, who the ATF class, different than for any other industry, terrorist watch list is legitimately put found to be negligent and later closed protecting them from liability for their own there. the gun shop, why should that person negligence in all but extremely narrow speci- Well, here is the question. If the ter- not be liable for their contribution to fied exceptions. The ABA believes that state rorist watch list is good enough to the negligence and to the deaths and law standards for negligence and its legal deny someone access to an airplane be- sufferings that were faced by those bedrock duty of reasonable care should re- families? Let us get about protecting main the standard for gun industry account- cause that will put the public safety at ability in state civil courts, as these state risk, why is it not good enough to deny the victims. standards for the rest of our nation’s individ- someone a firearm who goes down to Mr. Speaker, the material I pre- uals, businesses and industries. the local gun store? viously referred to is as follows: The proposed federal product liability We have tried to make it a condition AMERICAN BAR ASSOCIATION, standards will unfairly insulate firearm in- that people who are on the terrorist GOVERNMENTAL AFFAIRS OFFICE, dustry defendants from accountability in watch list cannot purchase weapons at Washington, DC, April 4, 2005. state courts for design defects in their prod- DEAR SENATOR: I am writing on behalf of ucts. The proposed new federal standard gun stores. The Attorney General in the American Bar Association to express our would preempt the product liability laws in testimony before our committee said strong opposition to S.397, the Protection of all 50 states with a new, higher standard that maybe we should think about that. We Lawful Commerce in Arms Act, and to simi- would protect this industry even for failing have not passed that as a Congress. lar legislation to enact special tort laws for to implement safety devices that would pre- And so for the chairman of the com- the firearms industry. The ABA opposes vent common, foreseeable injuries, so long as mittee to say that the gun store owner S.397, and has opposed similar legislation in any injury or death suffered by victims re- will be assumed to know that person is the past two Congresses, because we believe sulted when the gun was not ‘‘used as in- a danger, when the United States Con- the proposed legislation is overbroad and tended’’. would unwisely and unnecessarily intrude Under existing product liability laws in gress and the Judiciary Committee into an area of traditional state responsi- most states, manufacturers must adopt fea- have refused to make that decision, it bility. sible safety devices that would prevent inju- is just plain wrong. The Congress has The responsibility for setting substantive ries caused when their products are not gone on record saying that some- legal standards for tort actions in each foreseeably misused, regardless of whether one on the terrorist watch list should state’s courts, including standards for neg- the uses are ‘‘intended’’ by the manufac- not get a gun. Why should we expect a ligence and product liability actions, has turer, or whether the product ‘‘fails’’ or ‘‘im- gun dealer and seller to do that? been the province of state legislatures and properly’’ functions. Thus automakers have an integral function of state common law So this does open a loophole that been held civilly liable for not making cars since our nation was founded. S.397 would crashworthy, even though the ‘‘intended would allow exactly the scenario I preempt state substantive law standards for use’’ is not to crash the car. Manufacturers talked about. most negligence and product liability ac- of cigarette lighters must make them It would close the door on lawsuits tions for this one industry, abrogating state childproof, even though children are not ‘‘in- by the victims of the snipers in this law in cases in which the defendant is a gun tended’’ to use them. Under this proposed area. The letters I submitted for the manufacturer, gun seller or gun trade asso- legislation, however, state laws would be RECORD from law professors and others ciation, and would insulate this new class of preempted so that gun manufacturers would make it absolutely clear that that is protected defendants from almost all ordi- enjoy a special immunity. what this does. nary civil liability actions. In our view, the Enactment of S. 397 would also undermine legitimate concerns of some about the reach responsible federal oversight of consumer Look, we have got a system for of a number of suits filed by cities and state safety. The broad and, we believe, unprece- bringing lawsuits. We heard from the governmental units several years ago have dented immunity from civil liability that author of the bill, the gentleman from since been answered by the deliberative, would result from enactment of S. 397 must Florida (Mr. STEARNS), a number of competent action of state courts and within be viewed against the existing legal back- cases that were filed that he said were the traditions of state responsibility for ad- drop of the present, unparalleled immunity frivolous. Most of those cases were in ministering tort law. the firearms industry enjoys from any fed- fact dismissed from the courts. There is no evidence that federal legisla- eral safety regulation. Unlike other con- The system is working. Frivolous tion is needed or justified. There is no hear- sumer products, there is no federal law or ing record in Congress or other evidence to lawsuits were dismissed. But what this regulatory authority that sets minimum contradict the fact that the state courts are safety standards for domestically manufac- legislation would do is to change the handling their responsibilities competently tured firearms. This is because the firearms rules. It does not have to change the in this area of law. There is no data of any industry was able to gain an exemption for rules to protect the ones that were dis- kind to support claims made by the industry firearms from the 1972-enacted Consumer missed; they have been dismissed under that it is incurring extraordinary costs due Product Safety Act, the primary federal law the existing rules. So why are we to litigation, that it faces a significant num- that protects consumers from products that changing them? Because we want to ber of suits, or that current state law is in present unreasonable risk of injury. Over the deny people who bring legitimate suits any way inadequate. The Senate has not ex- last 30 years, an average of 200 children amined the underlying claims of the indus- today, people like the families of the under the age of 14 and over a thousand try about state tort cases, choosing not to adults each year have died in gun accidents sniper victims, people like the officers hold a single hearing on S.397 or its prede- which might have been prevented by existing from New Jersey, the police officers, cessor bills in the two previous Congresses. but unused safety technologies. A 1991 Gov- who I must point out, again, and em- Proponents of this legislation cannot, in ernment Accounting Office report estimated phasize obtained settlements in those fact, point to a single court decision, final that 31 percent of U.S. children’s accidental lawsuits. judgment or award that has been paid out firearm deaths could have been prevented by We want to close the courthouse door that supports their claims of a ‘‘crisis’’. All the addition of two simple existing devices on them. I would just ask a very simple evidence points to the conclusion that state to firearms: trigger locks and load-indicator legislatures and state courts have been and question, Mr. Speaker, my colleagues. devices. Sadly, these minimal safety features are actively exercising their responsibilities are still not required. We have a bill here saying we are going in this area of law with little apparent dif- This bill, if enacted, would insulate the to protect the Lawful Commerce in ficulty. firearms industry from almost all civil ac- Arms Act, which in fact changes the S. 397 proposes to exempt his one industry tions, in addition to its existing protection rules to make what is today unlawful, from state negligence law. The proposed fed- from any consumer product safety regula- lawful. eral negligence law standard will unfairly tions. Such special status for this single in- Why do we not go about the business exempt firearms industry defendants from dustry raises serious concerns about its con- of passing legislation to protect the the oldest principle of civil liability law: stitutionality; victims of gun violence have that persons, or companies who act neg- victims of gun violence rather than the right—as do persons injured through negligently should be accountable to victims ligence of any party—to the equal protection that small handful of bad-apple gun harmed by this failure of responsibility. Neg- of the law. dealers who wrongfully and negligently ligence laws in all 50 states traditionally im- The risk that states may at some future help put the guns in the hands of kill- pose civil liability when individuals or busi- date fail to appropriately resolve their tort

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.022 H20OCPT1 H9002 CONGRESSIONAL RECORD — HOUSE October 20, 2005 responsibilities in an area of law—where The bill also would likely limit the ability S. 397) that would deprive them of their legal there is no evidence of any failure to date— of state attorneys general to bring actions rights. cannot justify the unprecedented federal pre- against gun sellers who violate state law, Sincerely, emption of state responsibilities proposed in such as those who engage in ‘‘straw sales’’ to NATIONAL GROUPS this legislation. The ABA believes that the someone who illegally buys guns on behalf of Alliance for Justice. states will continue to sort out these issues prohibited buyers. Had this bill been the law, American Association of School Psycholo- capably without a federal rewriting of state California may not have been able to levy gists. substantive tort law standards. The wiser the $14.5 million fines Wal-Mart recently American Association of Suicidology. course for Congress, we believe, is to respect paid to settle a civil suit brought by the Americans for Democratic Action. the ability of states to continue to admin- California Attorney General concerning nu- American Humanist Association. ister their historic responsibility to define merous violations of state law, including American Public Health Association. the negligence and product liability stand- sales to straw buyers. The bill would also Brady Campaign To Prevent Gun Violence ards to be used in their state courts. For jeopardize state and local law enforcement United With the Million Mom March. these reasons, we urge you to reject S. 397. proceedings to shut down ‘‘kitchen table’’ Child Welfare League of America. Sincerely, dealers who sell guns out of their homes to Children’s Defense Fund. ROBERT D. EVANS. criminals. Church Women United. In closing, we would note that many of us DEAR SENATORS AND REPRESENTATIVES: Coalition To Stop Gun Violence. have other reservations as well about sub- The undersigned former Directors of the Bu- Common Cause. reau of Alcohol, Tobacco, and Firearms stantive aspects of S. 397/H.R. 800. But even Congregation of Sisters of St. Agnes Lead- (‘‘ATF’’) write to express our grave concern without those troublesome aspects, the re- ership Team. over pending legislation that the Congress is strictions placed on law enforcement should Consumer Federation of America. now considering. S. 397 and H.R. 800 would be reason enough for Congress to reject this Consumers for Auto Reliability and Safety. provide sweeping immunity to members of dangerous legislation. We urge Congress to Disciples Justice Action Network. the gun industry in numerous cases. While reject S. 397 and H.R. 800. Equal Partners in Faith. there are many disturbing aspects to this STEPHEN HIGGINS, Evangelical Lutheran Church in America. bill from a policy perspective, this letter Director (Ret.) ATF, Hadassah The Women’s Zionist Organiza- concerns one that is especially disturbing to 1982–1995. tion Of America. us, as it threatens ATF’s ability to fully and REX DAVIS, HELP Network. effectively enforce our nation’s gun laws. Director (Ret.) ATF, League of Women Voters of the U.S. Supporters of gun industry immunity have 1970–1978. Legal Community Against Violence. added language to S. 397 and H.R. 800 that National Council of Jewish Women. was not included in the gun immunity bills DEAR MEMBER OF CONGRESS: Please oppose National Council of Women’s Organization. considered by the last Congress (H.R. 2037, S. any legislation that would limit the legal National Research Center for Women & 659, S. 1805, and S. 1806). This new language rights of gun violence victims. Families. includes provisions that threaten to block The National Rifle Association and others Physicians for Social Responsibility. law enforcement efforts by the ATF, as well in the gun lobby are pushing legislation that Presbyterian Church (USA). as state governments. Specifically, the legis- would deprive gun violence victims of their Public Citizen. lation would now prohibit certain law en- legal rights and give special legal privileges Religious Action Center of Reform Juda- forcement ‘‘administrative proceeding(s).’’ to the gun industry (House bill H.R. 800 and ism. § 4(5)(A). This goes well beyond barring civil Senate bill S. 397). States United to Prevent Gun Violence. damages suits, and is apparently intended to Similar legislation was defeated in the last The American Jewish Committee. curtail law enforcement proceedings against Congress, and it must be stopped again in The Ms. Foundation for Women. gun sellers who violate the law. Given the se- the 109th Congress. The Society of Public Health Education rious and persistent danger posed to society Recently, gun violence victims have exer- (SOPHE). by irresponsible gun sellers who supply the The United States Conference of Mayors. criminal gun market and other prohibited cised their legal rights and held reckless and irresponsible gun sellers accountable: Unitarian Universalist Association of Con- purchasers, we find it outrageous that Con- gregations. gress would contemplate tying the hands of Families of victims of the 2002 D.C.-area sniper attacks won a $2.5 million settlement Veteran Feminists of America. law enforcement to protect scofflaw dealers. Women’s Institute for Freedom of the This broad new language threatens to from Bull’s Eye Shooter Supply, the dealer Press. block any ATF ‘‘administrative proceeding’’ who ‘‘lost’’ the snipers’ assault rifle, and that seeks ‘‘fines, or penalties, or other re- Bushmaster Firearms, the assault weapon STATE/LOCAL ORGANIZATIONS lief’’ resulting from unlawful use of firearms maker who supplied Bull’s Eye, while turn- Arizona by third parties. § 4(5)(A). The bill would ing a blind eye to its disgraceful record of Physicians for Social Responsibility—Ari- likely prohibit ATF from initiating enforce- missing guns and regulatory violations. Fur- zona Chapter ment proceedings including those to: ther, as part of the settlement, Bushmaster Prohibit ATF from initiating proceedings agreed to inform its dealers of safer sales Arkansas to revoke a gun dealer’s federal firearm li- practices that will prevent other criminals Arkansas Coalition Against Domestic Vio- cense if the dealer supplies guns to criminals from obtaining guns—something Bushmaster lence. or other prohibited buyers. Current law en- had never done before. California ables ATF to initiate proceedings to revoke Two former New Jersey police officers, Ken Khadafy Foundation for Non-Violence. a federal firearm license if a gun dealer will- McGuire and Dave Lemongello, shot in the Concerned Citizens of Leisure World. fully violates federal law, such as by trans- line of duty with a trafficked gun neg- Sisters of Saint Joseph of Orange. ferring a gun to a criminal. 18 U.S.C. § 923(e). ligently sold by a West Virginia dealer, won Limit ATF’s ability to prevent the impor- Physicians for Social Responsibility. a $1 million settlement. The dealer had sold Marin Friends Meeting. tation of non-sporting firearms used fre- the gun, along with 11 other handguns, in a quently in crimes. Current law enables ATF Orange County Substance Abuse Preven- cash sale to what turned out to be a straw tion Network. to initiate proceedings to prohibit the im- purchasing team. After the lawsuit, the deal- portation of firearms that do not have a Youth Alive. er, as well as two other area pawnshops, im- Gray Panthers. ‘‘sporting purpose.’’ 18 U.S.C. § 925(d)(3). plemented safer practices to prevent sales to We know from experience how important it Society of Public Health Education. traffickers, including a new policy of ending is that ATF be able to enforce our nation’s Physicians for Social Responsibility—Sac- large-volume sales of handguns. These re- gun laws to prevent firearms from being ob- ramento. forms go beyond the law and are not imposed tained by terrorists, other criminals, and the Orange County Citizens for the Prevention by any manufacturers or distributors. gun traffickers who supply them. To protect Of Gun Violence. our citizens from the scourge of gun violence If the NRA’s special interest legislation Violence Prevention Coalition of Orange Congress should be strengthening our laws had passed Congress, these victims would County. and increasing ATF’s resources and ability never have obtained justice and it would be Women Against Gun Violence. to enforce those laws. To handcuff ATF, as business as usual for these dangerous gun Long Beach Coalition for the Prevention of this bill does, will only serve to shield cor- sellers. Gun Violence. rupt gun sellers, and facilitate criminals and Instead of trying to close the courthouse Alameda County Million Mom March terrorists who seek to wreak havoc with doors to victims, Congress should be inves- Chapter. deadly weapons. To take such anti-law en- tigating the gun industry, cracking down on Contra Costa County Million Mom March forcement actions in the post-9/11 age, when the corrupt dealers who arm drug gangs and Chapter. we know that suspected terrorists are ob- other criminals, and passing stronger laws to Los Angeles County West Million Mom taining firearms, and may well seek them stop gun deaths. March Chapter. from irresponsible gun dealers, is nothing Please protect gun violence victims and Marin County Million Mom March Chapter short of madness. OPPOSE any Immunity legislation (H.R. 800/ Napa.

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.012 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9003 Solano County Million Mom March Chap- Maine Queens Million Mom March Chapter. ter. Action Committee of Peace Action. Suffolk County Million Mom March Chap- Nevada County Million Mom March Chap- Maine Citizens Against Handgun Violence. ter. ter. New England Coalition To Prevent Gun Vi- Westchester County Million Mom March Orange County Million Mom March Chap- olence. Chapter. ter. Southern Maine Million Mom March Chap- North Carolina Sacramento Valley Million Mom March ter. North Carolinians Against Gun Violence. Chapter. Maryland Forsyth Mothers And Others Million Mom San Diego County Million Mom March Life After Homicide. March Chapter. Chapter. Wake County Million Mom March Chapter. San Fernando Valley Million Mom March Maryland Consumer Rights Coalition, Inc. Ceasefire Maryland. West Triangle Million Mom March Chap- Chapter. ter. Santa Clarita Million Mom March Chapter. Montgomery County Million Mom March Silicon Valley/Santa Clara County Million Chapter. Ohio Mom March Chapter. Massachusetts Women Against Gun Violence. Sonoma County Million Mom March Chap- The Sandbox Foundation. Inter-religious Partners in Action of ter. Stop Handgun Violence. Greater Cleveland. South Bay/Long Beach Million Mom March Greater Boston Million Mom March Chap- Diocesan Social Action Office of Cleveland. Chapter. ter. Ohio Coalition Against Gun Violence. Colorado Massachusetts’s Consumers’ Coalition. Cleveland Million Mom March Chapter. New England Coalition To Prevent Gun Vi- Greater Cincinnati Million Mom March Colorado Progressive Coalition. olence. Chapter. Physicians for Social Responsibility—Colo- rado Chapter. Michigan Oklahoma Colorado Ceasefire Capitol Fund. League of Women Voters of Michigan. Oklahomans For Gun Safety Million Mom Denver Million Mom March Chapter. Michigan Partnership to Prevent Gun Vio- March Chapter. Connecticut lence. University of Oklahoma. Detroit Million Mom March Chapter. Oregon Hog River Music, LLC. East Metro Detroit Million Mom March Society of Public Health Education. Oregon Consumer League. Chapter. Ceasefire Oregon. Greater New Haven N.O.W. Mid-Michigan/Lansing Million Mom March New England Coalition To Prevent Gun Vi- Physicians for Social Responsibility—Or- Chapter. egon. olence. Novi Million Mom March Chapter. Lane County (Eugene) Million Mom March Central Connecticut Million Mom March Southwest Michigan Million Mom March Chapter. Chapter. Chapter. Multnomah County (Portland) Million Fairfield County Million Mom March West Metro Detroit/Washtenaw County Mom March Chapter. Chapter. Million Mom March Chapter. Pennsylvania District of Columbia Minnesota STARS. Citizens for a Safer Minnesota. Not Fair! R.O.O.T. The Healing Circle. Ceasefire Pennsylvania. Life After Homicide. League Of Women Voters of Duluth. Allegheny County Million Mom March Society of Public Health Education—Na- Northland Minnesota Million Mom March Chapter. tional Capitol Area Chapter. Chapter. Center County Million Mom March Chap- District of Columbia Million Mom March Twin Cities Million Mom March Chapter. ter. Chapter. Montgomery and Delaware County Million Missouri Florida Mom March Chapter. Missouri Society for Public Health Edu- Philadelphia Million Mom March Chapter. IRC Coalition Against Gun Violence. cation. Rhode Island Florida Coalition to Stop Gun Violence. Nevada Vero Beach Coalition against Gun Vio- Rhode Island Million Mom March Chapter. lence. XPOZ. New England Coalition To Prevent Gun Vi- Central Florida Million Mom March Chap- New Hampshire olence. ter. New Hampshire Million Mom March Chap- Texas Northeast Florida Million Mom March ter. Austin Physicians for Social Responsi- Chapter. New England Coalition To Prevent Gun Vi- bility. South Florida Million Mom March Chap- olence. Central Texas (Austin) Million Mom March ter. New Jersey Chapter. Tampa Bay Million Mom March Chapter. Union for Reform Judaism, NJWHVC. Dallas Million Mom March Chapter. Georgia Woodbridge Homeowners for Quality of South Texas Million Mom March Chapter. American Public Health Association. Life. Utah Georgia Federation of Professional Health Coalition For Peace Action. Peace and Justice Commission of Salt Education. Society of Public Health Education. Lake Catholic Diocese. Metro Atlanta Million Mom March Chap- Ceasefire NJ. Gun Violence Prevention Campaign of ter. Bergen/Passaic County Million Mom March Utah. Illinois Chapter. Salt Lake City Million Mom March Chap- Essex County Million Mom March Chapter. ter. Citizens Resource for Children. Mercer County Million Mom March Chap- Episcopal Peace Fellowship Chicago Con- ter. Vermont sumer Coalition. Shore County Million Mom March Chapter. New England Coalition To Prevent Gun Vi- Chicago Survivors Million Mom March New York olence. Chapter. Virginia North Suburban Chicagoland Million Mom Men Elevating Leadership. March Chapter. Mothers Against Guns, Inc. VA Interfaith Center for Public Policy. Southwest Chicagoland Million Mom NY Chapter of the Society for Public Charlottesville Million Mom March Chap- March Chapter. Health Education. ter. Springfield Million Mom March Chapter. New Yorkers Against Gun Violence (NA Hampton Roads Million Mom March Chap- YGV). ter. Indiana Lenox Hill School Based Primary Care Northern Virginia Million Mom March Hispanic/African American Public Policy Program. Chapter. Institute. New York Public Interest Research Group. Richmond Million Mom March Chapter. Infinite Inc. Brooklyn King’s Million Mom March Chap- Roanoke Million Mom March Chapter. Hoosiers Concerned About Gun Violence. ter. Washington Broome County Million Mom March Chap- Iowa Clark County (Vancouver) Million Mom ter. University of Iowa CPH/CBH. March Chapter. Capitol Region Million Mom March Chap- Iowans for the Prevention of Gun Violence. ter. Wisconsin Kentucky Manhattan Million Mom March Chapter. Mothers Against Gun Violence. Lexington and Central Kentucky Million Nassau County Million Mom March Chap- Peace and Justice Committee of the ELCA Mom March Chapter. ter. of Greater Milwaukee.

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.016 H20OCPT1 H9004 CONGRESSIONAL RECORD — HOUSE October 20, 2005 Milwaukee Million Mom March Chapter. the causal connection between the neg- framework on its head; and free those in the Wisconsin Anti-Violence Effort. ligence and the consequent harm. Of course, firearms industry to behave as carelessly as defendants are not automatically liable for they would like, so long as the conduct has THE UNIVERSITY OF MICHIGAN illegal third party conduct, but are liable not been specifically prohibited. If there is LAW SCHOOL, only if—given the foreseeable risk and the no statute against leaving an open truckload Ann Arbor, MI. available precautions—they were unreason- of assault rifles on a street corner, or against DEAR SENATORS AND REPRESENTATIVES: As able (negligent) in failing to guard against selling 100s of guns to the same individual, a professor of law at the University of Michi- the danger. In most cases, moreover, the under this bill there could be no tort liabil- gan Law School, I write to alert you to the third party wrongdoer will also be liable. ity. Again, this represents radical departure legal implications of S. 397 and H.R. 800, the But, again, the bottom line is that under tra- from traditional tort principles. ‘‘Protection of Lawful Commerce in Arms ditional tort principles a failure to take rea- My aim here is simply to provide informa- Act.’’ My colleagues, who join me in signing sonable precautions against foreseeable dan- tion, and insure that you are not inadvert- this letter, are professors at law schools gerous illegal conduct by others is treated no ently misled about the meaning and scope of around the country. This bill would rep- differently from a failure to guard against S. 397 and H.R. 800. As currently drafted, this resent a substantial and radical departure any other risk. Bill would not simply protect against the ex- from traditional principles of American tort S. 397 and H.R. 800 would abrogate this pansion of tort liability, as has been sug- law. Though described as an effort to limit firmly established principle of tort law. gested, but would in fact dramatically limit the unwarranted expansion of tort liability, Under this bill, the firearms industry would the application of longstanding and other- the bill would in fact represent a dramatic be the one and only business in which actors wise universally applicable tort principles. It narrowing of traditional tort principles by would be free utterly to disregard the risk, provides to firearms makers and distributors providing one industry with a literally un- no matter how high or foreseeable, that their a literally unprecedented form of tort immu- precedented immunity from liability for the conduct might be creating or exacerbating a nity not enjoyed or even dreamed of by any foreseeable consequences of negligent con- potentially preventable risk of third party other industry. duct. misconduct. Gun and ammunition makers, Professor Sherman J. Clark, University of S. 397 and H.R. 800, described as ‘‘a bill to distributors, importers, and sellers would, Michigan Law School; Professor Richard L. prohibit civil liability actions from being unlike any other business or individual, be Abel, UCLA Law School; Professor Barbara brought or continued against manufacturers, free to take no precautions against even the Bader Aldave, University of Oregon School of distributors, dealers, or importers of fire- most foreseeable and easily preventable Law; Professor Mark F. Anderson, Temple arms or ammunition for damages resulting harms resulting from the illegal actions of University Beasley School of Law; Professor from the misuse of their products by oth- third parties. And they could engage in this Emeritus James Francis Bailey, III Indiana ers,’’ would largely immunize those in the negligent conduct persistently, even with University School of Law; Professor Eliza- firearms industry from liability for neg- the specific intent of profiting from sales of beth Bartholet, Harvard Law School; Pro- ligence. This would represent a sharp break guns that are foreseeably headed to criminal fessor Peter A Bell, Syracuse University Col- with traditional principles of tort liability. hands. Under this bill, a firearms dealer, dis- lege of Law; Professor Margaret Berger, No other industry enjoys or has ever enjoyed tributor, or manufacturer could park an un- Brooklyn Law School; Professor M. Gregg such a blanket freedom from responsibility guarded open pickup truck full of loaded as- Bloche, Georgetown University Law Center; for the foreseeable and preventable con- sault rifles on a city street comer, leave it Professor Michael C. Blumm, Lewis and sequences of negligent conduct. there for a week, and yet be free from any Clark Law School; Professor Carl T. Bogus, It might be suggested that the bill would negligence liability if and when the guns Roger Williams University School of Law; merely preclude what traditional tort law were stolen and used to do harm. A firearms Professor Cynthia Grant Bowman, North- ought to be understood to preclude in any dealer, in most states, could sell 100 guns to western University School of Law; Director event—lawsuits for damages resulting from the same individual every day, even after the of the MacArthur Justice Center and Lec- third party misconduct, and in particular dealer is informed that these guns are being turer in Law, Locke Bowman, University of from the criminal misuse of firearms. This used in crime—even, say, by the same vio- Chicago Law School; Professor Scott Burris, argument, however, rests on a fundamental lent street gang. Temple University Beasley School of Law; misunderstanding of American tort law. It might appear from the face of the bill Professor Donna Byrne, William Mitchell American law has never embraced a rule that S. 397 and H.R. 800 would leave open the College of Law; Professor Emily Calhoun, freeing defendants from liability for the fore- possibility of tort liability for truly egre- University of Colorado School of Law. seeable consequences of their negligence gious misconduct, by virtue of several excep- Professor Erwin Chemerinsky, Duke Law merely because those consequences may in- tions set forth in Section 4(5)(i). Those ex- School; Associate Clinical Professor clude the criminal conduct of third parties. ceptions, however, are in fact quite narrow, Kenneth D. Chestek, Indiana Univer- Numerous cases from every American juris- and would give those in the firearm industry sity School of Law; Associate Professor diction could be cited here, but let the Re- little incentive to attend to the risks of fore- Stephen Clark, Albany Law School; statement (Second) of Torts suffice: seeable third party misconduct. Professor Marsha N. Cohen, University of California Hastings College of the ‘‘449. TORTIOUS OR CRIMINAL ACTS THE PROB- One exception, for example would purport ABILITY OF WHICH MAKES ACTOR’S to permit certain actions for ‘‘negligent en- Law; Professor Anthony D’Amato, CONDUCT NEGLIGENT trustment.’’ The bill goes on, however, to de- Northwestern University School of ‘‘If the likelihood that a third person may fine ‘‘negligent entrustment’’ extremely nar- Law; Professor John L. Diamond, Uni- act in a particular manner is the hazard or rowly. The exception applies only to sellers, versity of California Hastings College one of the hazards which makes the actor for example, and would not apply to distribu- of Law; Professor David R. Dow, Uni- negligent, such an act whether innocent, tors or manufacturers, no matter how egre- versity of Houston Law Center; Pro- negligent, intentionally tortious, or criminal gious their conduct. Even as to sellers, the fessor Jean M. Eggen, Widener Univer- does not prevent the actor from being liable exception would apply only where the par- sity School of Law; Associate Professor for harm caused thereby.’’ (emphasis sup- ticular person to whom a seller supplies a Christine Haight Farley, American plied) firearm is one whom the seller knows or University, Washington College of Law; Similarly, actors may be liable if their ought to know will use it to cause harm. The Associate Professor Ann E. Freedman, negligence enables or facilitates foreseeable ‘‘negligent entrustment’’ exception would, Rutgers Law School—Camden; Pro- third party criminal conduct. therefore, not permit any action based on fessor Gerald Frug, Harvard Law Thus, car dealers who negligently leave ve- reckless distribution practices, negligent School; Professor Barry R. Furrow, hicles unattended, railroads who negligently sales to gun traffickers who supply criminals Widener University School of Law; As- manage trains, hotel operators who neg- (as in the above example), careless handling sociate Clinical Professor Craig ligently fail to secure rooms, and contrac- of firearms, lack of security, or any of a Futterman, University of Chicago Law tors who negligently leave dangerous equip- myriad potentially negligent acts. School; Professor David Gelfand, ment unguarded are all potentially liable if Another exception would leave open the Tulane University Law School; Pro- their conduct creates an unreasonable and possibility of liability for certain statutory fessor Phyllis Goldfarb, Boston College foreseeable risk of third party misconduct, violations, variously defined, including those Law School; Professor Lawrence including illegal behavior, leading to harm. described under the heading of negligence Gostin, Georgetown University Law In keeping with these principles, cases have per se. Statutory violations, however, rep- Center; Professor Michael Gottesman, found that sellers of firearms and other prod- resent just a narrow special case of neg- Georgetown University Law Center. ucts (whether manufacturers, distributors or ligence liability. No jurisdiction attempts to Professor Stephen E. Gottlieb, Albany dealers) may be liable for negligently sup- legislate standards of care as to every detail Law School; Professor Phoebe Haddon, plying customers or downstream sellers of life, even in a regulated industry; and Temple University Beasley School of whose negligence, in turn, results in injuries there is no need. Why is there no need? Be- Law; Professor Jon D. Hanson, Harvard caused by third party criminal or negligent cause general principles of tort law make Law School; Professor Douglas R. conduct. In other words, if the very reason clear that the mere absence of a specific Heidenreich, William Mitchell College one’s conduct is negligent is because it cre- statutory prohibition is not carte blanche of Law; Professor Kathy Hessler, Case ates a foreseeable risk of illegal third party for unreasonable or dangerous behavior. S. Western Reserve University School of conduct, that illegal conduct does not sever 397 and H.R. 800 would turn this traditional Law; Professor Eric S. Janus, William

VerDate Aug 31 2005 00:35 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.021 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9005 Mitchell College of Law; Professor thing that is good and something that The legislation also requires the immediate Sheri Lynn Johnson, Cornell Law is lawful. dismissal of pending lawsuits, even cases in School; Professor David J. Jung, Uni- Tort law, however, rests upon a foun- which a court has found the suit to be meri- versity of California Hastings College dation of individual responsibility, in of Law; Associate Professor Ken torious. I fear this bill will deny justice to inno- Katkin, Salmon P. Chase College of which the product may not be defined cent victims of gun violence, and therefore I Law, Northern Kentucky Univ.; Pro- as defective unless there is something will oppose it. fessor David Kairys, Temple University wrong with the product, rather than In recent years, dozens of individuals and Beasley School of Law; Professor Kit with the product’s user. municipalities have filed lawsuits against gun Kinports, University of Illinois School And what this bill attempts to do is manufacturers for damages caused by gun vi- of Law; Professor Martin A. Kotler, to get tort law back to its original olence. Such suits typically contend that gun Widener University School of Law; moorings where the manufacturer of makers knowingly provide weapons to irre- Professor Baily Kuklin, Brooklyn Law the product that is not defective in its sponsible gun dealers, who then take advan- School; Professor Arthur B. LiFrance, nature is not legally liable for the Lewis and Clark Law School; Professor tage of gun sale loopholes to sell weapons to Sylvia A. Law, NYU School of Law. criminal misuse of that product by its criminals. Some of these lawsuits by victims of Professor Ronald Lasing, Lewis and user. gun violence have begun to expose how the Clark Law School; Professor Robert That is what the issue is before the gun industry’s reckless, though not always Justin Lipkin, Widener University House today in consideration of S. 397. technically criminal, sales tactics supply crimi- School of Law; Professor Hugh C. Now, S. 397 while preventing frivolous nals with weapons. Macgill, University of Connecticut and abusive lawsuits also ensures that The gun lobby argues that S. 397 prohibits School of Law; Professor Mari J. bad actors can continue to be sued. ‘‘frivolous’’ lawsuits, while allowing ‘‘legitimate’’ Matsuda, Georgetown University Law The bill allows the following types of Center; Associate Professor Finbarr cases to proceed through the legal system. McCarthy, University Beasley School lawsuits to be filed: first, an action However, many legal experts confirm that this of Law; Director (Retired Professor) against a person who transfers a fire- bill would give the gun industry sweeping im- Christine M. McDermott, Randolph arm or ammunition knowing that it munity that no other industry has, and would County Family Crisis Center, North will be used to commit a crime of vio- bar many meritorious cases brought by victims Carolina; Professor Joan S. Meier, lence or drug-trafficking crime or a of gun violence injured or killed by negligent George Washington University Law comparable or identical State felony gun sellers and manufacturers. The bill would School; Professor Naomi Mezey, law; even restrict many cases in which a product Georgetown University Law Center; Second, an action brought against defect is at issue. Professor Eben Moglen, Columbia Law the seller for negligent entrustment or School; Professor Dawn C. Nunziato, S. 397 seeks to provide sweeping legal im- George Washington University Law negligence, per se; munity to an industry that already enjoys ex- School; Professor Michael S. Perlin, Third, actions in which a manufac- emptions from Federal health and safety regu- New York Law School; Clinical Pro- turer or seller of a qualified product lations. It would dramatically re-write liability fessor Mark A. Peters, Northwestern violates a State or Federal statute ap- law for the direct benefit of a single industry. School of Law, Lewis and Clark Col- plicable to the sales or marketing when Furthermore, lawsuits brought on behalf of lege; Professor Mark C. Rahdert, Tem- such violation was the proximate cause officers injured or killed in the line of duty by ple University Beasley School of Law; of the harm for which the relief is guns negligently sold by dealers, would be Professor Denise Roy, William Mitchell sought. And this exception would spe- College of Law. barred. If immunity for the gun industry is en- Professor Joyce Saltalamachia, New cifically allow lawsuits against fire- acted, police officers who put their lives on the York Law School; Clinical Assistant arms dealers such as the dealer whose line every day to protect the public would have Professor David A. Santacroce, Univer- firearm ended up in the hands of the no legal recourse when they are harmed due sity of Michigan School of Law; Pro- D.C. snipers and those who fail to to another’s negligence. fessor Niels Schaumanm, William maintain the required inventory lists Mr. Speaker, we should not be providing Mitchell College of Law; Professor necessary to ensure they are alerted to this blanket immunity to the gun industry and Margo Schlanger, Washington Univer- any firearms theft; I therefore oppose this measure. sity School of Law; Professor Marjorie Fourth, actions for breach of contact Mr. HOYER. Mr. Speaker, I do not believe M. Shultz, University of California or warranty in connection with the Boalt School of Law; Senior Lecturer that manufacturers or sellers of weapons Stephen E. Smith, Northwestern Uni- purchase of a firearm or ammunition, should be liable for injuries, which result from versity School of Law; Professor Peter and actions for damages resulting di- the use of their products in criminal ways, sim- J. Smith, George Washington Univer- rectly from a defect in design or manu- ply because they produce and distribute their sity Law School; Professor Norman facture of a firearm or ammunition. products. Stein, University of Alabama School of This is a carefully crafted bill. It pro- The manufacture, distribution and sale of Law; Professor Duncan Kennedy, Har- vides immunity for people who have firearms is legal in our Nation. And unless a vard Law School; Professor Frank J. not done anything wrong, even thought manufacturer or seller of arms acts in some Vandall, Emory University School of their products may be used in a crimi- Law; Professor Kelly Weisberg, Univer- wrongful or criminal way, holding them liable sity of California Hastings College of nal nature; but it does allow lawsuits effectively as insurers—I believe is inappro- the Law; Professor Robin L. West, to proceed against the bad actors. priate and probably a violator of the Constitu- Georgetown University Law Center; It ought to be passed. I am sure it tion’s Commerce Clause. Professor Christina B. Whitman, Uni- will be passed, and finally we can lay For example, I believe that the lawsuit pend- versity of Michigan School of Law; this issue to rest after 6 years of de- ing in Federal court between the District of Professor William M. Wiecek, Syracuse bate. I urge the Members to support Columbia and Beretta and other gun manufac- University College of Law; Professor this legislation, to send it to the Presi- turers is an example of a claim that would ef- Bruce Winick, University of Miami dent for his signature, and then we can fectively make gun manufacturers insurers for School of Law; Professor Stephen Wizner, Yale Law School; Professor move on. wrongful conduct. I expect the manufacturers William Woodward, Temple University Mr. HONDA. Mr. Speaker, I rise today to ex- to prevail in that case. Beasley School of Law. press my concern over S. 397, the Protection However, the bill before us goes beyond Mr. Speaker, I yield back the balance of Lawful Commerce in Arms Act. The safe this premise, and overreaches in key respects. of my time. and lawful use of firearms is very important to First, I oppose the ‘‘look back’’ provision in Mr. SENSENBRENNER. Mr. Speak- me. When I was in the California State As- this bill that requires the immediate dismissal er, I yield myself the balance of my sembly, I chaired the Public Safety Committee of civil liability lawsuits against gun manufac- time. where I worked to pass sensible gun safety turers that are pending on the date of enact- Mr. Speaker, a gun by its very nature legislation and I have voted to ban assault ment. must be dangerous. So may an auto- weapons. I firmly believe we must pass sen- As a matter of principle and as a matter of mobile or a knife, or a piece of machin- sible gun laws for the safety of all. policy, I do not believe that Congress should ery that does not work properly. There The measure on the House floor today is in- pass legislation that interferes with on-going are a lot of dangerous things that we as tended to protect a manufacturer or seller of a civil lawsuits. This is tantamount to changing human beings utilize; and if they work firearm, from any legal liability stemming from the rules in the middle of the game, and I gen- properly, they can be utilized for some- the criminal or unlawful misuse of that firearm. erally believe this approach is inappropriate.

VerDate Aug 31 2005 00:51 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.036 H20OCPT1 H9006 CONGRESSIONAL RECORD — HOUSE October 20, 2005 And second, I am troubled that, as the Given the wide scope of criminal laws and the negligence, defective product and other valid American Bar Association has pointed out, the fact that people are on occasion accused of claims. legislation would preempt State product liabil- crimes they did not commit, this provision I ask my colleagues to pass this legislation. ity laws with a new, higher standard that promises to discourage many non-violent, law- By doing so, we stand up for the constitutional would protect the gun industry even if it failed abiding individuals from possessing ammuni- right of law-abiding Americans to protect them- to implement safety devices that would pre- tion protected under the Second Amendment. selves, their homes, and their families. vent foreseeable injuries, so long as an injury Further, it does not take much imagination to Ms. KILPATRICK of Michigan. Mr. Speaker, or death suffered by a victim resulted when see how such a provision could be used by an I rise in opposition to S. 397, the Protection of the gun was not ‘‘used as intended.’’ anti-gun prosecutor in the prosecution of an Lawful Commerce in Arms Act. My opposition Today, manufacturers must adopt feasible individual who used a gun in self defense, es- to the measure is based on my belief that it safety devices that would prevent injuries pecially considering that use of such bullets to is overly expansive and overarching. This bill caused when their products are foreseeably murder can result in a death sentence. In such prohibits civil liability lawsuits against gun misused, regardless of whether the uses are instances, a defendant who exercised self de- manufacturers from being brought in Federal ‘‘intended’’ by the manufacturer, or whether fense may well accept a guilty plea bargain to or State court. My congressional district is beset by gun vi- the product ‘‘fails’’ or ‘‘improperly’’ functions. avoid the severe enhanced penalties imposed olence. I believe that gun owners, manufactur- If perfected, I might well have voted for this under S. 397. ers and dealers must assume responsibility for bill. However, no amendments were allowed I am particularly disturbed that the House of the wanton gun violence that is being per- by the Republican Majority to answer the con- Representatives’ leadership has taken the un- petrated as result of the willful neglect of gun cerns I have expressed. Therefore, I will vote usual step of bringing S. 397 to the floor for dealers who cast blind eyes to illegal and irre- ‘‘no.’’ a vote without House members at least having sponsible gun sales to minors, felons and po- Mr. PAUL. Mr. Speaker, while I sympathize an opportunity to vote on removing the gun tential terrorists. It appears to me that we are with the original objective of S. 397, the Pro- control amendments. Instead of voting on a unwisely and gratuitously insulating gun manu- tection of Lawful Commerce in Arms Act, I am bill that contains the new gun control provi- facturers from bona fide civil lawsuits. forced to oppose this legislation primarily be- sions, we should be considering H.R. 800, the This bill protects gun manufacturers but cause of unconstitutional gun control amend- House version of S. 397 prior to its perversion does absolutely nothing to protect innocent ments added to the bill in the Senate. by gun control amendments. Notably, Gun victims of gun violence. I am also concerned As a firm believer in the Second Amend- Owners of America has written to House that we have prohibited suits from being ment to the United States Constitution and an members to request that they oppose S. 397 brought in both Federal and State courts and opponent of all Federal gun laws, I cannot and, instead, support H.R. 800. Last month, I that police officers shot in the line of duty are support a bill that imposes new, unconstitu- wrote to House Speaker DENNIS HASTERT, Ma- barred from filing lawsuits. For the families of tional gun controls on Americans. I believe jority Leader TOM DELAY, and Committee on fallen offices, their only recourse to obtain that the Second Amendment is one of the the Judiciary Chairman JAMES SENSEN- compensation for the loss of their loved one is foundations of our constitutional liberties. In BRENNER of my opposition to these anti-gun through the civil lawsuit process. fact, I have introduced legislation, the Second rights provisions in S. 397. While I am con- I contend that it is vital to preserve the right Amendment Protection Act (H.R. 1703), which cerned about some of the federalism implica- of citizens to seek redress through civil law- repeals misguided Federal gun control laws tions of H.R. 800, it is a far superior bill be- suits for any harm they experience by virtue of such as the Brady Bill. cause it neither requires gun locks nor re- the neglect and irresponsibility of gun manu- Senate amendments added two sections to stricts gun owners’ ammunition choices. facturers and dealers. I urge my colleagues to S. 397 that impose unconstitutional controls With 258 sponsors and cosponsors, H.R. vote, ‘‘no’’ on S. 397, and to support the rights on American gun owners and sellers. 800 would easily pass the House. The House of potential victims of gun violence. First, a section was added to the bill to out- voting for H.R. 800 would allow the differences Mr. BRADLEY of New Hampshire. Mr. law any licensed gun importer, manufacturer, between H.R. 800 and S. 397 to be reconciled Speaker, I rise today in support of The Protec- or dealer from selling, delivering, or transfer- in conference committee. In conference, every tion of Lawful Commerce in Arms Act. It is crit- ring a handgun without a ‘‘secure gun storage expectation would be that the new gun control ical that the House once again pass this legis- or safety device.’’ Each and any violation of provisions would be stripped from the legisla- lation in order to reduce the burden of unsub- this requirement can result in a person being tion given that the original, unamended S. 397 stantiated lawsuits and the infringement on our fined up to $2,500 or having his license re- had 62 Senate sponsors and cosponsors—a Second Amendment rights. voked. This gun lock requirement amounts to filibuster proof majority—in the Senate. When crimes are committed by a person the imposition of a new Federal tax on each I regret that, under the guise of helping gun using a firearm, I support tough sentencing handgun sale because gun buyers will be owners, the House of Representatives is today guidelines as well as full and vigorous enforced to pay the cost of the ‘‘secure gun stor- considering imposing new unconstitutional gun forcement of all applicable laws. We must age or safety device’’ that is required with a controls. I, thus, must oppose S. 397. focus on the perpetrators of the crime, rather handgun, irrespective of if that device is de- Mrs. CUBIN. Mr. Speaker, I hail from a than frivolous lawsuits directed at gun manu- sired. Further, the severe penalties for non- State that respects the fundamental, individual facturers which will only restrict the rights of compliance—whether intentional or acci- right to own firearms granted to all Americans lawabiding citizens. The State of New Hampshire has a long dental—add yet more weight to the crippling by the Second Amendment. This right, so es- history of protecting individual rights and lib- regulations that hang over gun transactions in sential to our liberty, is under assault by legal erties. For millions of Americans, and the the United States. teams bent on destroying the firearms indus- many citizens of New Hampshire, firearms Second, a section was added to the bill to try. provide protection for individuals and their create draconian penalties for people who They have tried and failed to accomplish families. I stand in support of this legislation possess ‘‘armor piercing’’ bullets. Just like the this in the People’s House and in State legis- and I will work to see that the Second Amend- Democratic Congress before it that passed the latures. Now they are using our courts, filing ment right of our citizens to protect them- ‘‘assault weapons’’ ban, the Republican Con- lawsuits with no legal merit, yet still incurring selves will not be infringed upon. gress is poised to give in to anti-gun rights tremendous legal expense. Mr. GRAVES. Mr. Speaker, I rise today in scare tactics by selectively banning bullets. In- These lawsuits rest on the misguided notion support of the Protection of Lawful Commerce stead of each gun owner being able to decide that those in the firearm industry are liable for in Arms Act. what ammunition he uses in his gun, Federal the criminal misuse of their products. This is a Over the last few years, trial lawyers have bureaucrats will make that decision. To recog- dangerous precedent. It makes as much filed suit against firearms manufacturers nize the threat such regulation places on gun sense as suing car manufacturers for damage, across the country in the hopes of bankrupting owners, just consider that a gun without am- injury or death caused by car thieves or joy the industry. These frivolous lawsuits are often munition is nothing more than an expensive riders. based on the dubious premise that gun manu- club. Regulating ammunition is the back door It is important to every firearm owner in the facturers should be held liable for the actions path to gun regulation. State of Wyoming that these lawsuits stop. If of others who use their products in a criminal The ‘‘armor piercing’’ bullets restriction im- allowed to continue, firearms could become or unlawful manner. poses a 15 years mandatory minimum sen- unavailable and unaffordable to the law-abid- This abuse of the legal process demands tence for just carrying or possessing such bul- ing citizen. The Protection of Lawful Com- strong Congressional action, and we are re- lets—even without a gun—during or in ‘‘rela- merce in Arms Act will stop these lawsuits, sponding with this legislation. This bill will pro- tion to’’ a crime of violence or drug trafficking. while protecting causes of action based on tect the firearms industry from lawsuits based

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.023 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9007 on the criminal or unlawful third-party misuse nies that manufacture and distribute firearms. It happens that this bill deals with lawsuits of their products. This law is necessary to pre- Advocates say, the Second Amendment of the against firearms manufacturers. But this con- vent a few state courts from undermining our Constitution protects the rights of these com- cern about changing the legal rules to prohibit Second Amendment rights guaranteed by the panies to irresponsibly sell their products with- further consideration of active cases (as op- Constitution. Contrary to many rumors, this bill out any repercussions for the misuse of their posed to pending ones) would be the same for will not prevent legitimate victims from having product. I believe there is a delicate balance similar lawsuits against the makers or sellers their day in court for cases involving defective between the right to bear arms, a right proof other consumer products that are inherently firearms, breaches of contract, criminal behav- vided by the Constitution, and the need to pre- dangerous, if not lethal, when misused—for ior by a gun maker or dealer, or the negligent vent gun violence. This bill, if passed into law, example, automobiles and electronic devices. entrustment of a firearm to an irresponsible will unfairly shift the balance. Through the And, while the bill before us—which has al- person. laws vested in the Constitution, every Amer- ready passed the Senate—differs in some re- Mr. Speaker, while I have serious concerns ican has been given the responsibility to keep spects from versions we have considered be- about the trigger lock language added to this and bear arms, but this resolution will dis- fore, it too would apply to pending cases. bill in the Senate, the Protection of Lawful mantle all progress that has been made to- At the very least the House should have Commerce in Arms Act is an important step in ward the fight against crime. been able to debate and decide on possible the right direction. The reality is that we need Each year more than 30,000 gun-related changes to the bill. But that did not happen, a bill to be signed into law, and this is our deaths occur; a third of these 30,000 deaths because the Republican leadership insisted on greatest opportunity to accomplish meaningful are committed with malicious ‘‘intent by cus- bringing the bill to the floor under restrictive reform which benefits all lawful gun owners tomers of the arms industry who exploit their procedures that essentially barred any amend- and enthusiasts. These irresponsible lawsuits Second Amendment Right. Since 2000, we ments from being offered. I strongly object to seriously threaten the supply of guns and am- have witnessed a 9 percent increase in gun- this way of considering such legislation. munition available for hunting, self-defense, related homicides. In 2003, firearms were Most of the debate about this bill has been collecting, competitive or recreational shooting, used in over 365,000 cases of violent crime. about its significance for firearms manufactur- and other lawful activities, and it is time to put Fifty percent of all the African American ers—and, if the bill dealt only with manufactur- a stop to them. youngsters between the ages of 15 and 19, ers, I might have come to a different conclu- Mr. STARK. Mr. Speaker, I rise in opposi- who die, die from gun violence. When guns sion about the need for liability protection. But tion to the so-called Protection of Lawful Com- and ammunitions reach the wrong hands, we the provisions related to sellers or other dis- merce in Arms Act because I don’t believe must be able to hold accountable the compa- tributors—provisions that are equally or more that giving gun makers, gun dealers, and gun nies that put destructive weapons in the hands important—are another matter. trade associations special exemption from law- of these criminals. I also think we should at least debate and suits makes our streets any safer. My dissent for this bill focuses around the consider whether reducing the deterrent effect If this law had been in place, the families of lack of responsibility required by arms dealers. of potential liability might increase the chance victims of the DC-area sniper could never When the desired intent of a product is to fa- that firearms could knowingly or negligently be have held negligent suppliers accountable. In tally wound an object through legal or illegal transferred to criminals or terrorists. I think the September 2004, eight victims received a set- means, there will always be the need of a high seriousness of this is illustrated by the report tlement from the dealer that ‘‘lost’’ the snipers’ demand of accountability. For cases of gun vi- of the Government Accountability Office assault rifle from its inventory, along with at olence in which the firearms industry should (GAO) indicating that last year alone there least 238 other guns. The victims’ families be held responsible, this resolution does not were at last 56 times when people the federal also received a settlement from the manufac- protect its victims. In past years, State and government considered known or suspected turer who negligently supplied the dealer de- Federal Courts have found these types of terrorists attempted to purchase firearms. spite its record of missing guns and regulatory cases to be grounded in such credible legal It’s true that under current law, even ac- violations. Most importantly, as part of the set- principles as negligence, product liability, and tual—let alone suspected—membership in a tlement, the manufacturer agreed to instruct its public nuisance. If this legislation passes, the terrorist organization, by itself, is enough to dealers of safer sales practices that should high demand of accountability and liability re- bar someone from purchasing a firearm. But prevent other criminals from obtaining guns. quired by firearms companies will drastically instead of considering a possible change to Since the National Rifle Association owns decrease. For these reasons, I cannot support this part of current law, today we are debating about two-thirds of the Congress, guns have the bill. whether the law should be changed to reduce, fewer safety regulations than teddy bears. The Mr. UDALL of Colorado. Mr. Speaker, some not strengthen, the legal deterrents to such American people can’t look to Congress to of my constituents have let me know they dis- purchases. protect them, so they have no choice but to agreed with my past vote against similar legis- Mr. Speaker, I know that litigation can be turn to the courts. It’s no surprise that this last lation. They asked me to take a closer look costly, and I am not in favor of frivolous law- resort will now be shut down out of deference and consider voting for this bill today, and I suits. Nor am I in favor of banning gun owner- to the almighty gun industry. promised to do so. ship or abolishing the domestic gun manufac- As if this blatant pandering to an industry re- However, after careful review of the bill and turing industry. Earlier this year, for example, sponsible for widespread violence and may- consideration of points raised by its supporters I voted against an amendment that would hem isn’t bad enough, this bill also violates and opponents, I have concluded that I cannot have banned the export of certain American the fundamental right of every American to in good conscience vote for it. firearms overseas. And since the House last have their day in court. As soon as the Presi- I voted against similar legislation in the past considered similar legislation I have also un- dent signs this bill into law, Americans will be because I was not convinced there was a dertaken a deeper review of Second Amend- able to sue the manufacturer of any product need for Congress to take such action to re- ment concerns and my staff and I have met except for guns for death, injury, and any strict certain lawsuits against the manufactur- with thoughtful and enthusiastic Coloradans other kind of negligence. Congress, at the be- ers and sellers of firearms. And I still am not (like my good friend Rick Reeser) who feel dif- hest of the NRA, will close the courthouse convinced that the potential adverse con- ferently about the implications and desirability doors to gun victims. sequences of those lawsuits are so great that of this legislation. I have also had many in- I vote ‘‘no’’ on this bill because no industry, Congress should close the courthouse door to formative conversations with many Colorado certainly not the gun industry, should have the people who think they have valid claims. sportsmen and women, including some of my right to conduct their business without the And, as in the past, I am particularly reluc- staff who make a compelling case that gun oversight of the judicial system. tant to support legislation that would go further ownership is not just a question of legal rights Mr. DAVIS of Illinois. Mr. Speaker, I rise than barring future lawsuits by requiring the but also about respecting and preserving a today in opposition to S. 397, the Protection of immediate dismissal of cases under active critical component of individual liberty. I em- Lawful Commerce in Arms Act. This resolution consideration by the courts. It seems to me brace this view and respect their concerns and immunizes the gun industry—including manu- that this is a dangerous precedent for the leg- acknowledge the need for a less divisive de- facturers, distributors, dealers, or importers of islative branch to undertake, and the courts bate about the preserving Second Amendment firearms and ammunitions—from civil liability are in a much better position than Congress to rights. arising from the criminal and unlawful misuse decide whether the people who have brought But, after a careful reading of the provisions of their products. Advocates of this bill believe those pending cases have valid claims or of this legislation and the most objective re- that it is necessary to pass in order to prevent whether their complaints are frivolous or mali- view that I can make of the arguments for and the rise of ‘‘frivolous’’ lawsuits against compa- cious. against its enactment, I still think we in the

VerDate Aug 31 2005 00:51 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.028 H20OCPT1 H9008 CONGRESSIONAL RECORD — HOUSE October 20, 2005 Congress should leave it to the courts to de- its purpose is to protect the sanctity of state interfere with the preservation or efficiency of cide which of the lawsuits covered by this bill militias or provide a fundamental right to indi- the militia. That is a 1992 case—U.S. v. Hale. are frivolous and which are not. For all these viduals, irrespective of their relationship to The Ninth Circuit in 2003 stated that it is reasons, and especially because we were not state militias, to possess firearms. While this this collective rights model which provides the even permitted to consider any changes, I bill cites in its findings that the Second best interpretation of the second amend- cannot support this legislation. Amendment protects the right of individuals to ment—Silveira v. Lockyer. Mr. OTTER. Mr. Speaker, I rise today to bear arms, there has been a definitive resolu- The Tenth Circuit, a 1977 case, to apply the add my support to S. 397, the Protection of tion by the courts of just what right the Second amendment so as to guarantee an appellant’s Lawful Commerce in Arms Act. Amendment protects. right to keep an unregistered firearm which I also commend Senator LARRY CRAIG from In United States v. Miller, the Supreme has not been shown to have any connection Idaho on his leadership on this legislation, de- Court wrote in 1939 that the ‘‘obvious pur- with the militia, merely because he is tech- fending Americans’ Second Amendment right pose’’ of the right to keep and bear arms in nically a member of the Kansas militia, would to bear arms. the Second Amendment was ‘‘to assure the be unjustifiable in terms of either logic or pol- The Protection of Lawful Commerce in Arms continuation and render possible the effective- icy—U.S. v. Oakes. Act, S. 397, is bipartisan, common-sense leg- ness’’ of state militias and that the guarantee The Eleventh Circuit, a 1997 case con- islation that takes an important step toward of that right ‘‘must be interpreted and applied cerning motivating the creation of the second preventing reckless lawsuits targeting the fire- with that end in view.’’ This language was a amendment, convinces us that the amend- arms industry. Such misguided claims against clear indication that the Second Amendment ment was intended to protect only the use or the legal manufacture and sale of firearms and right to ‘‘bear arms’’ guarantees the right of protection of weapons reasonably related to a ammunition are akin to suing the Postal Serv- the people to maintain effective state militias, militia actively maintained and trained by the ice or an envelope manufacturer over some- but does not provide any type of individual States—U.S. v. Wright. I believe these cases one committing the crime of mail fraud—it just right to own or possess weapons. are evidence of the remarkable degree of judi- doesn’t make sense. The bill provides protec- Mr. Speaker, for more than sixty years fol- cial consensus on the meaning of the Second tion for those in the firearms industry from law- lowing the Supreme Court’s decision in Miller, Amendment. suits arising from the acts of people who crimi- there was little judicial debate regarding the Mr. Speaker, I suggest that if my colleagues nally or unlawfully misuse their products. The scope of the Second amendment. In fact, vir- across the aisle want to amend the Constitu- bill preserves citizen access to firearms and tually every federal appeals court has decided tion, they should do it by amendment rather ammunition for all lawful purposes, including this issue and only one, the Fifth Circuit in than attempting to do it through findings. hunting, self-defense, collecting and competi- United States v. Emerson, has endorsed the Mr, Speaker, this bill also contains a provi- tive or recreational shooting. individual rights view. Since the Emerson opin- sion requiring a conviction before a defendant I believe that manufacturers and sellers of ion in 2001—which was joined by only two cir- who has violated 18 U.S.C. 924(h) can be firearms and ammunition must be protected cuit court judges and actually upheld the gun sued. Requiring a conviction before an of- from restrictions on interstate or foreign com- law at issue—the individual rights view has fender can be sued for the civil consequences merce. In light of the concerted efforts by op- been rejected by the Fourth, Sixth, Seventh, of his unlawful acts would constitute an ex- ponents of the Second Amendment to destroy Ninth and Tenth Circuits. The First, Second, traordinary change in traditional civil liability the gun industry through frivolous lawsuits, it Third and Eighth Circuits also have issued de- standards. The public will remember that O.J. has become imperative that we protect the finitive rulings rejecting the individual rights Simpson was found civilly liable for damages, jobs and economic well-being of the thou- view. even though he had been acquitted in criminal sands of people who work for manufacturers The First Circuit held that the second court. Moreover, such a requirement would and sellers of firearms and ammunition. I find amendment applies only to firearms having a create absurd results, based on what a pros- the idea of holding an industry liable for the ‘‘reasonable relationship to the preservation or ecutor may decide to do in a particular case, criminal misuse of their legal products deplor- efficiency of a well-regulated militia.’’ 1939 Mil- and when he decides to do it. The prosecutor able. Our nation cannot allow the innocent to ler case. may choose not to prosecute a particular case pay for the dealings of the guilty, or we cir- In 1984, in the Second Circuit, the court at all, for various reasons. This would preclude cumvent the very foundation of the rule of law. cited Miller for the proposition that the right to a claim, regardless of how egregious the inju- It is the individuals who commit violent crimes, possess a gun was ‘‘not a fundamental right’’ ries or clear the liability. Or, even where the not the makers of the means, who must take because the Second Amendment did not guar- case is prosecuted, the prosecutor may decide personal responsibility for their actions through antee the right to keep and bear a weapon un- to plea bargain by allowing a defendant who the restitution and civil penalties affirmed by less the evidence showed the firearm had has unlawfully transferred a number guns to law. This should be the case whether or not some ‘‘reasonable relationship’’ to the preser- plead guilty to one transfer and drop the re- a firearm was used to commit the crime. vation or efficiency of a well regulated militia— mainder. It would be absurd to allow one case Without this legislation, further unfounded U.S. v. Toner. to go forward and not others, depending on lawsuits against the gun industry will lead in- In 1996, in the Third Circuit, defendant’s which case was technically pleaded. Of evitably to an encroachment upon our Second possession of machine guns did not have a course, it is always possible that a case will Amendment rights. Congress must work dili- connection with militia-related activity required be thrown out because of an unlawful search gently to reduce the level of political rhetoric for second amendment protections to apply— or seizure because of a coerced confession, surrounding gun control, protect the Second U.S. v. Rybar. or simply because the prosecutor is unable to Amendment, and promote the role of personal The Fourth Circuit, a 1995 case, stated that obtain a conviction. And even where there is responsibility in society. courts have consistently held that the second a conviction, the timing of the conviction, This bill is a key element of our effort to amendment only confers a collective right of alone, may be dispositive of the claim, be- bring some sanity to what’s become a thriving keeping and bearing arms which bear a rea- cause there is nothing in the bill or the law personal injury industry in this country. Ameri- sonable relationship to the preservation or effi- which tolls the statute of limitations on a civil cans understand that suing legitimate firearms ciency of a well-regulated militia—Love v. claim, pending a conviction. And there is noth- manufacturers and dealers out of existence Pepersack. ing in the bill to deal with what happens if the won’t stop criminal gun violence. But trial law- The Sixth Circuit, in 2000, held that the conviction is reversed or appeal. yers are eager to cash in on the pain of vic- lower courts have uniformly held that the sec- Absent a conviction, the unlawful transfer tims, and criminals rarely have deep pockets. ond amendment preserves a collective rather still must be proven in order to pursue the This puts the responsibility where it belongs. than an individual right—U.S. v. Napier. case. This should be protection enough for I joined my colleagues in the House in pass- The Seventh Circuit, the second amend- someone who causes another harm by crimi- ing similar legislation during the 108th Con- ment establishes no right to possess a firearm nal conduct. gress. That unfortunately got held up in the apart from the role possession of the gun Mr. Speaker, this bill is an unprecedented Senate. I am hopeful we will take the oppor- might play in maintaining a State militia. That attack on the due process rights of victims in- tunity today to pass this bill with no changes is a 1999 case—Gillespie v. City of Indianap- jured by the misconduct of an industry that so it can go to the President’s desk for a sig- olis. seeks to escape the legal rules that govern nature. This legislation is long overdue. The Eighth Circuit stated that the purpose of the rest of us and I urge my colleagues to op- Mr. SCOTT of Virginia. Mr. Speaker, once the second amendment is to restrain the Fed- pose this bill. again we find ourselves here debating the eral Government from regulating the posses- I submit the following list of cases sup- scope of the Second Amendment and whether sion of arms where such regulation would porting collective view for the RECORD.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.030 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9009 A Sampling of Court Decisions that Sup- U.S. v. Bournes, 105 F. Supp. 2d 736 (E.D. defend themselves from frivolous lawsuits that port the Militia Interpretation of the Second Mich. 2000). have never, ever succeeded in court. Amendment from The Legal Action Project. U.S. v. Boyd, 52 F. Supp. 2d 1233 (D. Kan. S. 397 only protects legitimate businesses U.S. SUPREME COURT 1999), aff’d, 211 F.3d 1279 (10th Cir. 2000). U.S. v. Henson, 55 F. Supp. 2d 528 (S.D. W. that comply with Federal, State and local fire- U.S. v. Miller, 307 U.S. 174 (1939). Va. 1999). arm laws. Lewis v. United States, 445 U.S. 55 (1980). U.S. v. Visnich, 65 F. Supp. 2d 669 (N.D. Ohio The bill does not waive liability for actually U.S. COURTS OF APPEALS 1999). defective products, breach of contract or war- U.S. v. Parker, 362 F.3d 1279 (10th Cir. 2004). U.S. v. Caron, 941 F. Supp. 238 (D. Mass. ranty, or other causes that are not related to U.S. v. Lippman, 369 F.3d 1039 (8th Cir. 2004). 1996). third-party criminal misuse of firearms. U.S. v. Price, 328 F.3d 958 (7th Cir. 2003). Moscowitz v. Brown, 850 F. Supp. 1185 If we are going to sue firearm makers for U.S. v. Graham, 305 F.3d 1094 (10th Cir. 2002). (S.D.N.Y. 1994). U.S. v. Lucero, 43 Fed. Appx. 299 (10th Cir. U.S. v. Kruckel, 1993 WL 765648 (D.N.J. Aug. armed robberies, why not go on and sue the 2002). 13, 1993). auto maker who made the get-away car? U.S. v. Bayles, 310 F.3d 1302 (10th Cir. 2002). Krisko v. Oswald, 655 F. Supp. 147 (E.D. Pa. The idea is absurd, but some groups and Silveira v. Lockyer, 312 F.3d 1052, rehearing 1987). politicians want to punish firearm manufactur- en banc denied, 328 F.3d 567 (9th Cir. 2003). U.S. v. Kozerski, 518 F. Supp. 1082 (D.N.H. ers for their very existence. Olympic Arms v. Buckles, 301 F.3d 384 (6th 1981), cert. denied, 496 U.S. 842 (1984). As a result, we must pass S. 397 and send Cir. 2002). Vietnamese Fishermen’s Association v. KKK, it to the President. U.S. v. Twenty-Two Various Firearms, 38 543 F. Supp. 198 (S.D. Tex. 1982). Mr. MORAN of Virginia. Mr. Speaker, I rise Fed. Appx. 229 (6th Cir. 2002). Thompson v. Dereta, 549 F. Supp. 297 (D. U.S. v. Hancock, 231 F.3d 557 (9th Cir. 2000), Utah 1982). today in strong opposition to the ‘‘Protection of cert. denied, 121 S. Ct. 1641 (2001). U.S. v. Kraase, 340 F. Supp. 147 (E.D. Wis. Lawful Commerce in Arms Act.’’ U.S. v. Finitz, 234 F.3d 1278 (9th Cir. 2000), 1972). This bill is an attempt to carve out an exclu- cert. denied, 121 S. Ct. 833 (2001). U.S. v. Gross, 313 F. Supp. 1330. (S.D. Ind. sive liability exemption, and its vote on the U.S. v. Lewis, 236 F.3d 948 (8th Cir. 2001). 1970), aff’d on other grounds, 451 F.2d 1355 floor today is a giveback to the gun industry at U.S. v. Hemmings, 258 F. 3d 587 (7th Cir. (7th Cir. 1971). a significant cost to the American people. 2001). STATE COURTS Under this bill, manufacturers and sellers of U.S. v. Hager, 22 Fed. Appx. 130 (4th Cir. Arnold v. Cleveland, 616 N.E.2d 163 (Ohio firearms or ammunition will not be held ac- 2001). 1993). Gillespie v. City of Indianapolis, 185 F.3d 693 countable for even the most irresponsible dis- State v. Fennell, 382 S.E.2d 231 (N.C. 1989). (7th Cir. 1999), cert. denied, 528 U.S. 1116 (2000). tribution of weapons that kill innocent people, U.S. v. Sandidge, 520 A.2d 1057 (D.C.), cert. U.S. v. Napier, 233 F.3d 394 (6th Cir. 2000). including police officers, children and bystand- denied, 108 S.Ct. 193 (1987). U.S. v. Baer, 235 F.3d 561 (10th Cir. 2000). Kalodimos v. Village of Morton Grove, 470 ers of gang violence. U.S. v. Wright, 117 F.3d 1265 (11th Cir.), cert. N.E.2d 266 (Ill. 1984). While the wholesale prohibition against law- denied, 522 U.S. 1007 (1997). Masters v. State, 653 S.W.2d 944 (Tex.App. suits may allow several exemptions, these ex- U.S. v. Rybar, 103 F.3d 273 (3rd Cir. 1996), 1983). clusions overhaul years of legal negligence cert. denied, 522 U.S. 807 (1997). City of East Cleveland v. Scales, 460 N.E.2d Hickman v. Block, 81 F.3d 98 (9th Cir.), cert. standards. 1126 (Ohio App. 1983). denied, 519 U.S. 912 (1996). I’m concerned that this bill for the gun in- State v. Vlacil, 645 P.2d 677 (Utah 1982). U.S. v. Farrell, 69 F.3d 891 (8th Cir. 1995). dustry sets an impractical legal standard for In Re Atkinson, 291 N.W.2d 396 (Minn. 1980). Love v. Pepersack, 47 F.3d 120 (4th Cir.), cert. State v. Rupp, 282 N.W.2d 125 (Iowa 1979). even the most reasonable litigation. denied, 516 U.S. 813 (1995). Commonwealth v. Davis, 343 N.E.2d 847 In the Washington-area, we are particularly U.S. v. Friel, 1 F.3d 1231 (1st Cir.1993). (Mass. 1976). sensitive to gun violence. You may not all re- U.S. v. Hale, 978 F.2d 1016 (8th Cir. 1992), Burton v. Sills, 248 A.2d 521 (N.J. 1968), ap- member, but our nation was held captive for cert. denied, 507 U.S. 997 (1993). peal dismissed, 394 U.S. 812 (1969). U.S. v. Nelsen, 859 F.2d 1318 (8th Cir. 1988). three weeks in October 2002 while two men Harris v. State, 432 P.2d 929 (Nev. 1967). U.S. v. Toner, 728 F.2d 115 (2d Cir. 1984). systematically killed ten people and wounded Thomas v. City Council of Portland, 730 F.2d Mr. GENE GREEN of Texas. Mr. Speaker, three others with a sniper rifle obtained from 41 (1st Cir. 1984). I rise in support of the Protection of Lawful an irresponsible gun dealer that ‘‘lost’’ over Quilici v. Village of Morton Grove, 695 F.2d Commerce in Arms Act. I am an original co- 200 other unaccounted for guns. 261 (7th Cir. 1982), cert. denied, 464 U.S. 863 sponsor of the House version of this legisla- The language in this bill is so restrictive that (1983). tion, H.R. 800. survivors of the victims would not have had U.S. v. Oakes, 564 F.2d 384 (10th Cir. 1977), cert. denied, 435 U.S. 926 (1978). A lawsuit against a gun manufacturer simply any legal recourse against the company U.S. v. Graves, 554 F.2d 65 (3rd Cir. 1977). for being a gun manufacturer has no business whose negligent business practices led to the U.S. v. Swinton, 521 F.2d 1255 (10th Cir. in American courts. deaths of their family. 1975), cert. denied, 424 U.S. 918 (1976). I am proud that every court in our judicial Under the bill, we are eliminating a powerful U.S. v. Warin, 530 F.2d 103 (6th Cir.), cert. system has agreed with that and has thrown incentive for gun dealers to value account- denied, 426 U.S. 948 (1976). out these frivolous lawsuits. ability and keep guns out of the wrong hands. U.S. v. Johnson, 497 F.2d 548 (4th Cir. 1974). However, in U.S. courts we have the Amer- We are implicitly condoning their irresponsible Eckert v. City of Philadelphia, 477 F.2d 610 ican rule, where each side pays their own behavior. (3rd Cir.), cert. denied, 414 U.S. 839 (1973). U.S. v. Day, 476 F.2d 562 (6th Cir. 1973). legal fees under normal circumstances, in- I understand the desire to protect the Amer- Cody v. U.S., 460 F.2d 34 (8th Cir.), cert. de- stead of the English rule, where the loser usu- ican judicial system from what some people nied, 409 U.S. 1010 (1972). ally pays. perceive as frivolous lawsuits. But gun manu- U.S. v. Decker, 446 F.2d 164 (8th Cir. 1971). Generally, I support the American rule be- facturers and sellers should not be able to U.S. v. Synnes, 438 F.2d 764 (8th Cir. 1971), cause it is fairer to individuals seeking relief write their own liability standard into law. vacated on other grounds, 404 U.S. 1009 (1972). from large firms. We aren’t debating a product that has an in- U.S. v. McCutcheon, 446 F.2d 133 (7th Cir. Unfortunately the American rule can mean consequential impact on our nation. 1971). Stevens v. U.S., 440 F.2d 144 (6th Cir. 1971). that frivolous lawsuits which have no chance Almost 30,000 people in our country die U.S. v. Tot, 131 F.2d 261 (3rd Cir. 1942), rev’d of going anywhere still impose a terrible bur- from firearm injuries, murders, and suicides on other grounds, 319 U.S. 463 (1943). den on parties. each year. U.S. v. Cases, 131 F.2d 916 (1st Cir. 1942), Some people in this country are politically According to the National Center for Injury cert. denied sub nom., Velazquez v. U.S., 319 opposed to the firearm industry and believe Prevention and Control, as recently as 2002, U.S. 770 (1943). most firearms should be illegal or hard to ob- 2,893 young people were murdered by fire- U.S. FEDERAL DISTRICT COURTS tain. arms. That accounts for the second leading Parker v. District of Columbia, 311 F. Supp. So these folks do not have a problem cause of death for young people under 19 in 2d 103 (D.D.C. 2004). spending non-profit money and public money the United States. Blackburn v. Jansen, 241 F. Supp. 2d 1047 (D. on a losing lawsuit in pursuit of ideology. Our economy even suffers from this sense- Neb. 2003). However, that is not fair to the firearm in- less violence. From the loss of productivity, Golt v. City of Signal Hill, 132 F. Supp. 2d 1271 (C.D. Cal. 2001). dustry, which is not only completely legal, but medical treatment and rehabilitation and legal Olympic Arms v. Magaw, 91 F. Supp. 2d 1061 has the right to own their product enshrined in costs, gun violence costs the U.S. at least (E.D. Mich. 2000). the U.S. Constitution. $100 billion annually. U.S. v. Willbern, 2000 WL 554134 (D. Kan. Therefore, it is particularly bad that the fire- Instead of putting forth a national plan to Apr. 12, 2000). arm industry has had to pay $200 million to end this futile cycle of death, extending the

VerDate Aug 31 2005 00:51 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A20OC7.046 H20OCPT1 H9010 CONGRESSIONAL RECORD — HOUSE October 20, 2005 ban on assault weapons, or even prohibiting approval process. Coincidentally, Merck Phar- Foley Latham Renzi Forbes LaTourette Reyes people we know are on our own terrorist list maceuticals was at the same time facing mul- Ford Leach Reynolds from obtaining weapons, we are debating how tiple lawsuits tied to its misrepresentation of Fortenberry Lewis (CA) Rogers (AL) to best shield the gun industry from account- the dangers of the prescription drug Vioxx. Fossella Lewis (KY) Rogers (KY) ability and responsibility. Thanks to this Congress, Americans can Foxx Linder Rogers (MI) Franks (AZ) LoBiondo Rohrabacher Mr. Speaker, it is unfortunate today that we continue to exercise their Constitutional right Frelinghuysen Lucas Ros-Lehtinen are sending the wrong message to gun manu- to seek redress in the court system, unless it Gallegly Lungren, Daniel Ross facturers and the worst of all possible mes- involves guns or drugs. Garrett (NJ) E. Royce sages to the public: We are not willing to put Gerlach Mack Ryan (OH) I am gratified to see that this bill does in- Gibbons Manzullo Ryan (WI) special interests aside to protect the American clude certain common-sense provisions such Gilchrest Marchant Ryun (KS) people. as child safety locks and a ban on armor- Gillmor Marshall Salazar Mr. SCHWARZ of Michigan. Mr. Speaker, I piercing bullets. We fought hard for these Gingrey Matheson Sanchez, Loretta Gohmert McCaul (TX) Sanders rise today in strong support of S. 397, the Pro- ideas in the Clinton Administration and I urge Goode McCotter Saxton tection of Lawful Commerce in Arms Act. my colleagues to resist any pressure to have Goodlatte McCrery Schmidt As a gun owner, it troubles me that many them removed. Gordon McHenry Schwarz (MI) interest groups and local municipalities have Granger McHugh Scott (GA) Despite my support for these ideas I must Graves McIntyre Sensenbrenner decided that the way to reduce gun violence vote no on the overall bill. Mr. Speaker, this Green (WI) McKeon Sessions is to put the manufacturers of firearms and bill denies Americans one of their most basic Green, Gene McMorris Shadegg firearm parts out of business through lawsuits Gutknecht Melancon Shaw rights in order to provide special protections Hall Mica Sherwood and the fear of lawsuits. Their actions run for a very special interest. I urge my col- Harris Michaud Shimkus counter to the main purpose of gun ownership: leagues to resist the gun lobby and defeat this Hart Miller (FL) Shuster protection. bill. Hastings (WA) Miller (MI) Simmons The Second Amendment was not written as Hayes Miller, Gary Simpson Mr. SENSENBRENNER. Mr. Speak- Hayworth Mollohan Skelton a mere exercise in constitutional thought. It er, I yield back the balance of my time. Hefley Moran (KS) Smith (NJ) had a practical purpose: First, to ensure that The SPEAKER pro tempore (Mr. Hensarling Murphy Smith (TX) Herger Murtha Sodrel citizens would have the tools to protect their SIMPSON). All time for debate has ex- families and their homes and, second, to en- Herseth Myrick Souder pired. Higgins Neugebauer Spratt sure that an armed militia could be called up Pursuant to House Resolution 493, Hinojosa Ney Stearns to defend the country in emergencies. the Senate bill is considered read and Hobson Northup Strickland Hoekstra Norwood Stupak But these lawsuits, Mr. Speaker, have the the previous question is ordered. potential of crippling the American firearms in- Holden Nunes Sullivan The question is on the third reading Hostettler Nussle Sweeney dustry, in the same manner as the threat of of the Senate bill. Hulshof Obey Tancredo Hunter Ortiz Tanner medical liability has crippled the medical in- The Senate bill was ordered to be dustry. Why would we want to go down that Hyde Osborne Taylor (MS) read a third time, and was read the Inglis (SC) Otter Taylor (NC) route? Why would we want to put firearms out third time. Issa Oxley Terry of the reach of law-abiding citizens. Istook Pearce Thomas The SPEAKER pro tempore. The S. 397, and H.R. 800, the companion legis- Jenkins Pence Thompson (CA) question is on the passage of the Sen- lation of which I was proud to be an original Jindal Peterson (MN) Thornberry ate bill. Johnson (CT) Peterson (PA) Tiahrt co-sponsor, would prohibit state and Federal The question was taken; and the Johnson (IL) Petri Tiberi lawsuits against the gun industry for deaths Johnson, Sam Pickering Turner Speaker pro tempore announced that resulting from unlawful actions of the user. Jones (NC) Pitts Upton In my estimation, Mr. Speaker, these law- the ayes appeared to have it. Kanjorski Platts Walden (OR) Mr. SENSENBRENNER. Mr. Speak- Kaptur Poe Walsh suits are a threat to our hard-earned Second Kelly Pombo Wamp Amendment rights. It is entirely proper that we er, on that I demand the yeas and nays. Kennedy (MN) Pomeroy Weldon (FL) should prevent such unconstitutional actions. I The yeas and nays were ordered. Kind Porter Weldon (PA) The SPEAKER pro tempore. Pursu- King (IA) Price (GA) Weller commend the gentleman from Florida, Mr. King (NY) Pryce (OH) Westmoreland STEARNS, and Chairman SENSENBRENNER for ant to clause 8 of rule XX, this 15- Kingston Putnam Whitfield their hard work on this legislation, and I urge minute vote on passage of S. 397 will be Kline Radanovich Wicker passage of the bill. followed by a 5-minute vote on the mo- Knollenberg Rahall Wilson (NM) tion to instruct on H.R. 2744. Kolbe Ramstad Wilson (SC) Mr. EMANUEL. Mr. Speaker, I rise in strong Kuhl (NY) Regula Wolf opposition to S. 397, the Gun Manufacturers The vote was taken by electronic de- LaHood Rehberg Young (AK) Liability Protection Act. Shielding gun manu- vice, and there were—yeas 283, nays Larsen (WA) Reichert Young (FL) 144, not voting 6, as follows: facturers, dealers and distributors from liability NAYS—144 is one of the most egregious forms of cor- [Roll No. 534] Abercrombie Doggett Kildee porate welfare we’ve considered in this House YEAS—283 Ackerman Doyle Kilpatrick (MI) all year. Aderholt Boucher Crenshaw Allen Emanuel Kirk This is George Orwell legislation at its fin- Akin Boustany Cubin Andrews Engel Kucinich est—all industries are equal, but some are Alexander Boyd Cuellar Baldwin Eshoo Langevin Baca Bradley (NH) Culberson Becerra Etheridge Lantos more equal than others. If you sell beer to a Bachus Brady (TX) Cunningham Berman Evans Larson (CT) 17-year-old and he causes an accident, you Baird Brown (SC) Davis (AL) Bishop (NY) Farr Lee can be held liable. But if you allow a 17-year- Baker Brown-Waite, Davis (KY) Blumenauer Fattah Levin Barrett (SC) Ginny Davis (TN) Brady (PA) Filner Lewis (GA) old to walk out of your store with a high pow- Barrow Burgess Davis, Jo Ann Brown (OH) Frank (MA) Lipinski ered rifle, don’t worry. Congress has your Bartlett (MD) Burton (IN) Davis, Tom Brown, Corrine Gonzalez Lofgren, Zoe back. Barton (TX) Butterfield Deal (GA) Capps Green, Al Lowey Mr. Speaker, this is not a hypothetical case. Bass Buyer DeFazio Capuano Grijalva Lynch Bean Calvert Dent Cardin Gutierrez Maloney Last year the families of DC sniper victims set- Beauprez Camp Diaz-Balart, L. Carnahan Harman Markey tled for $2.5 million with Bull’s Eye Shooter Berkley Cannon Diaz-Balart, M. Carson Hastings (FL) Matsui Supply and Bushmaster Firearms, because Berry Cantor Dingell Case Hinchey McCarthy Biggert Capito Doolittle Castle Holt McCollum (MN) Bull’s Eye allowed Lee Boyd Malvo to shoplift Bilirakis Cardoza Drake Clay Honda McDermott a military quality rifle—one of 233 guns they Bishop (GA) Carter Dreier Cleaver Hooley McGovern could not account for when investigated by the Bishop (UT) Chabot Duncan Clyburn Hoyer McKinney ATF. Some of my colleagues call this a frivo- Blackburn Chandler Edwards Conyers Inslee McNulty Blunt Chocola Ehlers Crowley Israel Meehan lous lawsuit. I don’t think there is anything friv- Boehlert Coble Emerson Cummings Jackson (IL) Meek (FL) olous about 233 missing guns. Boehner Cole (OK) English (PA) Davis (CA) Jackson-Lee Meeks (NY) In July of this year we gift wrapped a provi- Bonilla Conaway Everett Davis (IL) (TX) Menendez sion in the Medical Malpractice Bill that shield- Bonner Cooper Feeney DeGette Jefferson Millender- Bono Costa Ferguson Delahunt Johnson, E. B. McDonald ed the pharmaceutical industry from liability on Boozman Costello Fitzpatrick (PA) DeLauro Jones (OH) Miller (NC) any drug that made it through the regular FDA Boren Cramer Flake Dicks Kennedy (RI) Miller, George

VerDate Aug 31 2005 00:51 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.048 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9011 Moore (KS) Rush Towns The vote was taken by electronic de- English (PA) Kline Regula Moore (WI) Sabo Udall (CO) vice, and there were—yeas 209, nays Everett Knollenberg Rehberg Moran (VA) Sa´ nchez, Linda Udall (NM) Feeney Kolbe Reichert Nadler T. Van Hollen 216, not voting 8, as follows: Ferguson Kuhl (NY) Renzi Napolitano Schakowsky Vela´ zquez [Roll No. 535] Fitzpatrick (PA) LaHood Reynolds Neal (MA) Schiff Visclosky Flake Latham Rogers (AL) Oberstar Schwartz (PA) Wasserman YEAS—209 Foley LaTourette Rogers (KY) Olver Scott (VA) Forbes Lewis (CA) Schultz Abercrombie Grijalva Napolitano Rogers (MI) Owens Serrano Fortenberry Linder Waters Ackerman Gutierrez Neal (MA) Rohrabacher Pallone Shays Fossella LoBiondo Watson Allen Harman Oberstar Ros-Lehtinen Pascrell Sherman Foxx Lucas Watt Andrews Hastings (FL) Obey Royce Pastor Slaughter Franks (AZ) Lungren, Daniel Baca Herseth Olver Ryan (WI) Paul Smith (WA) Waxman Frelinghuysen E. Baird Higgins Ortiz Ryun (KS) Payne Snyder Weiner Gallegly Mack Baldwin Hinchey Owens Saxton Pelosi Solis Wexler Garrett (NJ) Manzullo Barrow Hinojosa Pallone Schmidt Price (NC) Stark Woolsey Gerlach Marchant Bean Holden Pascrell Schwarz (MI) Rangel Tauscher Wu Gibbons McCaul (TX) Becerra Holt Pastor Sensenbrenner Rothman Thompson (MS) Wynn Gilchrest McCotter Berkley Honda Payne Sessions Ruppersberger Tierney Gillmor McCrery Berman Hooley Pelosi Shadegg Gingrey McHenry Berry Hoyer Peterson (MN) Shaw NOT VOTING—6 Gohmert McHugh Bishop (GA) Inslee Pomeroy Sherwood Goode McKeon Boswell DeLay Musgrave Bishop (NY) Israel Price (NC) Shimkus Goodlatte McMorris Davis (FL) Keller Roybal-Allard Blumenauer Jackson (IL) Pryce (OH) Granger Mica Shuster Boren Jackson-Lee Rahall Graves Miller (FL) Simpson b 1153 Boucher (TX) Rangel Green (WI) Miller (MI) Smith (NJ) Boyd Jefferson Reyes Ms. EDDIE BERNICE JOHNSON of Gutknecht Miller, Gary Smith (TX) Brady (PA) Johnson (CT) Ross Hall Moran (KS) Smith (WA) Texas, Ms. SCHAKOWSKY, and Mr. Brown (OH) Johnson (IL) Rothman Harris Murphy Sodrel DICKS changed their vote from ‘‘yea’’ Brown, Corrine Johnson, E. B. Ruppersberger Hart Musgrave Souder Butterfield Jones (NC) Rush to ‘‘nay.’’ Hastings (WA) Neugebauer Stearns Camp Jones (OH) Ryan (OH) Hayes Ney Sweeney Ms. LORETTA SANCHEZ of Cali- Capps Kanjorski Sabo Hayworth Northup Tancredo fornia, Mrs. EMERSON, Mr. MORAN of Capuano Kaptur Salazar Hefley Norwood Taylor (NC) Cardin Kennedy (RI) Sa´ nchez, Linda Kansas, and Mr. JONES of North Caro- Hensarling Nunes Terry Cardoza Kildee T. lina changed their vote from ‘‘nay’’ to Herger Nussle Thomas Carnahan Kilpatrick (MI) Sanchez, Loretta Hobson Osborne Thornberry ‘‘yea.’’ Carson Kind Sanders Hoekstra Otter Tiahrt So the Senate bill was passed. Case Kucinich Schakowsky Hostettler Oxley Tiberi Chandler Langevin Schiff The result of the vote was announced Hulshof Paul Turner Clay Lantos Schwartz (PA) Hunter Pearce Upton as above recorded. Cleaver Larsen (WA) Scott (GA) Hyde Pence Walden (OR) A motion to reconsider was laid on Clyburn Larson (CT) Scott (VA) Inglis (SC) Peterson (PA) Walsh Conyers Leach Serrano the table. Issa Petri Wamp Cooper Lee Shays Stated for: Istook Pickering Weldon (FL) Costa Levin Sherman Jenkins Pitts Weldon (PA) Mrs. MUSGRAVE. Mr. Speaker, on rollcall Costello Lewis (GA) Simmons Jindal Platts Weller No. 534 I was unavoidably detained. Had I Cramer Lewis (KY) Skelton Johnson, Sam Poe Westmoreland Crowley Lipinski Slaughter been present, I would have voted ‘‘yea.’’ Kelly Pombo Wicker Cuellar Lofgren, Zoe Snyder Kennedy (MN) Porter Wilson (NM) f Cummings Lowey Solis King (IA) Price (GA) Wilson (SC) Cunningham Lynch Spratt King (NY) Putnam Wolf MOMENT OF SILENCE IN MEMORY Davis (AL) Maloney Strickland Kingston Radanovich Young (AK) Davis (CA) Markey Stupak OF VICTIMS OF RECENT EARTH- Kirk Ramstad Young (FL) QUAKE IN PAKISTAN, INDIA AND Davis (IL) Marshall Sullivan Davis (TN) Matheson Tanner NOT VOTING—8 AFGHANISTAN DeFazio Matsui Tauscher Boswell Keller Roybal-Allard The SPEAKER. The Chair would ask DeGette McCarthy Taylor (MS) Delahunt McCollum (MN) Thompson (CA) Davis (FL) Moran (VA) Stark all Members to stand and observe a mo- DeLauro McDermott Thompson (MS) DeLay Myrick ment of silence in memory of the vic- Dicks McGovern Tierney b 1204 tims of the recent earthquake in Paki- Dingell McIntyre Towns stan, India and Afghanistan. Doggett McKinney Udall (CO) Mr. DAVIS of Kentucky changed his Doyle McNulty Udall (NM) vote from ‘‘yea’’ to ‘‘nay.’’ f Edwards Meehan Van Hollen Emanuel Meek (FL) Vela´ zquez Mrs. McCARTHY changed her vote ANNOUNCEMENT BY THE SPEAKER Engel Meeks (NY) Visclosky from ‘‘nay’’ to ‘‘yea.’’ Eshoo Melancon Wasserman So the motion to instruct was re- The SPEAKER. Without objection, Etheridge Menendez Schultz jected. proceedings will resume with a 5- Evans Michaud Waters Farr Millender- Watson The result of the vote was announced minute vote. Fattah McDonald Watt as above recorded. There was no objection. Filner Miller (NC) Waxman A motion to reconsider was laid on Ford Miller, George Weiner f Frank (MA) Mollohan Wexler the table. MOTION TO GO TO CONFERENCE Gonzalez Moore (KS) Whitfield APPOINTMENT OF CONFEREES Gordon Moore (WI) Woolsey The SPEAKER pro tempore (Mr. ON H.R. 2744, AGRICULTURE, Green, Al Murtha Wu RURAL DEVELOPMENT, FOOD Green, Gene Nadler Wynn SIMPSON). Without objection, the Chair appoints the following conferees on AND DRUG ADMINISTRATION, NAYS—216 AND RELATED AGENCIES APPRO- H.R. 2744: Messrs. BONILLA, KINGSTON, Aderholt Bono Coble LATHAM, Mrs. EMERSON, Messrs. GOODE, PRIATIONS ACT, 2006 Akin Boozman Cole (OK) LAHOOD, DOOLITTLE, ALEXANDER, LEWIS Alexander Boustany Conaway MOTION TO INSTRUCT OFFERED BY MS. DELAURO Bachus Bradley (NH) Crenshaw of California, Ms. DELAURO, Messrs. The SPEAKER. The unfinished busi- Baker Brady (TX) Cubin HINCHEY, FARR, BOYD, Ms. KAPTUR, and ness is the vote on the motion to in- Barrett (SC) Brown (SC) Culberson Mr. OBEY. struct on H.R. 2744 offered by the gen- Bartlett (MD) Brown-Waite, Davis (KY) Barton (TX) Ginny Davis, Jo Ann There was no objection. tlewoman from Connecticut (Ms. Bass Burgess Davis, Tom f DELAURO) on which the yeas and nays Beauprez Burton (IN) Deal (GA) are ordered. Biggert Buyer Dent REMOVAL OF NAME OF MEMBER Bilirakis Calvert Diaz-Balart, L. AS COSPONSOR OF H.R. 551 The Clerk will redesignate the mo- Bishop (UT) Cannon Diaz-Balart, M. tion. Blackburn Cantor Doolittle Mr. HONDA. Mr. Speaker, I ask The Clerk redesignated the motion. Blunt Capito Drake unanimous consent to have the name The SPEAKER. The question is on Boehlert Carter Dreier of my colleague from Arizona (Mr. Boehner Castle Duncan the motion to instruct. Bonilla Chabot Ehlers FRANKS) removed as a cosponsor of This will be a 5-minute vote. Bonner Chocola Emerson H.R. 551. His name was added in error.

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.038 H20OCPT1 H9012 CONGRESSIONAL RECORD — HOUSE October 20, 2005 The SPEAKER pro tempore. Is there Committee will allow the gentleman amendment does what we are con- objection to the request of the gen- from Massachusetts (Mr. FRANK) to cerned about and some people are pro- tleman from California? offer an amendment which would put posing undermining the ability of some There was no objection. the bill back in the position which 65 groups, faith-based groups. That is why f people in the committee supported at the Catholic Conference is so con- the time it was reported out. cerned about it, faith-based groups or AMENDMENT PROCESS FOR H.R. I thank my colleague for yielding and other groups who would build afford- 1461, FEDERAL HOUSING FINANCE would ask him if he can give us some able housing, get money under the bill REFORM ACT OF 2005 thought on that issue, which we feel and then be precluded from partici- Mr. SESSIONS. Mr. Speaker, the very strongly about, and hope that pating in any efforts, not partisan ef- Rules Committee may meet next week that amendment can be protected and forts but nonpartisan efforts to get to grant a rule which could limit the made in order by the committee and people on the rolls. amendment process for floor consider- that we will have a full and fair debate I would just urge the gentleman, who ation of H.R. 1461, the Federal Housing on the floor of the House with ref- is a distinguished member of the Rules Finance Reform Act of 2005. The bill erence to that amendment. Committee, to consider, very hope- was introduced on April 5 and referred Mr. SESSIONS. Reclaiming my time, fully, favorably the request of Ranking to the Committee on Financial Serv- I appreciate the gentleman not only Member FRANK to have made in order ices which ordered the bill reported out asking these questions but bringing up an amendment to deal with that sub- by a vote of 65–5 on May 25 and filed in and talking about some important ject. I thank the gentleman for yield- the House on July 14. issues. ing. Any Member wishing to offer an First of all, I would be the first one Mr. SESSIONS. I would say to the amendment should submit 55 copies of to admit that we have for the last few gentleman, reclaiming my time, that the amendment and one copy of a brief weeks been dealing with issues related the Rules Committee has been visited explanation of the amendment to the to Katrina and other important mat- by the gentleman from Massachusetts. Rules Committee in room H–312 of the ters as it relates to housing. He is no stranger to the Rules Com- Capitol by noon on Tuesday, October To answer the gentleman most di- mittee. You also in your leadership ca- 25, 2005. Members should draft their rectly, I must say that the instructions pacities and otherwise as a Member of amendments to the text of the bill as that I have given are that we are going Congress representing your constitu- reported by the Committee on Finan- back to the bill of July 14. There have ents from Maryland have been very cial Services on July 14. Members been no changes made at this time to vigorous in your support of the things should use the Office of Legislative that. That will be the text that will be which you believe, the ideas which you Counsel to ensure that their amend- considered by the Rules Committee. choose to press to the Rules Com- ments are drafted in the most appro- The Rules Committee, as we delib- mittee. The Rules Committee is very priate format. Members are advised to erate, we take into consideration open, and our esteemed chairman will check with the Office of the Parliamen- amendments of how people would wish make available that time. tarian to be certain their amendments for the bill to be changed, new We do not know the content of that comply with the rules of the House. thoughts and ideas; and that will be manager’s amendment that you are Mr. HOYER. Mr. Speaker, will the just as current as the filing date that talking about at this time. We once gentleman yield? we have set. So it is my hope that you again encourage all Members, includ- Mr. SESSIONS. I yield to the gen- would have the opportunity to work ing the process that will be followed for tleman from Maryland. with Members of your party, and that the manager’s amendment, to be filed Mr. HOYER. I thank the gentleman this announcement would be available on that date, October 25. for yielding. for Members of my party to say that Mr. HOYER. I thank the gentleman. Mr. Speaker, I would ask the gen- we are open to any amendment, any f tleman: the bill which you just indi- thought process that people would like cated would be on the floor next week to come to the Rules Committee. LEGISLATIVE PROGRAM and you asked for amendments to be It is not unusual for us to hold hear- (Mr. HOYER asked and was given filed in a timely fashion is a very im- ings and take testimony that may take permission to address the House for 1 portant bill. It came out, as you point- hours and hours and we hear from peo- minute.) ed out, with overwhelming bipartisan ple. That thought process will be con- Mr. HOYER. Mr. Speaker, I yield to support. I think you said 65–7. Since sidered next week. The chairman of the my friend from Missouri (Mr. BLUNT), that time, it is my understanding that Rules Committee, the gentleman from the distinguished acting majority lead- there has been some change in the bill. California, has instructed me to advise er, for the purpose of inquiring about In particular, I refer to the provision Members that we will be ready to do the schedule for the week to come. which deals with the ability of those business next week and be open to the Mr. BLUNT. Mr. Speaker, I thank my who may receive dollars under the pro- amendment process as Members good friend for yielding and would say visions of the bill for the purposes of choose. that we intend to convene the House constructing affordable housing, that if Mr. HOYER. I thank the gentleman next Tuesday at 12:30 p.m. for morning they receive Federal funds that they for that information. There has been hour and 2 p.m. for legislative business. will be unable to thereafter participate some suggestion, I understand, how- We will consider several measures in encouraging voter registration ever, that although the bill may be in under suspension of the rules. A final drives or getting more people on the the same shape now, that there is a list of those bills will be sent to Mem- rolls to vote. That is something that I manager’s amendment proposed and bers’ offices by the end of the week. think the whole House ought to ad- that the vote on the manager’s amend- Any vote called on these measures on dress. ment, which we presume, we have not Tuesday will be rolled until 6:30 p.m. I believe the ranking member is seen it, would cover a multitude of sub- For Wednesday and the balance of going to ask that that be struck from jects that are in the bill; that the vote the week, the House will consider addi- the bill so that there not be a pre- on the issue that I have raised could be tional legislation under suspension of clusion on voter registration drives or made on that manager’s amendment. the rules, as well as several measures participation. The Catholic Conference Therefore, you would have to vote under a rule. One will be the Federal is very concerned about that. I would against the manager’s amendment if it Housing Finance Reform Act of 2005 presume a number of faith-based orga- changes the provision to which I re- that has just been discussed; two, the nizations are very concerned about ferred. Lawsuit Abuse Reduction Act of 2005. that provision. I may have a discussion I would hope, and this is not a ques- The third bill that we would expect to briefly with the acting majority leader tion, just an expression, that the ma- see under a rule would be House Joint on that issue as well. jority would make in order an amend- Resolution 65, which would be a resolu- But can the gentleman tell me ment so that we could have a debate on tion necessary under the Defense Base whether or not he believes the Rules that issue if in fact the manager’s Closure Commission for the House to

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.028 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9013 have a disapproval vote on the work of Members who think perhaps that con- that election go on. New Jersey guber- that commission, a vote that is re- dition should not be attached to the natorial, as is Virginia and Ohio. So a quired by the structure itself. bill to have a free shot at making that very large number of people in America b 1215 policy judgment on a separate amend- will be confronting elections and, ment rather than just as a vote against therefore, a large number of our Mem- In addition to that we plan to con- the manager’s amendment, which bers. sider an amendment to the fiscal year seems like somewhat not only a clum- Has the majority considered the pos- 2006 budget resolution that would out- sy vehicle but very conflicted because sibility of making sure that we do not line plans for budgeting for the ex- there will be some issues in the man- have votes until later on in the day, penses associated with Hurricane ager’s amendment, most of which I am Tuesday, so that we can free up our Katrina. sure the gentleman from Massachu- Members in those jurisdictions, A, to I would also like to announce at this setts (Mr. FRANK) and the gentleman vote and, B, to participate to the ex- time that the following Monday, while from Ohio (Mr. OXLEY) will probably tent that they feel it necessary to do we have scheduled that as a workday, agree on, but I would hope that the so? the following Monday, October 31, will acting majority leader could work with I yield to the gentleman. be a day that we will not be in session. the gentleman from California (Mr. Mr. BLUNT. Mr. Speaker, I appre- That allows Members to spend that day DREIER), with his leadership to ensure ciate the gentleman yielding to me. with their families, and for Members that we have a freestanding debate on The week that is in question there who want to take their children or that issue. It is an important issue, and has, of course, been on the calendar for their grandchildren trick or treating, I think it will serve the House well if a while as a workweek. We would in- that day is available for them to do we do that. tend at this point to have the reconcili- that. I would be glad to yield to my friend ation items on the floor that week. It Mr. HOYER. Mr. Speaker, reclaiming for any comments he might have. will be a very full week of work if we my time, on behalf of all the parents Mr. BLUNT. Mr. Speaker, I appre- hope to get out of here by Thanks- and grandparents, the acting majority ciate my friend yielding to me. giving, by November 18, as is still our leader and I had a brief conversation I listened particularly carefully to principal goal if we find cooperation in about my 3-year-old granddaughter, the gentleman from Texas’ answer the Senate on that. I think it is likely who this past weekend had the oppor- after the gentleman from Maryland that we would stay with the regular tunity to show me the costume she is said he might ask me the same ques- schedule. We have elections in Missouri going to be wearing on trick or treat tion. I am not sure I can improve on too on that day, and while I hope to be night, and she said, Hey, Pop, can you his answer to any extent. I think that there part of the day on Monday, I go with me? And I appreciate the gen- is the purpose for the Committee on have already voted absentee, and I as- tleman’s making that time available Rules hearing to make that case. sume many of our other Members have on behalf of his side and my side for all I believe there will be amendments already taken that action as well. of us who might be doing that. That is allowed. I know there is a wide discus- Mr. HOYER. Mr. Speaker, reclaiming a treat early, not a trick, and we ap- sion that this new fund, a fund we have my time, I thank the gentleman for his preciate that very much. never had before, if we do create that information. Perhaps we can talk First of all, Mr. Speaker, the leader fund, can be part of the solution to the about that further. I understand the heard me have the discussion with the impact of Hurricane Katrina and Rita problem. We are running out of time. gentleman from Texas (Mr. SESSIONS) and maybe even Wilma. So, assuming We have got to use the days that are of the Committee on Rules. I wonder if that Wilma creates a housing problem available. That is a very practical perhaps you could comment. We do not as well, for that to be included there problem. I did not have Missouri on my know the status of the manager’s would have to be some amendment, as list, but obviously a large number of amendment, as the gentleman from the gentleman suggested, even though States. Maryland does not. Maryland Texas (Mr. SESSIONS) indicates. The the bill, when it came out of the Com- does not have elections this Tuesday acting majority leader does not know mittee on Financial Services weeks, I other than municipal elections, so that the status of the amendment, and I believe now even perhaps months ago, is not a real problem for our State. But presume that is being worked on. But with a large vote, does need some ad- I understand the time problem, and we have concerns that a very critically justment because of circumstances perhaps we can discuss it a little fur- important provision of the bill, an that have occurred since then that ther and see if there are some other overwhelming bipartisan bill, 65 to 7, both the ranking member and the times that we might utilize. might be changed and might have chairman would be supporting. Finally, I would like to inquire fur- added to it a condition for the receipt But that is the purpose of that hear- ther on the schedule for the balance of of money by faith-based charitable oring, and I thought that the gentleman the year. Our target adjournment date, ganizations, nonprofit organizations to from Texas (Mr. SESSIONS) made the as I understand it, is November 18. I receive money to build housing; that if case well, that the Committee on Rules hope we can make that. As the gen- they received such money that a condi- will listen to those arguments and tleman pointed out, we do not have tion of the receipt of that money would make that determination. total control. The other body has to do be that they could not participate in Mr. HOYER. Mr. Speaker, reclaiming things as well for us to get there. voter registration efforts. my time, I think he made the case that If we do not make November 18, am I We have a letter from Catholic they would listen and make a deter- correct that the week of Thanksgiving, bishops very concerned about that. mination. We are hopeful that they the Members can be assured that they Other faith-based organizations are will make a determination that if they will not be here the week of Thanks- very concerned about that. I am sure are going to change the bill by the giving, and am I correct that the prob- nonfaith-based organizations are con- manager’s amendment they will allow ability is that the week after Thanks- cerned about that. And, obviously, if the full House to consider whether that giving, which I think starts either the the position is left in place as it now change is appropriate. But I thank the 28th or 29th, that Monday, would not be exists or as it existed when it passed gentleman for his information. weeks that we would be here but that, out of the House, we would think that, Secondly, Mr. Speaker, if I can, we if need be, the week after that and per- without that preclusion, without that appreciate very much the action on haps the week after that in December condition attached, we would be obvi- Halloween, on that Monday, October would be weeks that we would be uti- ously not offering an amendment be- 31. I think that was appropriate. As the lizing? cause we all agree with that. On the gentleman knows, the following week, I yield to the gentleman. other hand, if the manager’s amend- November 8 is election day for a lot of Mr. BLUNT. Mr. Speaker, I thank ment somehow changes that and puts people: New York City, the State of the gentleman for yielding to me. that condition into the bill, then we California, obviously very large juris- We still are hopeful that November 18 would very much hope, Mr. Speaker, dictions; Virginia, a major election could be the date. Our friends in the that the majority would allow all the going on there. All of us are watching other body did indicate this week that

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.029 H20OCPT1 H9014 CONGRESSIONAL RECORD — HOUSE October 20, 2005 they had work on schedule that would bills have already been signed into law The SPEAKER pro tempore (Mr. allow them to keep that date. I think by the President. It is possible that we SIMPSON). Is there objection to the reit is reasonable to assume that some of would have other additional conference quest of the gentleman from Missouri? the work we have to do jointly will reports next week. There was no objection. stretch out to meet the time frame I am not trying to anticipate too f that they are here rather than the time much here, but I think the most likely frame that we are here, and we need to conference that might be completed DISPENSING WITH CALENDAR be aware of that. We are still hoping next week would be the conference that WEDNESDAY BUSINESS ON for November 18. we just appointed conferees to, the ag- WEDNESDAY NEXT The week after Thanksgiving, the riculture conference, and have that bill Mr. HULSHOF. Mr. Speaker, I ask week that starts on November 28 and as a fourth bill that was completed. unanimous consent that the business ends on December 2, if we are still in But the Senate work that allows us to in order under the Calendar Wednesday session at the end of the month of No- address these bills one at a time, which rule be dispensed with on Wednesday vember, we would not plan to work I know we all believe is the best way to next. that week. Clearly, we do not plan to do this work, has finally reached a The SPEAKER pro tempore. Is there work Thanksgiving or the day after. If, point that bears some likelihood that objection to the request of the gen- in finishing this process up, November all of that could happen and hopefully tleman from Missouri? 19, November 20, November 21 would will happen by November 18. There was no objection. finish the process up, I would hate to Mr. HOYER. Mr. Speaker, I thank suggest that we would not finish and the gentleman for his answer. f get our work done, but certainly the Lastly, we were expecting today to DEMOCRAT IRRESPONSIBILITY November 28 to December 2 would be a have a budget amendment, or an (Mr. PRICE of Georgia asked and was date that I think he and I could right amended budget, on the floor today. given permission to address the House now announce to the Members that if That did not happen. He referenced it for 1 minute.) they are planning family activities in his opening discussion of the sched- Mr. PRICE of Georgia. Mr. Speaker, after Thanksgiving that even if we are ule. with the recent hurricanes on the gulf still in session, we would not intend for Does he expect that bill to come to coast, it is heartwarming to witness that week to be a workweek. the floor next week, and if so, does he the unity and the outpouring of sup- Mr. HOYER. Mr. Speaker, I thank expect it to call for reconciliation cuts port from all Americans. the gentleman for his answer. I think above and beyond the $35 billion that It is a unity of purpose from all, ex- that is very helpful for Members who was in the original budget? cept one group: Democrats in the are trying to plan. I yield to the gentleman. House of Representatives. That is Mr. Speaker, the PATRIOT Act, we Mr. BLUNT. Mr. Speaker, I thank right. were told that we might go to con- the gentleman for yielding. Our Republican leadership is working ference on that bill this week. That did I think I announced earlier that I did valiantly to find resources to provide not happen. Does the gentleman know expect that bill to be on the floor next help for the displaced residents. The when we anticipate perhaps going to week. And in addition, the change in way to do that is to reopen the budget conference on the PATRIOT Act? the approach to that measure would be and identify savings elsewhere to pay Mr. BLUNT. Mr. Speaker, if the gen- that it would include not only a higher for those new costs, and the Democrat tleman will continue to yield, we are goal for savings in the mandatory pro- leadership says, They won’t get one continuing to do work on getting ready grams, an issue we do not take up very Democrat vote. for that conference. I would hope that often in the House. I think this would Now, that is leadership. How sad. that conference would occur at any be the second time in 10 years we have Mr. Speaker, the American people ex- time. I am confident that we will ap- looked at mandatory savings, but also pect us to work together to solve prob- point conferees and have that con- to include a commitment to revisit the lems. Democrats are stuck practicing ference completed before the law ex- discretionary part of the budget some- the tired, old, petty, partisan politics pires. So I think that in itself sets a time between now and the end of the of the past; and this is disappointing fairly short deadline but would expect process and to work with the adminis- and irresponsible. America deserves to see that happen in the near future as tration on reconciliation as well as more than obstruction from a once- we thought it might even happen this looking at the authority for programs proud party. week. that we did not fund in this Congress Mr. HOYER. Mr. Speaker, I appre- and in several cases have not funded f ciate his answer. for some time and eliminate the au- BUDGET AMENDMENT Reclaiming my time, on appropria- thority for perhaps as many as 95 or tions conference reports, prior to the more programs that are receiving no (Ms. WOOLSEY asked and was given Thanksgiving recess, can he tell us how funding. permission to address the House for 1 many he anticipates might be ready, minute and to revise and extend her re- obviously realizing that the other b 1230 marks.) body’s actions are difficult to deter- All four of those items would be in Ms. WOOLSEY. Mr. Speaker, the Re- mine, but does he have any thoughts on the budget resolution that the Com- publicans’ misplaced budget priorities what appropriations conference reports mittee on the Budget would bring to are actually shameful. They continue we might be considering prior to the the floor. to be a reverse Robin Hood, slashing November 18 date? Mr. HOYER. Mr. Speaker, I thank funds to safety net programs only to Mr. BLUNT. Mr. Speaker, will the the gentleman for that information. give more tax cuts to the wealthiest of gentleman yield? f Americans. Mr. HOYER. I yield to the gentleman The budget reconciliation that we from Missouri. ADJOURNMENT TO MONDAY, OCTO- will talk about next week or the next Mr. BLUNT. Mr. Speaker, I thank BER 24, 2005, AND HOUR OF week, whenever you guys can get your the gentleman for yielding and would MEETING ON TUESDAY, OCTOBER stuff together, proposes huge cuts in say that it is still our goal to get out 25, 2005 important programs that the poor and of here, to get the session completed by Mr. HULSHOF. Mr. Speaker, I ask the working poor depend on day in and the Thanksgiving recess. In that case unanimous consent that when the day out, such as $15 billion in cuts in we would have all the bills completed. House adjourns today, it adjourn to Medicaid programs; $12.5 billion for The Senate seems to have really got- meet at noon on Monday next; and fur- student loans; and almost $1 billion in ten their appropriations process ener- ther, when the House adjourns on that cuts for food stamps. All of this while, gized in a way that means a number of day, it adjourn to meet at 12:30 p.m. on and you would allow the richer to get bills will soon be ready for conference. Tuesday, October 25, 2005, for morning even richer at the expense of helping As the gentleman knows, three of the hour debates. those who need it the most, doing

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.030 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9015 nothing to offset Katrina expenses or foster child payments in the United by working people with their Social Se- to reduce our Nation’s deficit. States, no matter where they were or curity money that is supposed to pay Using Hurricane Katrina as an excuse what situation they were in. for the future of that program. to extend tax cuts, while taking from What the Republicans want to do in They say, well, it is the darn Demo- the programs that the victims of the this bill is repeal a court decision. crats. No, it is not the darn Democrats. hurricane need most, is an embarrass- They do not like what the courts did. It is the Republicans who control ev- ment. I hope you will fix it. The same thing is true about kinship erything who have brought up $8 tril- f care. If a child is picked up by a foster lion of debt, a 60 percent increase in home, they get money; but if they are the 5 years George Bush has been in the REPUBLICANS OFFER A COMMON- picked up by their grandmother, they White House; and, no, it was not all SENSE BUDGET PROPOSAL are not entitled to it, no matter what spent on the war in Iraq and homeland (Mr. WILSON of South Carolina the circumstances are. That is the fam- security. A lot of it came from huge asked and was given permission to ad- ily friendly Republican budget cuts. tax cuts to the wealthiest among us, dress the House for 1 minute and to re- f immensely expensive tax cuts that go vise and extend his remarks.) predominantly to people who earn over Mr. WILSON of South Carolina. Mr. SPECIAL ORDERS $311,000 a year; and they want to give Speaker, when American families face The SPEAKER pro tempore (Mr. permanent exemption of estate tax to financial crises, they make important KUHL of New York). Under the Speak- estates over $6 million. They consider sacrifices and responsible decisions to er’s announced policy of January 4, $100 million, $200 million, that is a get their family budget back on track. 2005, and under a previous order of the small family farm or small business in As the Federal Government con- House, the following Members will be Republicanland over here. tinues to pay for the rising cost of hur- recognized for 5 minutes each. Unfortunately, those tax cuts are im- ricanes Katrina and Rita, Congress mensely expensive, and they are bor- f must also make necessary sacrifices rowing the money to finance them and and follow a strict budget. House Re- The SPEAKER pro tempore. Under a the government. publicans are leading the effort to re- previous order of the House, the gen- The entire general fund of govern- duce spending and have recently pro- tleman from California (Mr. SCHIFF) is ment of the United States, everything posed commonsense reforms to elimi- recognized for 5 minutes. that government does outside of the nate 98 Federal programs, saving more (Mr. SCHIFF addressed the House. military is paid for with borrowed than $4.3 billion. His remarks will appear hereafter in money, $1.2 billion a day, some of it Democrats’ opposition to this pro- the Extensions of Remarks.) from Social Security. Yeah, we are bor- posal is, unfortunately, not surprising. f rowing some of it from ourselves. We Led by the gentlewoman from Cali- EXCHANGE OF SPECIAL ORDER are borrowing a heck of a lot of it from fornia (Ms. PELOSI), Democratic leader, TIME China, Japan, and other foreign inter- they have tried to increase Federal ests; and we are adding this mountain spending by tens of billions of dollars Mr. DEFAZIO. Mr. Speaker, I ask of debt and we are pushing it forward at every stage of the legislative proc- unanimous consent to take the time of to our kids and our grandkids. In their ess. Earlier this year, not a single the gentleman from California (Mr. vision, the wealthy would not share in Democratic House Member supported SCHIFF). the burden. They will not help pay that the lean budget that passed the Con- The SPEAKER pro tempore. Is there debt because they will be the bene- gress. Democrats seem to view the objection to the request of the gen- ficiary of massive tax cuts. budget as a credit card, and when the tleman from Oregon? What they were going to bring to the bill gets too high, they pay for the bill There was no objection. floor today was so embarrassing they by simply raising taxes on the Amer- f could not quite do it. They were actu- ican people. ally going to increase the deficit. TAXING AND SPENDING In conclusion, God bless our troops, Under the guise of paying for Katrina, and we will never forget September 11. The SPEAKER pro tempore. Under a they were going to cut programs like f previous order of the House, the gen- student loans, $9 billion; Medicare for tleman from Oregon (Mr. DEFAZIO) is seniors; Medicaid for needy people and CUTS IN THE BUDGET recognized for 5 minutes. seniors and other essential programs. AMENDMENT Mr. DEFAZIO. Mr. Speaker, we heard But they were actually going to cut (Mr. MCDERMOTT asked and was some earlier interesting statements those programs to pay for more, guess given permission to address the House from the Republican side of the aisle, what, tax cuts for the wealthiest for 1 minute and to revise and extend and one gentleman talked about a among us. his remarks.) once-proud party. I guess he was refer- Are the wealthy really hurting that Mr. MCDERMOTT. Mr. Speaker, ring to the Republicans and the fact much? Well, actually no. IRS data that there was a phrase they used to use that they used to have a commitment came out last week say that 99 percent around here during the Reagan years to protecting Federal taxpayers and for of the people in America saw their real called ‘‘take from the needy and give fiscal responsibility, but no longer. incomes decline last year; but 1 per- to the greedy.’’ Well, we are back in Now, they keep talking about the cent, those who earned over $311,000, session with that same thought going. Democrats taxing and spending. Excuse saw a real increase. But that is not These cuts in this budget amendment me? Who runs the White House, the even the real thing. we just heard about, the gentleman United States House of Representatives The real thing was one-tenth of 1 per- from South Carolina said we were not with an iron hand, and the United cent, those who earned over $1.3 mil- willing to make the cuts. Let me tell States Senate? The Republicans. They lion a year, saw a phenomenal increase my colleagues just what one of those are in charge of everything. It is the in their incomes, mostly due to tax cuts was so we get a feeling for what President who is submitting budgets cuts that are being paid for by bor- they are up to. that are being approved by Republicans rowing on the backs of working people There was a rule in many States that that are running up huge and growing and Social Security. They have the gall if you were from a poor family and you deficits. to come to the floor and say it is the went to a rich family as a foster kid They are trying to say, oh, this year Democrats who want to tax working you did not get any money. If you went was great; it was only $312 billion, only people. to a poor family, you would get some the third largest deficit in history. Ex- The only working people they are money. They went into court, and the cept they forget to tell people they bor- concerned about are people who earn court said it did not make any dif- rowed the whole $180 billion surplus over $311,000 a year, the investor class; ference what kind of a family you were out of Social Security and spent that, but the investor class also happens to living in; it was what the child had ac- too; and, in fact, some of it went to tax be the contributor class, the people cess to and every child ought to receive cuts for rich people that was paid for who can write out those $2,100 checks

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.032 H20OCPT1 H9016 CONGRESSIONAL RECORD — HOUSE October 20, 2005 twice a year to their campaign ac- also providing essential affordable will not be able to meet their afford- counts or the even bigger checks to housing for lower-income families. To able housing goals. But this is not the their party accounts or to the Presi- help them in this effort, the GSEs have case. dential campaigns. That is who they a number of benefits, including exemp- As the former head of OFHEO noted are taking care of. tion from State and local taxes and an just last week, ‘‘The amount of time They are borrowing money from ability to borrow at a discounted rate and resources that the enterprises working people. They are bankrupting due to the implied government backing must dedicate to managing the risks the country. They are undermining the they have. associated with their portfolios is very future of Social Security; and now they Beginning in the early 1990s, Fannie substantial, and it dwarfs any marginal want to pull the rug out from under and Freddie held a combined $12 bil- benefit to their affordable housing mis- kids who want to get a higher edu- lion, that is, 5 percent, of the single- sion. In addition, the recent scandals cation and from seniors who need a lit- family home mortgage market in their at both companies illustrate the prob- tle bit of help with medical care in portfolio; but over the last 15 years, lems they can get themselves into as their old age. They are going to pre- this number has grown to over $1.5 tril- they try to manage this volatility as- tend that they are fiscally responsible. lion, about. sociated with very large portfolios.’’ April Fools has come early to Con- b 1245 Limiting the portfolio growth is the gress if anybody believes that malar- number one priority of the administra- key. It is just extraordinary to me, and I say ‘‘about’’ because I cannot give tion in addressing GSE reform. Chair- the boys keep turning the volume up you a more specific number, because it man Greenspan, Secretary Snow, Sec- and keep listening to a little too much has been years, if not longer, since any- retary Jackson and others have all spo- Rush Limbaugh over there. We are one has known precisely what is in ken out on the need to rein in these going to counter them with the facts. their books. large portfolios that exist solely to in- The facts are they have run $8 tril- Fannie and Freddie realized that by crease the profits for Fannie and lion of debt, $27,000 for every American. keeping a portfolio of the larger por- Freddie executives and their share- They are borrowing $1.2 billion a day to tion of the mortgages they purchased holders. run the government; and now they and by buying back much of the MBS In a speech last spring to the Federal want to cut essential programs, stu- they issued, they could make five Reserve Bank of Atlanta, Chairman dent loans, Medicare, Medicaid and times as much spread as they could by Greenspan discussed the GSEs’ ability other programs, to finance more tax simply securitizing the mortgages that to securitize mortgages and the bene- cuts for the wealthy, more trickle they bought and selling the resulting fits that it would have on the housing down. MBS to third parties. However, by market and the health of the entire Our people have been trickled down keeping a large amount of mortgages economy. He stated, ‘‘The method of on long enough, and more than enough. and MBS on their portfolio, Fannie and GSE financing most consistent with It is time to change the priorities Freddie are greatly increasing their in- our mission is to securitize assets first around here, and that is what we are terest rate and prepayment risk, which and to hold in their portfolios only fighting to do. leaves them very susceptible to inter- those assets that are very difficult or est rate changes. f unduly expensive to securitize.’’ And To hedge against these possible inter- here is the key part: ‘‘Without the The SPEAKER pro tempore. Under a est rate changes, Fannie and Freddie previous order of the House, the gen- needed restrictions on the size of the use various types of derivatives to shift GSE balance sheets, we put at risk our tleman from Utah (Mr. BISHOP) is rec- much of the interest rates to derivative ability to preserve safe and sound fi- ognized for 5 minutes. counterparties. Hedging of this nature (Mr. BISHOP of Utah addressed the nancial markets in the United States, greatly concentrates interest-rate risk a key ingredient of support for hous- House. His remarks will appear here- in Fannie and Freddie and a handful of after in the Extensions of Remarks.) ing.’’ large banks and investment firms, and So in conclusion, Mr. Speaker, legis- f this concentration has created what is lation that is coming before the House known as a systemic risk, which Chair- ORDER OF BUSINESS next week dealing with GSE, Fannie man Greenspan has warned about. and Freddie reform is a good first step, Mr. GARRETT of New Jersey. Mr. The best way to reduce the systemic but is not in the current format some- Speaker, I ask unanimous consent to risk for the economy is by limiting the thing that we should support. It will claim my time at this point. amount of mortgages that Fannie and result in a tax on the American tax- The SPEAKER pro tempore. Is there Freddie can hold in their own portfolio. payer, it will result in a tax on the objection to the request of the gen- Now, I commend the chairmen of the American who is trying to buy his first tleman from New Jersey? committee, the gentleman from Ohio house, and it will add risk to the al- There was no objection. (Chairman OXLEY) and the gentleman ready risky mortgage market in this f from Louisiana (Chairman BAKER), in country. working to draft legislation to create a REGULATION OF GSE’S new world class regulator to oversee f The SPEAKER pro tempore. Under a Fannie and Freddie. However, I believe The SPEAKER pro tempore (Mr. previous order of the House, the gen- that the House bill does not go far KUHL of New York). Under a previous tleman from New Jersey (Mr. GARRETT) enough. order of the House, the gentleman from is recognized for 5 minutes. See, the House bill gives a new regu- Ohio (Mr. BROWN) is recognized for 5 Mr. GARRETT of New Jersey. Mr. lator the authority to dispose of any minutes. Speaker, I rise tonight to discuss an new assets or liabilities of the enter- (Mr. BROWN of Ohio addressed the important issue that could, as we prises if the Director determines such House. His remarks will appear here- know, come before the House as early action is consistent with safe purposes. after in the Extensions of Remarks.) as next week, and that is, the regula- Now, while this is a step in the right tion of GSEs, specifically Fannie Mae direction, I believe that stronger lan- f and Freddie Mac, and the impact they guage is definitely necessary. I worry have on homeowners or people who that a new regulator, without specific want to buy a new home, and a tax congressional direction to reduce the ORDER OF BUSINESS that it may place upon them and the size of portfolios of the GSEs, will face Ms. WOOLSEY. Mr. Speaker, I ask risk that places to the mortgage mar- constant political pressures from the unanimous consent to speak out of ket in this country. GSEs, thus putting the possible prob- order. Fannie Mae and Freddie Mac were lems that result on the backs of Amer- The SPEAKER pro tempore. Is there chartered by Congress with the main ican taxpayers. objection to the request of the gentle- purpose of creating a liquid secondary Now, some argue that if Fannie and woman from California? mortgage market in this country and Freddie portfolios are curtailed, they There was no objection.

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.035 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9017 IRAQ AND SMART SECURITY Mr. Speaker, there were plenty of and families who are already strug- The SPEAKER pro tempore. Under a mistakes made in Iraq, mistakes that gling to pay for college, pay even more. previous order of the House, the gentle- could easily have been avoided. But In July, during the committee con- woman from California (Ms. WOOLSEY) now, the best thing for the President to sideration of the Higher Education Act, is recognized for 5 minutes. do is cut his losses, admit he made mis- Republicans voted to cut nearly $9 bil- Ms. WOOLSEY. Mr. Speaker, yester- takes, and change his course. He needs lion from the student aid programs and day Saddam Hussein faced a panel of to seek the cooperation of our allies raise interest rates and fees on student Iraqi judges where he will finally stand around the world to help Iraq get back borrowers. This raid on student aid trial for the crimes against humanity on its feet, because we cannot do it by represents the largest cut to the Fed- that were committed under his regime. ourselves in the United States. The eral student aid programs ever, ever. Saddam Hussein is an evil person. He President should do that by going back As a result of these cuts, the typical ordered thousands of his own people to to those countries we have spurned in borrower with $17,500 in loan debt when death, and it is time that he is brought the past like France and Germany, as they graduate will be forced to pay an to justice for these crimes. well as influential bodies like the additional $5,800 more for his or her But anyone who suggests that Iraq is United Nations and NATO, and ask college loans. That is $5,800 additional more stable or less of a threat to the them to assist. that they will have to pay over the life United States now than it was before A true multilateral coalition could of those loans for the college education the war is fooling themselves. Iraq has and would enable us to bring thousands that they are seeking. never been less stable, and it has never of our troops hope. To borrow a phrase While many of the cuts were on exposed a greater threat to the United from the President, as our allies stand cessive subsidies paid to student lend- States than it does today. up, we will stand down. ers, such as the 9.5 percent loan boon- The war in Iraq has not combated doggle, the Republicans only agreed to terrorism as President Bush and his ad- f The SPEAKER pro tempore. Under a reduce some of these excessive sub- ministration have repeatedly claimed. sidies to large lending institutions It has actually encouraged terrorism previous order of the House, the gentleman from Indiana (Mr. BURTON) is after widespread criticism from Demo- by providing a unified target and ral- crats, students, and editorial writers. lying point for those angry with our recognized for 5 minutes. (Mr. BURTON of Indiana addressed But instead of reinvesting these dol- Mideast policies. the House. His remarks will appear lars into low-interest loans and addi- Since we invaded Iraq in March of tional grants, the majority plans to use 2003, hundreds of terrorist attacks have hereafter in the Extensions of Re- marks.) nearly $9 billion in cuts for the alleged killed thousands of innocent people, deficit reduction, or to pay for their f both American soldiers and Iraqi civil- tax cuts to the wealthiest people in The SPEAKER pro tempore. Under a ians. this Nation. They are going to take $9 Most people assume that suicide ter- previous order of the House, the gen- billion out of the student loan account rorism of the sort that plagues Iraq on tleman from Illinois (Mr. EMANUEL) is to pay for the tax cuts to the wealthi- a daily basis stems from opposition to recognized for 5 minutes. est 5 percent of the people in this coun- democracy in general or hatred of the (Mr. EMANUEL addressed the House. United States in particular. But Dr. His remarks will appear hereafter in try. That is their idea of economic jus- Robert Pape, a University of Chicago the Extensions of Remarks.) tice. But it gets worse. Next week, the ma- professor, reaches a different conclu- f jority plans to cut an additional $7.5 sion based on a comprehensive study ORDER OF BUSINESS billion from the Nation’s student aid on every act of suicide terrorism that programs, the second largest cuts ever. has occurred over the last 10 years. Dr. Mr. GEORGE MILLER of California. Pape found that the common element Mr. Speaker, I ask unanimous consent The first largest cuts were several linking all suicide attacks around the to speak out of order. weeks ago. Now they are back. They world is not religion. Rather, suicide The SPEAKER pro tempore. Is there are back for $7.5 billion to take out of terrorism is about pressuring another objection to the request of the gen- student loans to again pay for the $1 country to withdraw its military forces tleman from California? trillion in tax cuts that they gave to from the lands that the terrorists view There was no objection. the top 5 percent of the people in this as their homeland. f country. To make matters even worse, the Re- This helps to explain the intensity of RISING COLLEGE COSTS AND RE- the Iraqi insurgency. The insurgents publican leadership has failed to pro- PUBLICAN RAID ON STUDENT vide real relief for college tuition. In resent the continued United States oc- AID cupation of their land and want control fact, in their higher education bill, over it. The SPEAKER pro tempore. Under a they would do nothing to make tuition If the folks in the Bush administra- previous order of the House, the gen- more affordable for the first 5 years tion truly want to end the war, they tleman from California (Mr. MILLER) is after it is enacted into law. Even after must honestly convince the Iraqi peo- recognized for 5 minutes. 5 years, the bill only requires colleges ple that the United States has no long- Mr. GEORGE MILLER of California. and universities with rapidly rising term objectives in Iraq. But to do that Mr. Speaker, this week new reports tuition to increase their reporting and would require a sea change, because we from the College Board showed how disclosures. currently maintain over 100 military much harder it is getting for families Mr. Speaker, the public already bases in Iraq, with what certainly ap- to pay for college. Since 2001, tuition knows how much it costs. They strug- pears to be intentions to maintain and fees at a 4-year public college have gle with it every spring as they try to some of them permanently. risen by 46 percent. Today the max- figure out how to pay for their chil- Mr. Speaker, we all know that Presi- imum Pell grant is worth $900 less dren’s education. What the Republicans dent Bush loves those prime time when adjusted for inflation than it was are doing, it is not lowering the cost of speeches to our Nation. Maybe it is in 1975 and 1976. This year, students at- tuition, not lowering the rate or the in- time for him to eat a little crow and tending 2 and 4-year public colleges are crease in the cost of tuitions; they are ask the international community to already $10 billion short for paying for adding thousands of dollars, thousands help. He needs to face the fact that the college, even after grants, work study, of dollars in additional costs to stu- so-called Bush doctrine of preemptive savings, and Federal loans are taken dents and to their families. war and unilateral military action just into account. As a result, millions of This is unacceptable. What the is not working. He should tell the Iraqi students will be forced to work long Democrats had was a better idea that people that the United States has no hours to take on additional debt from we would cut those outlandish sub- plans to maintain permanent bases in other sources or forgo college alto- sidies to the lending institutions, to Iraq, nor do we have any designs on gether. the banks, and to others, and we would controlling Iraqi oil. You could call What has been the Republicans’ re- take that money and we would recycle this speech the ‘‘anti-Bush doctrine.’’ sponse? To make American students it into the student loan programs so

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.040 H20OCPT1 H9018 CONGRESSIONAL RECORD — HOUSE October 20, 2005 that we could increase the Pell grant GEORGE MILLER) give the facts about people who stand out here and beat by some $500. We could take care of low that issue. You are talking about a $7 their chests and talk about how much and middle-income students who fall or $8 billion cut in student loans. You they care about family values. Is it a short in being able to finance their know, those sick people, what can they family values budget that cuts food education. We would lower the cost of do for themselves? Right. Take it away and medical care and student aid? I do that debt to those students. We would from them. What about the students? not think so. And they are going to make the repayment easier. Take it away from them. find out at the next election. But the Republicans did not do that. How about agriculture? Now you say, f They chose to take now what is almost well, rich farmers. No. No. No. Half of The SPEAKER pro tempore (Mr. $16 billion when they are done next the money spent in the agriculture week out of the student loan program, KUHL of New York). Under a previous budget is spent on the food stamp pro- order of the House, the gentleman from to raid this student aid and take that gram. Buying the surpluses of our Maryland (Mr. CUMMINGS) is recognized and transfer that to the wealthiest peo- farmers and giving them to the poor of ple in this country through the tax for 5 minutes. this country. (Mr. CUMMINGS addressed the cuts that they have already enacted. Now, why would we talk about cut- House. His remarks will appear here- It is a shameful day, and it is a sad ting another $4 or $5 billion? No, they after in the Extensions of Remarks.) day, when we are being told that it is only want $1.5 billion. Excuse me. $1.5 more important now than ever that billion out of food stamps. So we are f students in America complete a college taking away health care and food and ORDER OF BUSINESS education for the sake of their eco- ability to go to college, and then they nomic well-being and for the sake of come to the Ways and Means Com- Ms. HERSETH. Mr. Speaker, I ask the competitiveness of our economy, mittee that I sit on. Those are not even unanimous consent to speak out of and the Republicans have decided to mandatory. Those are just things that order. make it more and more expensive for that Congress said that we would do. The SPEAKER pro tempore. Is there millions of American students and But when you get to the Ways and objection to the request of the gentle- their families. It is a tragic day for Means Committee, you come to things woman from South Dakota? these students and their families. that are written in law, and they are There was no objection. f called entitlements. If you are an f CONGRESS GOES HOME WITHOUT American, you are entitled. It does not CHEYENNE RIVER SIOUX TRIBE COMPLETING ITS WORK make any difference where you live, EQUITABLE COMPENSATION ACT how much you have; you are entitled. The SPEAKER pro tempore. Under a OF 2005 And they are now going to go after previous order of the House, the gen- those entitlements. The SPEAKER pro tempore. Under a tleman from Washington (Mr. Now, I spoke a little bit before about previous order of the House, the gentle- MCDERMOTT) is recognized for 5 min- a couple of them. One of the things woman from South Dakota (Ms. utes. they want to do is go after people who HERSETH) is recognized for 5 minutes. Mr. MCDERMOTT. Mr. Speaker, the have had unemployment payments, un- Ms. HERSETH. Mr. Speaker, I rise American people might wonder why we today in support of the Cheyenne River have gone home today at 1 o’clock on a employment insurance overpayments. They figure that they can get that Sioux Tribe Equitable Compensation Thursday. Are there no problems fac- Act of 2005. ing this country? Have we rebuilt the back out of their taxes. That is at a very time when we have rising unem- Over 50 years ago, the Pick-Sloan Act gulf coast? Have we dealt with the initiated a major flood control and rec- problems in Iraq? Have we dealt with ployment in this country. We are going to try and save $1 billion going back lamation project along the Missouri everything that is troubling in this so- River Basin. The construction of dams ciety? You have to ask yourself, where and squeezing workers that have been out of work for 3 months or 6 months and reservoirs flooded hundreds of did the Congress go? Why did they go thousands of acres in South Dakota, home? Why does the Republican leader- or whatever. Anybody who is at the bottom of the dramatically altering the basin’s land- ship declare that no, we are not going pile should watch out for these guys, scape and the river’s flow. to be here, we are not going to be here because they are coming after them The American Indian communities in on Monday. I think this Congress is with a sharp stick. They are going to South Dakota were some of the most pretty much having trouble here doing take it away, and why are they taking severely affected by this project. Five their job. it away? I mean, you have got to ask of the nine, Lakota, Dakota, and b 1300 yourself, why would they cut food Nakota reservations in South Dakota, The reason we are not here on the stamps? Why would they cut health border the Missouri River. floor dealing with the issues today is care? Why would they cut school loans? The Cheyenne River Sioux Indian that the issues are tough. And the Re- Why would they go after the unem- Reservation is in north central South publicans do not want to go into ployed? Why would they go after Dakota and among the largest reserva- Thanksgiving with everybody saying, grandparents who are taking care of tions in terms of land base. For genera- well, they did it again. They took more foster kids? Why would they do that? tions the Lakota bands which com- from the needy and they gave it to the Did you know that we had to give tax prised the Cheyenne River Sioux tribe greedy. cuts to the rich? If we do not give tax camped in the river valley and shaped But that is what the debate was cuts to the rich, why, the rich will not their way of life to match the contours about this week. It is about what kind be rich. Well, they will be less rich, I of the land and the flow of the river. of amendments, what kind of cuts. mean. If we do not finish those tax cuts This was no less true after the Plains Amendments is a fancy congressional that are before this Congress, somehow Indians were confined to the reserva- word for the fact that we are going to they are not going to get that $100,000 tions in the late 19th century. The fer- cut the budget. tax cut if they make more than $1 mil- tile river bottomlands remained at the Now, where are those cuts coming lion. center of their society, providing the from and why can the Republicans not Now, think about the tears. Think tribe’s best crop land, pastures and make up their minds what they want about the tears up in those apartments wildlife habitat, as well as an impor- to cut? Well, they are looking at the and those houses where those people tant source of timber. Medicaid program. They want to cut have been expecting that $100,000 tax Perhaps even more significantly, the $10 billion there. They want to just cut that they were going to get. Who fertile bottomlands remained central raise it; now, just 1 more billion would knows what they are going to do with to many of the tribe’s cultural and not be very much. Just a nick out of it. I am sure that they are going to run spiritual practices. At the outset of the some people. out and give it to the poor. Pick-Sloan Project, the United States Student loans. You just heard the But these decisions that are being Government used its eminent domain gentleman from California (Mr. made in this body are being made by power to seize large tracts of the fertile

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.043 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9019 Indian bottomlands. Payment for these tleman from Massachusetts (Mr. MAR- (Ms. NORTON addressed the House. takings was typically haphazard and KEY) is recognized for 5 minutes. Her remarks will appear hereafter in piecemeal. Time and again, the govern- (Mr. MARKEY addressed the House. the Extensions of Remarks.) ment failed to fairly compensate both His remarks will appear hereafter in f tribal and individual land owners for the Extensions of Remarks.) 30-SOMETHING WORKING GROUP the loss of their property. f One such landowner is Freddy The SPEAKER pro tempore. Under LeBeau. Freddy was born and raised on ORDER OF BUSINESS the Speaker’s announced policy of Jan- the Cheyenne River Sioux Indian Res- Ms. WATSON. Mr. Speaker, I ask uary 4, 2005, the gentleman from Flor- ervation. While serving 4 years in the unanimous consent to speak out of ida (Mr. MEEK) is recognized for 60 min- U.S. Navy in the South Pacific during order. utes as the designee of the minority World War II, he arranged to purchase The SPEAKER pro tempore. Is there leader. 200 acres of land along the Missouri objection to the request of the gentle- Mr. MEEK of Florida. Mr. Speaker, River. woman from California? once again it is an honor to address the In Freddy’s own words he explains, There was no objection. House. I can tell you that this week ‘‘We live in a poor county, and if I can f has been quite eventful. As you know, pay taxes on that land and help the THE PROBLEM WITH THE Mr. Speaker, we come every day to the county in that small manner, I would PROPOSED BUDGET CUTS floor to share not only with the Mem- be glad to do that. I thought I was an bers but the American people what is asset there fighting for my country, The SPEAKER pro tempore. Under a actually going on in this House, and and I would remain an asset when I previous order of the House, the gentle- what is not going on in this House and came home in a small way and pay woman from California (Ms. WATSON) is what should be going on in this House, taxes on my land.’’ recognized for 5 minutes. and it is the House of Representatives. Following his service, Freddy re- Ms. WATSON. Mr. Speaker, I stand And there has been a lot going on turned home and for a time he was able to oppose the misguided budget amend- this week as it relates to the budget. to work his land, raise horses and cat- ments that are being presented to us. As you know, many Members came to tle and start a family. The Pick-Sloan These amendments will not help a the floor to speak pro and con of this. Act changed all that. post-Katrina plan, but would only add I will not use the Washington lan- The Ohio dam and reservoir flooded to the deficit. It would require spend- guage, but I will use it in a way that over 100,000 acres of Cheyenne River ing cuts and new tax cuts that would everyone can understand: our re- Sioux lands, including Freddy’s home. mount up to $70 billion, cuts that looking at the budget and making He and many other tribal members mostly benefit the wealthiest Ameri- more cuts from the budget that have were forced to move their families to cans at the expense of the poorest already been made. higher ground and begin again. Like Americans. And when I have been coming to the many others, he did not receive a fair If these spending cuts were approved, floor recently, Mr. Speaker, I have price for his loss. And at 83 years old, they would probably do what I would been bringing the local publication, the this World War II veteran says, ‘‘I am consider to be Draconian cutting. They Washington Post to the floor, just to still looking for a place as good as the would cut Medicaid, food stamps, child serve as a third-party validator to the place that I lost.’’ care support, the earned income tax arguments that have been made here Congress has already acknowledged credit, and supplemental security in- on the floor. I am proud that our lead- this injustice and only a few years ago come. ership on this side of the aisle, the passed legislation to provide just com- I have a problem in my City of Los Democratic leader, the gentlewoman Angeles, and it is a homeless problem. pensation by creating the Cheyenne from California (Ms. PELOSI), has stood River Sioux Tribal Recovery Trust There are over 80,000 homeless individ- against the winds of power in saying Fund. While this action was commend- uals that are on our streets, mostly in that there are certain things that we able, it left one important group be- the evenings. They have problems with will not do. We who are Democrats on hind, tribal members who lost pri- alcohol abuse, drug abuse, and mental this side, we will not turn our backs on vately owned land, elders now, who illness. Over 33 percent of the homeless the American people. owned deeded land at the time it was are mentally ill. And they are home- We will not turn our backs on the taken by the U.S. Army Corps of Engi- less. And why? survivors of hurricanes Katrina or Because we have cut out the pro- neers. Current law actually prohibits Rita. We will not stand idly by and grams that address this population; the tribe from using existing funds to watch this country continue legisla- and not only did we do that, but under compensate these individuals. tively to go down the tubes because the Reagan administration we closed The tribe has recognized this short- certain people and certain individuals mental health hospitals. Money was to coming and has worked to craft a solu- in power would like to see their prior- follow the patients into the commu- tion that requires no new expenditures, ities and their projects and their spe- nity, and it never did. no new expenditures, and guarantees cial interest breaks or opportunities So if we are trying to be fiscally re- that the affected tribal elders and their prevail on the backs of the American sponsible, that means we are being ir- families can be justly compensated for people. lands taken over a generation ago. responsible to the poorest of Ameri- The leadership of the Cheyenne River cans. As Americans we cannot allow b 1315 Sioux Tribe, a united South Dakota this to happen. If we are spreading de- I am proud that we have the leader- congressional delegation, and the mov- mocracy around the world, then we ship on this side of the gentleman from ing testimony of private landowners must live up to the principles and the Maryland (Mr. HOYER) and the gen- like Freddy LeBeau have all contrib- tenets of its provisions. And its provi- tleman from New Jersey (Mr. MENEN- uted to the introduction of the Chey- sions say that every American has a DEZ) and also the gentleman from enne River Sioux Tribe Equitable Com- right to be a recipient of the social South Carolina (Mr. CLYBURN) to say pensation Act. This bill would correct services programs. no. I am proud of the fact that we have a historic wrong and compensate tribal Mr. Speaker, we cannot accept the men and women in this Congress that members who have been left behind and amendments to the budget that are are willing to stand up and say no to treated unjustly for many years. being proposed. They will weaken our the majority, I must add, on the major- At 83 years old, Freddy and 33 other homeland, its people, and our security. ity side who want to see their goals tribal elders are still waiting for just f and objectives carried out on behalf of compensation. I urge this swift consid- The SPEAKER pro tempore. Under a individuals that have suffered. eration and passage of this bill. previous order of the House, the gentle- Now, I have to commend some of my f woman from the District of Columbia colleagues here and some of my col- The SPEAKER pro tempore. Under a (Ms. NORTON) is recognized for 5 min- leagues even on the other side of the previous order of the House, the gen- utes. aisle for standing up to the leadership

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.046 H20OCPT1 H9020 CONGRESSIONAL RECORD — HOUSE October 20, 2005 and saying no, we will not cut Med- Hurricanes Katrina and Rita and some lead or you want to follow. And I will icaid. We will not cut free and reduced of the biggest natural disasters that tell you there are some folks in this lunch. That did not just come about behave hit this country in recent days. House that are winning right now because folks thought, well, it is okay to Do they take the opportunity to lean cause we are not having a debate. We stand up. That did not come about on behalf of those that are suffering are just straight out saying that we are within the Republican Conference. But right now and displaced? No. going to cut again the very programs I will tell you how it came about, Mr. Do they take the opportunity to go that we just finished, that the majority Speaker. It came about because Mem- in and deal with these Federal agencies just finished cutting, that are supposed bers came to this floor mainly on the who do not even want us to talk to to be helping the very people that we Democratic side and said, if you are them directly because they feel that are trying to help. Better yet, we have going to do it we are going to turn the they are protected by the White House asked billionaires to do nothing. We lights up. We are going to raise our and why do they have to listen to Con- have given them tax cut after tax cut. voices, and we are going to let our congress? We take this opportunity to say We have men and women with sand in stituents and your constituents espe- that you had the opportunity to per- their teeth over in Iraq and Afghani- cially know that you are allowing this form and you did not. And because you stan and we are asking everyday to happen. did not perform, we are here as the punch-in and punch-out, retired, on Mr. Speaker, this is not a victory lap elected people representing the people Medicare Americans to suffer and to in any way. I do not want anyone to of the United States, be if from the af- pay a price and to take a cut. We are feel that the tide has changed because fected area or from an area outside of not asking the most able Americans to as far as I am concerned individuals the affected area, your constituents do the same. that are fighting on behalf of billion- have federalized you to lead. Now, I can tell you that this editorial aires in this Congress to make sure No. We are not doing that. The ma- goes on to say, Mr. Speaker, that the that their tax cut is not touched and jority side is not doing that. No. They individuals that are being protected in that we take away from those that are seizing the opportunity to carry this are the high-priced lobbyists and out the motives of the special inter- cannot fight for themselves, they are enriched constituencies. What it means ests. So, Mr. Speaker, when we talk sleeping in shifts. They are sleeping in by that by saying if you can pay to about this issue of a culture of corrup- shifts because they know that that is play in this House, then you are in tion and cronyism, this is a perfect ex- what they have to do to prevail. good shape. You do not have anything ample here in the Washington Post edi- I will tell you on this side, even to worry about. We have you, or they torial number two, entitled ‘‘Katrina’s though we are in the minority, even have you. And so I am glad that we are though we are not in the majority, Costs to the Poor.’’ What it is saying here basically is coming to the floor to be able to let even though we cannot bring a bill to a not only the Members know but the committee and expect for it to pass that the Congress voted earlier this year here on this floor, I must add that American people know that this is an with the majority vote because every- I did not vote for it but the majority unacceptable practice, that I am glad thing is on partisan lines here as of re- did on party line, vote a $35 billion cut that we are prepared on this side of the cently, unfortunately, but I can tell in spending for the next 5 years as it aisle to be able to put forth an amend- you that even though we cannot agen- relates to the issue of entitlement pro- ment when you come to the floor with da some of the things that we would grams, Medicaid, Title I. All of these your budget that is going to not only like to agenda that will help this coun- programs that help financially chal- move Americans forward but decrease try move to the next level and will put lenged Americans that are federally the deficit. us in the right direction, we are willing mandated were cut. This editorial goes on to say, You are to fight with what we have. And what Now, we have forces on the other side saying that you are going to cut the we have is the opportunity to come to saying that we will not even get it up budget and you are going to be fiscally this floor to share not only with the to $50 billion to help the Katrina vic- responsible in managing the money of Members, let the Members know ex- tims. Well, I can tell you right now this country, but better yet, it does actly what they are doing so we are not that has nothing to do about health. It nothing to reduce the deficit. It in- around here hugging and smiling and has everything to do about the prior- creases the deficit. cheesing and grinning and scratching ities that the majority side leadership Mr. Speaker, it is almost laughable if where we do not itch, saying ‘‘that was has picked that they are going to rep- it was not true. And this is not just a leadership call.’’ resent. $70 billion in tax cuts mainly, Democrats or Independents or some Well, I can tell you right now, Mr. in this editorial, this is not what I am study group out there. You have the Speaker, as we look at third party saying, I am reading verbatim from Washington Post, you have a number validators, I just want to make sure this editorial, mainly for the most of other publications out there that are that folks do not believe that this is wealthy, the most wealthy Americans saying, wait a minute. You are doing the Kendrick Meek Report and that I in this country. They are fighting on this in the light of being fiscally re- just sit in the office and come up with their behalf. They are saying it is sponsible, but you are not. You are in- whatever we want to say. I want folks, okay. creasing the deficit. You are finding I want the Members to go to the I do not blame the top half. I do not your money for your tax cuts for bil- WashingtonPost.com editorial page blame the billionaires in America for lionaires on the backs of working just today. Like I said once before, I do what the majority is doing on their be- Americans, and I guess we are just sup- not have to go back and pull publica- half on the backs of the suffering of the posed to sit here because it is in the tions or pull Time from 2 weeks ago or American people. I do not blame those light of trying to help Katrina victims. pull Newsweek from a month ago about individuals. I blame the people that are Now I have a personal problem with something they wrote about and say saying that they want to save our that and I know the American people that was a great story from the Sioux country money by cutting entitlement are going to have a problem with that City, Iowa Journal about a month ago programs to the very people who have also. We talk about this issue of a cul- and I want to bring it to the attention sent us here to protect them. They do ture of corruption and cronyism, and I of the Members. You pick up the paper not have, the average American does think it is important that we have an any day and it is filled with what this not have a million dollar lobbyist to opportunity to talk about this a little Congress is doing to a certain group of walk into the office and represent bit more. This whole cronyism and in- Americans. them. They have a Congressman that dividuals that are not qualified to lead Now, like I said, there has been a lot they sent or a Congresswoman that is prevalent here in Washington, D.C., of discussion about the budget. It is they sent to this floor to represent and it is continuing to happen, and I truly, truly beyond me of all the power them. And if we fail in that duty, then can tell you right now that it is truly and influence of Members of Congress, it is beyond personal responsibility, it unacceptable. you have all kinds of leadership on the lies on the majority. You want to talk about saving other side of the aisle that has the op- I want to make it clear that you have money on behalf of the American peo- portunity to shine in the aftermath of to make the decision on if you want to ple? According to the AP, four out of

VerDate Aug 31 2005 01:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.051 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9021 five companies that won the largest always need to clarify is that opposi- the House floor. But the importance of Katrina contracts are being reviewed tion to the war is not opposition to the the gentleman’s comments and his for possible waste and abuse. Four of men and women fighting the war. In being here today, and the reason why I the top 10 companies. So what we are fact, I could argue that you really sup- joined him for a few minutes, is the doing here is we are saying, hey, listen, port them by bringing them home to- fact that we have to keep mentioning it is okay for you to mismanage the morrow and ending the war. But that is the issue and the fact that that idea is taxpayers’ money. Not only is it okay, a discussion for another time. still out there; that, again, if we cut we will reward you again with a no-bid What is a discussion today is that the the taxes of billionaire, that is okay; contract. American people need to know that the that if we put forth a war that half the That is almost like saying, I have a way we pay for the war is by paying for country is still questioning why we are bad contractor working on my house. I the war. Whatever amount needs to be in it to begin with, that is okay to pay have already given him $200,000 to fix spent on the war in Iraq, we spend it. the $300 billion; that it is okay to build my house. Let me run out and get an- And it has gone close to or above $300 schools, hospitals, playgrounds, tem- other loan and see if I give him $500,000 billion that we have spent. ples, churches, and any kind of struc- to see if they can really mess that up. Now, if I was to be sarcastic up here ture for the people of Iraq. But to re- But the sad part about that is I I would say that basically what we build New Orleans, we have to take it would be doing it with my own money. have done is print the money. We have out of a social program or an edu- But the majority and this administra- not taken it out of anybody’s budget. cational program. That is what the tion is doing it with the American peo- We have not taken it out of anybody’s people need to understand, and I know ple’s money, and so it is very disheart- pain. We basically printed the budget. that is what we are trying to do here ening. Now there is a word in the English today. Mr. Speaker, I am so glad to see my language that I try very rarely to use Let me repeat that just one last good colleague from New York. We are and that is immoral immorality. The time, not to be repetitious but to simply make the point and to drive it not in the race for the World Series reason for that is who the heck am I to home. In Iraq it is not just a war. The Championship this year like we were a determine what is immoral and who is American people need to know that we couple years ago, being from Miami involved in an immoral act, when in are rebuilding Iraq. Incidentally, not and New York. But the gentleman from fact we are all guilty of a lot of things necessarily rebuilding anything the New York (Mr. SERRANO), I am so glad in the way we behave in this society. former government destroyed but he came down here today to share in But if there is anything that resembles maybe we destroyed in the process. So this hour with me. legislative immorality it is the sugges- we are putting in new schools, new Mr. SERRANO. Mr. Speaker, let me tion that for you to get whole again, thank the gentleman that he brought homes, new temples, new churches, for you to be helped after Katrina, the new community centers, an infrastruc- this week this issue up again and way to do this is by taking money again. I think it is very courageous on ture, and new transportation systems. away from the programs that in fact We are rebuilding a country. But if you his part and very profound. affect the very same communities in Secondly, as far as the World Series were caught up in Katrina, you are on many ways that are being hurt while your own. And if we help you, we are goes, it is true that the Yankees and slipping in, slipping in permanently the Marlins are not in it, I also noted going to take it out of another part of this gigantic tax cut for people who did your life or another part of your suf- that you took our bench coach, our as- not need it and some of them who pub- sistant coach, as your new manager so fering. licly said we do not want it. That is wrong. That is where we have you will do better in the future. to wake up and say who are we, what One of the issues that come to mind b 1330 are we, and I believe that we are much as I was watching the gentleman, as we You recall some very wealthy people better than that. So I thank the gen- know, this is transmitted live on tele- in this country saying we do not want tleman for his time, and I really hope vision, I am wondering if the folks who that tax cut. We do not need it. that we can wake up soon, in the next are watching us today were also the So that what the American people week or so, and stop this madness from same folks perhaps that watched the need to understand is that I cannot going forth. victims of Hurricane Katrina as that imagine, nor have we ever heard of one Mr. MEEK of Florida. Mr. Speaker, I national tragedy hit us. Regardless of American who watched the videos, the thank the gentleman for his comments, whether you felt it was a State or local scenes of Katrina, and said, good for and I am glad the gentleman came responsibility or a joint responsibility them. Everyone was heartbroken and down to the floor. I think it is very, with the Federal Government or wanted to do something. Our country very important to have as many voices whether you think we as a Nation came together in the aftermath to try as possible from different parts of the failed or not, those images are in your to help. But what I think most people country sharing with not only the head. do not know is that the majority party Members but the American people Now you see this discussion. What is is trying to slip in all of a sudden a new what is actually going on right now. this discussion about and how do I see legislative morality that says when Because by the time the American peo- it? We all tend to come have the same you pay for certain emergencies, you ple find out what we do here, it is too feeling but we come to the table with have to take it out of somewhere. late. It has already happened to them perhaps slightly different views. My Now, where do you take it out of? and they are saying, how did this hap- concern is, as a member of the Com- Well, if you take it out of people and pen. Many times they cannot follow mittee on Appropriations, is that in places that can afford it, then perhaps the paper trail back to the source. the appropriations process we have the that is balanced. But to suggest you The gentleman mentioned the war in ability to declare an emergency. An are going to take and pay for Katrina Iraq. Well, we have to remind ourselves emergency means just that. That while relief by cutting out certain amounts that Republicans are in control of the we try to balance a budget and while of student loans or certain housing pro- House, Republicans are in control of we try to have expenditures that meet grams or what may be left of the Food the Senate, and the Republicans are in both the needs and our ability to pay, Stamp Program in this country, which control of the White House, so it is not that there comes every so often a situ- is now down to practically nothing, or just the agencies that respond to the ation that requires us to spend the to help children in our country, to sug- White House. They are the Federal money and deal with the fact that we gest that you would pay for that by agencies that are out there that are ap- are spending that money rather than taking out of there is, in my opinion, pointed by the President of the United try to make somebody pay a major totally improper. It is not in the best States. So it is not our fault that price for it. interest of who we are as a country and things are going the way that they are Of course, my biggest example is the it does not make us look good. going as it relates to dealing with war in Iraq. Now, whether you support So we saw many in the last couple of Americans. the war or you oppose the war; and, in- days allow perhaps a momentary slight And what we are doing in Iraq is at cidentally, one of the things that we retreat on bringing that approach to top dollar. I must add that it is not

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.052 H20OCPT1 H9022 CONGRESSIONAL RECORD — HOUSE October 20, 2005 like building a school in your neighbor- cial medical attention, psychological, let them get away with that when hood. It is top dollar, because you have physical, all kinds of things. They need three or four of them got up with the to pay those contractors big money. special housing and job training. They same message. And a lot of that money goes towards need all kinds of help. Well, the very I think the first thing to understand, these special contracts. Four of the people who are now saying we support because we have the credibility to say contractors that are carrying out the troops and are jumping all over the it, is that the Democrats stand for a Katrina work in a no-bid contract are place spending all kinds of money on balanced budget, including making under investigation by this govern- that ill-conceived war will be the ones some cuts at this time given this emer- ment for mishandling taxpayers’ dol- saying we are fiscally irresponsible in gency. We have the credibility to say it lars. So we are going to reward them trying to take care of the troops com- because we have proposed a budget for wasteful spending and possibly ing back home. that would put us in balance by the stealing. The best way to take care of the year 2012. We have done it. It is bal- People get all teary-eyed when they troops is, one, bring them home now, anced. It is there for all to see on our come to the floor and they start talk- right away; and the second thing is to Web site. ing about the troops and how they sup- make sure they are rewarded and cared This is the moment. It is a magic mo- port the troops; and some say, well, I for for the pain they went through. ment, and the American people should support the troops more than you. We know, sadly enough and unfortu- look for this moment. This is the mo- Well, I support the troops. Who does nately, that of the close to 2,000 Ameri- ment when the Congress should rein- not support the troops? We all support cans who have died we all know some state PAYGO. That is the pay-as-you- the troops. I want to meet the caucus personally. What we do not know, be- go notion that in the 1990s brought us that does not support the troops. It cause this government will not tell us, to surplus, the surplus that the Repub- does not exist. So let us take that away is what is the total number of thou- lican White House inherited of almost and start looking at the realities of sands of wounded, wounded who will $250 billion, a surplus as far as the eye governing and oversight and not re- come back, and are here already, with could see, and in the snap of a finger it was gone. warding corruption and cronyism. pain that needs to be dealt with. And We have pressed this Congress ever The gentleman talks about the the wounded in a war, as you know, since the last administration left office money that it is costing. It is borrow could be getting shot in the hand to to keep PAYGO. They have, in fact, and spend. The Republican majority is losing your eyesight or losing a leg or said the only thing we are going to use borrowing and spending at the highest an arm. There are serious injuries com- PAYGO for are for spending other than interest rate possible. A lot of Ameri- ing back, but nobody is talking about tax cuts. So, we have had a perversion cans receive mail, I do, and I open it that. of PAYGO. We can do as many tax and there you might find a free credit So I think the gentleman is right to cuts, and they have been overwhelm- card. You can just sign right here. And continue to drive this home so that the ingly for the most advantaged and then you read the fine print and you American people can just get a wider wealthy people in our society, and you see that after the first 6 weeks it jumps look and then make their own decision, do not have to pay for those. But if in up to a 21 percent interest rate APR. It and I thank the gentleman once more fact you are trying to help the poorest is not a deal. So we are chest beating so very much. people in this society, such as those Mr. MEEK of Florida. Mr. Speaker, and talking about how we have to help who were exposed for the world to see these poor Iraqis, but, meanwhile, once again I want to thank the gen- from the Katrina hurricane, then you when it comes down to Americans here tleman for taking the time to come better pay for those. on our soil, suddenly we want to be- and join us here this afternoon. I do not think you could find any come fiscally responsible on the backs Mr. Speaker, I am also joined here by substantial number of the American of those very same people. our great local delegate, the gentle- people who would say, I am right there There is a lot of hypocrisy in the de- woman from the District of Columbia with you, and so we say, let us go with mocracy within this Congress when it (Ms. NORTON), who has been in the Con- PAYGO right now. You will find that comes down to looking at that. And gress quite some time and who has seen there will be Americans, those who are that is not just because I am saying it, quite a bit, so I am so glad she is here most concerned with the deficit, those that is what is actually happening, and and I yield now to her. who are most concerned with helping that is the unfortunate part about this Ms. NORTON. Well, I want to thank the poor saying, yes, now is the mo- whole argument. If we could wait until the gentleman from Florida (Mr. MEEK) ment and we are for it. the next round of elections and the very much for taking out this hour and Instead, what we see is amazing and American people could have their way taking the leadership on this vital brazen in how the resolution that ap- with some of the individuals that are issue. pears to be coming down would oper- running to the floor and cutting the Mr. Speaker, I was on my way to a ate. Since tax cuts cannot be touched, very things that are helping their own markup. I got there and I thought I we have been told that, still, over and local communities in the light of being saw that there were a few minutes yet, over again, the spending cuts are, in ef- seen as fiscal conservatives, it would be and I said, I have to go down. Because fect, going to take from services of the fine. But guess what, there is too much I want my colleague to know that I kind that the Katrina victims need. Do out there for us to wait that long. It heard from some of my friends on the understand that. If you are a Katrina has to happen now and we have to fight other side get up and say words to the victim, even if you are middle class now. effect that our side did not want to see now, you need Medicaid when you did Mr. SERRANO. If the gentleman will any budget resolution that had any not need it before, you will need food yield for just a moment. In this profes- cuts; and that, see, there go the Demo- stamps when you did not need them be- sion of ours, we like to make pre- crats again, they think you can just fore. dictions and, of course, we like to be spend money. And comments like, even I saw a woman on television who right. I will make a prediction now, though they see the problem, they do said, and this is a woman in her fifties, one that we have discussed before, and not want any cuts to be made because who said the very notion of food I hope I am wrong. I hope I am totally they say that nobody will be for the stamps and my family asking for them wrong. News flash: Making a pre- budget resolution changes that are is so laughable that I did not even diction; I hope I am wrong. coming down now. know how to do it. She had to have her When this war settles down to some- So I said to myself, my goodness, daughter, who had also never been on thing other than it is, because we are what is coming down now? The Amer- food stamps, help her to find out how going to be there for at least 10 or 12 ican people need to know that it is a you apply for food stamps. So we are years, but when it settles to something perversion of what is required, a per- talking about of course the poor, the less or different than what it is now, version of what they even say it is, poor to our shame that we all saw but there will be many of us coming to the which is an attempt to do the cuts so who somehow we had not seen before, House floor putting in legislation to that there will be money for the but now we are also talking about hun- say those folks coming back need spe- Katrina victims. I did not think I could dreds of thousands of the new poor, or

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.053 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9023 the temporarily poor, and those are the There was an 8 percent cut below last so we could make it clear that the victims of Katrina who simply will not year’s level. Middle-class people in our other side of the aisle cannot come on be able to get from one day to the next country are pulling their hair out try- the floor and say whatever they want unless they have access to the services ing to figure out how to heat their to say, even if what they say are patent that have only been available to the homes this winter, and we are going to untruths, without understanding that poor, like Medicaid and like food cut even further the Low Income Home lie for lie, you will find us talking to stamps. Energy Assistance Program for the the American people to try to set the b 1345 poor. We could shout it from the hill- record straight. tops because I do not think there are Mr. Speaker, I thank the gentleman If that is not enough under the topic any Americans anywhere that would for his leadership. of perversion, here is another one. This sanction that. Mr. MEEK of Florida. Mr. Speaker, I is supposed to be about cutting the def- Every single winter we have left it at thank the gentlewoman from the Dis- icit. We still leave the deficit at more level funding; and to cut it this year trict of Columbia (Ms. NORTON) for her than $100 billion. We do not make any when we know what has happened to leadership. As I said at the top of this real inroads into the deficit, so what energy, we know what has happened to hour, we thank the Democratic Caucus are we doing? Do we really think the oil and to gas, and everybody has in- of this Congress for standing up on be- American people are fooled? I do not formed everybody what they have to half of the American people. When we think so. I think as technical as this get ready for. They are telling middle- start talking about issues, these issues stuff can get, they are beginning to un- class people now is the time to shore we are all talking about, these issues derstand it. We see it in the polls. are affecting the American people. It is I must say to the gentleman from up your houses, put in storm windows, and do the extras that will save you in up to us to be able to share this infor- Florida (Mr. MEEK), I was here with his mation. I am glad that the gentle- mother before him; and in my 15 years your heating bills. Tell that to the woman went further into the budget. in Congress, I have never seen such a poor people. They do not own the prem- Mr. Speaker, we need to balance the gap in the generic poll between Demo- ises. They are the renters of this coun- budget. We are the only Members of crats and Republicans. That tells me try. They are having a hard time find- the body that can actually say we bal- our message of who believes in balance ing enough money to pay the rent. anced the budget and we had a surplus. and who believes in making cuts but They cannot fix the premises; and if The majority side cannot make that doing them in the right way is getting they did, because they are so poor, claim. I was not here, but the gentle- across. they could not buy the storm windows. I say to the gentleman from Florida This is so cruel that you will not find woman was here. They passed the budget that gave us a surplus. The (Mr. MEEK), the Republicans started Americans in any number who will with $35 billion in entitlement spend- sanction this if we tell it. other side cannot even say it because ing, no tax-cut spending. That was Mr. Speaker, we are going to tell it. they all voted against it. cruel, but that is where they were, and We are going to tell it in the rich and Ms. NORTON. Mr. Speaker, I thank that is what we had to take with all of the poor neighbors. We do not have the the gentleman. Mr. MEEK of Florida. Mr. Speaker, it our protestations. They said, no, that same access to the media the other side is almost like we need to have an op- is not enough. After Hurricane Katrina, has, but just wait until we finish tell- portunity to come to this floor like they said we need more. We need $50 ing America about how you are taking billion. They say to the American peo- money for Hurricane Katrina victims every 3 hours. There is so much going ple with a straight face, we need to do supposedly, from other poor people to on here, the Members need to know this for the Hurricane Katrina victims. supposedly pay for them when the that we are watching them. The Amer- These are the very victims who are money will in fact go to pay for tax ican people need to know and the Mem- now having their Medicaid and food cuts for wealthy Americans. bers need to know that we have alter- stamps cut. Let me give one more example that I natives, and we are going to present As if there are no offsets on tax cuts, think will get to the heart of the prob- those alternatives legislatively in com- we are looking to the spending cuts lem, and that is the possibility of a 2 mittee, we are going to present those paying for tax cuts and new tax cuts, percent across-the-board cut that will alternatives here on this floor, and we as much as $70 billion in tax cuts. We cut special education funding below the are going to present those alternatives have been in the Congress long enough 2005 level, further reducing special edu- in Special Orders to let it be known with Republicans in charge to know cation. that we are not going to sit by and they believe in the reverse Robin Hood There is not a Member here who does watch this country start to slide, not notion, take from the poor and give to not hear his school board, his local offi- because of the American people, but the rich, but after Hurricane Katrina, cials screaming about special edu- because of the majority who are willing how shameful, on the backs of poor cation drinking up the lion’s share of to stand on behalf of the most able give more in tax cuts. the education dollar. As it is now, we Americans as it relates to finances on The gentleman from New York (Mr. are down to covering only about 17.5 the backs of everyday Americans. SERRANO) was clear when he says he percent of special education. That is Mr. RYAN of Ohio. Mr. Speaker, knows where the rich would be. He said 17.5 percent out of the storied 40 per- there is no doubt about it. I think he cannot think of the rich in New cent we pledged the States we would there are so many issues we need to ad- York who would say this is the way to cover when we passed the IDEA bill. dress as a Congress that are going ei- do it after Hurricane Katrina. We know Mr. Speaker, who has the nerve to ther unaddressed or the actions of the and we want everybody to know we say to States, take from the tradi- Congress are hurting the average know where the money is, and it is in tional children if you have to, because American people. That is why the mandatory spending. We know there the IDEA bill says you have to give to Democratic Party is presenting pro- have to be cuts in the entitlement your special education children. So posals that will take us in a new direc- spending, and there have to be cuts this time I say to my friend, we are not tion. I think the country needs to go in where they hurt most, in Medicaid and taking from the poor to the rich, we a new direction. I do not need to go Medicare. We hate that. But if there is are taking from our traditional chil- back to Ohio to figure that out. I think a balanced budget resolution, we are dren and giving to our most needy chil- it is all over the country. We had a prepared to eat that pain along with dren, and that is a trade-off nobody in gentleman here last night from Okla- the rest of the country. What we are America wants us to make. homa. We had a woman here from Flor- not prepared to do, what we are not Mr. Speaker, I say to my friend be- ida. We had a man from New Jersey prepared to do, after $35 billion in cuts fore I return to my markup, the gen- and a man from Ohio. From all over that have already been on the backs of tleman has done us a service. I do not the country people are saying, Demo- the poor, to break their backs by, in know how many Americans are watch- crats, please take us in a new direc- fact, more cuts to them. ing, but I do say whatever happens tion, in a direction that will change The House has already cut low-in- here, we do not have the majority. The the country, and those are the kinds of come energy assistance, 8 percent. gentleman from Florida took this hour proposals that we are offering.

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.054 H20OCPT1 H9024 CONGRESSIONAL RECORD — HOUSE October 20, 2005 As we look back as to what has been to us you will not even believe the in- doing as it pertains to issues that are happening here for the past 5 years, it eptitude if there is a major nuclear at- going to blanket, blanket and increase has been nothing but appointing crony tack in the United States, the inepti- cronyism and corruption and going to friends to positions that are key in exe- tude of the government. Now, our job is increase the whole, or going to pro- cuting the game plan for emergency we should not have to wait. mote the whole theory of borrow and management, and then the job not get- b 1400 spend. ting done, hiding information on the Folks, it is interesting, and the thing true cost of the Medicare bill so we And that is why the Democrats want about being in Congress is that it is have a corrupted system here. an independent Katrina commission important that you understand that we The Democrats want some trans- just like we had an independent 9/11 all must tolerate one another. It is not parency, and we want the opportunity Commission, bipartisan. And the com- personal, it is just business. And the to lead so we can take this country mittee that is set up right now might bottom line is, is that if you want to into another direction. I found it very as well be chaired by Mr. Gillespie, the talk about the business and you want interesting today in The Washington chair of the Republican National Com- to talk about spending, you want to Post there was an article about a mittee, because it is a partisan com- talk about fiscal responsibility, you speech that Colin Powell’s chief of staff mittee. The Democrats do not have cannot just have a backdrop in the for 16 years, Colonel Larry Wilkerson, subpoena power, it is 11 to 9 Republican back of you at a press conference and gave. During the course of the speech, to Democrat. And I just feel that that say fiscal responsibility, and fiscal re- he talked a lot about what has been is an unfair way to go about solving sponsibility, that makes you a conserv- going on. This is one of the third-party the problems, because it is about CYA, ative. That does not make you a con- validators that we like to have at the it is not about getting the facts. And servative. What makes you a policy 30-something group. We like to vali- that is a real problem. maker and what shows that you have date our thoughts with someone who is And meeting our constitutional obli- the ability to lead is being able to independent of us. This is not the Meek gation, we stand here and we raise our march down to the White House and Report or the Ryan Report. This is a hand and we swear to uphold the Con- tell the President: We are concerned 16-year chief of staff with Colin Powell, stitution so help us God. Part of that about spending. Why don’t you veto a and he is a veteran. He was the director responsibility is the oversight that I bill for once? of the Marine Corps War College for think we have been derelict of our Mr. RYAN of Ohio. Yeah. quite some time. And what he had to duty. And the Republican Congress has Mr. MEEK of Florida. The President say I found unbelievable. been derelict of their duty, and that is of these United States, our President, He talks about him seeing a cabal be- why the Democrats want to take this you want to talk about being a con- tween the Vice President of the United in a new direction and change what is servative, has not even vetoed one States, DICK CHENEY, and the Secretary going on down here and do that by hav- spending bill. As a matter of fact, of of Defense, Donald Rumsfeld, by cuting an independent commission that the transportation bill that has more ting out the bureaucracy that had to will get to the facts, not to the poli- fat, pork, everything else, a couple of carry out the decisions: ‘‘We have tics. raccoons in there, he did not even have courted disaster in Iraq, in North Mr. MEEK of Florida. Mr. Speaker, the nerve to stop that. We have bridges Korea, in Iran, and generally with re- my colleague from Ohio could not say going to nowhere. Meanwhile, we have gard to domestic crises like Katrina.’’ it better because that exactly goes to got folks around here in shelters, and If there is a nuclear terrorist attack the marrow of this whole issue, of mak- we are asking no one to sacrifice. No. or major pandemic, ‘‘you are going to ing sure that we engage not only the As a matter of fact, the majority side, see the ineptitude of this government Members but also the American people. the Republican side, they are asking in a way that will take you back to the If it was something dealing with total poor people to sacrifice. They are ask- Declaration of Independence.’’ politics, you could say, well, you know, ing people that their kids are in Iraq This is a guy who has been in the De- in 2006 it will be dealt with. But there right now and Afghanistan to sacrifice. partment of State for 16 years. This is are so many things that are happening Meanwhile, you have billionaires a 16-year chief of staff, worked at the to Americans versus for Americans saying: Do not worry, you do not have State Department, ran the Marine War that we need change now. to say anything. This is what the ma- College. This is a guy who has been Mr. RYAN of Ohio. The last part of jority is saying. You do not have to say around the block. He is saying if we this article about the Colonel, he says anything, we will protect you. We will have a terrorist attack of significant what my colleague just said, what he protect you, Republican majority. magnitude, we are going to see the in- was just saying: You and I and every So I think it is important that we eptitude of our government. other citizen like us is paying the con- continue every time that we get the What the Democrats are saying with sequence. Whether it was a response to opportunity, need it be out in the hall, our independent commission that we Katrina that was less than adequate in our office talking to our constitu- want to oversee what happened with certainly, or the situation in Iraq ents, or on this floor talking to our col- Hurricane Katrina, we had better fig- which still goes unexplained, we are leagues, that we know and the Amer- ure out what the answers are here. We paying the consequences. ican people will know exactly what you had better figure out what we did Mr. MEEK of Florida. Like I said, he are doing to them, and it will not be wrong because the next time it may is right and we are going to see. something where that: I do not know, I not just be New Orleans, it may not Mr. RYAN of Ohio. You are right. did not understand what I was doing on just be the gulf coast and then people Mr. MEEK of Florida. I will take that vote. And, if I would have had that are going to come to us and say in 2005, some of that, too. Because those of us opportunity. Do not come creeping in where was the United States Congress? that are here in the Beltway, and when here under the doorjamb writing some- Where were they in their oversight du- I say Beltway we are talking about thing into the CONGRESSIONAL RECORD ties? Article I, section 1 of the Con- here in Washington, D.C. there is a saying, well, I know I voted for this stitution, the people of this country Beltway that goes around this entire budget, to cut the budget of a lot of my govern in the House of Representatives city. Those of us that are drinking the constituents, but I really feel this way. and we have oversight over everything, water, breathing the air, and eating Do not do that. We do not want to over every executive function, includ- the food here understand exactly what have to pick up the CONGRESSIONAL ing FEMA and the Department of is going on, and it is our duty as Amer- RECORD to find that you have a con- Homeland Security. icans to make sure that we put light science about the vote that someone The concern is when a man of this where light is not. And even where you told you to do, a twist your arm. magnitude who has been around the have light, like here under the lights The gentleman from Ohio and I block as many times as he has been, here in this Chamber, that we illu- talked the other day about violating who has watched up close the misin- minate it even more as it relates to the spirit of the rules of the House of formation with the war in Iraq, Hurri- making sure that every Member knows Representatives. The so-called energy cane Katrina, all this other stuff, says exactly what he or she is doing or not bill that went and passed this floor just

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.056 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9025 a couple of weeks ago, held this board What my colleague from Ohio is say- Mr. PRICE of Georgia. Mr. Speaker, I open, the voting board here in this ing is 110 percent right. That bill that appreciate the leadership allowing me House open for 90 minutes, 90 minutes you have there, we have over 40,000 cit- the opportunity to speak this hour and on a 15-minute vote. We came up to izen cosponsors on it right now. talk about a number of issues. We are these mikes and called: Mr. Speaker, Mr. RYAN of Ohio. 40,000? Wow. H.R. going to discuss an important issue of point of order. What is going on here? 3764, you can come to health care. But before we do, I Did we not have a vote? Oh, wait, I am www.housedemocrats.gov/katrina. We thought it would be appropriate to cor- sorry. You mean to tell me you are not are trying to get a grassroots move- rect some of the misinformation that winning and the special interests are ment together, and it sounds like we we have heard over the past hour. And not winning on allowing them to stick are well on our way. 40,000 citizen co- the misinformation is truly remark- the drill anywhere they want to drill, sponsors for this bill to form an inde- able, and so I have been joined by one and you mean to tell me you are not pendent commission so we can go back of my colleagues here to address a cou- winning because this is not a true en- and review and actually fix problems. ple issues and I will do the same as ergy bill that is going to talk about Would that not be novel, for govern- well, and then we will get into the dis- conservation and independence and go ment to go back and actually have an cussion about health care. But I am against price gouging? You mean to independent commission, remove the pleased to be joined by my colleague tell me until you are able to twist politics, and fix the problem? That is from Tennessee (Mrs. BLACKBURN), who enough arms, or I must add, hammer what the Democrats want. is going to tell the rest of the story. people, okay, to the point where they And all that you said there, I want to Mrs. BLACKBURN. I thank the gen- are going to change their vote based on make one final point because we only tleman from Georgia who is doing such their thoughts of coming in here and have a couple minutes left. If you do an extraordinarily wonderful job, Mr. based on the information that they not believe us and you do not believe Speaker, as he represents the positions have on this bill that it does nothing, our third party validators, Mr. Speak- that our party holds on so many issues you are going to hold the voting clock er, let us just use good common sense that are important to the American open until you have your way. here. Every single cut that is being people. It is almost saying that we are at a made to supposedly pay for Katrina is I am going to be heading to my dis- little league football game and I hap- being cut in a program that does not trict for the weekend, as most Mem- pen to be the guy that bought the jer- have lobbyists. Can you believe that? bers are, spending some time there, seys for one team and my cousin hap- Medicaid, after-school, free and re- having the opportunity to talk with pens to be the ref that has the stop duced lunch, student loans, no lobby them. But as the gentleman from Geor- clock, I am going to tell him to stop groups down here for those people. So gia was saying, we wanted the oppor- the clock because we are behind by 7 we are going to pick on the little kids, tunity to just address and maybe do a points and I have got to go over and try we are going to pick on the people who little bit of correcting on some of the to twist some arms and try to change cannot defend themselves. But mean- points that our colleagues from across the rules so that we can come up by 8 while, the guys who are raising mil- the aisle have been saying and stating. points, and then I want him to start lions and millions of dollars for the Re- Sometimes I think that they are just the clock all over again. That is break- publican majority, we are not going to sadly misinformed on some of these ing the spirit and that is violating the touch you. We could not possibly ask issues. rules. They are doing things because in this time of great national crisis, They said that Republicans are not they can. three wars, we have a natural disaster looking to cut spending. I just find But I can tell you one thing, Mr. and high gas prices, we could not pos- that extraordinary. They said that RYAN. Just like you talked about that sibly go ask the wealthiest in this Democrats are the ones that are want- decorated veteran that has worked in country to pay their fair share. ing to cut spending. Mr. Speaker, the the State Department and worked with And I say this, and I do not say this level of hypocrisy in that statement is Colin Powell, the American spirit will lightly. This administration does not absolutely astounding. We have a prevail over politics, and that is what have the guts, the guts, to go and ask Democratic Party in this House whose we have to bank on as it relates to this. the wealthiest people in this country message, and I honestly believe many So those individuals that have a to help out. It is easy to cut programs days is the only message that they problem with us coming to the floor for poor people. It is easy, because you have, that message is: Spend more. and sharing exactly what is going on, know why? None of those people asso- Whatever it is, spend more. Whatever this is fact, not fiction, then they have ciate with the poor Americans. They they are wanting to do, if they do not a problem with the spirit of America. are not sitting on the White House think the outcome is right, go spend They have a problem with the blood, lawn drinking champagne and eating more. And for years they have held this sweat, and tears. They have a problem caviar. thought that if you just put more with folks that are sitting in Walter But show the proper leadership and money in the pot, then the outcome is Reed right now that laid it down on be- ask the hard questions and ask all going to be what they want. Spend half of this country that we would Americans, including the ones making more. Spend more. come here and represent them. They a billion dollars a year, to pay their And what holds them together? Mr. are white, they are black, they are Re- fair share. Our Web site is Speaker, I think that is something publican, they are Independent, they www.housedemocrats.gov/katrina for that is a curiosity to many people, be- are Native American, they are His- our citizen cosponsorship, and you cause they are not united on foreign panic, they are Americans. And we are can e-mail us at policy, they are not united on winning charged with the duty of coming to [email protected]. in Iraq, they are not united on border this floor and making sure that they Mr. MEEK of Florida. I thank my control issues, they are not united be- are represented. Even if the majority colleague from Ohio for joining me. Mr. hind working families who tell us re- does not want to represent them, even Speaker, I also would like to thank the peatedly that what they want is lower if we are in the minority, we do not Democratic leader for allowing us to taxes, lighter regulation, preserving in- have the option to say we were bigger, have this first Democratic hour. dividual freedom, and having their shot they were smaller. They had the major- f at hope and opportunity. ity, we had the minority. Oh, we could Our colleagues across the aisle are not do anything. We are doing every- HEALTH CARE AND FISCAL not united on that. The one thing that thing. As I speak now, we have Demo- ISSUES they repeatedly seem to be united on is cratic members fighting in committee The SPEAKER pro tempore (Mr. spending more of the taxpayers’ to make sure that they can get amend- KUHL of New York). Under the Speak- money, spending more of your hard- ments on to bills to be able to help er’s announced policy of January 4, earned money. And it is amazing to Americans. As we speak right now we 2005, the gentleman from Georgia (Mr. me, government never gets enough of are preparing to come to the floor to PRICE) is recognized for 60 minutes as the taxpayer money. Government has fight the battle with what we have. the designee of the majority leader. this huge, voracious appetite for the

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.057 H20OCPT1 H9026 CONGRESSIONAL RECORD — HOUSE October 20, 2005 taxpayers’ money. They just cannot by hardworking American families, re- today pays 34.27 percent of the total get enough of it. There is always an- pealing that relief and raising taxes, taxes, 34.27 percent by the top 1 per- other program. Many of them are great period. That is the only thing that cent. So you tell me whether you think programs, but one of the truths that we unites their party. that is the right amount or the wrong all see here in this body: If government I hope that they will work with us on amount. I do not know. All I do know moves in to solve a problem, generally reducing the spending of the Federal is they are certainly paying their fair neither the private nor not-for-profit Government. I thank the gentleman share. sector will move in and address that from Georgia for yielding. The column way over on the other problem. Mr. PRICE of Georgia. Mr. Speaker, I side, way over on the other side is the thank the gentlewoman from Ten- lower 50 percent of income individuals b 1415 nessee for her leadership and really in this Nation, and the amount that So you have additional costs that stalwart stance on the issue of budg- those individuals are contributing to come about. Every time we talk about etary reform and fiscal responsibility. the total revenue is 3.46 percent. You winning in Iraq, our friends across the She is one of the champions here as it see the difference, the lower 50 percent, aisle seem to say let us get out, regard- relates to that. that is half, 50 percent, that is half, less of the sacrifices that are made. I just wanted to mention a few other compared to the top 1 percent, 3.46 per- Every time we talk about controlling items that we have had presented by cent, 34.27 percent, 10 times as much by the border, they are over there saying the other side of the aisle over the last the top 1 percent as the lower 50 per- no way. hour; and again, I think the misin- cent. Mr. Speaker, yesterday, I was on a formation that is being presented is As I say, you may say that that is CNBC program; and a Democrat Mem- truly astonishing. It does a disservice not the right amount, but you cer- ber of the House said that their party to the American people. It does a dis- tainly cannot say with a straight face had never been invited to offer spend- service to the debate because if folks that the individuals who are in the top ing cuts. There are 435 Members of this are not interested in being honest and 1 percent are not paying their fair body, and Mr. Speaker, they are wait- open about the debate, then you cannot share. That is just nonsense, and real- ing for an invitation to come in and have a real debate; and when you are ly, makes it so that you have to be sus- participate in how to reduce the size of dealing with folks really who want to pect about every other word that government. This morning, I was on distort things so incredibly, it is phe- comes out of their mouths, especially the floor and I said please consider this nomenal. when it is talking about budgets. the invitation, come on. Everybody My colleague from Tennessee men- So I would hope that what they needs to work on this. It should be a bi- tioned that the Democrats were con- would do is to engage productively, to partisan effort. It should involve every cerned because they had not been in- engage in the process and come with single Member of this House, how we vited to participate. Let me tell you positive solutions and positive discus- go about reducing what the Federal what their leadership said when we dis- sions and not just a just-say-no atti- Government spends. cussed the possibility of opening up the tude, which is what their leadership I have three bills that would enact budget that we agreed to in the spring has told them as it relates to budg- across-the-board cuts, 1 percent, 2 per- in order to find savings to cover the etary issues. cent and 5 percent cuts; and for all of costs for the displaced citizens down in Let me shift gears a little bit because their talk today about how they want the gulf coast after the hurricanes. I did want to thank, once again, the to cut spending, Mr. Speaker, not one What the Democrat leadership said, leadership for allowing me to partici- single Democrat is on those bills, not well, you may do that but you will not pate in this hour and wanted to talk one. We have got 14 Republicans who get a single Democrat vote. Now, there about one of the most important as- are on those bills, and not one Demo- is leadership for you. There is leader- pects and areas of every single citizen’s crat has signed on to commit to finding ship for you. life, and that is the area of health care. 1, 2 or 5 percent of waste, fraud and We also heard from the other side re- Few things are more important to abuse in government spending. cently, just earlier today, that they any individual’s life than health care; Mr. Speaker, I ask my colleagues, looked for third-party validators, some and certainly, the decisions that an in- who is really leading on this issue? I objective body that would say, yes, dividual makes about health care are hear plenty of accusations from the what you are saying is absolutely cor- some of the most personal ones that left. I hear plenty of complaining, and rect. As an example of the third-party one will make. I am joined today by I see zero action. A lot of talk, no ac- validator, they brought an editorial one of the gentleman from Texas (Mr. tion. They controlled this body for 40 from the Washington Post. Folks in my CONAWAY), my good friends and col- years; and in that 40 years, they built district, if you had a microphone in league, who is going to discuss a little layer after layer after layer after layer their living rooms right now, you bit about individual responsibility as it of government. They cooked them a big would hear them guffawing. To con- relates to health care; and then we will old government cake, layer upon layer. sider that the Washington Post edi- talk about some other items as they We have got programs out there that torial is a third-party objective body is relate to Medicare and other issues and do nothing but waste our money. We just phenomenal, but it is the backdrop health care. have got 342 different economic devel- for all of the discussion that they have, Mr. Speaker, I yield to the gentleman opment programs. There is a lot of and that is, to distort and to give a from Texas (Mr. CONAWAY) and ask my work that we can do. Everyone is in- lack of credibility to those things that colleague to talk a little bit about invited to come in and work on these are truly occurring here in Wash- dividual responsibility in health care. issues; and anytime we even try to re- ington. Mr. CONAWAY. Mr. Speaker, I thank strain spending, look at the rhetoric I want to point out this chart right the gentleman from Georgia (Mr. that we hear. here because this is a chart that talks PRICE) for yielding. Mr. Speaker, it is our party in this about the percentage of Federal per- Let me make one comment about House, it is our leader, the gentleman sonal income tax paid by different sec- your chart. I am a CPA. I have spent from Illinois (Speaker HASTERT), who tors of our society. All the time you 30-plus years assisting clients in deal- truly is leading on this issue, not the hear the other side talking about the ing with our very complicated, very minority leader. It is our leaders who wealthy are not paying their fair share convoluted Federal income tax code, are pushing this. It is our party who and it is all on the backs of the poor whether it is individually or corpora- would like to reduce government and on and on and on. Sometimes the tions or other businesses. Any system spending by billions of dollars, billions picture is worth a thousand words. that is based on a ‘‘fair concept’’ is more in next year’s budget. It is our What this chart shows is that the top flawed because what is fair to one per- party that would like to see across-the- 1 percent, this column right here is the son’s view is not necessarily fair to board spending reductions. top 1 percent of our population in somebody else’s point of view. When Their solution that they offer is re- terms of income. The top 1 percent of you base a public policy this broad and pealing tax relief that is well deserved our population in the United States expansive and quite frankly invasive

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.059 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9027 on ‘‘fairness,’’ then you set yourself up There are some things in medicine and I look forward to hearing the re- for a constant argument and constant you do not ask: emergency or cata- mainder of the gentleman’s comments battle about what is and is not fair. strophic kinds of things. You go get from a learned colleague in an arena Clearly, your chart shows a differen- that thing. There is an awful lot of that is obviously of vital importance to tial between the wealthiest folks in medicine that I think is subject to a all of Americans. this country and the folks that are on circumstance where we can ask what Mr. PRICE of Georgia. Madam their way up to, hopefully, becoming that costs, and I think just doing that Speaker, I appreciate the gentleman’s the wealthiest in this country. Cer- would begin to drive down those costs. comments, because they are just so ap- tainly, they have got that opportunity As the example, I went for an annual propriate, and I think it is a shame, with hard work and applying them- checkup a year or so ago and had an but they are visionary, that it ought to selves to that. issue. The physician said, well, I can be the system that we currently have So I would just like to point out that prescribe a course of antibiotics that is in terms of personal responsibility and maybe we need a different system. about $300 a month and 3 months from an opportunity to select the kind of Maybe sometime next year let us have now that condition will clear up. I have health care that we have. But, sadly, this conversation about a different way got a prescription drug card so it was that is not the case. We will talk a lit- to collect the minimum amount of going to cost me $15 or whatever. I said tle bit about that and how we got to money needed to fund this Federal $900? He said, yeah. I said, well, what where we are today in our health care Government, and we will have that happens if I do not do that? He said in system. conversation. about 3 months it will clear up. But let me mention, once again, why I would like to comment, though, on I made a cost-benefit analysis and de- I think it is so incredibly important health care and individual responsi- cided that I would forgo the antibiotic that we discuss health care. It is a sig- bility. treatment and go with the professional nificant portion of the Federal budget I think it is universally recognized, judgment. It was my decision. I need to but, more importantly, it is without a and that is a hard thing to state with stand behind that decision, and if 3 doubt the area where the most personal a straight face, but I think it is univer- months later my condition had gotten decisions are made. And as we talk sally recognized that Americans enjoy worse and I had other problems that about health care, I think it is impor- the finest health care delivery system may have been fixed if I had taken a tant that we always try to remember in the world. You yourself have been an different tack, I cannot go back on the who is making those decisions, or who integral part of that as an orthopedic doctor or should not and sue the doctor should be making those decisions may surgeon, and your wife, I believe, is an or the pharmacy or whatever, sue any- be a better question. Who should be anesthesiologist, members of the deliv- body that is still breathing because of making those personal decisions as ery system that this country enjoys. a decision that I made. they relate to health care? We have got a flawed payment sys- Personal responsibility is not only My passion for this is, as the gen- tem, and I am not sure how we got to taking responsibility for paying for tleman from Texas (Mr. CONAWAY) this point and place, but we are here. health care but also reclaiming your mentioned, I am a physician, I am a We have got a system that if you ran health care decisions because those are third generation physician. My grand- your car insurance program the same yours. You are responsible for that, father and father were physicians as way we run health insurance, then and you yourself know there will be well. My grandfather graduated from each time you needed to change the oil the occasional bad outcome to any pro- medical school in 1908, so he saw a in your car or new tires, you would file cedure, to any field, and that is just transformation in the field of medicine an insurance claim. That is not how we nature. Doctors are not perfect or hos- that was absolutely incredible. He work our cars. We figure out a way to pitals. None of us are. Those legitimate practiced for over 30 years nearly with- operate our automobiles out of our nor- just bad outcomes is just the system, out any antibiotics at all. When you mal monthly budget. We budget for and we ought to take personal respon- think about that as being a different that and take care of those incidentals. sibility for that. kind of world, it really was a different We do have car insurance for the catas- I had several doctor clients, and to a kind of world, a different kind of trophes, for wrecks, for destruction and person, if they did something wrong, if health care. He practiced medicine theft, those kinds of things, those cata- they created an issue or made some- until he was 94 years old. So I remem- strophic deals. thing that aggravated something with ber well when I was a young boy, some Our health care system is flawed in a patient, they were going to fix it, pe- of my first memories are of visiting my that, quite frankly, I get the services, riod, no matter what it was. you provide me the services, and some- grandfather and going on what were one else pays for those services. In that b 1430 rounds with him, and rounds at that scheme, I am not as concerned about But in many instances, they used time meant house calls. Some people the cost of those services as I ought to their absolute best professional judg- remember those, but we would get in be because I am not writing a check to ment to treat a patient and they just his car or walk through the neighbor- help out with that. So I have no incen- got a bad outcome. That is life. So this hood and visit patients. And one of the tives, so to speak, to ask you are there personal responsibility issue that I am things that I remember so well is the alternatives to what you have pro- talking about is decisions for what love that was poured out when he posed, is there another way to do this health care you do get or you do not would come to a house, because it was or cheaper way. Can we do it at some get, and the costs. a very personal relationship, the rela- other hospital that can be a little less I think the health savings accounts tionship that the patients had with expensive than the one you typically that we have instituted in certain in- their physician, then my grandfather. practice at, because I am writing those stances will help us do that, so that My father was a physician as well checks. putting away money in a health sav- and came and practiced during the Getting personal responsibility back ings account; if you have a normal 1960s and the 1970s, and it was a dif- into the health care system, getting a monthly kind of an expense come up, I ferent time then also. It was a time of system in which I have a viable inter- have to decide do I take that money great transformation for health care, est in asking that question. We may out of my health savings account that in a direction that has kind of led us to ask that question on every other single is growing, or do I figure out a way to where we are right now. He initially thing that we do, how much is that do it out of this month’s budget or my practiced internal medicine and then going to cost. We may not ask it out normal operating budget. So bringing moved into becoming one of the first loud, but we make a cost-benefit anal- that personal discipline back to the professional physician groups of emer- ysis each time in our head each time table in the arena of health care is not gency care. He worked in an emergency we make a purchase on something such the absolute overall magic bullet, but room in a hospital, and that was part as how do I want to pay for that. We do it is a piece of the fix that is health of the transformation that medicine not do that in medicine, and it needs to care costs. was going through, to try to answer be communicated to all of us that that I appreciate this opportunity to some of the real challenges of caring is okay to do in medicine. share this hour with the gentleman, for people with new technology and a

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.061 H20OCPT1 H9028 CONGRESSIONAL RECORD — HOUSE October 20, 2005 new society that was having challenges rules. The finest one is the golden rule for the entire health care system of our in the way that people were accessing that says do unto others as you would Nation, and it has been in place for 40 health care. Many suffered from trau- have them do unto you, but in Wash- years, and it has not covered a single ma, which had not been the case in the ington the golden rule is he who has medicine, not one antibiotic, not one past, primarily related to the auto- the gold makes the rules. And this drug for diabetes, not one drug for hy- mobile and the kind of traffic that chart demonstrates clearly one of the pertension or high blood pressure, not began sprouting up in so many urban challenges that we have as it relates to one drug for cancer; it has not covered areas across our Nation. health care. any of them. That is the way that In the 1960s, we saw the changes that This chart shows the percentage of Washington works; that is, slowly and came about with the institution of health care expenditures that are pri- with a lack of perspective on who is Medicaid and Medicare. And when we vately paid or paid for by the govern- being affected by the decisions. talk about health care in the United ment. And one of the dirty little se- Remember, patients are the ones States, it is impossible to talk about crets that is not really a secret is that that are affected by the decisions that health care without talking about whenever the government pays for any- we make here in Washington as it re- Medicare, because Medicare has truly thing, whenever Washington pays for lates to health care all across the spec- transformed, for better or worse, the anything, there are all sorts of rules trum. And we have a system in place whole method of how we deliver health and regulations and requirements that that is not changing; that is, the struc- care in our Nation. The vast majority are in place that go along with that. ture of the bureaucracy in the govern- of private insurance products today as Sometimes they are good and some- ment, that is not nimble, it is not nim- they relate to health care are tied in times they are not, but they have to be ble like the private sector. So we have some way to Medicare. Most folks do complied with. Otherwise, you do not a Medicare program that for 40 years not talk about that, many do not know get the money. has not covered a single drug. that, but it is why the discussion about Now, in 1965, remember that other Now, thank goodness we are moving Medicare is so incredibly important. chart that we had, which showed the in that direction. There are some chal- There are a couple charts that I have amount of money that we were spend- lenges I think we have in that pro- here that I would like to share with the ing on health care. This chart shows in gram. But we have a system of govern- body that kind of bring some of that 1965 that government paid for about 25 ment in Washington that cannot re- into perspective. This first one comes percent of all of health care expendi- spond to the remarkable changes that from the Center for Health Trans- tures in our Nation. And the private we have had in the area of progress in formation, and that is an organization sector, individuals and the private in- science and technology. The private surance, paid for about 75 percent. So that has come about in the past couple sector is so much more adaptable, so about 3-to-1 private sector to govern- of years. It is headed by some wonder- much more flexible, so much more ment. ful people. Speaker Gingrich is leading Over a relatively short period of nimble. So when patients need im- this charge. He recognizes that the as- time, we are seeing a significant provements, they ought to be able to pects of health and health care and the change in who is paying for what. look to the private sector for those im- costs of health care to our Nation must Right now we are in a situation where provements, because they come about be transformed in the way that they the government is paying for about 45 so much more rapidly. But the sad are being delivered right now. And this percent, and it continues to tick up, of story is, they have to look to Wash- information comes and demonstrates health care expenditures, and the pri- ington. the national health care expenditures vate sector or the private market is So I think what we need is a trans- as a percent of gross domestic product. paying for about 55 percent. That is im- formation of our health care system so So how much are we in this Nation portant not just because this side is of- that patients can make those kinds of spending on health care as it relates to tentimes on the backs of hard-working decisions. The health care model that we have the entire domestic product that we Americans, but it is important because right now really harms people, because have? How much money do we have and remember that golden rule, he who has it is not responsive to the needs of pa- how much are we spending on health the gold makes the rules. care? Washington, when they are paying tients. It is responsive to a bottom In 1965, that amount was about 6 per- for health care, make rules that may line. It is responsive to a bottom line. cent. In 1965, that amount about was and oftentimes may not be to the ben- In fact, the individuals way back in about 6 percent. It happens that 1965 efit of the system. When I say ‘‘the sys- 1965 who wrote Medicare, the Medicare was the year that Medicare began. And tem,’’ I do not mean the folks pro- law, in this body knew that. They knew there are a variety of reasons for why viding the care; I mean the folks re- that Washington could not be respon- we see the curve go up the way it does, ceiving the care. This system is set up sive. They knew that it ought not be in but suffice it to say that we have sig- not to serve patients, and that is the charge of health care. And how do I nificantly increased the amount of our problem. This type of graph dem- know that? I know that because what domestic product that we are spending onstrates that those individuals who they wrote in the law at that time, and on health care, now to about 13 per- are most, remember, the most personal this is a quote from the changes to the cent, and the projections are that in decisions that we make are health care Social Security Act which put in place the relatively near future, we will be at decisions, and this system is set up to the Medicare program: ‘‘Nothing in 17 percent. Some of that is, I would not be one that is the most helpful to this title shall be construed to author- suggest to the Members of the House patients. ize any Federal officer or employee to and folks who are watching, some of My colleagues may say, well, can you exercise any, any supervision or con- that is as a result of governmental in- give an example of that? Well, there trol over the practice of medicine or volvement, and we will talk about that are all sorts of examples of that, but the manner in which medical services some. Some of that is a result of tech- what I would like to talk about briefly are provided.’’ nology, no doubt about it. But the is an example that clearly points out Did you hear that? Nothing shall be trend is disturbing. The trend is dis- why Washington is not the place to construed to authorize anybody in the turbing, because we cannot go too make these decisions. We are about to Federal Government to exercise any much further, and we may be at that begin a new part of the Medicare pro- supervision or control over the practice point now, where we are not able to gram on January 1 of 2006, it is part D of medicine or the manner in which provide for other priorities that the Medicare program which will start medical services are provided. Nation has. So we have gone from January 1, and that program is a pro- Well, I say to my colleagues, I will about 6 to 13 percent as a percent of gram that for the first time since 1965 tell you, and you know this, that all gross domestic product. when the program was instituted, for sorts of things that Medicare does and Now, it is also important to look at the first time will cover prescription all sorts of things that we do specifi- who is paying. I often talk about the drugs, will cover medicines. cally, specifically, either supervise or golden rule. Most folks know the gold- Now, one thinks of a health care sys- control the practice of medicine or the en rule. There are a couple golden tem that has incredible ramifications manner in which medical services are

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.062 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9029 provided. We violate this law all the ice that allows you to do what it is you I heard a statistic the other day that time, all the time. And why do we do want to do in terms of travel. I found fascinating. Four percent of the it? We do it because we are not patient- Now, why is it that in health care we public is accessing the health care sys- sensitive or quality-sensitive as it re- do not have any of those things? We do tem at any point in time. Four percent lates to health care. Washington, by its not have any of those things. Think of the population is accessing the very nature and by its very being is about what happens when you go to health care system, having some inter- bottom line sensitive, it is bottom line your doctor. What happens is that you action with the health care system. sensitive. walk in the door, and what are you met Half of those folks are frustrated in So we have a model that is in place with? some way. So you say, well, why has that cannot, I would suggest cannot You are met with a pile of paper. You the system not changed? Well, if only 2 provide the kind of services that are are met with a pile of paper. And you percent of the population is mad at any needed for the patients. read through that paper, or most folks point in time, it is a small amount. It Think of the contrast. If you think go right to the back end of that paper, is a small amount. about the ways that our society has and you sign. And you wait and you get But what that defined benefit system changed over just the past 20 or 30 into the clinic room or the exam room, has in place is a system where patients years, the way that we do so many ev- and your doctor comes in, and he or cannot be the ones who are affecting eryday things, and if you compare that she has what in their hand? A chart. A insurance plans easily. Because, you to how health care is provided now and paper chart. know, my colleagues know and pa- how it has changed or not changed, That may have the last notes from tients around the Nation know that then you have a very clear idea I think your office visit. It may not. It is a sys- when they dial up the insurance com- about the challenges that we have in tem that is antiquated. It is a system pany and say, hey, this plan is not the area of health care. that is inefficient. It is a system that working for me, I cannot get this dis- Some common, everyday things: buy- is unresponsive to the needs of patients ease treated, or I cannot go to the doc- ing gasoline at the gas station. Now, in a way that the rest of our society tor that I want to go to, or I cannot get regardless of what it costs, the way has transformed completely. the medicine that I want, the insur- So health care is stuck in the past. It that we used to purchase gasoline is ance company says, well, you will have is stuck in the past century. It will that you would pull up at the pump and to talk to your boss. Right? Talk to take a significant length of time to your human resources officer. Or if you you would roll down your window and just catch up to where we are, not get are a Medicare patient, you cannot somebody would come out, and they into the 21st century, but to catch up even get through on the phone most of would say, would you like us to fill it to where we are. up? And then they would go ahead and Now, how do we progress from here? the time. But what happens is that the put the amount of gasoline that you What do we need to do to move forward patient is removed from that decision- wanted in your car, and you would pull and transform health care? I want to making process. Now, that is not right. These are the out a dollar or two or more and you talk about some principles, and I want most personal decisions that people would pay for that gasoline. Now, how to talk about a resolution that I have do we put gas in our car? We pull up to introduced, H. Res 215. It is kind of a make in their lives, the most personal a pump, we never see anybody, we take 30,000-foot view of health care. decisions; and they are removed from our credit card out of our pocket or What it says is that we ought to that process. So moving from a defined purses and we put it in the pump, we move as a matter of national policy benefit system to a defined contribu- select the gasoline, we pump the gaso- from a system as it relates to health tion system says that whoever is pay- line, and many of us, I am told almost care of defined benefits to a system of ing the cost for the health insurance, half of us, do not even ask for a receipt defined contribution. Now, what does whether it is the Federal Government any more because we trust the system. that mean? through the Medicare program or the State government through Medicaid, or b 1445 Right now most individuals get their insurance through their employer, or the employer through employer-pro- Because we trust the system. It is their previous employer, or through vided health insurance, or the individ- easy. It is more efficient. It is a system the government, though Medicare or uals, regardless of who is paying for that has changed drastically over the through Medicaid. And all of those sys- the insurance policy, the patient owns past 20 or 30 years. And if you compare tems, by and large, have what is called the policy. that to health care, that is stuck in a a defined benefit plan. The patient owns the policy. And paper society that is no longer existent That means that somebody, in the that is a sea change, because what that in so many aspects of our society. case of Medicare and Medicaid, some means then is that patients can vote The same is true of travel right now. government employee, bureaucrat, has with their feet. If they do not like what If you want to purchase an airline tick- gone through and decided what ought one insurance company is doing be- et, an increasing number, in terms of to be included in that insurance plan, cause they own the policy, they can percentage of folks, are now going on- in that package, and what you can be change to another insurance company. line. They can go to their home com- treated for and where you are treated And if they do not like what that computer 24 hours a day, 7 days a week. and by whom you are treated and how pany is doing, they can change to an- They pull up the site of the airline that are you treated, often times. other. It also makes it easy so that they want to utilize, or they can go to What diseases are covered, what dis- when the patient gets on the phone something like Travelocity and it will eases are not covered. Somebody else with the insurance company, the insur- pick the different airlines for you. has decided all of those. That is a de- ance company has to be responsive to You plunk in the starting city where fined benefit. There is a defined pack- the patient. Why? Because the patient you are going to leave from; you plunk age of benefits that are provided to the has power. The patient has control and in the designation city. It will send patient. This is true for individuals re- ownership of the insurance policy. It back to you, in a matter of seconds, ceiving their health care through Medi- changes the whole dynamic for health seconds, what kind of flights there are, care and Medicaid. It is also true for care. how much it costs, whether there is a most employer-provided health insur- It will not change anything over- seat, and then you can purchase your ance. night; but over a period of time, what ticket right there. Someone else, the human resources it will do, if we are bold enough to And you can, within 24 hours of your officer or someone in the company is transform health care in this way, it travel date, you can sit at your home deciding what ought to be covered in will allow patients to have the power computer or at your office and print terms of health care. And what that over the kind of insurance policy that out your boarding pass. The efficiency does is remove the patient from that they have. of that, if you think about it, is mind- decision-making process. It also sets up Now, this Center for Health Trans- boggling. It is incredible. a system whereby the patient, if the formation is really doing some incred- You as an individual are interacting patient is frustrated, oftentimes that is ible, incredible work. And what they with the entity that can provide a serv- the case. have done, I think in a very succinct

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.063 H20OCPT1 H9030 CONGRESSIONAL RECORD — HOUSE October 20, 2005 and appropriate way, is to identify The current system as we talked b 1500 kind of the principles of our current about is paper-based instead of uti- The legal system is just phenomenal system of health care, and compare lizing the technology that is available as it relates to health care, and it them to what a 21st-century health today. The current system is a third- drives this practice of defensive medicare system would be. party controlled market, and that is a cine to an incredible degree. And I would like to just touch on a fancy way to say that the patient is Overall cost increases. We have not few of these. The current system is pro- out of the loop. vider-centered, or I would say more seen the kind of savings in health care Remember, the Federal Government we ought to see. You remember the correctly, it is insurance- or govern- or the State government or the em- ment-centered. Remember that the pa- graph that showed the increase in per- ployer, by and large, is making deci- cent of GDP that we are spending on tient is outside of the control process, sions about what kind of health care is outside of the power process for this. health care? It was 6 percent in 1965. being provided, not the patient. The Now it is 13 percent, soon to go to 17 The system is price-driven. process is focused on government. As I What that means is that it is more percent. We have not seen any of the mentioned, it is the government that is savings in health care that we have interested in the bottom line than it is making these decisions has limited interested in quality, or, said another seen throughout all other sectors of choices. way, it is more interested in money our society. You know this, Members of the than it is in patients. And that ought What is a 21st-century system? It is not be a system that we tolerate. That House and all of our citizens know this, centered on the patient. It is values- ought not be a system that we tolerate. that often times if you get sick, what driven, knowledge-intense. It allows for Medicare is a classic example. Re- is the first thing you do if you have not a free flow of information between phy- member, I mentioned that Medicare is been to a doctor in a while? Well, you sicians and other providers. It is important to talk about as it relates to do not do what you ought to do, what prevention- and health-focused. Elec- health care, because so much of our en- you ought to be able to do, and that is tronically based. It gets away from tire health care system, even in the find the highest quality physician you that paper system that frankly results private sector, is driven by the deci- can. in more errors and more problems be- sions that are made in Medicare. Medi- You open up your book and see who cause it is a paper system. care has a system that they com- you can see. Someone else is making The Center for Health Trans- pensate or pay physicians and other that decision about who you can see. formation calls it a binary mediated providers with. It is called an RBRVS, That is not a system that provides the market. What does that mean? It or a Resource Based Relative Value greatest amount of choices appro- means that the patient is in charge, Scale, RBRVS. And what that means is priately for patients. the patient and the provider are the that Washington, the Federal Govern- The current system is a predatory ones making decisions. ment, decides how much money it is trial lawyer litigation system. The Outcomes focused on government. In- going to spend on health care for sen- lawsuit system, the lottery system of creased choice. That is exactly what iors. the courts that we have as it relates to needs to happen. The patient needs to It decides what that pot of money is health care right now is driving up the be in charge. And a new system of going to be. And it may or may not cost of medicine. It is making it so health justice. All of these things bear any resemblance to the amount of that folks are receiving all sorts of would result in a significant decrease health care that needs to be provided, tests and the like that they frankly do in the cost of the health care and mak- so that when patients go to their doc- not need. ing it so that the quality of care and tor, they may or may not be able to get And the problem with this is not the quality of life is increased all across at what they need because the deci- malpractice insurance costs that doc- the Nation for all, frankly, because of a sion-making is all based on cost; it is tors are having to pay, although that is transformation in our health care sys- not based on need. It is not based on a minor portion. The bigger problem is tem. quality of care. It is based on how what is called defensive medicine. That So what we need is a new vision for much money we have. means that your doctor, when you go health care, one that has more choices, That is a model that is fraught with see your doctor, he or she often times more control by patients resulting in problems and, frankly, fraught with ex- is ordering a test or doing a procedure higher quality and lower costs. And I treme difficulties for patients. So a or something in order to make it so look forward to working with so many price-driven system just does not work. that they are less likely to be sued and of my colleagues in the House on both It ought to be something completely cover themselves, not necessarily besides of the aisle who are interested in different. That has been defined by the cause you need them. And you say, positive solutions, productive solu- Center For Health Transformation as well, that is crazy. tions, making it so that those personal values-driven. We will talk about that But it happens all of the time. I am decisions as they relate to health care in just a minute. The current system is knowledge-dis- an orthopedic surgeon. When someone are able to be made by patients and in- connected. There is not a good way to comes into my office with back pain, dividuals. get knowledge between those folks pro- almost regardless of their complaint, if Mr. Speaker, I am honored to be viding the care, slow diffusion of inno- I have not seen them before, every one joined now by one of my colleagues, vation. It takes years, literally, for a of them gets an x-ray. Now, they get an the gentleman from Nebraska (Mr. new drug that is out to come on the x-ray because if I did not do an x-ray FORTENBERRY). We thank the gen- market, to get to the market. It takes and they went out of the office, and tleman so much for coming, and I look an average of 5 to 7 years, 5 to 7 years they went to another physician and forward to the gentleman’s comments from the time when a new procedure or that individual took an x-ray and on as they relate to health care. a new type of treatment for a specific that x-ray was found to be something Mr. FORTENBERRY. Mr. Speaker, I disease is described in the literature, in astronomically wrong, then I could thank the gentleman for the oppor- the medical literature, to get to be have been sued for not picking that up tunity to be here and participate in used in the clinic or exam room or in at that very first office visit. this important discussion of health the operating room. Five to 7 years. You say that is probably the right care in our country. I thank the gen- That means that the kind of health thing to do. Well, 90 percent, 90 percent tleman so much for his leadership care that we are receiving right now of individuals with back pain, standard today in coordinating this important the individual who described the new back pain, will get well within a period discussion. innovation did so 5 to 7 years ago. That of 3 weeks. They did not need an x-ray. Mr. Speaker, I believe we have an im- is not a system that is responsive to But everybody gets one. Everybody portant opportunity today to both save patients. It is a system again that is gets one. So you make it so that that lives and save money. Health care is a not patient-oriented. The current sys- 3 weeks is not lost for the minimal per- pervasive part of American society. As tem is dysfocused, instead of being fo- centage of individuals who have a sig- we have heard, a major portion of our cused on prevention and on health. nificant problem. Federal budget is devoted to health

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.064 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9031 care costs, and total health care ex- These tax preferred accounts, coupled We need a new model, a new model penditures are a significant portion of with high-deductible health insurance, for health care. A transformation of our gross domestic product. help alleviate the ever-increasing cost our health care system is what is need- The good news is people are living of traditional health insurance pre- ed: more choices, more control by pa- longer with better technology and bet- miums and empower families to take tients, higher quality and lower costs. ter drugs. That is excellent news. better control over their own health What that does is make it so that we America has one of the best health care care dollars. would have better care, more patients systems in the world. Yet everyone While the number of individuals in power, and more responsibility and knows, because everyone is affected, using these accounts is increasing, I opportunity for patients to receive the that rising health care costs are a believe we need to do more to give kind of care that they so richly de- growing challenge to families, to busi- small business owners and entre- serve. nesses, and to the government. We need preneurs the ability to take advantage Again, I would like to say that I look to look at this system, and I believe of this very important policy innova- forward to working with Members on that simple new approaches can make tion. In fact, of the new policies, 37 per- both sides of the aisle who want to a huge difference, as the gentleman has cent were taken out by individuals who work positively and productively to pointed out. were previously uninsured, and 27 per- bring about a system of health care in It is estimated that improvements in cent were taken out by employers who our Nation that allows patients, that health information technology, quality previously did not offer health care in- allows patients to be the ones making patient management and wellness pro- surance to their employees. decisions that give the highest quality grams themselves promise to save up Now, one concern regarding health of health care that they need and that to 20 to 40 percent of costs. Personal savings accounts is the initial funding. they deserve. ownership of health care decisions may I have introduced legislation that will f minimize the wasteful overutilization allow individuals to roll over portions of services. Incentives to medical pro- WORKING-CLASS FAMILIES of their retirement accounts into BETRAYED viders, as well, to better target expen- health savings accounts. This rollover sive and excessive testing are all areas would not subject the retirement ac- The SPEAKER pro tempore (Mr. that we need to aggressively explore in GOHMERT). Under the Speaker’s an- count to the usual 10 percent penalty order to appropriately use our public nounced policy of January 4, 2005, the for early distribution. Moreover, all in- and private health dollars. gentleman from New York (Mr. OWENS) dividuals with retirement accounts Mr. Speaker, today I wish to focus on is recognized for 60 minutes. one aspect of how the rising cost of would be eligible to take advantage of Mr. OWENS. Mr. Speaker, I would health insurance prevents entrepre- this opportunity. like to talk about the betrayal of I believe this will help meet impor- neurial individuals from pursuing good working-class families and the people tant public policy objectives of increas- opportunities. I think we must take on the bottom who need the safety net the opportunity to think creatively, to ing access to health care coverage and most. In this year of disaster, in this update outdated approaches, and put overcoming a major barrier that small time of disaster, the people who need consumers and families in charge. I businesses face. the help the most and who are the HSAs, as they are known, are just have a keen interest in reducing bar- weakest in our society have been be- one of the many simple new approaches riers for small entrepreneurs. The vast trayed by the leadership. majority of new jobs in our country are that can make a huge difference in our Involved in this matter is the recent created by small business. This is health care system by providing posi- set of decisions made by the President where most people are working hard to tive incentives for those who use the to suspend Davis-Bacon in Louisiana get a little ahead in life and secure system. where on the gulf coast we have a tre- their own long-term economic well- Again, I would like to thank the gen- mendous amount of construction work being. tleman from Georgia (Mr. PRICE) for going on, opportunities for jobs to be I have seen how the lack of available undertaking this important discussion created for those people who have been health insurance and rising health care about health care and health care costs thrown out of work and have no in- costs decreases productivity and dis- in our country; and I look forward to come, no homes, no reasonable future. torts social and economic decisions. continuing our dialogue about innova- It is an opportunity for them to be em- For instance, in my district it is not tive approaches to both save lives and ployed. And yet interference by the unusual for a spouse in a farm family save money. White House has cut the wages there to drive very long distances to have a Mr. PRICE of Georgia. I thank my by suspending Davis-Bacon. And I will job simply for health care coverage. good friend from Nebraska for joining explain more about Davis-Bacon in a The rising cost of providing health care us today. I want to thank him for few minutes. coverage for employees is a growing pointing out health savings accounts They have also suspended any Fed- obstacle for small business owners or and also the incredible importance of eral regulations on affirmative action. those who may wish to join their this discussion to small business. And that, of course, will hit hard be- ranks. When I go back to the district and I cause evacuees, the people who had to It is not surprising that only 63 per- visit businesses all across the district, leave New Orleans and who are expect- cent of smaller companies can afford to one of the things that they say, What- ing to come back, 60 percent of them offer health care insurance. This is a ever you do up there in Washington, were African Americans; and their op- primary reason why three out of five please, please, make it so that we can portunities to get those jobs that are uninsured persons in our Nation are afford to provide health insurance for going to be created in the process of re- small business owners, their employees our employees. building the reconstruction are less- or their families. So many of the things that we are ened by the fact that the contractors Recently, the Committee on Small doing right now as it relates to the are not required to follow Federal regu- Business held a field hearing in my dis- model in which we are delivering lations and affirmative action. trict. It was an extraordinary turnout. health care make it more difficult for Those are just two of the things I One of the reasons was because it was them to be able to provide that. So I would like to discuss. There is a broad- on the issue of small business and thank the gentleman for his perspec- er range of issues related to leadership, health care costs. During this forum, tive and for joining us today. competency in leadership, preparedness we examined the increasing cost of Mr. Speaker, I want to take a very, in terms of the huge amount of money health insurance and possible solu- very short period of time and just close we have invested in our armed services tions. The hearing emphasized one im- by saying that the model that we cur- and our military apparatus and why we portant aspect, the underutilized tool rently deliver health care under in this cannot have the dual preparation of for small businesses known as health Nation is one that is not patient the same body of people who are pre- savings accounts, which were estab- friendly; it is not efficient; and it does pared to fight wars also be trained to lished as a part of Medicare prescrip- not spend anybody’s money, be it tax take care of natural disasters of any tion drug law. money or personal money, wisely. kind.

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.066 H20OCPT1 H9032 CONGRESSIONAL RECORD — HOUSE October 20, 2005 However, before I commence to dis- universal health care. The majority of which they cannot afford, they would cuss this betrayal of the people on the American people support universal have died. bottom, people from working families health care, yet we have failed to pass Would the gentleman care to com- by our leadership, I would like to yield health care legislation. According to a ment on that? to the gentleman from Detroit, Michi- recent Kaiser Foundation poll, 64 per- Mr. CONYERS. Well, it is this cold- gan (Mr. CONYERS), who has a set of cent of Americans favor expanding blooded bottom-line economic business items that he would like to discuss on Medicare to all Americans. A Pew Re- approach to health care that makes us his own. search Center for the People and the rank number 37 among the nations in Mr. CONYERS. Mr. Speaker, I want Press survey was conducted by Prince- the world when they examine how this to thank the gentleman from New ton Survey Research Associates on health care is being delivered. The fact York (Mr. OWENS) for his discussion, a July 14 through August 5 of 2003 na- of the matter is that you cannot ration very important one that I am very tionwide. And cities across the coun- health care if you want a strong na- pleased to associate myself with. try, Boston, Pittsburgh, New York, and tion. I rise to use this part of the Special Detroit, have sponsored universal If you really need to go to the doctor, Order to discuss the health care crisis health care hearings where hundreds of if you really need treatment now be- in America, the uninsured, and the citizens are demanding from their fore it becomes worse or uncorrectable need for universal health care. It Members of Congress that they fight or fatal, as the gentleman suggests, we strikes me as unacceptable that Amer- for passage of universal health care cannot send out an arbitrary amount of ica remains the only country among legislation because they are tired of money because we are doing other the developed nations that still does the high cost of private health insur- things in the world or we are building not have a universal health care sys- ance, and being uninsured, sick, or new weapons of mass destruction or we tem. It is time for this body, the Con- broke due to our profit health care sys- are doing anything else. We have to gress, to pass a universal health care tem is no longer something that they have a health insurance system that is bill now. can deal with. flexible to the needs of the people. The biggest problem in this country So on behalf of the 49 other Members And one of the first things that we is that our health care is run like a of the House of Representatives, the would come to, I say to the gentleman, business; and the profits of private gentleman from New York included, I is that we are catching up to people health insurance companies, health am proud to say, we are happy to pro- who have needed ample health care for maintenance organizations, and phar- pose and set forth for examination and a long time. One of the great things maceutical companies are more impor- discussion House Resolution 676 that about health insurance, at least our tant than whether or not working fam- supports the idea and how we get to a program, is that health insurance ilies and senior citizens and small busi- national universal health insurance would be working in a preventive nesses in this country and their em- that allows everyone to be covered no mode; that when you get sick and get ployees have access to affordable and matter where they are from, no matter well, you will then be treated and you high-quality health care. what their illness. We want to put an will come back for annual checkups So I rise to discuss this serious end to a system which really is so and you will actually reduce the cost of health care crisis and the fact that it threadbare that we cannot fix it up any providing the American citizens with can no longer be ignored. It is my be- more. There is no more mending that health care. lief that the time has come now for we can do. There are no more ways we So it is incredibly important that bold and decisive leadership by the can patch it up. this debate start here and now. And I Congress to address the growing crisis We have now come to the point in have been told that other Members of of the uninsured, the skyrocketing time where not only the people but a the Congress were talking about this costs of private health insurance which number of our friends in the labor subject today, so I will be anxiously re- is hurting working families, and non- movement are supporting universal viewing their comments so that we can working families all over this country. health care. Twelve international labor continue a broad discussion of this How many more horror stories must unions and individual local unions matter. we read in the newspapers across the across the country now support single- Right now there are 45.8 million peo- country, day after day, that painfully payer universal health insurance. This ple with no insurance. They are not describe the plight of the uninsured includes the United Automobile Work- underinsured, they have none whatso- and the underinsured before we act to ers, the American Federation of State, ever. And then there are any number of pass universal health care legislation County and Municipal Employees, the million who have insurance but they that guarantees once and for all that United Steelworkers of America, Serv- are underinsured. They do not know all of us, all Americans, regardless of ice Employees International Union, that what they may go to see their income, employment, regional demo- SCIU, and the National Education As- doctor about is not covered in their graphics, or race have access to the sociation. plan until they find out the hard way. highest quality health care possible. Mr. OWENS. Mr. Speaker, if the gen- So I want everyone in our body to tleman will yield, I would just like to know that this is the beginning of a b 1515 note that on today’s front page of The discussion that I am prepared to deal Recently, in The New York Times, New York Times, today, Thursday, Oc- with on every issue, every aspect, be- op-ed writers are reminding us and tober 20, there is an article which talks cause we want to make it clear that calling for national health insurance about, and the gentleman mentioned this is not just something for some that covers everybody, everybody in, patching up, we should no longer try to group of people. This is going to benefit nobody out, as the best way to solve patch up the system. There is an arti- our economy. Goodness knows General the crisis of the uninsured. In an Octo- cle which says that Jeb Bush, the Motors and Ford and Daimler Chrysler ber 17 New York time op-ed, which President’s brother, who is the Gov- in Detroit all are struggling with the highlighted the plight of uninsured ernor of Florida, has been given a waiv- legacy costs that they have to carry workers in America, that article point- er to revamp the Florida health care because we have an employer-based ed out that 9,000 Wal-Mart workers system, the Medicaid system. system. And many of our automotive needed public insurance in Wisconsin The essence of what Jeb Bush is pro- competitors have national health in- alone. And the op-ed concluded with posing is that they will establish a cer- surance systems, so they do not have the notion that the problem of unin- tain amount of money to be spent on to carry those additional costs. sured cries out for a Federal solution each Medicaid patient, and when that So this is the beginning of a discus- and that Washington lawmakers have runs out, that is it. They die. By impli- sion that we will welcome as many as done nothing to solve the larger prob- cation, they will spend that amount of would join in as we sort these issues lem, the crying need for national money on the health care of that per- out and move toward the time when health insurance. son and when that amount of money America will enjoy a universal health Polls reveal that the majority of the runs out, then they are on their own. coverage system that cares for every- American people support the concept of And if it is some procedure, of course, body in this country, from shore to

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.068 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9033 shore. And I want to thank the gen- buy the medicines or buy the cots and in New Orleans. The flood was not a tleman for participating in this discus- the equipment. Large parts of it will be natural disaster. The hurricane was sion, and I yield back to him. drained off. over when the levees broke. The fact Mr. OWENS. I thank the gentleman The great fear there is corruption. that those levees had not been taken and would like to say that the remarks And, of course, Third World countries, care of is just one more example of how I am going to continue making are developing countries have a major the leadership of this Nation, people on very much in concert with the general problem with corruption. We talk the top, are corrupted where they do theme of what the gentleman has said. about it here in the United States all not deal with problems as they should, Every American, every human being, the time. We talk about denying the and therefore they make the people on certainly every American citizen de- World Bank resources to certain na- the bottom suffer unnecessarily. serves to have the entire society in- tions because of the fact that they As I have said on several occasions, volved and engaged in trying to guar- have corrupt governments, corrupt the Netherlands, the Dutch, are a antee that they get the best health leaders. But the corruption goes on whole nation below sea level. As a na- care possible. There can be no second here also. In Katrina we have a graphic tion, they have been contending with class, bargain basement health care. example of how that corruption can be the same problem New Orleans has. Our leaders have failed us by making cruel and inhuman and get out of hand. They know how to hold the sea back; us believe that it is impossible, and Just two quick actions by the White they know how to manage floods. They these proposals that are being made House show the point that I am trying know how to deal with water. They today on the front page of The New to drive home. They failed to properly have never been called upon to revamp York Times about Jeb Bush in the provide for the people of New Orleans, the levees and deal with the situation State of Florida are just beginning, but and large numbers have suffered need- in New Orleans. Kentucky is in line and a couple of lessly. Large numbers have died need- It would have been easy to get that other States want to do the same lessly. Large numbers were trapped in kind of expertise. If you cared about thing, which is to put a price on health a situation which was quite inhuman. the people of Louisiana, they could care. You get $1,000 a year for your They were in a dome, a huge dome, a have solved the problem. The tech- medication, for your examination, or sports dome with 20,000, 30,000 people. nology and the know-how is there. for whatever, and after that you are on Imagine being in a convention center, a They had scenarios in New Orleans your own. Now, the $1,000 is hypo- huge convention center and to have the which showed that terrible things thetical. They do not quote a figure. lights out for two or three nights. Re- would happen if the problem was not But they are saying there should be a member, it is summertime and it is taken care of. Nevertheless, our leader- figure for each individual, and after smoldering in the heat, plus the dark- ship refused to appropriate the money. you run out of money in your account ness. The fact that those people did not Our leadership refused to allow the en- you are on your own, that the State go mad, that more of them just did not gineers to deal with the problem or will only go so far and that is it. go out of their minds is a miracle unto come up with people competent to deal I think that is cruel and unnecessary. itself. They all deserve to be awarded with it. Or they could have called upon We are the richest Nation that ever ex- medals as heroes. Anybody who could the Netherlands to provide experts. isted in the history of the world. If come out of there and just keep their That is one solution. We lean on other Canada, Germany, Spain, France, and sanity deserves to be saluted as a hero. nations when we need their technology all kinds of nations can have a decent And if you doubt that, why not exper- in other areas, so why not call upon the health care system with a volume of iment at the next basketball game we people of the Netherlands to help New income much less than that of the go to. Ask the managers and those in Orleans protect itself from the sea. United States, we certainly can afford charge of the arena to turn off the But getting back to the most out- to provide health care for every indi- lights for 2 or 3 minutes and have a mo- rageous actions by the White House, vidual. ment of silence to meditate on what it once we have gone through the problem The attitude regarding people on the would feel like if you were in the dark of failing to protect the people of New bottom is what I am talking about. with people you do not know, in large Orleans from the flood, failing to pro- The attitude about the folks left in numbers, for a whole night, say for tect a large portion of the population New Orleans to float and drown in the three or four nights. What would it feel from unnecessary suffering and in some water, that attitude, and I know some like? I think we ought to experiment cases death, senior citizens dying in people are saying we are beating that with that and let Americans across the large numbers in hospitals and nursing to death and let us get off of it, but it country have the lights turned off at homes, we have all heard the litany of is so symbolic. It was visual. You could the next basketball game and just sit personal disasters and family disasters see it. When a set of leaders and a Na- there. Of course, they would know that were suffered as a result of our tion decides that people are expend- there is no flood outside, that nature is failed leadership. able, that they are not worth it any- not running wild, but that you are just The Congress of the United States more, they are not important, you can in the dark. You are in the dark with appropriates. It stands up and shows it lead to that kind of cruel and inhuman strangers for 2 or 3 minutes. Now try to is up to the task. It does not hesitate. neglect. project that on spending two or three It appropriates $60 billion to deal with Too much of that mindset of cruel nights in the dark like that. the problem right away. We are into re- and inhuman neglect permeates the Those people, the fact they did not moving the rubbish, cleaning up the present administration. It manifests lose their minds shows that they were problem of the floods, providing the itself in so many different ways. Not quite strong and deserve to be awarded necessary temporary shelters, and pre- that it is only this administration. medals and not be looked upon as some paring to reconstruct. All of that will There are other parts of the world people have chosen now already to look require money and we are spending the where you have cruel and inhuman upon them; that they are now prob- money. It requires the money to be uti- treatment by leaders also. Pakistan lems; that they are unworthy; that lized to hire contractors. We have hired now has a serious problem with an they should have known how to get out the contractors. The private sector will earthquake. And I am going to try to of the city and out of the flood on their make some profits. That is the way it limit my remarks because I want to go own. is in capitalism. We do not want to see to a meeting with the ambassador from anybody gouging and making unneces- Pakistan to talk about what we can do b 1530 sary profits, but they probably will. to help deal with the suffering that is They are now a burden on the govern- That is a fact of the way the world op- going on there. But one of their big ment because they have nowhere to go. erates. worries in Pakistan, the worries of or- They have been housed in shelters, and In the meantime, work that has to be dinary people, is that their leaders are now we need to find trailers and shelter done, that work should be done by the so corrupt that they will never get the for them. people who need to earn an income re- money that is being donated. It will Our leaders let them down because building the place destroyed because of not be used properly. They will never the flood should never have happened the failure of our leadership. But they

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.069 H20OCPT1 H9034 CONGRESSIONAL RECORD — HOUSE October 20, 2005 get right away a terrible blow from the pend Davis-Bacon. In other words, the The question of illegal immigrants is White House. Right away the White President acted as speedily as possible certainly one that I do not want to be House acts with great speed, and we to cut workers’ wages on all federally recorded as being backwards and not know there was no great speed with re- funded recovery and reconstruction sympathetic on. I favor what was prospect to meeting the rescue needs of projects throughout the gulf coast posed by the AFL–CIO last year. Let us the people of New Orleans; but in the States. The President himself said in look at all of the immigrants who are process of granting contracts and be- New Orleans that rebuilding the city of in the country now who are undocu- ginning the cleanup and the restora- New Orleans alone will constitute the mented and who have been here for a tion, the White House orders that biggest reconstruction project in the while, who pay their taxes and are Davis-Bacon should be suspended. history of the Nation. It will cost many working, and through an amnesty cre- Davis-Bacon is a regulation in exist- billions of dollars. Congress has al- ate a situation where they may begin ence since 1933, which requires when- ready appropriated some $60 billion to- the process of becoming citizens. They ever Federal money is utilized in any wards this end. can then begin the process to become project, that project must pay wages to And in the corrupt tradition ex- citizens. They can join unions or asso- the people who are carrying out that ploited by the Bush administration al- ciations. Or if they want to stand as an task, pay wages which are consistent ready in the Iraq war, the President individual, they know they have rights with the wages of that area. then proceeded to no-bid and cost-plus and cannot be intimidated or cowed by If you are in New Orleans, whatever contracts for billions of dollars, and an employer. They will help to raise they used to pay plumbers in New Orle- they have been granted to a favorite the standards by working for decent ans, pay the plumber that amount. set of contractors, which includes Vice wages, wages consistent with the cost Whatever they pay the electricians, the President CHENEY’s former employer, of living in this country. bricklayers, in the process of cleaning Halliburton, and its branch subsidi- I do not like the exploitation of ille- up and restoring, they should pay the aries such as Kellogg, Brown & Root. gal immigrants. I do not blame the illegal immigrants for being exploited, same wages. Halliburton has not been told to watch Having looked at the amounts, they its spending carefully or restrain its and we can get out of this situation were not high at all compared to aver- profiteering because in a cost-plus con- and allow them the opportunity to age wages across the country. Elec- tract, it is designed to give the con- work without being exploited if we will tricians, bricklayers, plumbers, every- tractor every leeway and maximizes act on amnesty as soon as possible. As we have discussed at length on body in New Orleans is at the lower end opportunities for making extraor- this side of the aisle, certainly with of the scale in terms of prevailing dinary profits. Democrats’ policies, the Federal min- wages. The average wage for most peo- But the Bush administration, hiding imum wage also at present will not ple in construction jobs is higher in the behind a fig leaf, asserts they had to suspend Davis-Bacon, which provides a allow anyone to climb out of poverty. rest of the country than it is in the That $5.15 an hour, assuming that the modicum of protection for workers on southern part of the country and in contractors will at least pay that and these Federal projects. They said they New Orleans. that they will not go below the na- So why the President rushed to re- had to suspend it because it requires tional minimum wage, that Federal move Davis-Bacon cannot be explained paperwork and that will cost the con- wage will not allow anyone to climb rationally because they already had a tractor money and waste time. But the out of poverty. situation where wages were very low. people on the bottom, the people clean- A person working full time year- But once you remove the requirement ing up the rubbish and the hard car- round at the rate of $5.15 an hour will of Davis-Bacon, then contractors can riers and the bricklayers and those merely earn $10,400 a year. If that is a pay less than prevailing wages. If the folks, their income and protection for parent with two children, he or she will wages are low already, where are you them, the provision of decent wages for earn $4,500 below the poverty line des- going to find people who will work for them was of no concern. ignated for a family of four. This sus- less than they do in the average situa- Now the prevailing wages in the Hur- pension of Davis-Bacon protections, es- tion across the country. ricane Katrina-affected regions are pecially for those who have lost every- You find them among illegal immi- lower than ever before. They were thing in the wake of Katrina, is an grants; you find them among people never that high by national standards. utter disgrace. who must have a job and cannot com- Under Davis-Bacon, a pipe layer in Mis- The White House is not through with plain if the working and safety condi- sissippi would earn $7.45 an hour. I can- the people on the bottom. They are not tions are bad. You find them among not imagine, given what a pipe layer through with working families. They people who are frightened, can be earns in New York City, how you could decided to go further; and through the pushed around, not paid when they are find anybody to do that job for $7.45. A Department of Labor, they also sus- supposed to be paid, and jilted out of pipe layer in Alabama would earn $8.21 pended the affirmative action guide- part of their paycheck. People who will an hour. A pipe layer in Louisiana lines. The affirmative action require- never have any vacation leave or fringe would earn $9.84. All of those are very ments are quite simple. They do not benefits, any health care. That is what low wages for those jobs if you know have much enforcement mechanism in the contractors will find once Davis- anything about plumbing and the high terms of making employers or contrac- Bacon is removed, you do not have to cost of it across the Nation. tors hire a diverse group of workers. pay prevailing wages; you can go under Such wage rates are hardly earth- They do require that they report what that scale and get the cheapest people shattering by anyone’s standards; but efforts they make toward diversity. and make the biggest possible profit off under the Bush plan, skilled workers, There are a few pieces of papers that the misery of people who suffered in many of whom lost their homes and all say in the process of hiring people, you this natural disaster. their belongings in Hurricane Katrina, should take certain steps. But even President Bush and key cabinet will only be paid the Federal minimum that, the Bush administration decided members were all excruciatingly slow wage of $5.15 an hour. We hope that that should be thrown overboard. And in responding to Hurricane Katrina and they will be paid the Federal minimum as I mentioned earlier, in the process of its devastating effects. The televised wage, because as I said before, the only doing that, large numbers of people images of thousands of African Ameri- workers that you are going to get to who lived in New Orleans, 60 percent of cans marooned without food or water work for such low salaries are usually whom were African American, were de- in the New Orleans Convention Center illegal immigrants, people who cannot nied priority in seeking the jobs that and Superdome shocked the world, yet fight back, who cannot report you would allow them to return and start the President was slow to return to when you fail to live up to the require- rebuilding their lives since they, as mi- Washington, D.C. and was slow to re- ments of the wage and hour act, and norities, would have had to have some spond to take charge in response to the who are at your mercy. That is the pat- consideration made by the contractors; disaster. tern where we are finding large num- they would have a greater possibility The one fast action taken by Presi- bers of illegal immigrants are being of getting a job if they returned to New dent Bush was when he moved to sus- used. Orleans and tried to work there.

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.071 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9035 b 1545 happen, that Disney will come in and cally since the beginning of the Bush The message that was sent by that try to take over. administration. According to Families affirmative action suspension was do Well, Disney did not come in and try USA, workers’ costs for health insur- not come home. Go somewhere else and to take over. The Mayor of New Orle- ance have risen by 36 percent since the look for a job because you do not even ans announced that we have got to year 2000, far surpassing the miniscule have the protection of the simple weak move our casinos off the river and 12.4 percent increase in earnings since affirmative action laws of the Federal move them inland. Where are they the President took office. In 2005 it is Government that we had before. It was going to put the casinos? I guess they unbelievable that over 50 percent of in- a message that sets up a situation were going put them in the same places sured Americans spent more than 10 which I hope is not true. Many of us, a where the poor people lived before. It percent of their income on health care. lot of people, fear that we may have would not be Disney, but it would be Over 10 million insured Americans what was called in the 1960s Negro re- ‘‘casinoland.’’ spent more than 25 percent of their in- moval on a massive scale and that New So it is not exaggerating to talk come on health care. And embarrass- Orleans will never be the same. The about massive Negro removal, black ingly, over 6 million Americans spent black population, the African Amer- removal, African American removal, more than 33 percent of their income ican population, will never be allowed massive removal of a population that on health care. to return to New Orleans. They are was considered undesirable in order to According to the World Health Orga- spread throughout the whole Nation give the marketplace the opportunity nization, the United States ranks 37th now in shelters. Most soon will be out to really make tremendous profits. in the world in overall health care of shelters, but they will not be in one One can imagine how the ancient quality. Thirty-seventh. This adminis- place anywhere. There are 2,500 in New Israelites felt when the Romans de- tration and this Congress must pay at- York City. I think another 2,500 are cided to do one of the most brutal and tention to the health of our Nation in coming in to be put up in hotels and cruel things ever done. That is, they order to improve on the wealth of our various places. There are some in Utah, took the whole nation and moved them Nation. And when we talk about home- some in Idaho, lots in Texas. All over out, spread them out over the world, land security, we are not talking about they are spread. They have been re- and there were 12 tribes. They broke it the land alone. We are talking about moved. up into 12 tribes and moved them off the people who live in this land. Rising During the 1960s, there were accusa- their homeland, massive removal. We health care costs are forcing American tions that the big developers, the peo- have something similar to that taking businesses to lose their competitive ple who wanted to make a lot of money place in New Orleans. A whole mass of edge and to consider relocating over- in the middle of the cities would come people is now in a situation spread out seas. It is time for Congress to pass in with plans to redevelop the city, and over the entire United States and not universal health care legislation now. the oldest parts of the city, although ever likely to be back in their home American humanitarian outreach they were centrally located, would be unless we have different policies by a dictates that we consider health care the poorest parts in terms of buildings, different kind of leadership. programs around the world. According so they would have tenants in them I want to yield to the gentlewoman to the Institute of Medicine, 18,000 who were very poor tenants. In many from California (Ms. WATSON) for her Americans die each year because of cases in many cities, these people were comments. being uninsured. America is the only people who were minorities, and the I want to point out, while she is tak- country among developed nations that process of removing them made great ing the mike, that we had a massive still does not have universal health profits for the developers. If they got earthquake in California during the care. them out, the new buildings that they Clinton administration. Nine billion In a related matter, minority groups built would not be for them. It would dollars was appropriated by the Fed- often encounter major obstacles in ob- be for people with high incomes who eral Government to rebuild the bridges taining health care. Minority groups could afford the kind of higher priced and the highways that were destroyed are less likely to have health insurance housing that was being built. by that earthquake. The President did and are less likely to receive appro- Here we have a situation where an not suspend Davis-Bacon. He did not priate health care services. In the year act of nature is the beginning of the suspend affirmative action, and the 2004, the uninsured rate was 19.7 per- process. I said the flood in New Orleans contractors completed that job 3 cent for African Americans, 32.7 per- was not caused by nature, by the hurri- months ahead of time. We do not need cent for Hispanics, and 11.3 percent for cane. It was caused by poor leadership to do those cruel things that have been non-Hispanic whites. which had not maintained the levees done by this administration in order to The ‘‘Healthcare Equality and Ac- and the dikes and the pumping sta- guarantee that we are going to have countability Act of 2005’’ would go far tions, and that is the problem there. the most effective production. in lifting the shadow of health dispari- But, anyway, by that act we have had I yield to the gentlewoman from ties that fall not only on minority massive removal of people and now California (Ms. WATSON). communities but on all Americans. with the policies of this administration Ms. WATSON. Mr. Speaker, I thank H.R. 3561, sponsored by the gentleman suspending Davis-Bacon, suspending af- the gentleman from New York (Mr. from California (Mr. HONDA), would firmative action, making it clear that OWENS) for yielding to me. make quality health care more afford- people are not welcome back, we will Mr. Speaker, I would like to address able, providing coverage for parents have permanent removal of a whole the health care crisis in America that and young adults who are currently un- population. relates to the presentation that the insured. Unprecedented in the history of the gentleman from New York (Mr. OWENS) Mr. Speaker, I urge my colleagues on Nation. Of about 400,000 people, at least is giving now. both sides of the aisle to act in a re- 200,000 of those people lived in the sec- The United States Census Bureau responsible way, to look seriously at tion that was heavily flooded. They ports that in 2004, 45.8 million people health care reform, and we must, for will be there no more. It will change were without health insurance cov- our own prosperity, insure all Ameri- the politics of New Orleans. It will erage and several estimates double cans and ensure quality health care for change the culture of New Orleans. that amount to include the under- all of us. Some people say, well, Disney can insured. Moreover, the percentage of Mr. OWENS. Mr. Speaker, reclaiming move in and they do not want to re- people covered by employer-based in- my time, I thank the gentlewoman build houses in the places that were surance declined to 59.8 percent of the from California for her comments. flooded before because there may be workforce. Shamefully, there are over 8 The broad, overarching message another flood, but if they built an million uninsured children in this today is the betrayal. We are pro- amusement park and they built it high country who do not even have the op- testing the betrayal of working fami- up off the ground, it would not matter portunity for employer-based coverage. lies and poor people on the bottom by if it was flooded or not. And some folks On the other hand, health insurance our leadership, and the health care cri- said that is probably what is going to premiums have increased astronomi- sis that was cited by the gentleman

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.073 H20OCPT1 H9036 CONGRESSIONAL RECORD — HOUSE October 20, 2005 from Michigan (Mr. CONYERS) and the aware of what the consequences can be President was that it had been sus- gentlewoman from California (Ms. when we have this huge rich nation pended before by other Presidents. WATSON) is part of that whole process. with all of these possibilities and all President Roosevelt once suspended, I I want to thank the gentleman from the material and personnel available think it was for about 30 days that Michigan (Mr. CONYERS) for sharing but we have no leadership at the top President Roosevelt suspended it on this Special Order that he had reserved that can do the job. Our leadership let the conditions which are very different. for a discussion of health care with me us down. We are requesting that the President in making the broader case that work- The gentlewoman from California, I transmit to the House this informa- ing families, people on the bottom, are said before she spoke, is from a State tion. And of course we had a lengthy being betrayed. which suffered a huge earthquake a lit- discussion in the committee, and then At this very moment, as I said be- tle more than 10 years ago, in 1994. The the majority Republicans took a vote fore, there is a meeting of the Paki- Northridge earthquake in Los Angeles that they would report it to the House stani Caucus of the House of Rep- caused a tremendous amount of dam- only with a recommendation that the resentatives to discuss the disaster in age. Congress appropriated money, and House consider it unfavorably, and Pakistan, the earthquake there which as I said before, there are some lessons they voted to do that. So the report killed more than 40,000 people already to be learned from what happened in comes to the House with a rec- and millions have been left homeless, that disaster. ommendation that the majority, the and they are homeless in the moun- Republican majority, the President’s b 1600 tainous region where the snow and the party considers the request that he ice is now beginning; so millions will I am talking about a government in provide information to Congress about die as a result of not having the equip- power, a regime in power, a White why he suspended Davis-Bacon, they ment and the materials that they need House leadership that seems to per- consider that report, that request to be as fast as possible. secute those at the bottom at a time a nuisance request. One of the big fears there is that like this. Or, as this particular paper It is most unfortunate that we can- their leadership has let them down and which is called: Lessons for Post not have information, simple informa- they are not prepared for this. Another Katrina Reconstruction, A high-road tion provided to the Members of Con- big problem, of course, is the rest of versus a low-road recovery, this paper gress. After all, we are all elected the world, nations like the United talks about what happened in Cali- under the same conditions and we come States of America, should rally to their fornia at the time of the Northridge here. We want to do a job for our con- defense and provide faster and more earthquake. It is written by Peter Phil- stituency. Why can we not at least aid. ips and was published by the Economic have information? But disasters, natural disasters, are Policy Institute. We gather information from other not quite as frequent in most years as Foremost among those lessons is sources. Immigrant workers exploited they are this year. We have another that competitive bidding and enforce- in the gulf coast are talking to news- hurricane on the Florida coast right ment of labor standards such as the papers. I have a report here which says now. They seem to have gotten sud- Davis-Bacon prevailing wage law can that Gulfport, Mississippi you had a re- denly stronger, the hurricanes and help ensure that work is done expedi- port from several immigrant workers storms, earthquakes, tsunamis. This tiously, safely, cost effectively, and that, first, of all, you have 32 immi- has been a very disastrous year. As I with maximum benefit to the local grants housed in three mobile homes said previously on this floor, these dis- population. That is one of the lessons and they were being paid $8 an hour to asters are not so great that we do not that this study points out that we tear sheet rock for 10 hours a day. They have the capacity to deal with them as learned at the time of that huge earth- were among hundreds of illegal immi- the world. Certainly this Nation could quake in California. grants who entered the United States do so much more to help. If they really President Bill Clinton refused to sus- care about the people who are suf- hoping to find work in the aftermath of pend the Davis-Bacon Act in 1994, yet fering, if our leadership really cared, the hurricane. One of the big com- the Los Angeles highways were rebuilt these disasters can be handled rapidly plaints that they have is that they at lightning speed. In particular, the with minimum loss of life. We have $500 were promised $8 an hour, but they billion we spend on our military appa- Santa Monica Freeway was rebuilt in were not paid. They were not paid on ratus. That is without adding the extra only 66 days, less than half the time time. And they were not paid in some money to fight the war in Iraq. A mili- that had been stipulated by the State cases at all, and other conditions in tary of that size should be capable of of California. terms of they were told that they dealing with disasters of any kind as The need to rebuild quickly is no ex- would get food and shelter but the food well as fighting wars. The same is true cuse for suspending the Davis-Bacon is quite sparse and, as I said before, of the army in Pakistan. Act or affirmative action requirements shelter means they are putting 32 im- One of the things that some Paki- as President Bush has done. The les- migrants in three mobile homes in one stani citizens were complaining about sons we have already learned are not case. And on and on it goes with re- was that army people arrived and were being applied by this White House respect to the kinds of conditions that standing around doing nothing and, gime, because this White House regime contractors are taking advantage of in when they were questioned about why governs for a few and cares very little the gulf coast reconstruction. do they not help more, they said, We about those on the very bottom. The Many of the same contractors in the are waiting for our orders. They need few at the top are the preoccupation of gulf coast reconstruction are also the specific orders how to help out in a dis- the present administration, and that American contractors who operate in aster. They have been trained to aim, leads to great cruel and inhuman treat- Iraq. In Iraq, they found that they ready, fire, shoot and kill. Why can all ment to the people at the bottom. could make high profits on the no-bid the armies in the world not be trained We had a resolution that we proposed contracts, billions of dollars have been to take care of these natural disasters in the House Education and Workforce spent that we cannot even tell where it as well as to provide defense for na- Committee this morning. It was a reso- went. There is a $9 billion question tions? Why can we not have leadership lution requesting that the President around money that was appropriated to which ahead of time assumes that it is transmit to the House of Representa- reconstruct, and nobody is even asking going to be our responsibility? It is the tives information in his possession re- questions in this administration about duty of a government, the duty of lead- lating to contracts for services or con- where the money went. We know it is ership, to take care of people in times struction relating to Hurricane missing, but nobody wants to deal with of natural disasters. And our govern- Katrina recovery that relate to wages a hearing or an investigation to tell us ment apparatus in its entirety, includ- and benefits to be paid to workers. We exactly where that money went. So ing the military, should be available to want the President to explain why he they certainly have made a lot of do that. suspended Davis-Bacon. One of the ex- money in Iraq, but even with the tre- Certainly, that did not happen in planations that was given by people in mendous profits they were making the New Orleans, and we are very much the committee who supported the security question is such that they

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.074 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9037 made less than they perhaps wanted to, study done by the Center for Economic proud of the fact that my heritage is less than they agreed, told them they and Policy Research. That is the level. from Scotland and from Germany. But should be making. So the same con- $16 an hour is the level you need in in this country we have now taken the tractors have come back, and in the do- order to have a decent wage, and you policy of discriminating against people mestic situation of the gulf coast, of must have that accompanied by a who want to come here legally to the course, they do not have to pay for se- health insurance benefits program and benefit of lawless illegals. I will give curity. They do not have to worry a pension if you want to be called a you an example. about contractors being shot, bombs person of sharing in the American In my southeast district in Texas I blowing up. So now they are poised to economy as would be appropriate. represent numerous individuals who make all the money they could not So I close with my opening state- have come to the United States legally, make in Iraq in the gulf coast area by ment: We need leadership at the top, in obtained citizenship, and I recently taking the contracts, hiring illegal im- the White House, in this Congress that talked to an individual who was from migrants at the lowest possible rates, cares about working families, leader- the nation of Mexico and became a cit- and making off with the taxpayers’ ship that cares about the people at the izen of the United States, and he has money. bottom. Disasters come as a result of a been trying to bring the rest of his One of the side products of this proc- plan by God that none of us may under- family to the United States legally. He ess is that experience has shown and stand, and we should not trying to has a son that he has been trying to several studies have shown that when spend time trying to figure out what bring to this country legally for the you do not use Davis-Bacon you get God is doing. What we should do is do last 15 years, Mr. Speaker. And yet be- workers who are less skilled, you get what man does best, and that is have cause of bureaucracy, red tape, and in- workers who care less about what they the most competent and most caring competence, that has not been granted. are doing, and you get an inferior prod- and compassionate people that we can He wants to do the things the right uct. Buildings have collapsed that have in the leadership to take care of the way, the legal way, and he has discour- been built by workers who were not needs of the people who are suffering aged his son from just merely crossing workers who were Davis-Bacon workers on the bottom. the border illegally like 5,000 people a because they were not the usual work- f day do on the southern Texas border, ers that did that kind of construction come into the United States illegally in that locale. Buildings have collapsed IMMIGRATION by walking across our border. and all kinds of projects have suffered The SPEAKER pro tempore (Mr. We have developed a policy that is no as a result of shoddy work done by peo- BOUSTANY). Under the Speaker’s an- policy. We expect our border agents to ple who were being exploited by the nounced policy of January 4, 2005, the patrol the vast thousands of miles from contractors. Chair recognizes the gentleman from Texas to California. And when they ac- We would like to see not only Davis- Texas (Mr. POE) for 60 minutes. tually capture someone coming into Bacon, the President should restore Mr. POE. Mr. Speaker, as a former the United States, here is what hap- Davis-Bacon requirements so that we judge and prosecutor in Texas, I spent pens, Mr. Speaker: They are arrested, have prevailing wages throughout the most of my life enforcing the law. I they are taken to a Federal mag- gulf coast region. We would also like to know firsthand the cost of having laws istrate, they are told that they are see that the President say that: Look, on the books that are not enforced. To going to have a deportation hearing even when you have Davis-Bacon, you make law, whether it is on the State eventually. But the detention facilities have low wages which are very difficult level or the Federal level, and then are so crowded that over 90 percent of for people to live on, and beyond that wink and ignore those who break the them are released on their word to you have a minimum wage which is the law is to live a lie. A government that show up for their deportation hearing 6 Federal Government’s minimum wage tolerates law breaking surrenders its months away. which is also almost impossible for integrity, it surrenders its credibility, This defies common sense, the idea of people to live on. and it surrenders its self-respect. And this catch and release policy. Capture So along with restoring Davis-Bacon, right now, Mr. Speaker, America’s im- the people illegally coming into the along with restoring affirmative action migration laws are not working. They United States, take them to court, and regulations, we would like to see the are not even enforced. tell them: If you promise to come back President allow us and encourage his We must secure the borders and re- for your deportation hearing, we will party to let us bring to the floor of the duce the number of people residing in have a hearing in 6 months to deter- House the proposal that we have to in- the Nation illegally. And, of course, mine whether you get to stay or you crease the minimum wage. We want to amnesty is not the answer to this. must leave. Are we not surprised that increase the minimum wage as a way Those people here illegally have vio- most of them do not come back for of demonstrating to the people who are lated the law, and giving them am- their hearings? This defies common on the bottom, to the working families nesty is rewarding them for breaking sense, it wastes time, and it does not of America that they have a leadership the law. As a judge for 22 years, I never work to solve any problem with our that cares about them. This leadership once gave a person amnesty because immigration, or, shall I say, our lack does not hesitate to demand that the they got away with breaking the law of immigration policy. sons and daughters of working families for a long time. Those who have broken And just so it is clear, Mr. Speaker, leave their last full measure of devo- our laws must find themselves penal- we now know that over 50 percent of tion on the battlefields in Afghanistan, ized, not rewarded, for the disregard for the people illegally coming into the in Iraq, or wherever else they may be the rule of law. United States from the southern bor- needed. Mr. Speaker, we have anywhere be- ders are not from Mexico. They are Next, we demand that they do that, tween 11 and 14 million people here in from all over the world. They are from and they are doing that, and yet we do the United States that are here ille- China, they are from South America, not want to give them a piece of our gally, and we cannot reward them for they are from Europe, but they are not prosperity in our economy, not even breaking the law. Many of them are from Mexico. And the reason? Every $5.15 an hour worth. here because several years ago this country in the world knows the United Despite huge improvements in the country adopted a plan, a plan that has States has open borders, that we do not average educational level of our work- not worked, and that is the plan of am- protect our dignity, we do not protect force, most American workers today nesty: Tell those people that are here our sovereignty. So people are coming still do not have jobs that pay decent it is okay, you can stay. And now we into the United States illegally, over wages and provide health care as we have encouraged people from all over half of which are from other countries were talking about before and a pen- the world to come to the United States other than Mexico. sion. Only 25.2 percent of American illegally. I will give you an example. Recently workers have a job that pays at least Mr. Speaker, I want to make it clear we had an individual arrested by the $16 per hour and provides health insur- that I am a supporter of immigration, name of Samir Abdoun from Algeria. ance and a pension, according to a new a supporter of legal immigration. I am He was caught entering California from

VerDate Aug 31 2005 01:09 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.076 H20OCPT1 H9038 CONGRESSIONAL RECORD — HOUSE October 20, 2005 Mexico with a French passport. He was the United States; and where is the ties of Hispanic individuals. They are released with that summons to appear best place to cross into the United learning Spanish, they sneak into the in court for his deportation hearing, States. Mr. Speaker, the country of United States as the downtrodden, ille- and of course he never showed up for Mexico is exporting its problem and gal immigrants, and they set up cells, that hearing. He, like many thousands making it our problem, and this is networking cells to eventually do us of other people in the same situation, something that ought not to be. harm. Because, you see, terrorists un- assimilated into the United States. Of course, there are other ways to derstand, like everybody else in the defy the law, the rule of law. Before a world, that we have open borders, that b 1615 person illegally comes into the United you can sneak into the United States Three years later, he was arrested on States, before they cross the border, and, once you are here, you can assimi- September 22, 2001, when it was learned there are flea markets, places where an late into the entire population. that he had met for coffee several individual can obtain illegal, forged So it is a cost factor for Americans, times with two of the hijackers that American Social Security cards, obtain illegal immigration. It is also an ille- took part in the attacks on our coun- other forged documents such as green gal issue. But, more importantly, Mr. try on September 11. Finally, Somar cards to come into the United States, Speaker, it is an issue regarding home- was deported last year. and assimilate among the rest of us. land security. The next terrorist that This catch-and-release policy, where We have to remember, by the way, does us harm is probably not going to we spend the time to catch those few Mr. Speaker, that Social Security fly into the United States, land over people that come across illegally and cards are not identification. They serve here at Reagan National Airport, and release them on their word to come the purpose of retirement. They do not come do us harm. They are probably back to court, simply does not work. serve the purpose of identification, but going to just walk across the border, We obviously need detention facilities yet that is what it is used for. either the Canadian-American border, for these people. We obviously need The problem continues on the south- or the Mexican-American border. We quicker hearings. It should not take 6 ern Texas border, the other borders know that most of the 9/11 hijackers months to have a deportation hearing. that border Mexico, where individuals that did us harm, that is exactly what They should happen within that week. come across to receive health care, not they did. They came across the Cana- Then, Mr. Speaker, we have other at their expense, but we pay for it. One dian border and assimilated into the policies that defy common sense in our way is many individuals come across United States. immigration lack of policy. One of the border, the individual is pregnant, Mr. Speaker, as the battle for Iraq those is the sanctuary policy where goes to one of our emergency hospitals, races on, the battle for Laredo has many cities in the United States have our emergency care is tremendous, and begun. I say that because Laredo, taken the position that they will not then grants that individual of course Texas, the largest inland port in the arrest people in their city that are permission to come in. A baby is born, United States, is across the Rio Grande there illegally. They will not help the that baby becomes a United States cit- River from Nuevo Laredo, a city of Federal Government arrest those indi- izen, and then the whole family then 400,000 individuals in Mexico. This viduals. Let me give my colleagues an becomes the problem of the United weekend I plan on going down to the example. States. Individuals come here to re- border of Texas, Laredo, Zapata Coun- Many police agencies cannot inquire ceive that free health care because we ty, I will be there with a Texas Ranger as to the status, the legal status of an do not turn anybody away. So maybe and some of the local sheriffs and even- individual that they arrest. One of the United States needs to start send- tually with the border agents to view those cities unfortunately is the City ing a bill back to those countries and that situation. of Houston. In the City of Houston, if a expecting them to pay for the health We know what is taking place in the police officer arrests somebody for let care that we pay for that they refuse to battle for Laredo and Nuevo Laredo. us say jaywalking, that individual can pay for in their own country. We know this year that 135 people were be fined for jaywalking, but the police We have heard a lot, Mr. Speaker, murdered, 44 Americans were kid- officer cannot inquire as to the legal today on this floor on both sides talk- napped in Nuevo Laredo; 7 policemen status of that individual and turn them ing about two important issues that were murdered. The police chief, the over to the Federal authorities if they are expensive to Americans. One of new police chief that was recently are here illegally in the United States. those is health care. Oh, we heard on made police chief, lasted about 6 hours Why do we enforce the jaywalking and on and on today about the costs of after he was sworn in, and then he was laws, why do we enforce the traffic health care, what we are going to do gunned down with 35 bullets shot into laws around the Capitol with all of the about it. But one thing we do not want his body. Nuevo Laredo has become a cameras and the red lights, why do we to talk about, Mr. Speaker, is part of haven for drug traffickers, a haven for enforce those laws, but yet we do not the reason health care costs are going gun-running, and a haven for human enforce the basic rule of law protecting up in this country for Americans is be- trafficking into the United States. Be- the dignity of the United States? And cause we have people that are receiving cause this is an example of where fail- we do not deport those individuals that health care at the expense of the rest ure to protect the integrity of our bor- police officers know are here illegally of us. And those are people who are in ders encourages illegal conduct. That because they cannot even turn them the United States illegally that go and illegal conduct includes those people over to the Federal authorities. receive at our hospitals that free that wish to make money off the weak- Mr. Speaker, there are ways to beat health care; free to them, expensive to nesses of other individuals, and I am the United States and the United us. We now know that approximately talking about those drug dealers. They States system. What I mean by that is $2,700 a year each American has to are bringing that cocaine, that mari- a policy apparently perpetrated on this spend for the health care of people who juana into the United States from our country by the country of Mexico. I are illegally in the United States. I will southern borders. It disseminates have here a pamphlet that is published repeat that again. It costs each Amer- throughout the United States. We by the government of Mexico that ex- ican taxpayer about $2,700 a year of know that it is a location for gun-run- plains to people who want to come to their money to pay for the health care ning, people who wish to bring firearms the United States from Mexico ille- of somebody else that is illegally in the illegally into the United States. And gally how to come to the United United States. Those Americans, as we we also know that that is where those States. Part of this I have blown up on heard tonight from that side and this coyotes, those individuals for money this chart. It explains, this pamphlet side, may not even have health care charge other individuals from other na- explains to Mexican nationals where to benefits. This ought not to be. tions to come into the United States il- cross into Texas so they are not Mr. Speaker, we also now know that legally. caught, what to do if they are con- on the southern border of Texas, that Mr. Speaker, many times we hear fronted by a border agent, how to deal there are reports that individuals who from people who think they know with coyotes, those are the people for wish to do us harm, we call those peo- about the problem of illegal immigra- money that illegally bring people into ple terrorists, are assuming the identi- tion. Some of those people are, for lack

VerDate Aug 31 2005 01:11 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.077 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9039 of a better phrase, those northeastern tions that I mentioned. So it is time care. Some say that health care costs elites who think they have the answers for us to require a passport. A passport in the United States, 20 percent of to all the problems. I would like to in- does not discriminate. It is the same health care costs are because people vite those people who spend their time document used for every individual. I are in the system, illegally in the out on their yachts near Cape Cod to have talked to numerous individuals United States. come down to Texas with me this who are concerned about border secu- Now, let us go to the second topic weekend and go to Laredo and see the rity, and they tell me, let us go to most talked about on this House floor problem, the real problem of what ille- passports. Passports do not discrimi- regarding costs, and that is education. gal immigration does to our country. nate. It has a bar code that is in a pass- Almost every day on this House floor The border security is an issue that port, and it is a universal form of entry we hear the talk about, oh, the expense affects all Americans. I have discussed into any country. It even could be used of education in the United States. And with many of the property owners that by our businesses who have to now be- it is expensive. It is expensive when live along our Texas border how illegal come policemen to determine whether your kids are in public school all the immigration affects it. One rancher in or not the person coming into their way through high school. Zapata County told me that it was like business that wants a job is here le- And you want to talk about expen- Sherman’s march to the sea, that gally, and they check the Social Secu- sive, wait until they try to go to col- Union general who invaded the South rity card, they try to check their birth lege and see how expensive it is. I have and burned everything in his path. He certificates, all the documents they four kids in college, and one of them is said, that is what it is like. They are have; they do not have to check any of still in college. It is expensive, edu- coming onto my land, destroying all that any more. All they have to have is cation is in the United States. But all of the talk that we hear the land, all the property, stealing ev- a passport. If they enter the United about the cost of education, no one erything they can get their hands on, States legally, they will have that wants to talk about the fact that there because this is the path into the United passport when they go and seek em- are people in the system getting an States. ployment as a person trying to legally education and Americans are paying Property rights are something that come into the United States. A pass- for it, once again the people who are il- maybe we ought to talk more about, port is the gold standard for entry into legally in the United States. how our Federal Government has the all countries, and it is time that we re- responsibility to protect the dignity of Some experts say it is up to 22 per- quire passports. cent of education costs re because peo- property rights of all Americans. Re- Mr. Speaker, the 9/11 Commission, in ple are in the system that are bene- cently, we had an individual by the its extensive report, stated that pass- fiting from it, but not paying for it. name of Luis Posada Carriles, he was a ports are necessary for entry into the You know, we have a policy in this Cuban anti-Castro militant who was United States. But here we are, we still country. If you are here, however you taken into custody in my home State do not have passport requirements. got here, legally or illegally, you are of Texas for immigrant violations. He Why is that? It is because of bureauc- going to get an education at the ex- is wanted in Venezuela for allegedly racy at the Federal level that does not pense of the rest of us. And not only blowing up a Cuban plane and killing 70 implement the 9/11 Commission’s re- that, you are going to be educated in people on that airplane. This alleged port. So that is why I have filed this your own language. terrorist told American authorities he bill, to require a person to show a pass- Now, think about that. If we went to easily crossed the U.S.-Mexican border port when coming into the United a foreign country like France illegally, in the car of a smuggler, hopped the States. sneaked into the country, would we bus to Miami, and even evaded arrest In some cases, Mr. Speaker, people have the nerve to go to one of their by U.S. immigration agents by claim- who wish to come into the United public schools and demand to be edu- ing he was a forgetful old man and lost States, for example, from Canada, do cated not only for free, but in our own his identification. This is typical, this not even have to show documentation. language? Of course not. That is ab- is scary. It is also proof, Mr. Speaker, All they have to do is profess that they surd. how easily it is for a terrorist with are a citizen of that nation. The same But yet we do this in our country be- plans to harm others can get into the is true of Americans who wish to reen- cause it is the policy of this country. United States. This is a serious matter ter the United States. For example, Regardless of whether it should be or of homeland security, and it must be one of my staff members recently went should not be, it is costing Americans; fixed. to Mexico over the August recess, and and Americans have to pay for this ex- Our borders are out of control, and when she entered Mexico, she was pensive education for those who are in securing our borders is the first step in waved through. She was not even asked the system and do not contribute to it. any serious immigration reform policy. for identification. Let me give you some examples of So what are we going to do? Well, just that that go to higher education. Let b 1630 today, I have introduced a bill called us say a person from Texas wants to go the Passport Security bill. It is a sim- But more importantly, when she re- to Kansas to school. Well, Kansas ple bill that requires all persons enter- entered the United States, the border charges that Texas student out-of-state ing the United States that try to come agent simply looked into the vehicle tuition. Why? Because they are not here legally to have a passport. which had several passengers and from Kansas. Well, that is all right. Mr. Speaker, if you come to the asked, Well, are all of you all American Most States have that law. United States and you are from Canada citizens? Let us say a person from a foreign or from Mexico or from one of the Car- Someone replied yes and they were country legally comes to the United ibbean islands, you do not have to have passed into the United States without States, legally wants to go to Kansas a passport to get in. You can use any any search, without any identification. and get an education. And they are ad- type of document that is acceptable; So our borders at border crossings mitted on an education visa. They go everything from a birth certificate to a must be protected, and the border be- to Kansas. They pay out-of-state tui- baptismal certificate. Some of our bor- tween border crossings must be pro- tion because they are not from Kansas. der agents have to be so versed in up to tected. It is a homeland security issue. Makes sense. 500 documents from foreign countries Some people have discussed the issue But take the third example of a per- before they can let a person come into of having a fence to protect the south- son illegally in the United States in the United States. It makes it very ern border. That is at least worthy of Kansas. They get admitted, first of all, easy to forge those documents, to come debate on this House floor. If we are to one of their universities and they in here illegally when you are trying going to get serious about protecting pay in-state tuition. That ought not to and pretending to come in here in a our borders, we should at least discuss be. We discriminate against American legal manner. the issue. students. We discriminate against peo- So all nations in the world basically Earlier I mentioned one of the costs ple legally coming into the United require passports to enter their coun- that is imposed upon Americans for il- States to get an education, to the ben- try. We do not do so, with the excep- legal immigration, and that is health efit of people who are illegally here;

VerDate Aug 31 2005 01:11 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.079 H20OCPT1 H9040 CONGRESSIONAL RECORD — HOUSE October 20, 2005 and in some States people illegally in tell people who come here illegally, Ms. HERSETH, for 5 minutes, today. the state that go to colleges get admit- that is okay. That is the wrong thing Mr. CUMMINGS, for 5 minutes, today. ted into colleges, receive State grants. to do. Mr. MARKEY, for 5 minutes, today. Maybe those grants ought to go to Mr. Speaker, it is a national security Mr. MCDERMOTT, for 5 minutes, American citizens. issue. We know that there are terror- today. And now with the competition of ists among us. We know they wish to Ms. NORTON, for 5 minutes, today. higher education so stiff, in some cases do us harm. Why do we encourage that Ms. WATSON, for 5 minutes, today. Americans are denied entry into a uni- conduct by having no national policy (The following Member (at the re- versity to the benefit of someone who that enforces the rule of law on our quest of Mr. GARRETT of New Jersey) to is admitted because they are illegally borders? Everybody wants to come to revise and extend his remarks and in- in the United States. Once again, this the United States. I do not blame them clude extraneous material:) defies common sense. So the two exam- for that. Mr. GARRETT of New Jersey, for 5 ples, health care costs, education costs. I mean, everybody wants to come minutes, today. Part of the reason is because there are here, but everybody cannot come to f people here who have benefited from it the United States. Everybody cannot and not contributed to it. live in the United States. So what are SENATE BILLS REFERRED And the third example that I would we going to do about that? Well, let us Bills of the Senate of the following like to use is the cost of the criminal have a policy. Let us have a plan. Let titles were taken from the Speaker’s justice system. I was a judge for 22 us have a plan that works. Let us have table and, under the rule, referred as years in Houston, Texas. Heard about a plan that encourages people to come follows: 25,000 felony cases, that is serious here legally so it does not take 15 years crime, everything from stealing to kill- to come into the United States legally S. 1736. An act to provide for the participation of employees in the judicial branch in ing. as in the example I mentioned to you. And let us have also a plan that en- the Federal leave transfer program for disas- About 20 percent of the people that I ters and emergencies; to the Committee on saw were in the United States illegally forces the rule of law and does not en- Government Reform. now. Think about that. First of all, courage illegal conduct, but tells peo- S. 1894. An act to amend part E of title IV they are here illegally. They commit ple if you want to come to the United of the Social Security Act to provide for the another crime. When convicted, they States, do it the right way, do it the making of foster care maintenance payments are sent off to one of our State peniten- legal way or stay home. to private for-profit agencies; to the Com- tiaries. Of course, Americans pay for You know, we all took oaths as pub- mittee on Ways and Means. that system. Americans pay for the lic officials to uphold the Constitution, f criminal justice system. We pay for to protect this country from all en- their incarceration. Then when the per- emies, foreign and domestic. And I BILLS PRESENTED TO THE son serves their time for whatever, rob- think part of our obligation is to en- PRESIDENT bery or murder, you would think that force the rule of law and the sov- Jeff Trandahl, Clerk of the House re- the law in this country would say that ereignty of the United States. ports that on October 20, 2005, he pre- person illegally in the United States We call this place the land of the free sented to the President of the United that commits a felony and goes to the and the home of the brave, and right- States, for his approval, the following penitentiary, we would deport them fully so. This very day, we have some bills. of our bravest Americans halfway back where they came from. H.R. 3765. A bill to extend through March But that is not what we do. We bring across the world protecting another 31, 2006, the authority of the Secretary of the them right back to the county in which country called Iraq. It is important Army to accept and expend funds contrib- they were convicted, and we release that we in this country care more uted by non-Federal public entities and to them. Why do we do that? Because about Americans than we do about peo- expedite the processing of permits. there is no cooperation by law with the ple who are illegally from foreign coun- H.R. 3971. Medicare Cost Sharing and Wel- State authorities and Federal authori- tries who come into the United States. fare Extension Act of 2005. ties on people illegally in the United So the line is drawn in the sand, Mr. f States and whether they should be de- Speaker. And as I mentioned, the bat- ported after they have served their tle for Laredo has begun. The battle for ADJOURNMENT criminal sentence. our sovereignty is upon us. We will ei- Mr. POE. Mr. Speaker, I move that So that costs us as well. And some ther protect our country or we will not. the House do now adjourn. likewise estimate is 18 to 19 percent of We will either surrender or we will The motion was agreed to; accord- our criminal justice costs are because refuse to surrender. And we cannot sur- ingly (at 4 o’clock and 40 minutes we have people in the United States il- render our borders to those people who p.m.), under its previous order, the legally here committing crimes and invade our country illegally. It is an House adjourned until Monday, Octo- having to serve their time. And we pay invasion. It is a colonization of the ber 24, 2005, at noon. for that. So these are some examples of United States, and it is illegally being f issues that the American public has to done right under our eyes. deal with and deal with immediately. That is just the way it is, Mr. Speak- EXECUTIVE COMMUNICATIONS, It is necessary that we as a people er. ETC. f come to grips with the issue of illegal Under clause 8 of rule XII, executive immigration and decide what position SPECIAL ORDERS GRANTED communications were taken from the we are going to take, whether we are By unanimous consent, permission to Speaker’s table and referred as follows: going to take a stand for the rule of address the House, following the legis- law or whether we are going to ignore 4624. A letter from the Chief, Regulatory lative program and any special orders Review Group, Department of Agriculture, the law. heretofore entered, was granted to: transmitting the Department’s final rule — It would seem to me that the first (The following Members (at the re- Collection of State Commodity Assessments duty of government is to protect the quest of Mr. DEFAZIO) to revise and ex- (RIN: 0560-AH35) received September 8, 2005, sovereignty of the Nation, protect the tend their remarks and include extra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- identity of the borders of our Nation. It mittee on Agriculture. neous material:) 4625. A letter from the Congressional Re- just seems to me that is what most Mr. SCHIFF, for 5 minutes, today. countries do. view Coordinator, Animal and Plant Health Mr. DEFAZIO, for 5 minutes, today. Inspection Service, Department of Agri- But we have chosen not to do that, Mr. BROWN of Ohio, for 5 minutes, for whatever reason. I do not know the culture, transmitting the Department’s final today. rule — Imported Fire Ant; Additions to reason. But now the time has come for Ms. WOOLSEY, for 5 minutes, today. Quarantined Areas in Arkansas and Ten- us to enforce the rule of law, enforce Mr. EMANUEL, for 5 minutes, today. nessee [Docket No. 05-030-1] received August border security. It is the right thing to Mr. GEORGE MILLER of California, for 23, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to do. It is not the right thing to do to 5 minutes, today. the Committee on Agriculture.

VerDate Aug 31 2005 01:11 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.080 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9041 4626. A letter from the Director, Regula- ministration’s final rule — Federal Acquisi- tional Oceanic and Atmospheric Administra- tions Policy and Management Staff, Depart- tion Circular 2005-05; Introduction — re- tion, transmitting the Administration’s final ment of Health and Human Services, trans- ceived August 4, 2005, pursuant to 5 U.S.C. rule — Fisheries Off West Coast States and mitting the Department’s final rule — List- 801(a)(1)(A); to the Committee on Govern- in the Western Pacific; West Coast Salmon ing of Color Additives Exempt From Certifi- ment Reform. Fisheries; Inseason Action #7 — Closure of cation; Tomato Lycopene Extract and To- 4636. A letter from the Acting Director, Of- the Commercial Salmon Fishery from the mato Lycopene Concentrate [Docket No. fice of Sustainable Fisheries, NMFS, Na- U.S.-Canada Border to Cape Falcon, Oregon 2001C-0486] (formerly Docket No. 01C-0486) re- tional Oceanic and Atmoshpheric Adminis- [Docket No. 050426117-5117-01; I.D. 091405G] received August 12, 2005, pursuant to 5 U.S.C. tration, transmitting the Administration’s ceived September 30, 2005, pursuant to 5 801(a)(1)(A); to the Committee on Agri- final rule — Fisheries Off West Coast States U.S.C. 801(a)(1)(A); to the Committee on Re- culture. and in the Western Pacific; West Coast sources. 4627. A letter from the Director, Regula- Salmon Fisheries; Inseason Action #6 — Ad- 4644. A letter from the Acting Director, Of- tions Policy and Management Staff, Depart- justment from the U.S.-Canada Border to fice of Sustainable Fisheries, NMFS, Na- ment of Health and Human Servcies, trans- Cape Alava, Washington [Docket No. tional Oceanic and Atmospheric Administra- mitting the Department’s final rule — 050426117-5117-01; I.D. 082605A] received Sep- tion, transmitting the Administration’s final Change of Address; Technical Amendment— tember 30, 2005, pursuant to 5 U.S.C. rule — Magnuson-Stevens Fishery Conserva- received July 29, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. tion and Management Act Provisions; Fish- 801(a)(1)(A); to the Committee on Energy and 4637. A letter from the Acting Director, Of- eries of the Northeastern United States; Commerce. fice of Sustainable Fisheries, NMFS, Na- Northeastern Multispecies Fishery; Modi- 4628. A letter from the Director, Regula- tional Oceanic and Atmospheric Administra- fication of Access to the Eastern U.S./Canada tions Policy and Management Staff, Depart- tion, transmitting the Administration’s final Area [Docket No. 040112010-4114-02; I.D. ment of Health and Human Services, trans- rule — Fisheries of the Exclusive Economic 063005A] received August 12, 2005, pursuant to mitting the Department’s final rule — Defi- Zone Off Alaska; Atka Mackerel Lottery in 5 U.S.C. 801(a)(1)(A); to the Committee on nition of Primary Mode of Action of a Com- Areas 542 and 543 [Docket No. 041126332-5039- Resources. bination Product [Docket No. 2004-N-0194] re- 02; I.D. 081605D] received September 8, 2005, 4645. A letter from the Acting Director, Of- ceived September 8, 2005, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, NMFS, Na- U.S.C. 801(a)(1)(A); to the Committee on En- mittee on Resources. tional Oceanic and Atmospheric Administra- ergy and Commerce. 4638. A letter from the Acting Director, Of- tion, transmitting the Administration’s final 4629. A letter from the Director, Regula- fice of Sustainable Fisheries, NMFS, Na- rule — Fisheries of the Exclusive Economic tions Policy and Management Staff, Depart- tional Oceanic and Atmospheric Administra- Zone Off Alaska Pelagic Shelf Rockfish in ment of Health and Human Services, trans- tion, transmitting the Administration’s final the West Yakutat District of the Gulf of mitting the Department’s final rule — List- rule — Fisheries of the Exclusive Economic Alaska [Docket No. 041126333-5040-02; I.D. ing of Color Additives Exempt from Certifi- Zone Off Alaska; Yellowfin Sole in the Ber- 072005B] received August 12, 2005, pursuant to cation; Mica-Based Pearlescent Pigments ing Sea and Aleutian Islands Management 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 1998C-0431] (formelry 98C-0431) Area [Docket No. 041126332-5039-02; I.D. Resources. received August 4, 2005, pursuant to 5 U.S.C. 072105A] received August 23, 2005, pursuant to 4646. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Energy and 5 U.S.C. 801(a)(1)(A); to the Committee on fice of Sustainable Fisheries, NMFS, Na- Commerce. Resources. tional Oceanic and Atmospheric Administra- 4630. A letter from the Director, Regula- 4639. A letter from the Acting Director, Of- tion, transmitting the Administration’s final tions Policy and Management Staff, Depart- fice of Sustainable Fisheries, NMFS, Na- rule — Fisheries of the Exclusive Economic ment of Health and Human Services, trans- tional Oceanic and Atmospheric Administra- Zone Off Alaska, ‘‘Other Rockfish’’ in the mitting the Department’s final rule — tion, transmitting the Administration’s final Central Regulatory Area of the Gulf of Alas- Change of Name and Address; Technical rule — Magnuson-Stevens Fishery Conserva- ka [Docket No. 041126333-5040-02; I.D. 072905A] Amendment [Docket No. 2005N-0201] received tion and Management Act Provisions; Fish- received August 23, 2005, pursuant to 5 U.S.C. August 2, 2005, pursuant to 5 U.S.C. eries of the Northeastern United States; At- 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Energy and lantic Sea Scallop Fishery; Closure of the 4647. A letter from the Acting Director, Of- Commerce. Closed Area I Scallop Access Area to General fice of Sustainable Fisheries, NMFS, Na- 4631. A letter from the Director, Regula- Category Scallop Vessels [Docket No. tional Oceanic and Atmospheric Administra- tions Policy and Management Staff, Depart- 040809233-4363-03; I.D. 083105A] received Sep- tion, transmitting the Administration’s final ment of Health and Human Services, trans- tember 26, 2005, pursuant to 5 U.S.C. rule — Fisheries of the Exclusive Economic mitting the Department’s final rule — Irra- 801(a)(1)(A); to the Committee on Resources. diation in the Production, Processing, and 4640. A letter from the Acting Director, Of- Zone Off Alaska; Pacific Ocean Perch in the Handling of Food [Docket No. 1999F-4372] re- fice of Sustainable Fisheries, NMFS, Na- West Yakutat District of the Gulf of Alaska ceived September 1, 2005, pursuant to 5 tional Oceanic and Atmospheric Administra- [Docket No. 041126333-5040-02; I.D. 080305B] re- U.S.C. 801(a)(1)(A); to the Committee on En- tion, transmitting the Administration’s final ceived August 23, 2005, pursuant to 5 U.S.C. ergy and Commerce. rule — Fisheries of the Economic Exclusive 801(a)(1)(A); to the Committee on Resources. 4632. A letter from the Director, Regula- Zone Off Alaska; Deep-water Species Fishery 4648. A letter from the Acting Director, Of- tions Policy and Management Staff, Depart- by Vessels Using Trawl Gear in the Gulf of fice of Sustainable Fisheries, NMFS, Na- ment of Health and Human Services, trans- Alaska [Docket No. 041126333-5040-02; I.D. tional Oceanic and Atmospheric Administra- mitting the Department’s final rule — Med- 090705D] received September 26, 2005, pursu- tion, transmitting the Administration’s final ical Devices; Immunology and Microbiology ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule — Fisheries of the Exclusive Economic Devices; Classification of Ribonucleic Acid on Resources. Zone Off Alaska; Arrowtooth Flounder in the Preanalytical Systems [Docket No. 2005N- 4641. A letter from the Acting Director, Of- Bering Sea and Aleutian Islands Manage- 0263] received September 8, 2005, pursuant to fice of Sustainable Fisheries, NMFS, Na- ment Area [Docket No. 041126332-5039-02; I.D. 5 U.S.C. 801(a)(1)(A); to the Committee on tional Oceanic and Atmospheric Administra- 080805B] received September 1, 2005, pursuant Energy and Commerce. tion, transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on 4633. A letter from the Director, Regula- rule — Fisheries Off West Coast States and Resources. tions Policy and Management Staff, Depart- in the Western Pacific; Coastal Pelagic Spe- 4649. A letter from the Director, Office of ment of Health and Human Services, trans- cies Fisheries; Reallocation of Pacific Sar- Sustainable Fisheries, NMFS, National Oce- mitting the Department’s final rule — Med- dine [Docket No. 041130335-5154-02; I.D. anic and Atmospheric Administration, trans- ical Devices; Dental Devices; Classification 091305E] received September 30, 2005, pursu- mitting the Administration’s final rule — of Oral Rinse to Reduce the Adhesion of Den- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Atlantic Highly Migratory Species; Atlantic tal Plaque [Docket No. 2005N-0338] received on Resources. Bluefin Tuna Fisheries [I.D. 080405B] received September 30, 2005, pursuant to 5 U.S.C. 4642. A letter from the Acting Director, Of- September 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Resources. Commerce. tional Oceanic and Atmospheric Administra- 4650. A letter from the Acting Director, Of- 4634. A letter from the Director, Regula- tion, transmitting the Administration’s final fice of Sustainable Fisheries, NMFS, Na- tions Policy and Management Staff, Depart- rule — Fisheries Off West Coast States and tional Oceanic and Atmospheric Administra- ment of Health and Human Services, trans- in the Western Pacific; West Coast Salmon tion, transmitting the Administration’s final mitting the Department’s final rule — Use of Fisheries; Inseason Action #8 — Adjustment rule — Fisheries of the Exclusive Economic Materials Derived From Cattle in Human of the Recreational Fishery from the U.S.- Zone Off Alaska; Non-Community Develop- Food and Cosmetics [Docket No. 2004N-0081] Canada Border to Cape Alava, Washington ment Quota Pollock with Trawl Gear in the received September 26, 2005, pursuant to 5 [Docket No. 050426117-5117-01; I.D. 091405H] re- Chinook Salmon Savings Areas of the Bering U.S.C. 801(a)(1)(A); to the Committee on En- ceived September 30, 2005, pursuant to 5 Sea and Aleutian Islands Manamgement ergy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Re- Area [Docket No. 041126332-5039-02; I.D. 4635. A letter from the Director, Contract sources. 080805D] received September 1, 2005, pursuant Policy Division, National Aeronautics and 4643. A letter from the Acting Director, Of- to 5 U.S.C. 801(a)(1)(A); to the Committee on Space Administration, transmitting the Ad- fice of Sustainable Fisheries, NMFS, Na- Resources.

VerDate Aug 31 2005 01:11 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\L20OC7.000 H20OCPT1 H9042 CONGRESSIONAL RECORD — HOUSE October 20, 2005

4651. A letter from the Acting Director, Of- nent Employment of Aliens in the United FORTUN˜ O, Mrs. CAPITO, Mr. fice of Sustainable Fisheries, NMFS, Na- States; Backlog Reduction (RIN: 1205-AB37) HOSTETTLER, Mr. MURPHY, Mrs. tional Oceanic and Atmospheric Administra- received October 11, 2005, pursuant to 5 KELLY, Mr. BISHOP of Utah, Mr. GARY tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on the G. MILLER of California, Mr. GARRETT rule — Fisheries of the Economic Exclusive Judiciary. of New Jersey, and Mr. LINDER): Zone Off Alaska; Deep-water Species Fishery 4661. A letter from the Regulations Coordi- H.R. 4096. A bill to amend the Internal Rev- by Vessels Using Trawl Gear in the Gulf of nator, CMS, Department of Health and enue Code of 1986 to extend to 2006 the alter- Alaska [Docket No. 041126333-5040-02; I.D. Human Services, transmitting the Depart- native minimum tax relief available in 2005 082905C] received September 20, 2005, pursu- ment’s final rule — Medicare Program; and to index such relief for inflation; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Health Care Infrastructure Improvement Committee on Ways and Means. on Resources. Program; Selection Criteria of Loan Pro- By Mr. BOEHNER (for himself, Mr. 4652. A letter from the Acting Director, Of- gram for Qualifying Hospitals Engaged in BLUNT, Mr. JINDAL, Mr. SAM JOHNSON fice of Sustainable Fisheries, NMFS, Na- Cancer-Related Health Care [CMS-1287-IFC] tional Oceanic and Atmospheric Administra- (RIN: 0938-AO03) received September 30,2005, of Texas, Mr. WILSON of South Caro- tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lina, Mr. KLINE, Mrs. MUSGRAVE, Miss rule — International Fisheries; Pacific Tuna mittee on Ways and Means. MCMORRIS, Mr. MARCHANT, Mr. FORTUN˜ O, Mr. BOUSTANY, Ms. FOXX, Fisheries; Restrictions for 2005 Longline 4662. A letter from the Regulations Coordi- Mrs. DRAKE, Mr. BARTLETT of Mary- Fisheries in the Eastern Tropical Pacific nator, Center for Medicare Management, De- Ocean [Docket No. 050719189-5231-05; I.D. partment of Health and Human Services, land, Mr. HOEKSTRA, Mr. WELDON of 081105E] received September 20, 2005, pursu- transmitting the Department’s final rule — Florida, Mr. WICKER, Mr. BRADY of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Medicare Program; Competitive Acquisition Texas, Mr. PITTS, Mr. SESSIONS, Mr. on Resources. of Outpatient Drugs and Biologicals Under CULBERSON, Mr. BURGESS, Mr. COLE of 4653. A letter from the Acting Director, Of- Part B: Interpretation and Correction [CMS- Oklahoma, Mr. FRANKS of Arizona, fice of Sustainable Fisheries, NMFS, Na- 1325-IFC2] (RIN: 0938-AN58) received Sep- Mr. GINGREY, Mr. MCHENRY, Mr. POE, tional Oceanic and Atmospheric Administra- tember 7, 2005, pursuant to 5 U.S.C. and Mr. DELAY): tion, transmitting the Administration’s final 801(a)(1)(A); jointly to the Committees on H.R. 4097. A bill to direct the Secretary of rule — Fisheries of the Exclusive Economic Energy and Commerce and Ways and Means. Education to establish a Family Education Zone Off Alaska; Atka Mackeral in the Ber- 4663. A letter from the Regulations Coordi- Reimbursement Account Program to assist ing Sea and Aleutian Islands Management nator, CBC, Department of Health and hurricane displaced students during the 2005- Area [Docket No. 041126332-5039-02; I.D. Human Services, transmitting the Depart- 2006 school year, and for other purposes; to 082305C] received September 20, 2005, pursu- ment’s final rule — Medicare Program; Medi- the Committee on Education and the Work- ant to 5 U.S.C. 801(a)(1)(A); to the Committee care Prescription Drug Discount Card; Revi- force. on Resources. sion of Marketing Rules for Endorsed Drug By Mr. RAMSTAD: 4654. A letter from the Acting Director, Of- Card Sponsors [CMS-4063-F] (RIN: 0938-AN97) H.R. 4098. A bill to amend title XVIII of the fice of Sustainable Fisheries, NMFS, Na- received September 1, 2005, pursuant to 5 Social Security Act to preserve access to tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); jointly to the Committees community cancer care by Medicare bene- tion, transmitting the Administration’s final on Energy and Commerce and Ways and ficiaries; to the Committee on Energy and rule — Fisheries of the Exclusive Economic Means. Commerce, and in addition to the Committee Zone Off Alaska; Pollock in Stastical Area f on Ways and Means, for a period to be subse- 610 of the Gulf of Alaska [Docket No. quently determined by the Speaker, in each 041126333-5040-02; I.D. 090205A] received Sep- PUBLIC BILLS AND RESOLUTIONS case for consideration of such provisions as tember 20, 2005, pursuant to 5 U.S.C. Under clause 2 of rule XII, public fall within the jurisdiction of the committee 801(a)(1)(A); to the Committee on Resources. bills and resolutions were introduced concerned. 4655. A letter from the Acting Director, Of- and severally referred, as follows: By Mr. MCCAUL of Texas (for himself, fice of Sustainable Fisheries, NMFS, Na- Mr. BOREN, Mrs. DRAKE, Mr. SMITH of By Mrs. MALONEY (for herself, Mr. tional Oceanic and Atmospheric Administra- Texas, and Mr. CULBERSON): tion, transmitting the Administration’s final MELANCON, and Mr. JEFFERSON): H.R. 4099. A bill to amend the Homeland rule — Fisheries of the Exclusive Economic H.R. 4090. A bill to amend the Robert T. Zone Off Alaska; Pacific Ocean Perch in the Security Act of 2002 to authorize the Citizen Stafford Disaster Relief and Emergency As- Corps and establish the Border Corps, and for Eastern Aleutian District of the Bering Sea sistance Act to modify the terms of the com- and Aleutian Islands Management Area other purposes; to the Committee on Home- munity disaster loan program, and for other land Security. [Docket No. 041126332-5039-02; I.D. 070805A] re- purposes; to the Committee on Transpor- ceived August 2, 2005, pursuant to 5 U.S.C. tation and Infrastructure. By Mr. BAKER: 801(a)(1)(A); to the Committee on Resources. By Mr. POMBO (for himself and Mr. H.R. 4100. A bill to establish the Louisiana Recovery Corporation for purposes of eco- 4656. A letter from the Acting Director, Of- GOODLATTE): fice of Sustainable Fisheries, NMFS, Na- nomic stabilization and redevelopment of H.R. 4091. A bill to permit certain projects devastated areas in Louisiana, and for other tional Oceanic and Atmospheric Administra- and activities to resume on National Forest tion, transmitting the Administration’s final purposes; to the Committee on Financial System lands by ratifying part 215 of title 36, Services. rule — Fisheries of the Exclusive Economic Code of Federal Regulations, relating to no- Zone Off Alaska; Pacific Ocean Perch in the tice, comment, and appeal procedures for By Mr. BISHOP of New York (for him- Central Regulatory Area of the Gulf of Alas- such projects and activities; to the Com- self, Mr. ACKERMAN, Mrs. MCCARTHY, ka [Docket No. 041126333-5040-02; I.D. 071305A] mittee on Agriculture. Mr. ISRAEL, Mr. MCNULTY, Mr. CROW- LEY, Mr. ENGEL, Mr. KUHL of New received August 2, 2005, pursuant to 5 U.S.C. By Ms. BEAN (for herself and Ms. 801(a)(1)(A); to the Committee on Resources. York, Mr. SERRANO, Mr. BOEHLERT, HART): Mr. KING of New York, Mr. FOSSELLA, 4657. A letter from the Deputy Assistant H.R. 4092. A bill to amend the Internal Rev- Administrator for Regulatory Programs, Mr. HIGGINS, Mr. WALSH, Mr. HIN- enue Code of 1986 to allow an additional cred- CHEY, Mr. NADLER, Mr. WEINER, Mr. NMFS, National Oceanic and Atmospheric it against income tax for the adoption of an Administration, transmitting the Adminis- OWENS, Ms. VELA´ ZQUEZ, Mrs. older child; to the Committee on Ways and MALONEY, Mrs. LOWEY, Mr. REY- tration’s final rule — Pacific Halibut Fish- Means. eries; Subsistence Fishing; Correction [Dock- NOLDS, Ms. SLAUGHTER, Mr. TOWNS, et No. 050627169-5169-01; I.D. 051804C] received By Mr. SENSENBRENNER (for himself Mr. RANGEL, Mr. SWEENEY, Mr. August 2, 2005, pursuant to 5 U.S.C. and Mr. SIMPSON): MCHUGH, Mr. MEEKS of New York, 801(a)(1)(A); to the Committee on Resources. H.R. 4093. A bill to provide for the appoint- and Mrs. KELLY): 4658. A letter from the Assistant Adminis- ment of additional Federal circuit and dis- H.R. 4101. A bill to designate the facility of trator for Fisheries, NMFS, National Oce- trict judges, to improve the administration the United States Postal Service located at anic and Atmpspheric Administration, trans- of justice, and for other purposes; to the 170 East Main Street in Patchogue, New mitting the Administration’s final rule — Committee on the Judiciary. York, as the ‘‘Lieutenant Michael P. Murphy Fisheries of the Caribbean, Gulf of Mexico, By Ms. ZOE LOFGREN of California: Post Office Building’’; to the Committee on and South Atlantic; Reef Fish Fishery of the H.R. 4094. A bill to prohibit States from Government Reform. Gulf of Mexico; Gulf Grouper Recreational carrying out more than one Congressional By Mr. BROWN of Ohio: Management Measures [Docket No. 050708183- redistricting after a decennial census and ap- H.R. 4102. A bill to amend title 35, United 5183-01; I.D. 070505D] (RIN: 0648-AT45) re- portionment, to require States to conduct States Code, to provide for compulsory li- ceived August 4, 2005, pursuant to 5 U.S.C. such redistricting through independent com- censing of certain patented inventions relat- 801(a)(1)(A); to the Committee on Resources. missions, and for other purposes; to the Com- ing to health care emergencies; to the Com- 4659. A letter from the Administrator, Of- mittee on the Judiciary. mittee on the Judiciary. fice of National Programs, Department of By Mr. FILNER: By Mr. BROWN of Ohio (for himself, Labor, transmitting the Department’s final H.R. 4095. A bill to amend titles II and XVI Mr. DINGELL, Mr. RANGEL, Mr. WAX- rule — Labor Condition Applications and Re- of the Social Security Act to provide for eq- MAN, Mr. STARK, and Ms. quirements for Employers Using Non- uitable treatment of disability beneficiaries SCHAKOWSKY): immigrants on H-1B Visas in Specialty Occu- with waxing and waning medical conditions; H.R. 4103. A bill to amend title XVIII of the pations and as Fashion Models; Labor Attes- to the Committee on Ways and Means. Social Security Act to provide for improved tations Regarding H-1B1 Visas; — received By Mr. REYNOLDS (for himself, Mr. accountability in the Medicare Advantage October 11, 2005, pursuant to 5 U.S.C. SIMMONS, Mr. SHAW, Mr. HERGER, Mr. and prescription drug programs; to the Com- 801(a)(1)(A); to the Committee on the Judici- ENGLISH of Pennsylvania, Mr. FOLEY, mittee on Energy and Commerce, and in ad- ary. Mr. LINCOLN DIAZ-BALART of Florida, dition to the Committee on Ways and Means, 4660. A letter from the Administrator, Of- Mr. WALDEN of Oregon, Mr. HUNTER, for a period to be subsequently determined fice of National Programs, Department of Mr. MCHUGH, Mr. KING of New York, by the Speaker, in each case for consider- Labor, transmitting the Department’s final Mr. MCCOTTER, Mr. KUHL of New ation of such provisions as fall within the ju- rule — Labor Certification for the Perma- York, Mr. PAUL, Mr. SESSIONS, Mr. risdiction of the committee concerned.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 8472 E:\CR\FM\L20OC7.000 H20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — HOUSE H9043 By Ms. GINNY BROWN-WAITE of Flor- sions as fall within the jurisdiction of the By Mr. WELDON of Pennsylvania (for ida: committee concerned. himself, Mr. WILSON of South Caro- H.R. 4104. A bill to amend the Internal Rev- By Mr. HAYES: lina, and Mr. BROWN of South Caro- enue Code of 1986 to allow a deduction for H.R. 4113. A bill to provide for a reduction lina): qualified long-term care services in com- in pay for Members of Congress; to the Com- H.R. 4123. A bill to amend section 44706 of puting adjusted gross income; to the Com- mittee on House Administration, and in ad- title 49, United States Code, to require oper- mittee on Ways and Means. dition to the Committee on Government Re- ating certificates for airports at which large By Mr. BUTTERFIELD: form, for a period to be subsequently deter- cargo operations are conducted; to the Com- mined by the Speaker, in each case for con- mittee on Transportation and Infrastruc- H.R. 4105. A bill to amend the Wild and ture. Scenic Rivers Act to designate the sideration of such provisions as fall within Perquimans River and its tributaries in the jurisdiction of the committee concerned. By Mr. GEORGE MILLER of Cali- Perquimans County, North Carolina, for By Mr. LOBIONDO (for himself, Mr. fornia: study for potential addition to the National SMITH of New Jersey, and Mrs. EMER- H.J. Res. 69. A joint resolution relating to Wild and Scenic Rivers System, and for SON): a national emergency declared by the Presi- other purposes; to the Committee on Re- H.R. 4114. A bill to prohibit the sale of dent on September 8, 2005; to the Committee sources. crude oil, gasoline, diesel fuel, natural gas, on Transportation and Infrastructure. By Mr. CASTLE (for himself, Mr. or petroleum distillates at an unjust or un- By Mr. BARTON of Texas (for himself, PLATTS, Mr. BACHUS, Mr. WELDON of reasonable price; to the Committee on En- Mr. BURGESS, Mr. GONZALEZ, Mr. Pennsylvania, Mr. KIRK, and Mr. ergy and Commerce. CONAWAY, Mr. CARTER, Mr. SESSIONS, FITZPATRICK of Pennsylvania): By Mr. MARSHALL: Mr. RADANOVICH, Mr. WHITFIELD, Mr. UPTON, Mrs. CUBIN, Mr. BASS, Mr. H.R. 4106. A bill to provide for the security H.R. 4115. A bill to designate the facility of SMITH of Texas, Mr. SHADEGG, Mr. and safety of rail transportation systems in the United States Postal Service located at BOUSTANY, Mr. PICKERING, Mr. the United States, and for other purposes; to 118 East Hancock Street in Milledgeville, TOWNS, Mr. LEWIS of California, Mr. the Committee on Homeland Security. Georgia, as the ‘‘Boddie Davis Simmons Post Office Building’’; to the Committee on Gov- BILIRAKIS, Mr. MARKEY, Mr. MCGOV- By Mr. CUMMINGS (for himself, Mr. ernment Reform. ERN, Mr. HENSARLING, Mr. ORTIZ, Ms. HOYER, Mr. CARDIN, Mr. GILCHREST, KILPATRICK of Michigan, Mr. LINCOLN Mr. BARTLETT of Maryland, Mr. By Mrs. MCCARTHY: H.R. 4116. A bill to prohibit the Secretary DIAZ-BALART of Florida, Mr. OTTER, WYNN, Mr. VAN HOLLEN, and Mr. Mr. MARCHANT, Mr. GENE GREEN of RUPPERSBERGER): of Transportation from requiring the sound- ing of a locomotive horn in suburban areas Texas, Mr. EDWARDS, Mr. MCCAUL of H.R. 4107. A bill to designate the facility of Texas, Mr. HALL, Mr. CALVERT, Mr. the United States Postal Service located at in nonpeak traffic hours; to the Committee on Transportation and Infrastructure. SULLIVAN, Mrs. CAPPS, Mr. BACHUS, 1826 Pennsylvania Avenue in Baltimore, Mr. MURPHY, Mr. FITZPATRICK of By Mr. MELANCON (for himself, Mr. Maryland, as the ‘‘Maryland State Delegate Pennsylvania, Mr. CANTOR, Ms. JACK- JEFFERSON, Mr. JINDAL, Mr. BAKER, Lena K. Lee Post Office Building’’; to the SON-LEE of Texas, Mr. NORWOOD, Mrs. Mr. BOUSTANY, Mr. ALEXANDER, and Committee on Government Reform. BONO, Mr. WALDEN of Oregon, Mr. Mrs. MALONEY): By Mr. CUMMINGS (for himself, Mr. GILLMOR, Ms. EDDIE BERNICE JOHNSON WYNN, Mr. VAN HOLLEN, Mr. HOYER, H.R. 4117. A bill to permit the cancellation of Texas, Ms. BORDALLO, Mr. RUSH, Mr. CARDIN, Mr. GILCHREST, Mr. of certain loans under the Robert T. Stafford Mr. BUYER, Mr. CASTLE, Mr. BOEH- Disaster Relief and Emergency Assistance BARTLETT of Maryland, and Mr. LERT, Mr. STEARNS, and Mr. TERRY): RUPPERSBERGER): Act; to the Committee on Transportation and Infrastructure. H. Con. Res. 269. Concurrent resolution rec- H.R. 4108. A bill to designate the facility of ognizing the 40th anniversary of the White the United States Postal Service located at By Mr. PAUL: House Fellows Program; to the Committee 3000 Homewood Avenue in Baltimore, Mary- H.R. 4118. A bill to prohibit Federal pay- on Government Reform. ments to any individual, business, institu- land, as the ‘‘State Senator Verda Welcome By Ms. JACKSON-LEE of Texas (for and Dr. Henry Welcome Post Office Build- tion, or organization that engages in human cloning; to the Committee on Energy and herself and Mr. MEEKS of New York): ing’’; to the Committee on Government Re- H. Con. Res. 270. Concurrent resolution ex- form. Commerce. By Mr. PAUL: pressing the sense of the Congress to honor By Mr. CUMMINGS (for himself, Mr. those in Pakistan who lost their lives as a HOYER, Mr. CARDIN, Mr. GILCHREST, H.R. 4119. A bill to strengthen Federal result of the earthquake that affected South Mr. BARTLETT of Maryland, Mr. leadership, provide grants, enhance outreach Asia on October 8, 2005; to the Committee on WYNN, Mr. VAN HOLLEN, and Mr. and guidance, and provide other support to International Relations. RUPPERSBERGER): State and local officials to achieve communications interoperability, to foster im- By Mr. MEEKS of New York (for him- H.R. 4109. A bill to designate the facility of self, Mr. RANGEL, Mrs. JONES of Ohio, the United States Postal Service located at proved regional collaboration and coordination, to promote more efficient utilization of Ms. EDDIE BERNICE JOHNSON of Texas, 6101 Liberty Road in Baltimore, Maryland, as funding devoted to public safety communica- Ms. NORTON, Ms. MILLENDER-MCDON- the ‘‘United States Representative Parren J. tions, to promote research and development ALD, Mr. CONYERS, Mr. SCOTT of Vir- Mitchell Post Office’’; to the Committee on for first responder communications, and for ginia, Mr. WATT, Mr. ABERCROMBIE, Government Reform. other purposes; to the Committee on Energy Mr. SCOTT of Georgia, Mr. FILNER, By Mr. EMANUEL (for himself, Mr. and Commerce, and in addition to the Com- Mr. MCDERMOTT, Mr. MCNULTY, Mr. DEFAZIO, Mr. DELAHUNT, Mr. BISHOP mittee on Homeland Security, for a period to LEWIS of Georgia, Mr. BISHOP of Geor- of New York, Mr. ALLEN, Mr. BOU- be subsequently determined by the Speaker, gia, and Ms. WASSERMAN SCHULTZ): CHER, Mr. CLAY, Mr. COSTELLO, Mr. in each case for consideration of such provi- H. Con. Res. 271. Concurrent resolution ETHERIDGE, Mr. FRANK of Massachu- sions as fall within the jurisdiction of the honoring the life and accomplishments of setts, Mr. GRIJALVA, Mr. HASTINGS of committee concerned. Judge Constance Baker Motley and recog- Florida, Mr. HOLT, Mr. KILDEE, Mr. By Mr. POE: nizing her as a symbol of hope and inspira- LARSON of Connecticut, Ms. LEE, Mr. H.R. 4120. A bill to eliminate the Western tion for all men and women; to the Com- MCGOVERN, Mrs. MALONEY, Mr. MEE- Hemisphere travel exception by requiring a mittee on the Judiciary. HAN, Mr. GEORGE MILLER of Cali- passport for all travel into and out of the By Mr. WEXLER (for himself and Ms. fornia, Ms. MCCOLLUM of Minnesota, United States and to require the Secretary HARRIS): Mr. NADLER, Mr. OWENS, Mr. of State to endeavor to persuade all coun- H. Con. Res. 272. Concurrent resolution ex- PALLONE, Mr. PAYNE, Mr. RYAN of tries to issue machine-readable passports pressing support for the current standards of Ohio, Ms. SCHAKOWSKY, Ms. SLAUGH- that comply with a uniform document iden- the Federal mortgage interest tax deduction; TER, Mr. STARK, Mr. TAYLOR of Mis- tifying standard; to the Committee on the to the Committee on Ways and Means. sissippi, Mr. THOMPSON of Mississippi, Judiciary, and in addition to the Committees and Mr. WEXLER): By Ms. GINNY BROWN-WAITE of Flor- on Homeland Security, and International Re- ida: H.R. 4110. A bill to require grants to State lations, for a period to be subsequently de- H. Res. 504. A resolution commending the and local governments for infrastructure and termined by the Speaker, in each case for social services needs in the same amount as people of the Republic of Iraq for holding a consideration of such provisions as fall with- successful referendum on a new constitution the amount of relief and reconstruction in the jurisdiction of the committee con- funds provided to Iraq; to the Committee on for Iraq; to the Committee on International cerned. Relations. Government Reform. By Mr. SODREL: ˜ By Mr. KUCINICH: By Mr. FORTUNO: H.R. 4121. A bill to amend title 10, United H.R. 4111. A bill to redesignate the Carib- States Code, to extend military commissary H. Res. 505. A resolution requesting the bean National Forest in the Commonwealth and exchange store privileges to veterans President of the United States and directing of Puerto Rico as the El Yunque National with a compensable service-connected dis- the Secretary of State to provide to the Forest; to the Committee on Resources. ability and to their dependents; to the Com- House of Representatives certain documents mittee on Armed Services. in their possession relating to the White By Mr. HASTINGS of Florida (for him- House Iraq Group; to the Committee on self, Mr. OWENS, and Ms. WASSERMAN By Mr. TANNER: International Relations. SCHULTZ): H.R. 4122. A bill to establish the Com- H.R. 4112. A bill to direct the Secretary of prehensive Entitlement Reform Commission; f Homeland Security to establish national to the Committee on Ways and Means, and in emergency centers on military installations; addition to the Committee on Energy and ADDITIONAL SPONSORS to the Committee on Transportation and In- Commerce, for a period to be subsequently Under clause 7 of rule XII, sponsors frastructure, and in addition to the Com- determined by the Speaker, in each case for were added to public bills and resolu- mittee on Armed Services, for a period to be consideration of such provisions as fall with- subsequently determined by the Speaker, in in the jurisdiction of the committee con- tions as follows: each case for consideration of such provi- cerned. H.R. 21: Ms. MATSUI.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L20OC7.100 H20OCPT1 H9044 CONGRESSIONAL RECORD — HOUSE October 20, 2005

H.R. 500: Mr. BONILLA. H.R. 2471: Mr. SIMPSON. H.R. 3952: Mr. SCOTT of Georgia. H.R. 558: Ms. DELAURO. H.R. 2669: Mr. ALLEN, Mr. BRADY of Penn- H.R. 3960: Mr. PUTNAM, Mr. BOEHNER, and H.R. 583: Mr. STARK. sylvania, Mr. CLYBURN, and Mr. RYAN of Mr. HERGER. H.R. 602: Mr. MEEKS of New York. Ohio. H.R. 3966: Mr. MOORE of Kansas. H.R. 759: Ms. SCHWARTZ of Pennsylvania. H.R. 2679: Mr. JINDAL. H.R. 4011: Mr. CLAY and Mr. LEWIS of Geor- H.R. 772: Mr. FORTUN˜ O, Mr. ENGLISH of H.R. 2727: Mr. BRADY of Pennsylvania. gia. Pennsylvania, Mr. HALL, and Mr. SIMMONS. H.R. 2835: Mr. THOMPSON of Mississippi and H.R. 4015: Mr. PETERSON of Minnesota and H.R. 809: Mr. GOODE. Mr. ALLEN. Ms. EDDIE BERNICE JOHNSON of Texas. H.R. 827: Mr. WELLER and Mr. ENGLISH of H.R. 2861: Mr. DUNCAN. H.R. 4032: Mr. CARTER, Mr. ADERHOLT, Mr. Pennsylvania. H.R. 2872: Mr. CONYERS, Mr. SOUDER, Mr. GARRETT of New Jersey, and Mr. GOODE. H.R. 839: Ms. HOOLEY, Mr. RANGEL, and Mr. DOYLE, Mr. FOSSELLA, Mr. ROSS, and Mr. LI- H.R. 4033: Mrs. DAVIS of California and Mr. UDALL of New Mexico. PINSKI. NORWOOD. H.R. 896: Mr. FARR. H.R. 2926: Mr. PRICE of North Carolina. H.R. 4034: Mr. BURTON of Indiana and Mr. H.R. 923: Mr. RAHALL, Mr. MORAN of Vir- H.R. 2928: Mr. ETHERIDGE. HOEKSTRA. ginia, Mr. BOEHLERT, Mr. BERRY, Ms. H.R. 3063: Mr. SCOTT of Virginia, Mr. H.R. 4035: Mr. MILLER of Florida. MILLENDER-MCDONALD, and Mr. REYNOLDS. BRADY of Pennsylvania, Ms. SCHWARTZ of H.R. 4044: Mr. REYES. H.R. 952: Mr. JACKSON of Illinois. ERMAN Pennsylvania, Mr. B , and Mr. H.R. 4047: Mr. LOBIONDO. H.R. 983: Mr. STARK. DOGGETT. H.R. 4048: Mr. MENENDEZ. H.R. 1130: Mrs. CAPPS and Mr. DOYLE. H.R. 3127: Mr. OWENS, Mr. TAYLOR of North H.R. 4062: Mr. BOUCHER, Ms. SCHAKOWSKY, H.R. 1131: Mr. FATTAH and Mr. JACKSON of Carolina, Mr. ROTHMAN, Mr. LYNCH, and Ms. Mr. HONDA, Mr. LANTOS, Mr. RANGEL, Mr. Illinois. ESHOO. MCDERMOTT, Mr. FRANK of Massachusetts, H.R. 1241: Mr. MARCHANT. H.R. 3137: Mr. HALL, Mr. ROGERS of Ala- Ms. CARSON, Mr. HINCHEY, Mrs. DAVIS of Cali- H.R. 1243: Mr. BROWN of South Carolina. bama, Mr. FEENEY, Mr. GERLACH, Mr. THORN- fornia, Ms. WASSERMAN SCHULTZ, Ms. KIL- H.R. 1246: Mrs. SCHMIDT. BERRY, and Mr. SOUDER. PATRICK of Michigan, Mr. SERRANO, Mr. H.R. 1249: Mr. MICHAUD. H.R. 3151: Mr. STARK, Ms. WASSERMAN ABERCROMBIE, Mr. FILNER, and Mr. KENNEDY H.R. 1262: Mr. ROTHMAN. SCHULTZ, and Mr. RUPPERSBERGER. of Rhode Island. H.R. 1298: Mr. WHITFIELD. H.R. 3157: Ms. KILPATRIK of Michigan. H.R. 4063: Mrs. BLACKBURN, Mr. CLAY, Mr. H.R. 1366: Mrs. JO ANN DAVIS of Virginia. H.R. 3296: Mr. FATTAH. VAN HOLLEN, Mr. COOPER, Mr. MCNULTY, Mr. H.R. 1431: Mrs. DAVIS of California and Mr. H.R. 3312: Mr. UDALL of Colorado. ISRAEL, Mr. RANGEL, Mr. LAHOOD, Mr. PRICE THOMPSON of California. H.R. 3334: Mr. PUTNAM, Mr. BUTTERFIELD, of North Carolina, Mr. HIGGINS, Mr. BOS- H.R. 1443: Mr. CUMMINGS. Mr. JACKSON of Illinois, and Ms. ZOE WELL, Mr. DUNCAN, Mr. MENENDEZ, Mr. KING H.R. 1471: Mr. LARSON of Connecticut and LOFGREN of California. of New York, and Mr. WHITFIELD. Mr. STARK. H.R. 3369: Mr. BRADY of Pennsylvania, Mr. H.R. 4079: Mr. BEAUPREZ and Mr. GINGREY. H.R. 1510: Mrs. NORTHUP. ABERCROMBIE, and Ms. SCHWARTZ of Pennsyl- H.R. 1561: Mr. LARSEN of Washington, Mr. vania. H. Con. Res. 172: Mr. LEVIN. H. Con. Res. 179: Mr. LIPINSKI. PETERSON of Minnesota, and Mr. SOUDER. H.R. 3373: Ms. WASSERMAN SCHULTZ, Mr. H.R. 1591: Mr. EVANS. PRICE of North Carolina, Mr. THORNBERRY, H. Con. Res. 210: Mr. POMBO, Mr. H.R. 1592: Mr. EVANS. Mr. CUMMINGS, and Mr. WYNN. BLUMENAUER, Mr. BOUCHER, Mr. LINCOLN H.R. 1633: Mr. PLATTS. H.R. 3427: Mr. SHAYS. DIAZ-BALART of Florida, Mr. PICKERING, Mr. H.R. 1723: Mr. CONYERS. H.R. 3436: Mr. CONAWAY. RADANOVICH, Mr. GOHMERT, Ms. JACKSON-LEE H.R. 1736: Mr. SHAYS. H.R. 3459: Mr. MCINTYRE. of Texas, and Mrs. BLACKBURN. H.R. 1973: Mr. HYDE. H.R. 3476: Mr. GILCHREST. H. Con. Res. 228: Mrs. JO ANN DAVIS of Vir- H.R. 1994: Mr. MARKEY and Ms. CARSON. H.R. 3478: Mr. HOLT. ginia and Mr. HINOJOSA. H.R. 2012: Mr. SHIMKUS. H.R. 3532: Mr. MCCOTTER. H. Con. Res. 230: Mr. HALL. H.R. 2014: Mr. GARY G. MILLER of Cali- H.R. 3546: Mr. WEXLER. H. Con. Res. 231: Mr. LAHOOD. fornia, Ms. BERKLEY, and Mrs. BONO. H.R. 3561: Mr. MEEK of Florida and Ms. H. Con. Res. 254: Mr. ROTHMAN and Ms. H.R. 2112: Mr. BURTON of Indiana and Mr. DELAURO. WASSERMAN SCHULTZ. HULSHOF. H.R. 3604: Mr. BERMAN. H. Con. Res. 260: Mr. SMITH of New Jersey, H.R. 2134: Mr. MCGOVERN, Mr. LARSEN of H.R. 3617: Mr. SESSIONS. Mr. RANGEL, Mr. ISRAEL, Mr. SHERMAN, and Washington, and Mr. THOMPSON of Mis- H.R. 3638: Mr. KUHL of New York. Mr. WEXLER. sissippi. H.R. 3644: Mr. JOHNSON of Illinois. H. Con. Res. 265: Mr. KOLBE. H.R. 2177: Mr. Strickland, Mr. MICHAUD, H.R. 3662: Mr. OLVER. H. Res. 137: Mr. BEAUPREZ, Mr. BRADY of and Mr. SWEENEY. H.R. 3698: Mr. BRADY of Pennsylvania and Texas, Mr. MCINTYRE, Mr. AKIN, and Mr. H.R. 2211: Mr. INGLIS of South Carolina and Mrs. JONES of Ohio. GOHMERT. Mr. PITTS. H.R. 3758: Mr. CONYERS. H. Res. 215: Mrs. MUSGRAVE. H.R. 2231: Mr. ALLEN, Mr. LYNCH, Mr. RUSH, H.R. 3778: Mr. MILLER of Florida, Mr. H. Res. 458: Mr. HOLT and Mr. CASE. Ms. CORRINE BROWN of Florida, Mrs. DAVIS of GRIJALVA, Ms. HARRIS, and Mr. HONDA. H. Res. 479: Mr. BERMAN, Mr. CONYERS, Mr. California, Mr. HEFLEY, Mr. HONDA, Mr. H.R. 3796: Mr. FATTAH and Mr. LYNCH. ENGEL, Mr. MCGOVERN, Mr. MCNULTY, Mrs. MICHAUD, Mr. BURTON of Indiana, Mr. H.R. 3810: Mr. SOUDER. MALONEY, Mr. PALLONE, Mr. KIRK, and Mr. HINOJOSA, Ms. LEE, and Mr. SIMMONS. H.R. 3860: Mrs. MYRICK. SMITH of New Jersey. H.R. 2257: Mr. WEXLER and Mr. BRADY of H.R. 3870: Mr. PAUL. H. Res. 483: Mr. MCGOVERN. Texas. H.R. 3889: Mrs. WILSON of New Mexico and H. Res. 485: Mr. LEVIN and Mr. BERRY. H.R. 2317: Mr. WELDON of Pennsylvania and Mr. CAMP. H. Res. 488: Mr. SIMMONS. Mrs. DAVIS of California. H.R. 3903: Mr. BEAUPREZ and Mr. AKIN. f H.R. 2327: Mr. ENGEL. H.R. 3904: Mr. BEAUPREZ and Mr. AKIN. H.R. 2356: Mr. WALSH, Mr. NADLER, Mrs. H.R. 3906: Mr. BEAUPREZ and Mr. AKIN. DELETIONS OF SPONSORS FROM NAPOLITANO, Mr. BROWN of South Carolina, H.R. 3922: Mr. JINDAL, Mr. SKELTON, Mr. PUBLIC BILLS AND RESOLUTIONS and Mr. WILSON of South Carolina. ABERCROMBIE, and Mr. CLEAVER. Under clause 7 of rule XII, sponsors H.R. 2359: Mr. OWENS. H.R. 3940: Mr. BRADY of Pennsylvania. were deleted from public bills and reso- H.R. 2389: Ms. GRANGER. H.R. 3949: Mr. HALL, Mr. MCNULTY, and Mr. lutions as follows: H.R. 2412: Mr. CONYERS. HEFLEY. H.R. 551: Mr. FRANKS of Arizona.

VerDate Aug 31 2005 02:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 8472 E:\CR\FM\A20OC7.050 H20OCPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, OCTOBER 20, 2005 No. 134 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JOHN ENSIGN, a Sen- for the progress we have made over the called to order by the Honorable JOHN ator from the State of Nevada, to perform course of the week, and on all these ap- ENSIGN, a Senator from the State of the duties of the Chair. propriations bills. Nevada. TED STEVENS, President pro tempore. f PRAYER Mr. ENSIGN thereupon assumed the PRESIDENT MAHMOUD ABBAS The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. Mr. FRIST. Mr. President, on a sepa- fered the following prayer: f rate issue, today, several of my Senate Let us pray. colleagues and I will be hosting Pales- RECOGNITION OF THE MAJORITY O God, most Holy, how precious and tinian President Mahmoud Abbas and LEADER steadfast is Your love. We take refuge members of his Cabinet here in the in the shadow of Your wings and find The ACTING PRESIDENT pro tem- United States Capitol. peace in the blessing of being Your pore. The majority leader is recog- I have met with President Abbas on children. nized. several occasions, most recently during Your love has given us this day and f my trip to the Middle East in May and the opportunities to serve. Your love his visit to Washington later that has provided us with challenges that SCHEDULE month a few weeks after our visit test us and make us stronger. Your Mr. FRIST. Mr. President, in a few there. love enables us to find freedom from minutes we will resume debate on the President Abbas is here to discuss guilt and hope for our future. Help us Transportation, Treasury, and HUD ap- ways to move the Middle East peace not to miss Your precious presence or propriations bill. We had a full day yes- process forward, and how both sides forget to abide in Your peace. terday, with amendments being offered can fulfill their obligations under the Give the Members of this body and voted on and, therefore, we made roadmap. strength for today’s journey. May they very good progress. I believe the two Less than 2 months ago, Israel com- approach challenges and opportunities managers are looking to wrap up the pleted its disengagement of settlers with reverence and respect. Help us all to comprehend more fully bill soon, and it is possible we could and soldiers from all 21 settlements in what it means to rest in Your love. We complete action on the bill during to- the Gaza Strip and four settlements in pray in Your loving Name. Amen. day’s session. I strongly believe we can the northern West Bank. The dis- do just that. engagement was conducted in a smooth f We have several Senators coming to and generally peaceful manner. This PLEDGE OF ALLEGIANCE the floor this morning to discuss their was a bold and courageous move by The Honorable JOHN ENSIGN led the amendments, and I hope the two man- Prime Minister Ariel Sharon. Pledge of Allegiance, as follows: agers can work with the amendment Now President Abbas and the Pales- I pledge allegiance to the Flag of the sponsors or schedule those amend- tinian Authority face the challenge of United States of America, and to the Repub- ments for votes. Senators should ex- creating a secure and stable environ- lic for which it stands, one nation under God, pect votes throughout the course of the ment in Gaza. It is vital, it is critical indivisible, with liberty and justice for all. day. As I mentioned all week, if we that they succeed. The Palestinian peo- f cannot finish the bill today, we will be ple need to feel tangible improvements APPOINTMENT OF ACTING voting on the bill tomorrow. But I in their everyday lives, in their daily PRESIDENT PRO TEMPORE would encourage people to allow us to welfare, and they need to see that only finish today. peaceful dialog and negotiation can The PRESIDING OFFICER. The We will have done, after we complete lead to a more prosperous future. clerk will please read a communication this bill, 11 appropriations bills. I While coordination between the to the Senate from the President pro thank once again Chairman THAD Israelis and Palestinians during the tempore (Mr. STEVENS). COCHRAN for his tremendous leadership, disengagement was not ideal, it did The legislative clerk read the fol- as well as his entire committee, in exist. Prior to the withdrawal, Israeli lowing letter: leading forth on these appropriations and Palestinian security officials U.S. SENATE, bills. We do have one remaining bill, worked to ensure a peaceful disengage- PRESIDENT PRO TEMPORE, the Labor-HHS appropriations bill, and ment and to establish a basis for re- Washington, DC, October 20, 2005. To the Senate: I plan on going to that bill following turning to the roadmap. Under the provisions of rule I, paragraph 3, the completion of the Transportation- Recently, however, events in the of the Standing Rules of the Senate, I hereby Treasury bill. I thank my colleagues West Bank and the Gaza Strip have

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

S11601

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.000 S20OCPT1 S11602 CONGRESSIONAL RECORD — SENATE October 20, 2005 taken a turn for the worse. Rocket at- Homeland Security bill, which this we decided, in the elements of priority, tacks on Israel continued to be body passed and the House passed and it was more important to move the launched from the Gaza Strip. In the the President signed this week. I think funds into the border issues and move last 9 months, 219 Palestinians have it is important when we do something those dollars to the border. died in internecine clashes. In the West that is substantive and addresses what We expanded—working in the context Bank city of Ramallah, Hamas has I see—and I think most people see—as of a continuum because we had done a claimed responsibility for abducting a very significant issue for our Nation, supplemental earlier which attempted and killing an Israeli settler after which is controlling our borders, we to address the same issues as part of a issuing demands for the release of Pal- should talk about it a little bit so the package—working as a theme, the estinian prisoners. This past weekend, people understand what we did because issue of protecting our borders and three Jewish settlers were killed and in the activities that so dominate the making them more secure. We did this five were wounded in shootings in the daily news—whether it is a hurricane by significantly expanding the number West Bank. The Al Aqsa Martyr’s Bri- or the issues in relation to a Supreme of feet on the ground because when you gade has claimed responsibility for Court nominee—things that are mov- come right down to it, it is how many these attacks. ing in the right direction tend to get people you have on the borders looking These events threaten to derail the lost. But what is moving in the right for people who are trying to come peace process and to move both sides direction right now is our attempts as across the borders illegally which de- backward. We have reached a critical a nation, with the President’s leader- termines whether you are going to be juncture in the Middle East peace proc- ship and this Congress’s aggressive- successful in stopping those people. ess. The Israeli disengagement from ness, in the area of trying to control So we expanded by 15 percent, ap- Gaza offers a tremendous opportunity our borders. proximately, the number of Border Pa- to get the peace process and the road- The Homeland Security appropria- trol agents. Now, this is only a step in map back on track. To succeed, both tions bill—and I have the good fortune the right direction, but it is a fairly sides must fulfill their responsibilities, to chair the Homeland Security Sub- significant step. Some would say: Why but this requires a secure environment committee and the ranking member is didn’t you put even more Border Patrol in order to act. Senator BYRD—I do not think of him as agents into the system? Well, quite For the Palestinians, this means end- the ranking member; quite honestly, I honestly, the system cannot handle it. ing incitement, dismantling the ter- think of him as the senior member—is We do not have the training capacity rorist groups, and disarming the mili- a bill that is structured around the to train more than about 1,500 Border tias. This is what I will impress on theory that we should address threat. Patrol agents every year. Unfortu- President Abbas when I meet with him It was a unique approach to an appro- nately, it is very hard to find people to later today. The violence must be re- priations bill because it is a unique do this job who meet the qualifications nounced, and it must end. Making issue. Most appropriations bills take on we have because the qualifications are progress on these issues can set the a variety of different questions and the very high and the people who do this stage for Israel to move forward on the management of the Government and job of serving in our Border Patrol release of Palestinian prisoners and re- how the Government is functioning. agency are individuals who are highly lieving restrictions on travel. But we decided to do the bill based on sought after by other agencies and I commend President Abbas for his a theme, to be quite honest. The theme they are people who have other oppor- leadership. He has made measurable we tried to address was: What is the tunities. To attract them into the Bor- progress in advancing internal reforms threat? And how can we best address der Patrol agency is a challenge. Find- in the Palestinian Authority. More is it? ing people is a challenge. But we have clearly needed, though, and more must We concluded that the prime threats put in the pipeline now the dollars nec- be done. are, No. 1, the use of a weapon of mass essary to add 1,500 new agents. For example, the PA security forces destruction against our Nation. I in- In addition, we are expanding the must be reformed, unified, and given tend to talk about that issue later on training facilities so that as we move the mandate to enforce the rule of law as we move into the new BioShield bill, into the later years, we will be able to and establish order in the West Bank which has been put together by Sen- train more than 1,500 agents a year. My and Gaza. President Abbas needs and ator BURR from North Carolina. He has goal—and I believe the goal of other deserves our continued support, and done such an extraordinary job. This members of the committee, some of the Congress has provided the funding bill did make major initiatives in the whom are in the Chamber today—is to to help the Palestinian people and area of trying to fight the use of a be training approximately 2,000 new make reform a reality. weapon of mass destruction and get- agents every year, until we get to 10,000 The United States remains com- ting prepared to deal with that type of new agents from the baseline of about mitted to President Bush’s vision of a threat. 10,000. So we will have essentially a two democratic states, Israel and Pal- The second major threat we deter- force we have doubled. estine, living side by side in peace and mined was the porousness of our bor- But as you double the force of agents, security. We will continue to work ders. The simple fact is too many peo- you also have to double the infrastruc- with both parties to fulfill their obliga- ple are coming into this country today ture that supports them, or dramati- tions under the roadmap toward a true whom we don’t know, and they are cally increase it, anyway. So this bill and lasting peace. coming in illegally. Not only that, but also addresses that. It builds new fa- Mr. President, I yield the floor. we don’t know, when people come cilities. And especially it addresses the The ACTING PRESIDENT pro tem- across the border legally, who they are issue of detention, which is a critical pore. The Senator from New Hamp- and what their purposes are and wheth- issue for us because we simply know shire. er they may be wanting to cause us today that as we catch people who Mr. GREGG. Mr. President, I ask harm. come into our country who are not unanimous consent to proceed as in We have two major problems. We Mexican and whose purposes we don’t morning business for 5 minutes. have the problem relative to people. In know but who we know are here ille- The ACTING PRESIDENT pro tem- addition, we have the problem relative gally, we are not able to detain them. pore. Without objection, it is so or- to cargo. The fact is, our ports of entry We are not able to send them back to dered. are basically open to allowing in cargo their country of origin because we do Mr. GREGG. Mr. President, I appre- that may be a threat to us, cargo which not have the capacity to do so. This ciate the courtesy of the Senator from might have in it a weapon which might bill, again, tries to address that issue Michigan. be used against us. and does so in a fairly aggressive way, f So this bill reallocated resources, and adding, when coupled with the supple- we made some very difficult decisions. mental, approximately 2,000 new beds SECURING OUR BORDERS We took significant resources from to detention capability, getting us over Mr. GREGG. Mr. President, I rise to other accounts, where it could argu- 20,000 beds in detention capability. Our speak briefly to highlight again the ably be claimed they were needed, but goal—and we are on this path now—is

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.002 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11603 to be sure that we can detain every- Dorgan amendment No. 2133, to restrict en- ant to section 3004(b) of the Exchange Rates body who comes into this country ille- forcement of the Cuban Assets Control Regu- and International Economic Policy Coordi- gally and we catch who is not Mexican lations with respect to travel to Cuba. nation Act of 1988 (22 U.S.C. 5304(b)), not to and be able to send those people back The PRESIDING OFFICER. The Sen- exceed $1,000,000 is for the Secretary of the ator from Missouri. Treasury, in conjunction with the President, to where they came from because those to implement said subsection as it pertains people may be a significant threat to Mr. BOND. Madam President, my colleague from Michigan has an amend- to Governments and trade violations involv- us as a nation. ing currency manipulation and other trade We are making progress. The Con- ment that is a good amendment. Let violations;’’. me say that my colleague from Wash- gress and the President have made a Ms. STABENOW. Madam President, I ington, Senator MURRAY, and I are hop- commitment to significantly increase rise to thank both our distinguished ing to finish business today. I know our capacity to protect our borders. We chairman of this subcommittee, Sen- there are a number of amendments out recognize that there is a porousness ator BOND, and distinguished ranking there that people wish to bring up. We among our borders, and we have member, Senator MURRAY, for their have been able to accept a significant stepped up, in an attempt to try to ad- leadership on this important bill and number of them. If you have an amend- dress that, by dramatically expanding for their words of support for my the resources we are putting on the ment pending, please come down this morning and talk to us. I hope we will amendment. borders and dramatically expanding This amendment addresses the need stay around however long it takes to the support facilities for those border to make sure that we are enforcing our finish up all of these matters and have agents who are there. trade laws so that we have a level play- a final vote. This bill has to go to con- There are other issues that we still ing field for businesses and workers in ference, if we are to provide 2006 appro- need to address: Specifically, our com- America with all of our trading part- priations for the very important agen- puter capability as to how we track ners. It designates and authorizes a cies covered by this legislation. This is legal people who come into the country specific amount of money that would and our capacity to have the various going to be a difficult bill to conference, and we must have this bill fin- allow us to do that. computer systems which are able to In my home State of Michigan, this ished, ready for the floor, I would hope track people—the FBI system at IAFIS is absolutely critical for us right now, before the end of this month so that and the US–VISIT system set up by as we see all of the challenges in the Customs and Immigration—be able to they can get out from under a continuing resolution. But we must get it international marketplace. We need to communicate in a way which makes it make sure that we are giving every possible for us to identify somebody finished before Thanksgiving. It is vitally important. I urge Members to business, every worker, a level playing coming into this country who might field, and we are doing everything we have a criminal record or for purposes come to the floor. If they don’t want to act on all of their amendments, that can to enforce our trade laws so that which we believe could harm our Na- we have the opportunity to be export- tion or individuals in our Nation. will be fine with us. We need to get this bill finished. ing our products and not our jobs. There is a long way to go in that That should be the goal of all of us. CONGRATULATIONS TO THE HOUSTON ASTROS area. We intend to continue to focus a I appreciate the fact that there is a great deal of energy and resources on On a personal note, I conclude by saying our congratulations to the willingness to support my amendment. that also. I intend to hold hearings spe- The PRESIDING OFFICER. The Sen- Houston Astros, who are a magnificent cifically on that point because I am ator from Missouri. very concerned about it. This bill, team. They did well. We are looking Mr. BOND. Madam President, I thank forward to a great battle between them which passed the Senate and passed the my colleague from Michigan. We and the White Sox, a central time zone House and was signed by the President worked with her on her original World Series which many of us in the this week, called the Homeland Secu- amendment. I think this amendment is heartland think is going to be good. rity appropriations bill, was a signifi- now a good amendment. Obviously, the The St. Louis Cardinals were magnifi- cant step in the right direction toward objective is one that we all share, and cent for over 100 games. But Busch Sta- making our borders more secure. It is a I believe with this modification, the dium, twice now, has failed us in Octo- step which should be acknowledged concept that my colleague has put ber. We are going forward today, blow- and, therefore, I wanted to come to the forth is a good one. We are willing to ing up the stadium, and I wish I were floor to note it again. accept it on this side. there to participate. But I wish my col- I thank the Chair and the Senator The PRESIDING OFFICER. The Sen- leagues the best, and we are ready to from Michigan for her courtesy. ator from Washington. f go. Mrs. MURRAY. Madam President, The PRESIDING OFFICER. The Sen- this amendment is acceptable on our RESERVATION OF LEADER TIME ator from Michigan. side as well. We are ready to go forward The PRESIDING OFFICER (Ms. MUR- AMENDMENT NO. 2149 at this time. KOWSKI). Under the previous order, the Ms. STABENOW. Madam President, I The PRESIDING OFFICER. The leadership time is reserved. send an amendment to the desk and question is on agreeing to amendment f ask for its immediate consideration. No. 2149. The PRESIDING OFFICER. Without TRANSPORTATION, TREASURY, The amendment (No. 2149) was agreed objection, the pending amendments are THE JUDICIARY, HOUSING AND to. set aside. The clerk will report. URBAN DEVELOPMENT, AND RE- Mr. BOND. Madam President, I move The legislative clerk read as follows: to reconsider the vote. LATED AGENCIES APPROPRIA- The Senator from Michigan [Ms. TIONS ACT, 2006 Mrs. MURRAY. I move to lay that STABENOW] proposes an amendment num- motion on the table. The PRESIDING OFFICER. Under bered 2149. The motion to lay on the table was the previous order, the Senate will re- Ms. STABENOW. Madam President, I agreed to. sume consideration of H.R. 3058, which ask unanimous consent that reading of Ms. STABENOW. Madam President, the clerk will report. the amendment be dispensed with. if there is not someone else wishing to The legislative clerk read as follows: The PRESIDING OFFICER. Without speak, I will expand on what is hap- A bill (H.R. 3058) making appropriations objection, it is so ordered. pening as it relates to Michigan now for the Departments of Transportation, The amendment is as follows: and why this is so important as an Treasury, and Housing and Urban Develop- (Purpose: To provide resources to the Admin- ment, the Judiciary, District of Columbia, amendment. istration so that the Administration can I thank colleagues for working with and independent agencies for the fiscal year enforce existing trade agreements and obli- ending September 30, 2006, and for other pur- gations related to trade violations involv- us and helping us to modify the amend- poses. ing currency manipulation, counterfeiting ment and to accept it today. Pending: of manufactured products, and pirating of What is important for all of us, but Reed amendment No. 2077, to provide for intellectual property) particularly in Michigan now, as we appropriations for the Low-Income Home En- On page 277, line 18, strike ‘‘activities;’’ are the heart and soul of manufac- ergy Assistance Program. and insert the following: ‘‘activities; pursu- turing, is, as we see our President, our

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.004 S20OCPT1 S11604 CONGRESSIONAL RECORD — SENATE October 20, 2005 Secretary of Treasury, moving forward cutting back on wages. We are talking tion, the great people in my State are in discussions with China and Japan— about changing one’s entire way of life. under the threat of losing their jobs, the President is going next month to In the great State of Michigan we their pension, and their way of life. China and Japan—that we send with make things and we grow things, and I thank my colleagues again for sup- him the strongest possible support, we do it very well. We have been at the porting this amendment. We are at a which this amendment does, for us say- forefront of the economic engine of our place in time, in the history of the ing we need to enforce all of our trade country, just as all manufacturing has country where we have to take very se- laws. We need to make sure we are lev- been. But if we are going to say it is riously what is happening to our great eling the playing field, and we are giv- acceptable now for people to make $10 industries that have created the ability ing every possible fair advantage to an hour and that somehow we can’t for folks to have a good standard of liv- American workers and to businesses. help it, we are going to lose manufac- ing, to have the home and the car, in Unfortunately, we have our trading turing in this country, and we are not my great State the cottage up north, partners—some of our trading partners looking at what we can do to save our the boat, to send the kids to college, right now—who are, in fact, violating way of life. and pay into a pension all their life and our trade laws which is costing us jobs We have to say that every trade know it is going to be there. at home, especially in the great State agreement is one that creates a race That is what is threatened today in of Michigan. This amendment will send up, not a race down, and that we are our country by policies that don’t get a very important message that we going to enforce every trade agree- it. We have to have trade policies that want things like illegal trade practices ment. We are going to make sure other work for American jobs and American regarding currency manipulation to countries are not stealing our patents, workers. We have to have enforcement stop. are not creating counterfeit parts, are of those trade policies. We have to The President’s upcoming trip is a not manipulating their currency or tackle the cost of health care and very important time. Currently, Chi- doing other things that cause us to change the way we do it to get it off nese and Japanese trade policies are have a disadvantage in the market- the backs of our businesses. And we costing us jobs, including our middle- place and to lose jobs. have to make sure that people who class families, because of the fact that I believe so strongly about what have worked all their lives and pay they peg their currency in a way that needs to happen as it relates to manu- into a pension will be able to have that means it costs us more to sell to them facturers. I have concerns when I hear when they retire. than it costs them to sell to us. In my comments such as: We are not going to I thank my colleagues, again, and I State, I have heard from so many busi- be able to manufacture anymore. We yield the floor. nesses saying that the cost differential will have to do something else. The PRESIDING OFFICER. The Sen- has made a huge difference in their An economy has to be based on mak- ator from Missouri. being able to successfully compete on ing things, creating things, not just a GLOBAL WAR ON TERRORISM bids for contracts or to sell their prod- service economy. We have to have a Mr. BOND. Madam President, I will ucts. We know that has been hap- foundation based on manufacturing. take a few minutes to talk about some pening, and we need to stop it. We need Has manufacturing changed? Of course, events that are extremely important— to enforce our trade laws. it has. I invite any colleague to come not on this bill—but I think it is im- We also need to crack down on the join me on any plant floor, and they portant to follow up some excellent re- counterfeiting of American manufac- will see something that is clean and marks made by my colleagues from tured goods. We need to stop the quiet and computerized, with highly Colorado and South Carolina yester- pirating of intellectual property. We skilled workers. Of course, it has day—I have a great professional and have the great brainpower. We are de- changed. Of course, it is high tech. But personal interest in it—and that is to veloping all the new ideas and the new it is still there, and it needs to be recognize a milestone in a very signifi- patents. It is not right—in fact, it is il- there. If we are not serious about en- cant event in the global war on terror, legal—for other countries to be able to forcing our trade laws, creating the the war against Islamofascism. take that information and make prod- right kind of trade laws, we are going This is extremely significant, and yet ucts that compete and undercut us and to lose it and our way of life. That is I do not believe the media has given it cost us jobs. not acceptable. That is why there is the attention it deserves. The mile- Last week, Delphi, which is our Na- nothing more important to me than stone is an achievement that the world tion’s largest autoparts supplier, de- fighting for our jobs and our manufac- would not have thought possible 2 clared bankruptcy, threatening 15,000 turers and making sure that we main- years ago, and it occurred this past jobs in Michigan and more than 33,000 tain the high standard of living that Saturday, on October 15, as the people across the country. In terms of assets, has created this great country. That is of a free Iraq voted in a national ref- this bankruptcy is the largest ever in what this is all about. erendum on their national constitu- the United States, surpassing the reor- Let me mention one area that is so tion. ganizations of Kmart and WorldCom. important to Delphi. That is the area This is a significant milestone no The Delphi bankruptcy should serve as of counterfeit autoparts. We know that matter the outcome of the vote, the a wake-up call to all of us in the Con- right now, according to our auto sup- people of a free Iraq have voted on a gress, in the administration, and in the pliers nationally, we are losing $12 bil- framework of a nation. That is a sig- country, to the fact that we can no lion every year to counterfeit nificant milestone against tyranny in longer tolerate unfair trade practices autoparts. That equates to about our time. and that we need to tackle the cost of 200,000 jobs. We need to say in the It is my hope that the constitution health care and what is happening on strongest possible terms that we expect will pass, and years from now the peo- pensions and make sure our workers do that to stop. It is a jobs issue. It is a ple of Iraq and their children and not lose their pensions in the process of safety issue. It needs to stop. We can grandchildren will know that this was all of this happening. do that. We are not in a weak or hope- a time when the nation was founded in Unless we put a stop to the unfair less situation. We have the ability to freedom, similar to our forefathers, trade practices, our economy will con- stand up, to say to our trading part- who were children in 1776, told their tinue to spiral downward, and I believe ners: It is not acceptable. We will use children and grandchildren after them. we are in jeopardy of losing our way of every tool possible to stop counterfeit The vote on the referendum occurred life. I don’t say that lightly. I don’t say autoparts. We will use every tool pos- with surprisingly little violence. It that to be melodramatic. But when we sible to stop currency manipulation, to drew an encouraging voter turnout. have people working at Delphi being stop the stealing of our patents. This proves that the Iraqi people and told that now in order to compete That is what my amendment address- U.S. forces continue to make great internationally, they have to take poses, sending that word and—not just a strides toward peace and toward de- sibly a 63-percent pay cut—that has word—creating an action. We are be- feating both terrorists and insurgents been in the news, possibly a 63-percent yond just talk. We have to have action in Iraq. I say terrorists and insurgents pay cut—we are not talking about just because every day we do not have ac- because both are active in Iraq, and

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.006 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11605 they are distinct groups. While there Michael Rubin of the American Enter- Zarqawi to remember the power of remains some Sunni Baathists who prise Institute. It is titled, ‘‘With Free- world opinion and the subtleties of po- would like to bring back Saddam and dom Comes Politics.’’ litical influence and media persuasion. who could generally be called insur- Iraqis now see the fruit of foreign invest- Similar to an expert teacher, Zawahiri gents, there is an ever-growing number ment. A year ago in Baghdad, Iraqis drank commends Zarqawi for his enthusiasm of terrorists flooding into Iraq to fight water and soft drinks imported from neigh- and past deeds. Yet he gently persuades what they see as the ultimate jihad, boring countries. Now they drink water bot- him to alter his tactics toward a better legitimated by their extremist inter- tled in plants scattered across Iraq. . . . way. pretation of Islam. Iraq has become Cameras and reporters do not lie, but they Zawahiri asserts in his letter that their Armageddon, as will become evi- do not always give a full perspective. Polit- ical brinkmanship devoid of context breeds while Zarqawi’s violent tactics are jus- dent from my remarks in a few mo- panic. Beheadings and blood sell copy, but do tified, they do not play well in the ments, and they are simply terrorists. not accurately reflect Iraq. Political mile- media. And while he doesn’t object to With regard to the referendum, I stones give a glimpse of the often-unreported beheadings on any moral grounds, he commend U.S. Ambassador Khalilzad determination that Iraqis and longtime visi- notes ‘‘a bullet to the head’’ is more ef- for his tenacity and efforts in the con- tors see daily. Bombings and body bags are ficient and doesn’t invite such negative stitutional process in his final days tragic. But they do not reflect failure. Rath- press. He references Algerian brethren leading up to the referendum that ener, they represent the sacrifice that both who are with him who worry that the abled Sunni, Shi’a, and Kurds to come Iraqis and Americans have made for security and democracy. The referendum, refugee re- war in Iraq could go the way of the Al- together for a vote. Early reporting in- gerian jihad in the late nineties when dicates the constitution will pass, but turn, real estate and investment show much more accurately—and objectively—Iraq’s the radicals lost their support among we have to wait until all the votes are slow and steady progress. the general Muslim population due to counted to make the final call. I be- Madam President, I will insert that their brutal acts of torture. lieve the constitution’s passage will article in the RECORD because that ex- In addition, although Zawahiri de- deal a heavy blow to the Sunni actly reflects the views of the young scribes the Shi’a as ‘‘cooperating with Baathist insurgents who are waging an men and women I know who are serv- the enemies of Islam,’’ he criticizes ‘‘all or nothing’’ fight to regain control ing in Iraq. They see our national tele- Zarqawi for attacking the Iraqi Shi’a of Iraq. It now seems more clear than in ways that will hurt al-Qaida in the ever that the insurgents have to join in vision too often focuses on ‘‘if it bleeds, it leads.’’ If there is a tragic loss of an media, and he recommends Zarqawi the political process if they are going avoid opening too many fronts in the to have any hope of a future in main- American life, that is the only headline, nothing about the progress. But jihad. stream Iraqi civil and political society. He also stresses that political war- While I am pleased to see some mod- there is progress being made, and this election showed it. fare is needed in order to draw in the erate Sunni elements joining the polit- social elites to support their push for ical process, we must be watchful of My satisfaction with the progress in Iraq is not without reservation. I bring an Islamic extremist state. violent groups that may try to expand In effect, Zawahiri recommends that their sphere of influence by estab- to my colleagues’ attention a significant event with positive and negative the wolf put on sheep’s clothing in lishing political platforms in order to order to mask the wolf’s true brutality. legitimize their sinister ideologies. We implications. This is the intercept of a letter written on July 9 by Osama bin To me this is troubling because it illus- have seen this happen before in other trates that we are at war with an areas of the world, such as Sinn Fein in Laden’s principal deputy, Ayman al- Zawahiri, to al-Qaida’s foremost lieu- enemy who is astute, deceptive, and the Irish Republican Army. As the say- wise in the ways of the world and the ing goes: Fool me once, shame on you; tenant on the ground in Iraq, Abu American media and its ability to in- fool me twice, shame on me. Mus’ab al-Zarqawi. The letter was ob- fluence American public opinion. It un- Let us not be shamed by militants tained by U.S. forces in a raid in Iraq who momentarily trade in black hand- this summer but only released by the derscores that this enemy cannot be kerchiefs that hide their faces for fine Government on October 11 in order to negotiated with and will never reform suits simply to gain a stake in the po- avoid the compromise of ongoing oper- its way or be deterred from its path of litical power of their nation. ations. violence. The only option we have with Critics of this administration, along The letter provides a broad look at such an enemy, according to what we with other naysayers, are convinced al-Qaida’s global strategy and plans for have seen, who want to slaughter that several of the constitution’s provi- operation Iraq. The letter underscores American women, men, and children, is sions are politically divisive because that al-Qaida will not relent in pur- to eliminate it. There is no other they grant the Kurds and Shi’a unfair suing its Sunni extremist agenda and choice. That is why we must flush the advantages over the Sunnis regarding reveals that al-Qaida views its jihad in terrorists out and hunt them down. Iraq’s oil and other resources. I note Iraq as the focal point in its efforts to There are some notable positives in that our very own United States oper- create an extremist global ‘‘caliphate.’’ Zawahiri’s letter. The letter dem- ated under the Articles of Confed- President Bush has rightly called onstrates that America’s efforts in the eration for about 7 years, until we were this Islamofascism. This is a war that war on terrorism have been effective in able to draft and ratify a constitution, will go on even after Iraq is stable. hurting al-Qaida and in disrupting its and that Constitution has been modi- Zawahiri writes to Zarqawi: ability to attack the United States and fied, and significantly so, over the God has blessed you and your brothers, its interests. Zawahiri’s statements re- years. while many of the Muslim mujahedin have veal that due to the pressure he feels in We are often too impatient in our longed for that blessing . . . and that (bless- areas around him, he cannot depart his fast-paced, modern world, but let us ing) is Jihad in the heart of the Islamic remote location, a location so remote not forget that democracy takes time world . . . he has blessed you with the splen- that he complains of a lack of access to and requires patient, deliberate action. dor of the spearhead of Jihad. contemporary news reporting on Iraq. Until Iraq’s liberation in April 2003, Zawahiri’s recipe for creating this He also reveals that he is running out Iraq suffered under a ruthless dictator Sunni extremist state is in this order: of funds and asked Zarqawi for $100,000 whose kleptocratic regime offered its evict the Americans from Iraq, create in order to open up new communica- people little more than fear and terror. an Islamic extremist state in Iraq, tions lines that have been shut down Now, for the first time in over 30 years, swallow up Iraq’s neighbors, and then due to the apprehension of al-Qaida we can say that the Iraqi people are destroy Israel. It goes on and on from operatives this past summer. courageously embarking on their own there. Finally, he also expresses concern journey toward political self-deter- The letter reads like a Sunni extrem- over Pakistani military operations in mination and individual freedom, and ist epistle written by a father figure to the tribal area and references the cur- for that I applaud them and am greatly a young leader among the faithful. rent Pakistani Army offensive in satisfied. Zawahiri applauds Zarqawi’s enthu- northern Waziristan. On Tuesday of this week, the Wall siasm and acts of terror that have ad- Well, Allah be praised. We are at a Street Journal had an op-ed piece by vanced their jihad. Yet he cautions crossroads in the war on terror because

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.007 S20OCPT1 S11606 CONGRESSIONAL RECORD — SENATE October 20, 2005 we are at the point where our enemy East game. And in this game, Iraqi factions Mansour and Karrada can cost more than 20 believes we are about to tuck tail and have played the Western media and policy times that. Restaurant owners spend $50,000 run in Iraq. But we must press on. Al- makers like a fiddle. White House pressure, on top-of-the-line generators to keep open Qaida is convinced that America will for example, led U.S. officials to amend the despite the frequent blackouts. In September political process in order to augment the 2005, there were 40 buildings nine stories or abandon Iraq. Zawahiri writes that al- Sunni presence in the Constitutional Draft- higher under construction in the Kurdish Qaida must begin preparing now for ing Commission. Acceding to such demands city of Sulaymani. Five years ago, there what he likens to ‘‘the collapse of is not without cost. Because Iraq’s Sunni were none. Iraqis would not spend hundreds American power in Vietnam—they ran leaders are more Islamist than their Shiite of thousands of dollars on real estate if they and left their agents.’’ counterparts, the increased Sunni presence weren’t confident that the law would protect Running is no option. We must fight eroded the rights of Iraqi women in the con- their investment. on. So I ask today that we continue our stitution’s final draft. Iraqis now see the fruit of foreign invest- support for our troops who are in Some critics still maintain that the ‘‘yes’’ ment. A year ago in Baghdad, Iraqis drank harm’s way, for the intelligence offi- vote may exacerbate conflict. What is needed water and soft drinks imported from neigh- is consensus, they say. On Sept. 26, for exam- cials and aid workers deployed boring countries. Now they drink water bot- ple, the International Crisis Group released a tled in plants scattered across Iraq. When I throughout the globe in the frontlines statement criticizing ‘‘a rushed constitu- visited a Baghdad computer shop last spring, on the war on terror, and I ask that we tional process [that] has deepened rifts and my hosts handed me a can of Pepsi. An Ara- forget not that our struggle is a fight hardened feelings. Without a strong U.S.-led bic banner across the can announced, ‘‘The to the death, for that is how our enemy initiative to assuage Sunni Arab concerns, only soft drink manufactured in Iraq.’’ In sees it. And with every suicide bomber the constitution is likely to fuel rather than August, a Coca-Cola executive in Istanbul who takes more innocent life provides, dampen the insurgency.’’ This NGO be- told me their Baghdad operation is not far they prove to us that they are prepared moaned the referendum as little more than behind. Turkish investors in partnership an opportunity for Iraqis ‘‘to embrace a to die. May we recommit ourselves to with local Iraqis have built modern hotels in weak document that lacks consensus.’’ Basra. this fight to show the world that we But consensus is not always possible. Cameras and reporters do not lie, but they are prepared to fight so that we, our al- Though Sunnis are perhaps 15% of Iraq’s pop- do not always give a full perspective. Polit- lies, and peace-loving peoples of the ulation, they believe themselves to be 50%. ical brinkmanship devoid of context breeds world may live. Any agreement acceding to their inflated panic. Beheadings and blood sell copy, but do Madam President, I ask unanimous sense of power would automatically dis- not accurately reflect Iraq. Political mile- consent that the article I referenced enfranchise the remainder of the population. stones give a glimpse of the often-unreported called ‘‘With Freedom Comes Politics’’ With the collapse of apartheid in 1994, white determination that Iraqis and longtime visi- South Africans had to confront their minor- be printed in the RECORD. tors see daily. Bombings and body bags are There being no objection, the mate- ity status. Iraqi Sunnis must face the same tragic. But they do not reflect failure. Rath- reality. The process may be painful, but jus- rial was ordered to be printed in the er, they represent the sacrifice that both tice, democracy and long-term stability de- Iraqis and Americans have made for security RECORD, as follows: mand it continue. and democracy. The referendum, refugee re- WITH FREEDOM COMES POLITICS Even without consensus, the constitution turn, real estate and investment show much (By Michael Rubin) represents the type of social and political more accurately—and objectively—Iraq’s [From the Wall Street Journal, Oct. 18, 2005.] compromise lacking through the Arab world. slow but steady progress. Members of the Constitutional Drafting On Oct. 15, Iraqis demonstrated that their Mr. BOND. Madam President, I sug- desire to determine the future through the Commission and Iraqi power brokers spent months debating and canvassing constitu- gest the absence of a quorum. ballot box was the rule rather than the ex- The PRESIDING OFFICER. The ception. Arabs, Kurds and Turkmen; Sunnis, ents. Any politician living outside the U.S.- Shiites and Christians—all braved threats of controlled Green Zone—Jalal Talabani, clerk will call the roll. violence to vote. The vast majority voted in Abdul Aziz Hakim and Ahmad Chalabi, for The assistant legislative clerk pro- favor of the constitution. But whatever their example—had his parlor filled with Iraqis ceeded to call the roll. positions, Iraqis considered their decision from different cities and of various ethnic Mr. COBURN. Madam President, I carefully. The referendum campaign was ac- and sectarian backgrounds until the early ask unanimous consent that the order hours of morning. These Iraqi petitioners tive. Dueling commercials and newscasts for the quorum call be rescinded. sought to sway the Iraqi vote. Such is the voiced interests and demands diametrically opposed to each other. Consensus was not al- The PRESIDING OFFICER. Without nature of politics in a country no longer sub- objection, it is so ordered. ject to state-controlled media. ways possible, but compromise was. As with Some read the constitution. They voted for the constitution, the nature of compromise Mr. COBURN. I would like recogni- or against federalism. Some marked their is a result ideal to none but fair to all. tion to speak. ballot on the basis of how closely they The referendum result again demonstrates The PRESIDING OFFICER. The Sen- wished religion to be mixed with govern- that American policy- and opinion-makers ator from Oklahoma. ment. Others did not read the document but are more pessimistic than are Iraqis. Part of Mr. COBURN. First of all, let me the problem is that Pentagon officials and learned about it on television, in newspapers align my words with the words from and even by text messaging, the latest me- journalists alike chart Iraq’s success dium employed by Iraqi politicians to reach through misguided metrics. Counting car the Senator from Missouri on the war constituents. Security, rather than content, bombs does not demonstrate progress or lack on terror. He is absolutely right. This was a determinant for some. They voted thereof in Iraq. Objective indicators show is a war for our survival. It is focused ‘‘yes’’ to avoid the chaos of failure and the that Iraqis have confidence that did not exist in three or four areas in the world prolongation of occupation. prior to liberation. today, but if we don’t win, it will be in The referendum capped a constitutional According to an Aug. 16, 2002, commentary many more areas throughout the rest in the Guardian—a British newspaper that drafting process over which Western com- of the world. mentators and diplomats had been quick to often opposes U.S. foreign policy—one in six panic. They misunderstand that with free- Iraqis had fled their country under Saddam. The sacrifices are great for our men dom comes politics. The same U.S. senators Millions left because of war, dictatorship and and women who are serving our coun- who debated the ‘‘nuclear option’’ for judi- sanctions. Today, several hundred thousand try and those in ancillary roles, but cial nominees failed to recognize political have returned; only the Christians still that is what our country has been brinkmanship among their Iraqi counter- leave. If Iraq were as chaotic as the media made of—of sacrifice to preserve free- parts. implies, it would export refugees, not reset- dom. Many U.S. policy makers worry that dis- tle them. I wish to speak first before I offer gruntled Sunnis may turn to violence if their Other indicators suggest Iraqis have con- demands aren’t met. But there is no evidence fidence in their future. The Iraqi dinar, free- some amendments to this bill about to support the conventional wisdom that in- ly traded in international currency markets, something that has been troubling me surgent violence is tied to the political proc- is stable. and the people from Oklahoma and ess. Insurgents have not put forward any When people fear for their future, they in- many of the people across this country platform. By denying the legitimacy of the vest in gold; jewelry and coins can be sewn for a long time. The question is, Why state, pan-Islamic rhetoric is a greater af- into clothes and smuggled out of the coun- should we be troubled? Because all front to Iraqi nationalism than the presence try. When people feel confident about the fu- change starts with a distant rumble, a ture, they buy real estate. Property prices of foreign troops on Iraqi soil. It is no acci- rumble at the grassroots level, and if dent that Iraqi Sunnis have started killing have skyrocketed across Iraq. Decrepit foreign jihadists. houses in Sadr City, a Shiite slum on the you stop and listen today, you will Nevertheless, implying violence to be the outskirts of Baghdad, can easily cost $45,000. hear such a rumble right now. That result of demands not met is an old Middle Houses in upper-middle-class districts of rumble is the sound of hard-working

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.008 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11607 Americans who are getting increasing for us to do the right thing. They The Senator from Oklahoma [Mr. COBURN] ingly angry with out-of-control Gov- know it will not happen, so they are proposes an amendment numbered 2084. ernment spending, waste, fraud, and working at the grassroots level to get At the appropriate place, insert the fol- abuse. It is the sound of growing dis- the job done themselves. lowing: People are working to change the SEC. ll. Any limitation, directive, or ear- illusionment and frustration of the marking contained in either the House of American people. It is the sense of in- rules in States all across this country. Representatives or Senate report accom- creasing disgust about blatant over- A group called Americans for Limited panying H.R. 3058 shall also be included in spending and our ability to make the Government is one of the groups lead- the conference report or joint statement ac- tough choices people on budgets have ing that charge. In my home State, companying H.R. 3058 in order to be consid- to make each and every day, our in- they are working with the local group ered as having been approved by both Houses ability to make priorities the No. 1 pri- called Oklahomans in Action to put the of Congress. ority rather than spending our children stop overspending initiative on the bal- Mr. COBURN. Madam President, this and grandchildren’s future. That is a lot. There are similar efforts in the amendment has been voted on twice in rumble of frustration that is getting works in Nebraska, Nevada, Maine, the Senate. It has been accepted by two louder. In fact, I hear it right now. Michigan, and dozens of other States. other subcommittee chairmen. It is a That is because I am listening for it. And committees full of outraged citi- very simple amendment that the Amer- We should all listen for it. If we don’t, zens are forming as we speak because ican people want. It says we ought to the voters will decide the changes that of our inability to control the ever- know what we are voting on. When a will come. And I can’t say that I blame growing appetite of the Federal Gov- bill comes from the House, it has cer- them. ernment and the State governments. tain earmarks and special things in it. Politicians have been trying to buy The stop overspending initiative is The Senate produces a bill based on reelection by sanctioning more and simple but powerful. It puts a cap on that bill that goes to conference, and more spending for years. Since 2000, how fast governments can grow. It earmarks and additional things are discretionary spending in this country holds the elected representatives ac- placed in that bill as well as the House outside of defense and outside of home- countable to the same budgeting stand- original earmarks. land security has grown by 33 percent, ards that work in the real world, the It comes back out in a conference re- and that does not include any of the standards that families, businesses, port for us to vote on, but there is no $400 billion in emergency designations and individuals have to live by every clarity to list in that conference report that have been passed by the Congress day. And most importantly, the stop where the earmarks, the actual items and signed by this President. We have overspending initiative is a tool for that have been directed by Members of the very great prospect that the spend- American citizens to regain control of Congress, are going.They are in there. ing over the last 5 years and the next 3 their State governments. I personally Can you dig them out? It takes about 4 years will be the greatest growth in applaud this initiative. days to dig them out. This is a very simple amendment. All Federal spending ever in our history in In the coming year, millions of peo- it says is we ought to know what we terms of percentage increase and speed ple in a dozen States will be using are voting on. It is not to say the ear- and velocity of spending increases. And these initiatives to change the rules of marks are bad or good, it is to say they we will have made it possible when we their State government and to show ought to be out there so we can discuss should have been fighting it every step their State representatives and State them. If somebody has an earmark, of the way. senators and assembly men and women that Senator ought to be proud enough I am not here to remind us about the who is really in charge. These groups to stand up and defend it if there is Alaska bridge to nowhere, although I are getting an incredible response, and criticism of it. It is about good govern- will have an amendment on that later, the reason why is simple: The Amer- ment, about shining a light on govern- or the countless earmarks and pork ican people are absolutely furious at ment so we know in fact what we are projects that sail through this Cham- the waste, fraud, abuse, and out-of-con- voting on when we vote on a conference ber every year. Everybody knows about trol spending they see every day, not report on an appropriations bill. that. Many of them are great projects, just here in Washington but in their own State government. I have been told by the chairman they are needed, they are necessary. that this is probably acceptable. I They just may not be in the best pri- We need to wake up. I say let us change first. Let us find our will. No await his response. At the last vote on ority for our Nation at this time. this amendment it passed by 55 to 39 on That is what I am hearing. What I more low-priority projects in the face of half-trillion-dollar deficits, no more the Agriculture appropriations bill. It am here to tell you is that the rumble was accepted by unanimous consent to against spending is getting louder. Peo- exorbitant bridges to nowhere. Speak- ing of bridges, that is where this Con- the Military Construction bill, as well ple are fed up. All across the country, as the Department of Defense appro- Americans are rising up against Gov- gress will be, on a bridge to nowhere if we do not gain control of ourselves. priations bill. This amendment has ernment overspending. They are tired been endorsed by several outside of hearing about perpetual budget cri- And if the voters finally rise up and reject us as the Congress that spends too groups, and it is included in ratings of ses when tax revenues keep rising fast- Congress by the American Taxpayers er and faster. They are tired of the dis- much, we will have gotten what we deserve. You don’t need to take my word Union. honesty of the budget process where we The PRESIDING OFFICER. The Sen- for it. Just take a minute and listen to say we have a $320 billion deficit, and ator from Missouri. yet the debt to our children and grand- the voices of the people we represent. Mr. BOND. Madam President, we children rises by $600 billion because They are ready to rumble. They are would like to consider this amendment. everything is done in an emergency getting louder. Are we listening? I ask it be set aside until we see how and does not follow the appropriations AMENDMENT NO. 2084 the operations work with the rest of and budget process. (Purpose: To require that any limitation, di- the amendments. This may be relevant They know that for every dollar of rective, or earmarking contained in either the House of Representatives or Senate re- to the others. I ask unanimous consent increasing tax revenues, we have, both we set this amendment aside tempo- Republicans and Democrats, found a port accompanying this bill be included in the conference report or joint statement rarily. way to spend another $1.25. That is the accompanying the bill in order to be con- The PRESIDING OFFICER. Without crisis. It is a spending crisis. It is a sidered as having been approved by both objection, it is so ordered. lack of oversight crisis. It is a crisis of Houses of Congress) The Senator from Oklahoma. our will. Do we have the willpower to Madam President, I call up amend- AMENDMENT NO. 2087 stop overspending, to make the hard ment No. 2084. (Purpose: To limit the Department of Hous- choices about priorities that the Amer- The PRESIDING OFFICER. Without ing and Urban Development’s funding for ican people expect of us? If we don’t, objection, the pending amendments are conferences) the people certainly do. That is why set aside. The clerk will report. Mr. COBURN. I call up amendment there is a rumble building across this The assistant legislative clerk read No. 2087 and ask the pending amend- country. The people are tired of wait- as follows: ment be set aside.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.009 S20OCPT1 S11608 CONGRESSIONAL RECORD — SENATE October 20, 2005 The PRESIDING OFFICER. Without tory of HUD, in 2001 they spent $3 mil- questing information on conferences spon- objection, the pending amendment is lion on conferencing. Last year they sored by the Department of Housing and set aside. spent $13.9 million on conferences Urban Development and other conferences in The clerk will report. around the country. which HUD has participated. The assistant legislative clerk read I ask unanimous consent to have Enclosed is a report providing the amount as follows: printed in the RECORD a table showing of funding HUD has spent on conferences; a The Senator from Oklahoma [Mr. COBURN] the dollar amounts spent on HUD con- listing of conferences HUD has participated proposes an amendment numbered 2087. ferences from 2002–2006. in; and an estimate of what the Department On page 348, between lines 5 and 6, insert There being no objection, the mate- expects to be expended on conferences in Fis- the following: rial was ordered to be printed in the cal Year 2006. SEC. 321. LIMITATION ON FUNDING FOR CON- RECORD, as follows: FERENCES. The Department appreciates the oppor- DEPARTMENT OF HOUSING Of the funds made available for the Depart- AND URBAN DEVELOPMENT, tunity to provide this material to you. ment of Housing and Development under the Washington, DC, September 29, 2005. Thank you for your interest in HUD. heading ‘‘Management and Administration, Hon. TOM A. COBURN, MD, Sincerely, Salaries and Expenses’’ in this title, not to Chairman, Subcommittee on Federal Financial STEVEN B. NESMITH, exceed $3,000,000 shall be available for ex- Management, Government Information, and Assistant Secretary for penses related to conferences, including for International Security, Committee on Home- Congressional and conference programs, staff time, travel land Security and Governmental Affairs, Intergovernmental costs, and related expenses. U.S. Senate, Washington, DC. Relations. Mr. COBURN. Madam President, this DEAR MR. CHAIRMAN: On behalf of Sec- is a very simple amendment. In the his- retary Jackson, thank you for your letter re- HUD SPONSORED AND PAID CONFERENCES [Dollars in millions]

Estimate Actual Categories 2005 2005 2004 2003 2002 2001

Salaries & Overtime (1100) ...... $6,360,929 $6,855,877 $6,329,342 $5,517,003 $1,892,353 $837,878 Travel (2100) ...... 1,465,925 829,800 1,082,860 849,493 707,924 371,972 Rent & Communication (2300) ...... 23,930 12,819 27,007 4,340 107 4,073 Printing (2400) ...... 177,250 58,577 164,466 36,320 45,040 13,464 Contractual Services (2500) ...... 2,092,211 1,786,362 2,361,454 2,223,791 1,852,935 198,213 Office Supplies (2600) ...... 34,479 3,430 65,712 1,528 3,818 826 Equipment (3100) ...... 5,000 3,750 3,000 ...... 4,045 S&E Totals ...... 10,159,724 9,550,615 10,034,141 8,632,475 4,502,177 1,430,471 Program Funds ...... 2,200,286 4,357,678 2,636,826 292,077 1,201,532 1,730,274 Total ...... 12,360,010 13,908,293 12,670,967 8,924,967 5,703,709 3,160,745

Mr. COBURN. I also note, with the ferences. Therefore, on our side we ac- SEC. 321. SEATTLE ART MUSEUM. advent of modern technology and video cept the amendment. None of the funds made available for the conferencing, 90 percent of these con- Department of Housing and Urban Develop- The PRESIDING OFFICER. The Sen- ment under the heading ‘‘Community Devel- ferences could have occurred without ator from Washington. opment Fund’’ in this title, shall be avail- travel costs, without hotel costs, with- Mrs. MURRAY. Madam President, we able for the Seattle Art Museum in Seattle, out face-to-face meetings. In fact, we are able to accept this amendment on Washington for the construction of the didn’t use the technology available. We our side as well. Olympic Sculpture Park. spent tons of money traveling around The PRESIDING OFFICER. The Mr. COBURN. Madam President, in the country holding conferences, not question is on agreeing to the amend- our country today we face the largest necessarily that were bad in their con- ment. natural disaster we have ever seen. We tent or their intent but which were The amendment (No. 2087) was agreed have already allocated $62 billion for wasteful in the way they were ar- to. that—which we did not pay for. It is to- ranged. Also, I suggest that a 400-per- Mr. BOND. Madam President, I move tally going to be paid for by our chil- cent increase in conferences in one to reconsider the vote. dren and our grandchildren. We will area, one agency of the Federal Gov- Mrs. MURRAY. I move to lay that not pay a penny of that. We have a war going on for which we ernment, shows that either they were motion on the table. are going to have to provide additional doing a very poor job in 2001, or it is The motion to lay on the table was supplemental spending, of which we out of control. agreed to. This is a very simple, straight- will pay for none in terms of the sup- Mr. COBURN. I thank the ranking plemental, which debt we will transfer forward amendment. Before Hurricanes member, the Senator from Washington, Katrina and Rita struck, 737,000 Ameri- to our children. for that. This is probably a very worthwhile cans were identified as being homeless AMENDMENT NO. 2091 project, but this is about priorities. I as reported by HUD. Earlier this think it is probably a great project. In month, the Acting Director of FEMA (Purpose: To prohibit any funds under the Act from being used for the Seattle Art the State of Washington alone there told the Senate committee that be- Museum in Seattle, Washington for the are 17,590 homeless people, and we are tween 400,000 and 600,000 displaced construction of the Olympic Sculpture going to take money from Housing and households in Louisiana and Mis- Park) Urban Development and we are going sissippi alone will need long-term hous- I have an amendment numbered 2091. to build a sculpture park. I think that ing. I know this is important to the Sen- is not the right priority. It may be a With the problems before us today, ator from Washington. I call it up and good idea, but the priority is certainly certainly we can use the latest tech- ask unanimous consent to set aside the out of line with what the fiscal needs nology and trim back the excessive pending amendment. are, and certainly out of line with the growth in conferencing that is used by The PRESIDING OFFICER. Without expectations of the American people on the Housing and Urban Development objection, it is so ordered. The clerk how we are spending their money. Department. will report. A little background: The Seattle Art I urge the adoption of the amend- The assistant legislative clerk read Museum just received a $300,000 grant ment by unanimous consent. as follows: from the Getty Museum in Los Ange- Mr. BOND. Madam President, we The Senator from Oklahoma [Mr. COBURN] les. It is a well-established museum, share the concerns of the Senator from proposes an amendment numbered 2091. well-funded, with good assets. The Oklahoma. I think there are more effi- On page 348, between lines 5 and 6, insert question is not whether we should be cient ways for HUD to conduct its con- the following: building a sculpture park. The question

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.010 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11609 is, Is the time to do it today? In a time if the Senator from Oklahoma would nity leaders, local elected officials, of war, in a time of deep, true budget voluntarily agree to that. concerned citizens, people who are try- crisis, $600 billion—that is what our The PRESIDING OFFICER. The Sen- ing to build a stronger community. Do real increase in Federal debt was end- ator from Oklahoma. they need a community health center? ing September 30. It increased $600 bil- Mr. COBURN. Madam President, I I have helped them get community lion—should we spend half a million suggest the absence of a quorum. health centers. Do they need some- dollars on a sculpture park? I think The PRESIDING OFFICER. The Sen- thing to help create jobs? Do they have not. I think most Americans would say ator from Missouri does have the floor projects which are properly supported not. I think some people who are very at this time. by Federal funds that we make avail- closely aligned with this museum, the Mr. BOND. Madam President, I will able through the Economic Develop- Seattle Art Museum, would agree with be happy to talk with the Senator later ment Initiative? Yes, in many in- that, but I think the vast number of about that. Let me continue with some stances they are. Do they have projects Americans would say now is not the of the comments that I have in general, which require ground transportation time to do that. that are applicable to all these amend- which are properly funded by the rail I also remind our fellow Members ments. transportation funds we have in this that if you read the Constitution, there Within this budget, in our committee bill? Do they need water and sewers? I are great difficulties—regardless of and other committees, we have identi- have been through many small commu- what our history has been—justifying, fied at the request of many Senators in nities. I hate to tell you that you can looking at the Constitution and saying the States, including the State of Okla- in the summer tell by the smell that this is a role for the Federal Govern- homa, including the States of Alaska, they do not have an effective waste- ment. That rumble I spoke about— Washington, Missouri—priorities in the water treatment system. They have these are the types of things the Amer- report to be eligible for funds under the waited in long lines for public health ican people see that we do not need to Economic Development Initiatives Ac- treatment, and we have helped them spend money on, when we are asking count, subject to Department review. get the water treatment systems they them and their children and their My colleague, who is the author of this need. This, I believe, is a legitimate grandchildren to have a lower standard amendment, proposes that these are function of the Federal Government— of living in the future because we are necessarily bad. I suspect, if we looked deciding where the highest priorities not responsible today. State by State, we would have 100 dif- are. It is probably a great project, but not ferent definitions of how precisely to When I am up here working, I have a now, not at this time, and not with prioritize these initiatives. dedicated staff back home who visits Federal money. When we have so many The suggestion here is that Senators every county in the State at least people hurting in Mississippi, so many should not have any say in what is im- once, and many others several times a people hurting in Louisiana, so many portant in their States. My profession year. I visit every county in my State people hurting in Alabama, we are is serving the people of Missouri. I have and every city in my State every term going to take funds from them? That is been doing it for 27 years now. I do not I serve in office. I hear from them— where it is going to come from. It is have the skills or the expertise that leaders in the community, the people going to come from them because we the author of this amendment does. He, who are concerned about the particular are going to spend more to pay for as I understand it, is a fine obstetri- problems and how best to solve those. those problems that we are encoun- cian. His commitment is to a high hu- That is where I come back and say tering in those three States from Hur- manitarian calling, serving people in that from the EDI funds, from a por- ricanes Katrina and Rita, and we are the obstetrics field. Certainly that is a tion roughly about 5 percent of the going to take it away and say we are fine profession. community development block grants, going to charge it to our grand- I envy his ability to deliver assist- we will designate some of these high- children. ance and deliver babies. We need pro- priority needs which must be met for We have a credit card going right fessionals of this type. That is his pro- the good of the community and where now. We need to stand up and say cer- fession. My profession is very different. we can help meet them through the ad- tain things we cannot do right now. I don’t have the skills of a physician or dition of Federal funds targeted to They are not bad ideas. It is just that an engineer or a physical scientist. My those areas. now is not the time. job, my profession, is serving the peo- I believe it has been successful. The I ask unanimous consent this amend- ple of Missouri. And as I have said, I do people of Missouri think it is success- ment be agreed to. If not, I ask for a it proudly, this being my 27th year, I ful. I know the Senator from Wash- vote on this amendment at the proper believe. In that time, I have found that ington does the same thing. The Sen- time. if you listen to the people of Missouri ator from Washington listens to her One other thing I would like to say. you learn a lot. You learn about the people. She knows how to build a Seattle, WA, is ranked No. 2 in the Na- needs of veterans. We have done things strong community in the State of tion for food insecurity. What is more nationwide to serve veterans. I have Washington. I believe that is her job. I important, feeding people and housing been honored to be recognized by the wouldn’t propose to go in and tell her people, or building a sculpture park? It Veterans of Foreign Wars. what is a good use of the Economic De- is hard to figure out how in the world We have found out how important velopment Initiative or community de- we can say that is a more important children’s hospitals are, and we have velopment block grants in Washington. priority and take a half million dollars worked to help children’s hospitals. I She has to answer to the people of out of HUD and spend it on something am very grateful for the recognition Washington. Far be it for me to tell her that is such a low priority. from children’s hospitals, and from in- what is good for the State of Wash- With that, I yield the floor. home health care, which is very impor- ington. The PRESIDING OFFICER. The Sen- tant, and from early childhood edu- When the Senator from Oklahoma ator from Missouri. cation, for which my initiatives have asked me for something that is a high- Mr. BOND. Madam President, I see won national acclaim. priority project in his State, if it fits the Senator from Oklahoma has essen- In addition to these matters that af- within the guidelines, I am happy to tially proposed five amendments which fect the entire Nation, I have com- help that Senator determine what is all seek to do the same thing, amend- mitted myself to trying to build strong best in Oklahoma. But I don’t need a ments Nos. 2089, 2090, 2091, 2092, 2093. communities throughout Missouri. Senator from Oklahoma telling me These essentially are targeted at eco- I know the distinguished Senator what is good in Missouri or telling the nomic development initiatives. from Oklahoma practices medicine, Senator from Washington what is good I wonder if we might have a full de- which is a wonderful practice, and does for the State of Washington. We be- bate on all of them and combine them so with skill and provides a tremen- lieve our job is to serve and represent into one amendment so we could spare dous benefit. But do you know what I and listen to the people of our States. our colleagues having to have rollcall do when we have time off? I travel I believe a vast majority of the Sen- votes on five? Through the Chair, I ask around the State. I meet with commu- ators in this body know their job is to

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.013 S20OCPT1 S11610 CONGRESSIONAL RECORD — SENATE October 20, 2005 serve their States, whether it is a vote hosts, but it would be a better headline bill. I will be happy to afford the Sen- on national legislation, whether it is a if the Senator were actually attacking ator that courtesy, and we will spend a vote on something that is very impor- a project in his State. If he thinks that lot more time on appropriations bills. tant to their people, whether it is na- appropriations for museums is so bad, But what we need to talk about is the tional, or whether it has to do with a what about the money in there for the priorities in this country of how we get specific activity within their State Ponca City Indian Museum? Does he out of the financial mess we are in. that they want to support. I think that feel that is an appropriate priority for Mr. BOND. Will the Senator yield? is our job. That is our profession. We the State of Oklahoma? He can answer Mr. COBURN. I will be happy to yield stand for reelection based on how well that. I think that would make an even in a moment. we serve our people. I am grateful for better headline. I understand the importance of Sen- the tremendous honor and privilege I But I am not interested in getting ators directing the bureaucracy. The have been given by the people of Mis- headlines for something that doesn’t problem is the bureaucracy is too big. souri. They know I am not a physician; save money in the budget. I am more Instead of us doing the oversight we they know I am not a physical sci- interested in what people say, what the need to be doing to control the bu- entist, but they know I am here to Cape Giradeaux Southeast Missourian reaucracy so they have a priority, we serve and represent them. or the Joplin Globe or the St. Joe News supersede it because we don’t want to The suggestion appears to be that Press say about what the needs are in do the hard work of oversight, of hold- none of us as Members, those of us who their State—not what somebody in ing them accountable. We need to be work through our State and who listen New York or in California says about doing oversight. We need to be looking to the people of our State, should have the projects. I know my colleague from at every individual. any say in what their priorities are. Washington surely will have something I will match my service as Senator, That suggests that the Senators are to say about that. both for my constituency and my serv- not in touch with the priorities of their I yield the floor. ice in terms of my field representatives own State. I don’t believe that is true The PRESIDING OFFICER. The Sen- and the work they do. I will match my generally. I know it is not true in Mis- ator from Oklahoma. service in terms of traveling and lis- souri. I believe it is not true in Wash- Mr. COBURN. Madam President, I tening in Oklahoma. I have been in ington. My colleague can speak to ask the Senator from Missouri a couple every area of Oklahoma the first 9 that. of questions. months of this year—every area. I have It might be that some Senators are Has he or any of his staff ever re- missed four counties. too busy to understand or consult with ceived requests from me for any ear- The implication that I don’t listen, their communities. But I understand mark or any project whatsoever? the implication that I don’t work in what my State’s needs are. I aggres- Mr. BOND. No. my Senate position I take offense to. I sively consult with leaders in my Mr. COBURN. Has any other appro- will tell that to the Senator from Mis- State. It might be some Senators be- priations chairman ever received an souri. Nobody will outwork me in my lieve that maybe the bureaucrats at appropriations request or earmark job; nobody. I will do what is necessary the agencies understand their States from me from any other area? to do what I believe the people of Okla- better than the Senators themselves. I Mr. BOND. I have no knowledge. homa sent me here to do, which is to do not believe that should be the case Mr. COBURN. The answer to that is help turn around the ship that is going because I spend more time in the State no. to drown our grandchildren financially. than I do here. I travel as many miles The Senator said earlier to me pri- We can try to relate the sculpture as I can squeeze into a schedule. vately that this is a battle about phi- park to a water treatment plant, but The amendments from the Senator losophy. I agree; it is. The oath we everybody in the country knows there from Oklahoma don’t save money. take has no mention of our State. The is no connection between those two. They just say that a Senator shall not oath we take is to defend the Constitu- There are necessities of life, there are be able to determine what is a priority tion and do what is in the best inter- priorities, and actually the debate is need in his or her State. Do you know ests of the country as a whole. It is a about priorities. It is not about wheth- something? I happen to think a Sen- philosophical difference. er a Senator should be directing things. ator who is doing his or her job prob- I am somewhat hurt by the inference I haven’t said don’t direct anything. I ably has as good an idea and should that I don’t listen and I don’t travel. I said there are earmarks that should have a better idea of what is an impor- traveled 4,500 miles, I have done 67 not be in this bill because they are not tant priority than some bureaucrat in townhall meetings, and the biggest proper at a time when we have such fi- HUD who will otherwise be spending criticism anybody ever has of me is nancial difficulties. If we were in sur- that money. that I work too much—not too little. I plus, I wouldn’t be here mentioning Mr. COBURN. Madam President, will listen to the people of Oklahoma. The even one of these projects, not one. But the Senator yield? campaign promise I made to the people we are not in surplus. Mr. BOND. I will finish shortly and of Oklahoma who sent me here by a 12- We can deny the fact that the true then I will be happy to answer ques- point advantage was that I will bring add to the debt was $.6 trillion—$600 tions. nothing home to Oklahoma until the billion. That is $2,000 per man, woman, Again, I am not afraid to say that I budget is balanced. That is the philos- and child this year that we added to know more about the needs of my ophy the American people are looking their debt; $2,000 for every little baby I State than the ‘‘U.S. Department of for. There is no priority if we continue might deliver, or every grandmother I Anything.’’ I will be happy to be judged to steal the future of our children. might care for. on that. I had no idea the Ponca City Indian To correct the Senator, I am an ob- I know we ought to be reducing budg- Museum was in there. You will get an stetrician but I am also an old-time et spending. According to the Budget amendment quickly to get that out. I GP. I care for Medicare, I care for little Committee, we have defeated attempts had no knowledge it was there. My sen- kids, I care for old people, nursing to waive the Budget Act and have ior Senator must have put that in home people, and I listen. I tell you achieved reductions and savings of there. I have no problems with the that when I practice medicine on Mon- some $170 billion this year alone. I have same standard being applied to Okla- day mornings before I come up here, I provided recommendations to our homa as it is to everyone else. get an earful. What I am hearing is, Budget chairman for making signifi- This isn’t a water treatment pro- shape up, start doing the priorities we cant reductions. We are waiting for the gram. This is a sculpture park. All I want you to do. Make the tough deci- leadership and the reconciliation bill am saying is it may be a good idea. sions. to decide how we save money. There are hundreds of other things I It is easy for me to earmark some- But this amendment and the others would love to take the time to discuss thing in Oklahoma, isn’t it? If I come like it makes excellent headlines and on the Senate floor—and I will if you to the Senator—maybe not after this they will be welcomed by some news- all insist on having a debate about discussion this morning, but nor- paper editorials, some talk radio show every earmark in the appropriations mally—this may have something to do

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.014 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11611 with the St. Louis Cardinals last night. Budget. We are staying in line with the Senator from Washington to debate I don’t know. My condolences. They what the Committee on the Budget has this with me as well, and after that, I are the best team in baseball. I give my proposed. The Committee on the Budg- will suggest the absence of a quorum so condolences to the Senator. I am sorry et may come back with a recommenda- we can discuss the other amendments. the Cardinals aren’t there. I hope that tion, which I will be for if it cuts every- The ACTING PRESIDENT pro tem- will impact his collegiality today as we thing fairly. pore. The Senator from Washington. go through all these amendments. We are talking about how money is Mrs. MURRAY. Mr. President, I rise However, the American people expect actually spent, economic development today to join Senator BOND in strongly Congress to start doing a better job initiatives. Yes, they can go to things opposing the Coburn amendment and about priorities. I didn’t say anything like parks if they have them in com- the numerous other amendments he about cutting out all community devel- munities. And the question is, Who has filed with the same type of philos- opment block grants. I haven’t said makes those decisions? Well, for those ophy, as he calls it, in the Senate. anything about that. decisions in Missouri, I spend enough I join with my colleague from Mis- The amendments I will have today time and my people spend enough time souri, the chairman of this committee. are very specific amendments. I try to that I want a say in how funds are I, like him, go home every single week- run from the press. I am not trying to spent because I talk to and listen to end to Washington State, which is 2,500 get in the press. What I am trying to those people. I hear what their requests miles away from the Nation’s Capital. do is start down a road that says if we are. It is a small fraction of the Fed- I, like the Senator from Missouri, do want to be here and govern, we ought eral money that goes to the State. not believe the bureaucrats sitting in to start listening to the overall trend But I am proud of the progress we Washington, DC, know what is hap- of the American people and our oath of have been able to make by supporting pening on the ground in my home office. What is that oath? That oath is local initiatives through EDI funds. State 2,500 miles away from here. I am to follow the Constitution and follow HUD bureaucrats make some good de- out there. I am out in every commu- that Constitution to represent this cisions. If we cut all these out, they nity, talking to people, listening to country in its best long-term—not will make all the decisions. They may them, knowing what their concerns short-term, not for me to get reelected, make some good ones, they may make are, knowing what they are developing but what is in the best long-term inter- some bad ones, but in Missouri, I can within their own communities, within est of our country. make those better than a bureaucrat. their own cities, within their own capa- How can anyone say today, with $600 That is what we are talking about. We bilities, to help stimulate the economy billion added to our grandchildren in are not going to save a nickel. If any of and to do good things. It is my job to terms of debt, with a war going on, these are agreed to, we will distinguish be their partner in that. I tell them with Katrina going on, with a hurri- between the philosophies of service. that all the time. You get it going on cane coming to Florida, that we ought The Senator from Oklahoma has elo- the ground here, you develop the to spend half a million building a quently stated his philosophy. He be- projects, you get the consensus within sculpture park in Washington State? I lieves we ought to restrain spending. your own communities, and I will do can’t see that anybody would agree to And I agree: we ought to restrain what I can to get some small part of that. It is a wonderful idea, but not spending. The question is, How do you help from the Federal Government. now. There are other ways to build prioritize the spending in the budget? That is how I, like most Senators in this—contributions, State funds. There That is where we have a disagreement. the Senate, am sent projects. is a potential that this will still get We will have an opportunity for our Last year, I was in Yakima Valley built even if we do not send money, but colleagues to determine which philos- and talked to our farmers out there. that ought to be a priority the people ophy they agree with. Do you want the This is a remote community. They are of Washington State make, not that we bureaucrats solely to make the deci- struggling with putting together a make, to take the Federal taxpayer sions, or should Senators be able to in- clinic. I talked to them. They devel- dollars from the rest of the country fluence a small portion of those? That oped the ideas at the local level and and say we are going to do that. is the question, quite simply. It is not put together a building, a job training I yield to the Senator from Missouri. about saving money it is about who center, to assist our State’s large farm- Mr. BOND. Madam President, before makes those decisions. We have two worker community to help further I turn it over to the Senator from very different philosophies. their education and acquire some crit- Washington, as I said to the Senator, I have great respect for my colleague ical new skills. This was an important we have a difference in philosophy. I from Oklahoma. He has offered a dif- project for them. I was able to come commended him publicly for his tre- ferent philosophy to his people in being back here and partner with $500,000 mendous service to Oklahoma—specifi- elected than I have offered to my peo- from the Federal Government to help cally the fact that he continues his ple in Missouri who have elected me. stimulate that project to make sure it practice of obstetrics. However, we The ACTING PRESIDENT pro tem- was going to succeed. have very different philosophies on how pore. The Senator from Oklahoma. Another time, I was traveling in King we serve our people. Mr. COBURN. Mr. President, I agree County, talking to community leaders If he has told the people of Oklahoma with the Senator that we ought to be there who were working to fund a how he is going to serve Oklahoma, involved in where the money is spent. Greenbridge community center in the that is fine. I have told the people of As a matter of fact, we ought to be so heart of an exciting Hope VI project Missouri how I am going to serve Mis- involved that we ought to write the that is bringing affordable housing and souri. I believe I am living up to that. bills much more specifically, all the economic development to one of the Now, I don’t say that he isn’t living up way down to the job and the title. One poorest communities in King County. I in any stretch of the imagination to of the things we do not do—we leave came back here. It is my job to rep- the pledge he made to the people of too much open to bureaucrats. resent a State that is thousands of Oklahoma. What I am saying is, I am In contrast for a minute, I agree this miles away from here, and I flew back not going to tell the people of Okla- will not reduce the spending. But and said I will do my part to help with homa how their Senator should behave. $500,000 that is going to go for a sculp- this important project. And we were I expect the Senator from Oklahoma ture park means $500,000 that will not able to get $500,000. would not be telling the Senator from go for a water treatment plant or will Today, the Senator from Oklahoma Missouri how to behave. not go for housing for somebody who has targeted another project that I sat If he is talking about saving money, has a need for housing. It will not ac- down and discussed with local commu- this does not cut the budget. The CDBG complish the positive benefits the HUD nity leaders. I didn’t come up with pot is 8 percent lower. The Senator bill is designed to accomplish in the this. This came from the heart of my may or may not have been in private first place. local community because they are sessions when I proposed a major I thank the Senator from Missouri working very hard in an urban core in means of reducing the budget to be for his debate. I again request a vote on the city of Seattle to turn a brownfield considered by the Committee on the this amendment. I am willing to allow into a hub of activity. It is a project

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.015 S20OCPT1 S11612 CONGRESSIONAL RECORD — SENATE October 20, 2005 that is stimulating jobs and invest- funds have to be used for capital exam willing to spend more than he does. ments. That is exactly what this EDI penses rather than operating costs. He cuts those budgets. And we have program is intended to do. We didn’t None of the funds are dedicated to for- done so this year. need to cut investments to clean up profit entities. The vast majority are It is a very tight budget year. Our brownfields to produce jobs. We need dedicated to projects in underprivi- committee is operating within the con- more projects like this. leged communities. fines of that budget. I commend my If the Senator from Oklahoma wants I don’t care if it is my project, Sen- colleague from Missouri for doing so to look for a culprit for the fiscal situ- ator BOND’s project, Senator NELSON’s because I know how many requests we ation in this country, he should look project, Senator CHAFEE’s project, or got for funding within this bill. It was into the billions and billions of dollars the other projects that the Senator a tough year. I watched him work his in tax cuts that have been granted to from Oklahoma has randomly picked way through a bill, telling Members of multimillionaires in this country, and to target, the Senators that have EDI the Senate that he could not fund all he should look at additional tax cuts projects in this bill—and that, by the their projects. But he has moved this his party wants to implement in future way, is almost every Senator in this bill forward under the confines of that years if he wants to find incredible sav- Senate—are going to have to stand to- budget. ings. gether. We are not going to watch the It is our job to make sure that every To take apart a Senator’s projects, Senator pick out one project and make Senator has the ability we have to go who worked very hard, as I have and as it into a whipping boy. home to their States, listen to their the Senator from Missouri has, the Now, it is true that Senator BOND community leaders, and then be their Senator from Rhode Island, the Sen- and I allow Senators to allocate EDI partner in the Senate for this small ator from Mississippi, and the Senator funds to those projects in their States amount of EDI funding that is avail- from Nebraska have done with their that they think make best use of the able. These projects in this bill have to projects and numerous other Senators funds. We do not make any apology for fall under the criteria that the EDI who have gone home like we have, lis- that practice. funds do so, and we make sure they do. tened to the leadership in their com- As the Senator from Missouri has I hope the Senate will not go down munities, heard their projects, filtered said—which I agree with, I do not the road of cherry-picking individual through them as we have had to be- think the bureaucrats at the Depart- projects that Senators have come to us cause we do not have a lot of money in ment of Housing and Urban Develop- and have championed on behalf of their these accounts, and said these are the ment know better than I do—a Senator constituents who do not live here in ones we will partner with you at the from a State thousands of miles away Washington, DC. I hope we do not go Federal level and put into this bill. from here, who goes home every single down the road deciding we know better The Subcommittee on Transpor- weekend and is on the ground talking than home State Senators about the tation, Treasury, the Judiciary, Hous- to community leaders in every county merits of the projects they bring to us. As the old saying goes: What is good ing and Urban Development, and Re- and every city in my State, and hear- for the goose is good for the gander. lated Agencies, under the leadership of ing from them what they think is im- And I tell my colleagues, if we start my capable colleague from Missouri, portant. cutting funding for individual projects, Senator BOND, has been respectful and We do not choose these projects ran- your project may be next. responsive to requests of Senators who domly sitting on high from back here. So, Mr. President, when Members have come up with projects. Contrary We go out and talk to our community come down to the floor to vote on this to the representation that some Mem- leaders. They tell us this project, the amendment, they need to know if they bers have made in the Senate, these one the Senator has decided to target, support stripping out this project, Sen- EDI projects we are talking about are is a project, as I said, that is turning a ator BOND and I are likely to be taking not the centerpiece of our efforts of brownfield into a hub of an urban cen- a long, serious look at their projects to community development in this bill. In ter, into a center of activity, and it is determine whether they should be pre- fact, they are far from it. The funding critical for their economic develop- served during our upcoming conference for these EDI projects that the Senator ment. negotiations. from Oklahoma is targeting amounts When the community leaders come We must not and we will not go down to less than 8 percent of the overall together, and they have a consensus for the road of picking on one Senator or funding we provide in this bill for it, and they have built the funding for another on the floor of the Senate. I HUD’s community development fund. it in the State, it is my job, I believe, urge a no vote on this amendment. In fact, my colleagues should remem- to represent my State, which is thou- Mr. President, I yield the floor. ber that President Bush’s budget sands of miles away from here, and to The ACTING PRESIDENT pro tem- looked to take the Community Devel- come back and be an advocate for pore. The Senator from Oklahoma. opment Block Grant Program out of them. Mr. COBURN. Mr. President, what we this bill and fund it in the Department I don’t know that the bureaucrats at heard was a cultural difference. What of Commerce while cutting its funding the Department of Housing and Urban we heard is: If you vote for this amend- by more than a third. Senator BOND Development ever take the opportunity ment, anything that you have in this and I fought to continue the funding to go out and sit on the ground in my bill may not be preserved in con- for the CDBG Program in our bill be- State. It is my job to do that. I take it ference. Now think about that. I want cause we all heard from our local com- seriously. And I am happy to come the American people to hear that. If we munities how important these funds back here and fight for them, such as tend to think that a sculpture park is were for development across the coun- most of the other Senators have done not as high a priority as housing people try. who have given us EDI projects in this who are homeless, and we vote to take The Senator from Oklahoma now bill this year—next year or the fol- that out, the threat has now been made comes to the Senate with a series of lowing year. that if you vote that way, then you amendments targeting a few States to There is not a lot of money in these will not be able to do something that pick out individually named projects accounts. We allocate them correctly. I may be a higher or lower priority. and eliminate those projects’ funding. sat across the table from the Senator I have the greatest respect for the We are not going to go down that road. from Missouri in the Budget Com- Senator from Washington. I know she There are criteria that pertain to the mittee for many years, and I can vouch travels hard. I know she works well funding for the project that I have, for for him that he is not someone who into the night to represent the con- the project the Senator from Oklahoma spends money randomly. He and I have stituency of the State of Washington. has, the project from Nebraska, the disagreed, in fact, on budgets and This is a start to forcing us to make project from Missouri, the project from spending over the years, but I do know priorities. I am happy she is here to de- Mississippi, the project from Rhode Is- that he takes his job seriously, to fend this. She believes it is more im- land, and the other projects on which make sure we spend the taxpayers’ dol- portant than housing. I think that is he has amendments. There are criteria lars wisely. He votes, every time, for a fine. She does not believe the guide- for these. They are not random. These budget where most of the time I say I lines of the CDBG are appropriate to

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.017 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11613 give the State of Washington what it The ACTING PRESIDENT pro tem- sire to watch the Treasury and to es- needs. pore. Without objection, the pending tablish priorities, but I will put up my But I believe it is important we start amendment will be set aside. The clerk credentials for watching the priorities putting in front of the American people will report the amendment. and for watching the spending as well. what we are doing. I believe, with a The legislative clerk read as follows: The Community Development Fund $600 billion addition to the debt for this The Senator from Oklahoma [Mr. COBURN] Program has been put in place to deal last year alone—being passed on to our proposes an amendment numbered 2093. with this priority. In Washington, DC, grandchildren—which is $2,000 per man, On page 348, between lines 5 and 6, insert there can be many priorities. The busi- the following: woman, and child, it is time we ness of the Senate, the business of gov- changed. There is nothing personal SEC. 321. JOSLYN ART MUSEUM. None of the funds made available for the ernment runs on numerous tracks, not about it. There is nothing about any- Department of Housing and Urban Develop- a single priority. There are many prior- thing intended toward the Senator ment under the heading ‘‘Community Devel- ities, and it is up to us to balance those from Washington. It is about a real as- opment Fund’’ in this title, shall be avail- priorities. But in balancing the prior- sessment the American people need to able for a parking facility as part of the ities, we must keep in mind that the know. Is this more important than Joslyn Art Museum Master Plan, in Omaha, community development funds are de- housing the 17,590 people who are Nebraska. signed so that Members of the Senate homeless in the State of Washington? Mr. COBURN. Mr. President, again, can go home and listen to the commu- That is the kind of priority I think we this is not an amendment about this nities as to what they need and what need to make. being a bad idea. I am sure this is a will work best for their development, The other thing I would say is, if we parking lot that is needed. The purpose for their particular needs. It is an op- have a problem with the bureaucracy, of this amendment is to talk about pri- portunity to get away from what hap- we have all the power in the world to orities. pens in Washington so very often: change that. We have the power right The number of homeless people in nameless, faceless, hired bureaucrats here to change that. So we can either Nebraska is 3,268. This is an amend- who make a decision about what a change the bureaucracy so it reflects ment that spends, I believe, $950,000 to community needs rather than the build assets for a private museum that the views of the people of this country elected officials who, in consultation was started in 1931. Again, no doubt or we can go about it the wrong way with the communities, are then able to this is needed. In this time of $600 bil- and have to control it by taking a very help establish those priorities. small percentage of the budget. We get lion that we added this last year to our There are many priorities, and this is two bad results from that. We get poor grandchildren’s debt, in this time of a priority as well, a priority for one of war, in this time of hurricanes times priorities. And, No. 2, we are not doing the crown jewels of the plains, the two in the gulf and one coming to Flor- our job in controlling the bureaucracy. Jocelyn Museum, an art museum that ida again, the fact that we would spend So I am prepared to ask that this is largely funded by private funds, as close to $1 million on a parking facility amendment be set aside and continue my colleague has suggested. But I instead of putting that to the area with another amendment in a moment. think that partnerships between public where we meet more human needs, to But at this time, I suggest the absence and private entities are not only com- me, seems to be the wrong priority. of a quorum. monplace but necessary in order to The ACTING PRESIDENT pro tem- Fiscal year 2004 reports by the Joslyn continue to have the fabric of life that pore. The clerk will call the roll. Art Museum showed they had a net The legislative clerk proceeded to surplus that year alone of $1,998,000. this represents. This is not choosing against other call the roll. They have assets of $66 million and Mr. BOND. Mr. President, I ask unan- working capital of $6.5 million. priorities. I think my colleague knows imous consent that the order for the The question I am raising with this that the Katrina victims will be taken quorum call be rescinded. amendment is, Is this the right pri- care of. I think he knows that other The ACTING PRESIDENT pro tem- ority at this time? It is not whether priorities will be met, but that we pore. Without objection, it is so or- this is a legitimate effort on the part of must, in fact, balance all the priorities dered. those who are associated with the that we are faced with in deciding here Mr. BOND. Mr. President, we have Joslyn Art Museum master plan in in Washington, DC. spoken with the parties, and we believe Omaha, NE, to expand. They spent $3.5 In assisting communities with their we have come to an agreement to have million purchasing an additional foot- development, these funds were made a vote at 12:20, with the time equally ball field so they would have additional available for projects just like this one divided between the Senator from expansion. But at a time when we are and the other ones that are in question Oklahoma and—how much time does at war, at a time when we have the in Washington and Rhode Island. So to the Senator from Oklahoma want? greatest natural catastrophe that has suggest there is something inappro- Mr. COBURN. Ten minutes. ever hit this country, and at a time priate about this in terms of priorities Mr. BOND. Ten minutes for the Sen- when we have fiscal deficits that are as is unfortunate. It is unfortunate for a ator from Oklahoma, 10 minutes for far as we can see, and an oil crisis, an number of reasons. the Senator from Nebraska, and I will energy crisis affecting us, the question No. 1, we are not here challenging de- reserve 5 minutes for the Senator from is whether this is the right place to cisions made for grants that might be Rhode Island. I will take that time on spend our money. established by the bureaucracy which, his behalf if he is not able to make it. I understand if this money is not on their face, seem to have more credi- So that will make a vote at 12:15 in re- spent on this, it will be spent on some- bility even though, in my opinion, they lation to the amendment or the amend- thing else. And I know this does not have less credibility. ment, as modified. cut the money from the overall appro- In addition, we have to recognize The ACTING PRESIDENT pro tem- priations bill. But there is a grant that this priority has met the test of pore. Without objection, it is so or- process for this. We control the grant what is necessary to help this private dered. process. We control the requirements institution in dealing with a public Mr. BOND. I thank my colleagues. for the grant process. We can, as a leg- school to make available for that pub- The ACTING PRESIDENT pro tem- islative body, direct that the grant lic school athletic facilities and an ex- pore. The Senator from Oklahoma is process is open, competitive, and fair. change—once again, a public-private recognized. I reserve the remainder of my time. partnership that was created. AMENDMENT NO. 2093 The ACTING PRESIDENT pro tem- That public-private partnership pre- (Purpose: To prohibit any funds under the pore. Who yields time? ceded this public-private partnership, Act from being used for a parking facility Mr. NELSON of Nebraska. Mr. Presi- and this is an opportunity to continue as part of the Joslyn Art Museum Master dent, apparently the Nebraska-Okla- those kinds of relationships. Plan, in Omaha, Nebraska) homa game, which is to be played later I go to Nebraska and I listen to my Mr. COBURN. Mr. President, I call up this month, is occurring today. communities. I listen to the leaders. amendment No. 2093 and ask that it be I have a great deal of respect for my And based on what they tell me their considered and read. colleague from Oklahoma and his de- needs are, I am able to come back and

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.018 S20OCPT1 S11614 CONGRESSIONAL RECORD — SENATE October 20, 2005 try to establish these kinds of funds Mr. NELSON of Nebraska. Mr. Presi- The amendment (No. 2093), as modi- available, then make them available dent, I rise again to deal with the ques- fied, is as follows: for those needs. tion about priorities. There are many At the appropriate place insert the fol- I object to singling out one or two or priorities we must face as a country. lowing: three of these projects as though there We do have priorities to deal with JOSLYN ART MUSEUM. is something inappropriate about their Katrina. We have priorities to deal None of the funds made available for the priority. There is nothing inappro- with the cost of the war. We also have Department of Housing and Urban Develop- priate about their priority. to deal with the priorities that deal ment under the heading ‘‘Community Devel- I reserve what remains of my time. with the fabric of life for Americans opment Fund’’ in this title, shall be avail- The PRESIDING OFFICER (Mr. able for a parking facility as part of the wherever we live and whatever we do. Joslyn Art Museum Master Plan, in Omaha, CHAMBLISS). The Senator from Okla- One of the ways in which we try to Nebraska. homa. establish those priorities is by talking Mr. COBURN. Mr. President, I have STAND UP FOR ANIMALS. to the people who send us here, the None of the funds made available for the the greatest respect for my colleague people who pay the taxes that are Department of Housing and Urban Develop- from Nebraska. As a matter of fact, I sometimes redistributed in ways that ment under the heading ‘‘Community Devel- am worried about his football team will raise questions about priorities. opment Fund’’ in this title, shall be avail- hurting the Oklahoma football team I do not think there is any question able for Stand Up for Animals in Westerly, this year. But I will say, we view prior- but what the priority this raises is an Rhode Island for building construction. ities differently. What about the pri- important priority as part of the com- SEATTLE ART MUSEUM. ority of our grandchildren? I will say it munity development funds. It has been None of the funds made available for the again. This last year, through our lead- a long-established practice to set aside Department of Housing and Urban Develop- ership, $2,000 per man, woman, and these funds for similar situations as ment under the heading ‘‘Community Devel- opment Fund’’ in this title, shall be avail- child was added to the debt of this the ones that are called into question country. That is a loadstone around a able for the Seattle Art Museum in Seattle, today by my colleague from Oklahoma. Washington for the construction of the 2-year-old child. Last year we added There is nothing wrong with calling Olympic Sculpture Park. $1,700. these priorities into question, but to Mr. COBURN. Mr. President, I will The reason for these amendments is single them out with respect to all the to get us to start thinking about choos- spend a few moments talking about the other priorities he may have in mind is last of these three that are going to be ing priorities. The Senator from Ne- unfortunate because it only draws at- considered. This is another project braska was not here when I gave my tention to one, two, or three of these where we are spending $200,000 for the opening statement. I am not trying to projects as though these are all by construction of an animal shelter when pick on Nebraska. I am trying to pick themselves the priorities that are we cannot even shelter the people prop- on our process. The fact is we can being dealt with. change every aspect of how the grant- These community development funds erly in Louisiana, Alabama, and Mis- writing process goes if we want to and are broad based. They apply to vir- sissippi. we can make it work. tually every State. I have not checked Now, $200,000 could go a long way to The reason we do not trust bureau- to see what Oklahoma might get or provide temporary housing right now crats is we do not hold them account- what my other colleagues might get, for the people in Louisiana, Mis- able because we do not do the work we but I do believe it is far better for the sissippi, and Alabama. This is $200,000 need to do to create the change in the Members of the Senate to go home and toward a $2.2 million facility to house bureaucracy. So first I would offer no listen to their communities and listen 120 cats and 45 dogs, with a dog obedi- personal offense to my friend from Ne- to their leaders and come back with ence school and classroom settings for braska. He does have my respect. But this type of an approach, rather than youth. when a private institution is worth $66 continuing to see the grant process If one looks at HUD’s Web site, the million, has a cash working capital of that the bureaucracy continues to pro- mission is to increase homeownership, $6.5 million and has $1.998 million in vide and is not held accountable in the support community development, and the bank, we are going to take a pri- same way this is being held account- increase access to affordable housing ority that says this money we are able. I will be held accountable and my free from discrimination. It does not going to spend here rather than on colleagues will be held accountable for say anything about animals in it and, something that has a better priority. trying to do the right things for our at best, it is a satirical exaggeration of That is all I am saying. I am not say- States, for the people and for the fabric the goal. ing this is bad. I am saying there of life in those communities and in This funding has been proposed for should be a better priority for our those States. this organization despite the fact that spending. I say today that I hope our col- this is a 501(c)(3) organization that has My hope is by going through this leagues will recognize the importance already received $900,000 in charitable process we will all start looking. I be- of these community development funds contributions. lieve this is a sincere effort on the part and the grants they represent because I remind the Senate there are 7,814 of the Senator from Nebraska to do a good part of why we are here is to people in Rhode Island who do not have what he thinks is great for Nebraska. take care of responsibilities back homes at this time. My feeling is—and there is lots I would home. That is why we go home on The PRESIDING OFFICER. Who like to challenge in the spending that weekends, to find out what is necessary yields time? goes through our earmarks—and I have in those communities. The Senator from Missouri. said before the Senator came on the Others will always have some ques- Mr. BOND. Unfortunately, Senator floor, if we were in surplus I would not tion about whether it is this priority or CHAFEE is tied up. We are expecting be talking about any of these. I think that priority. We have to make those momentarily to get a full explanation. the difference is we are not. So when choices. In my opinion, this has been a Our debate has focused on the dif- we direct programs for institutions good choice. ference in philosophy. The Senator that have the assets to pay for it them- I yield back the time. from Nebraska, the Senator from selves, our grandchildren do not get The PRESIDING OFFICER. Who Washington, the Senator from Rhode great value. That is my only point. seeks time? Island, and I all have the ability to es- I yield back the remainder of my The Senator from Oklahoma. tablish priorities in the economic de- time. AMENDMENT NO. 2093, AS MODIFIED velopment initiatives. They are impor- The PRESIDING OFFICER. Who Mr. COBURN. Mr. President, I ask tant initiatives and important prior- seeks time? unanimous consent to modify my EDI ities that can be set by Senators. The Senator from Nebraska. amendment to include the three In the case of the provision for the Mr. NELSON of Nebraska. Point of projects, Washington, Nebraska, and Senator from Rhode Island, this hap- inquiry: How much time remains? Rhode Island. pens to be construction of a building The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without that is very important for the quality ator has 51⁄2 minutes. objection, it is so ordered. of life in the town of Westerly, RI.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.020 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11615 Many people have different needs and ‘‘(1) GENERALLY.—Except as provided in relating to chapter 117 the following new one of the beauties of that is the people subsection (b), whoever knowingly trans- item: from those communities can talk di- ports a minor across a State line, with the ‘‘117A. Transportation of minors rectly to their Senator and tell their intent that such minor obtain an abortion, in circumvention of certain and thereby in fact abridges the right of a laws related to abortion ...... 2431’’. Senator what is important. parent under a law requiring parental in- In this instance, the Senator from volvement in a minor’s abortion decision, in Mr. ENSIGN. I yield the floor and I Rhode Island listened to the people. He force in the State where the minor resides, suggest the absence of a quorum. listened to his constituents. He deter- shall be fined under this title or imprisoned The PRESIDING OFFICER. The mined this was a priority. There is not more than one year, or both. clerk will call the roll. going to be a lot of other money that is ‘‘(2) DEFINITION.—For the purposes of this The assistant legislative clerk pro- going to be handed out by HUD bureau- subsection, an abridgement of the right of a parent occurs if an abortion is performed on ceeded to call the roll. crats under the economic development Mr. BOND. Mr. President, I ask unan- initiative for construction. What is the minor, in a State other than the State where the minor resides, without the paren- imous consent that the order for the wrong with the Senator from Rhode Is- tal consent or notification, or the judicial quorum call be rescinded. land saying here is one pressing need authorization, that would have been required The PRESIDING OFFICER. Without that is very important for the Senator by that law had the abortion been performed objection, it is so ordered. from Rhode Island because it is impor- in the State where the minor resides. tant to his constituents? ‘‘(b) EXCEPTIONS.— AMENDMENT NO. 2093, AS MODIFIED I reserve the balance of the time. ‘‘(1) The prohibition of subsection (a) does Mr. BOND. Mr. President, I under- The PRESIDING OFFICER. Who not apply if the abortion was necessary to stand the distinguished Senator from yields time? save the life of the minor because her life Oklahoma has modified his amendment If no one yields time, the time will be was endangered by a physical disorder, phys- to include the provisions dealing with ical injury, or physical illness, including a charged equally to all sides. the States of Washington, Nebraska, Mr. BOND. I suggest the absence of a life endangering physical condition caused by or arising from the pregnancy itself. and Rhode Island. Is this correct? quorum. ‘‘(2) A minor transported in violation of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The this section, and any parent of that minor, ator is correct. clerk will call the roll. may not be prosecuted or sued for a violation The assistant legislative clerk pro- Mr. BOND. Mr. President, on behalf of this section, a conspiracy to violate this of the Senator from Washington and ceeded to call the roll. section, or an offense under section 2 or 3 Mr. ENSIGN. Mr. President, I ask based on a violation of this section. myself, I move to table the amendment unanimous consent that the order for ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- as modified and I ask for the yeas and the quorum call be rescinded. firmative defense to a prosecution for an of- nays. The PRESIDING OFFICER. Without fense, or to a civil action, based on a viola- The PRESIDING OFFICER. Is there a objection, it is so ordered. tion of this section that the defendant rea- sufficient second? sonably believed, based on information the AMENDMENT NO. 2158 TO AMENDMENT NO. 2133 There appears to be a sufficient sec- defendant obtained directly from a parent of ond. Mr. ENSIGN. I ask unanimous con- the minor or other compelling facts, that be- sent that we return to the consider- fore the minor obtained the abortion, the pa- The clerk will call the roll. ation of Dorgan amendment No. 2133 rental consent or notification, or judicial au- The assistant legislative clerk called for a moment. thorization took place that would have been the roll. The PRESIDING OFFICER. Without required by the law requiring parental in- Mr. DURBIN. I announce that the objection, the amendment is pending. volvement in a minor’s abortion decision, Senator from New Jersey (Mr. CORZINE) Mr. ENSIGN. Mr. President, I send a had the abortion been performed in the State is necessarily absent. where the minor resides. second-degree amendment to the desk. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ‘‘(d) CIVIL ACTION.—Any parent who suffers harm from a violation of subsection (a) may GRAHAM). Are there any other Senators clerk will report. in the Chamber desiring to vote? The legislative clerk read as follows: obtain appropriate relief in a civil action. ‘‘(e) DEFINITIONS.—For the purposes of this The result was announced—yeas 86, The Senator from Nevada [Mr. ENSIGN] section— proposes an amendment numbered 2158 to nays 13, as follows: ‘‘(1) a ‘law requiring parental involvement amendment No. 2133. [Rollcall Vote No. 260 Leg.] in a minor’s abortion decision’ means a law— Mr. ENSIGN. Mr. President, I ask ‘‘(A) requiring, before an abortion is per- YEAS—86 unanimous consent that the reading of formed on a minor, either— Akaka Dole McConnell the amendment be dispensed with. ‘‘(i) the notification to, or consent of, a Alexander Domenici Mikulski The PRESIDING OFFICER. Without parent of that minor; or Allard Dorgan Murkowski ‘‘(ii) proceedings in a State court; and Baucus Durbin Murray objection, it is so ordered. Bayh Enzi The amendment is as follows: ‘‘(B) that does not provide as an alter- Nelson (FL) native to the requirements described in sub- Bennett Feinstein Nelson (NE) (Purpose: To amend title 18, United States Biden Frist paragraph (A) notification to or consent of Obama Code, to prohibit taking minors across Bingaman Grassley any person or entity who is not described in Pryor State lines in circumvention of laws re- Bond Gregg Reed that subparagraph; quiring the involvement of parents in abor- Boxer Harkin Reid Brownback Hatch ‘‘(2) the term ‘parent’ means— Roberts tion decisions) Bunning Hutchison ‘‘(A) a parent or guardian; Rockefeller Strike all after the first word and insert Burns Inhofe ‘‘(B) a legal custodian; or Salazar the following: Byrd Inouye ‘‘(C) a person standing in loco parentis who Santorum (a) SHORT TITLE.—This section may be Cantwell Isakson has care and control of the minor, and with Sarbanes cited as the ‘‘Child Custody Protection Act’’. Carper Jeffords whom the minor regularly resides, who is Schumer (b) TRANSPORTATION OF MINORS IN CIR- Chafee Johnson designated by the law requiring parental in- Chambliss Kennedy Shelby CUMVENTION OF CERTAIN LAWS RELATING TO volvement in the minor’s abortion decision Clinton Kerry Smith ABORTION.— as a person to whom notification, or from Cochran Kohl Snowe (1) IN GENERAL.—Title 18, United States Specter whom consent, is required; Coleman Landrieu Code, is amended by inserting after chapter Stabenow ‘‘(3) the term ‘minor’ means an individual Collins Lautenberg 117 the following: Conrad Leahy Stevens who is not older than the maximum age re- Thomas ‘‘CHAPTER 117A—TRANSPORTATION OF Cornyn Levin quiring parental notification or consent, or Craig Lieberman Thune MINORS IN CIRCUMVENTION OF CER- proceedings in a State court, under the law Crapo Lincoln Vitter TAIN LAWS RELATING TO ABORTION requiring parental involvement in a minor’s Dayton Lott Voinovich ‘‘Sec abortion decision; and DeWine Lugar Warner ‘‘2431. Transportation of minors in cir- ‘‘(4) the term ‘State’ includes the District Dodd Martinez Wyden cumvention of certain laws re- of Columbia and any commonwealth, posses- NAYS—13 lating to abortion sion, or other territory of the United ‘‘§ 2431. Transportation of minors in cir- Allen Feingold Sessions States.’’. Burr Graham cumvention of certain laws relating to Sununu (2) CLERICAL AMENDMENT.—The table of Coburn Hagel Talent abortion chapters for part I of title 18, United States DeMint Kyl ‘‘(a) OFFENSE.— Code, is amended by inserting after the item Ensign McCain

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.023 S20OCPT1 S11616 CONGRESSIONAL RECORD — SENATE October 20, 2005 NOT VOTING—1 down to such a low degree that it monitors. They have little or no in- Corzine threatens their health and well-being? come over the summer. Their rent is The motion was agreed to. Those are the cruel choices they are $950 a month. Their last gas bill was Mr. BOND. I move to reconsider the faced with today. $1,729. Because they could not pay their vote. So many senior citizens are looking gas bill, their gas was shut off. Even if Mrs. MURRAY. I move to lay that into the future, they are looking at the they qualify for $600 in LIHEAP assist- motion on the table. impact of sky-rocketing heating bills ance, the gas company may refuse to The motion to lay on the table was over the course of the winter, and they reconnect the service unless the family agreed to. are frightened and scared. They are comes up with another $400 to $800 to- Mr. BOND. Mr. President, we thank wondering who is going to give them ward the back pay. These are typical families. This is our colleagues. some help and assistance. the issue we have before the Senate. It Mr. President, as far as procedure, Our amendment increases emergency funding for the LIHEAP program by is truly a life-and-death situation. It there are a number of issues that will certainly deserves the support of our be debated. There may be additional $3.1 billion. This funding on top of the President’s budget request for $2 bil- colleagues in the Senate. I hope that amendments offered, but for the con- will be reflected in the vote at 2:30. venience of our colleagues, there are lion would bring the program to $5.1 billion -the level authorized in the En- The PRESIDING OFFICER. The Sen- not going to be any votes until 2:30. I ator from New Mexico. propound a unanimous consent request ergy Policy Act of 2005. Funding for LIHEAP has been stag- Mr. BINGAMAN. Mr. President, what that at 2 p.m. there be 30 minutes nant for more than a decade. It has is the business before the Senate? equally divided in relation to Reed seen significant loss in terms of pur- The PRESIDING OFFICER. The amendment No. 2077; provided further chasing power. We have a program that pending amendment is Coburn amend- that the Senate then proceed to a vote has been stagnant for over 10 years, the ment No. 2091. in relation to the amendment, with no program has lost purchasing power, AMENDMENT NO. 2065 second degrees in order to it prior to and absolutely dramatic increases in Mr. BINGAMAN. Mr. President, I ask the vote. heating bills. We need to provide help unanimous consent that amendment be The PRESIDING OFFICER. Without and assistance to low income families. set aside and that I be allowed to call objection, it is so ordered. This amendment provides that much up amendment No. 2065. Mr. BOND. I thank the Chair. The The PRESIDING OFFICER. Without needed assistance. floor is now open for debate and further objection, it is so ordered. I hope we have broad support. This is amendment as requested. The clerk will report. an essential amendment. We can talk The PRESIDING OFFICER. The Sen- The assistant legislative clerk read about food; we can talk about mediator from Massachusetts. as follows: cines. We ought to put heat right in AMENDMENT NO. 2077 The Senator from New Mexico [Mr. BINGA- that same category. MAN], for himself, Mr. NELSON of Nebraska, Mr. KENNEDY. Mr. President, I take I will mention some of the low in- Mr. LEVIN, Ms. STABENOW, Mr. SPECTER, Mr. a moment of the Senate’s time to reit- come individuals struggling to survive: BROWNBACK, Mr. ROCKEFELLER, Mr. HARKIN, erate my very strong support for the Wilhelmina Mathis of Dorchester. Wil- Mr. DURBIN, Mr. HAGEL, and Mr. SANTORUM, amendment offered by my colleague helmina is 71 years old and lives alone. proposes an amendment numbered 2065. and friend, Senator REED of Rhode Is- She keeps her thermostat set at 60 de- Mr. BINGAMAN. Mr. President, I ask land, and my colleague, Senator grees to save money. She hopes the unanimous consent to dispense with KERRY, and myself on increasing emer- Federal Government will come through the reading of the amendment. gency funding for the LIHEAP pro- with more LIHEAP money before she The PRESIDING OFFICER. Without gram. This program is a lifeline to runs out of a way to pay her heating objection, it is so ordered. many poor individuals on fixed in- bill. She says: The amendment is as follows: comes in my state of Massachusetts I turn down the thermostat as low as I can (Purpose: To extend certain apportionments and across the nation. It is the help and sometimes I turn it off and put on extra to primary airports) and assistance that is provided to low- sweaters. I don’t know now much longer I On page 229, between lines 12 and 13, insert income, elderly and disabled house- can keep doing this.’’ the following: holds to defray the steep costs of home (c) Section 47114(c)(1)(F) of title 49, United Jacqueline Arroyo of Roxbury, MA, States Code, is amended by striking ‘‘and heating. The average LIHEAP house- is a single mom who lives in Roxbury 2005’’ each place it appears in the text and in hold has an income of less than $10 with her baby daughter Jessica. She is the heading and inserting ‘‘, 2005, and 2006’’. thousand. These individuals are trying a nurse who lost her job in August 2004 Mr. BINGAMAN. Mr. President, this to make ends meet. and has been working temporary jobs is an amendment I offer on behalf of According to the Energy Information ever since. Her salary has not been myself, Senator SPECTER, Senator NEL- Administration of the Energy Depart- enough to cover all of her bills. Her SON of Nebraska, Senator LEVIN, Sen- ment, this year natural gas prices for electricity bill is now $4,000, and she ator STABENOW, Senator BROWNBACK, heating one’s home will increase by al- worries about how she will pay off the Senator ROCKEFELLER, Senator HAR- most 50 percent over last year, home debt before this winter. KIN, Senator DURBIN, Senator HAGEL, heating oil will increase 32 percent, Emory Baily has MS, and it is hard and Senator SANTORUM. This is a bipar- electricity will increase 5 percent. In for him to get around. Now the comfort tisan amendment which tries to assist Massachusetts, the current average of his home is in jeopardy. Any day the many of our smaller airports around price per gallon of heating oil is $2.51. heating oil will run out. The assistance the country. This is an increase of 30 percent over he receives from LIHEAP has run out Under the current formula in the the average price per gallon last Octo- as temperatures begin to fall. statute, airports that have at least ber. In Boston, a 79-year-old man lives 10,000 boardings each year are called These aren’t just abstract numbers. with a sick wife. He worked hard on a primary airports. Those airports re- They represent huge burdens on real loading dock most of his life and receive entitlement of $1 million per year people. Just last week, Mayor Menino tired with a pension, but he has a hard from the FAA’s Airport Improvement and I met with low-income seniors at time paying all the bills. He receives Program. The nonprimary airports— the Curtis Hall Community Center in LIHEAP benefits, but the fuel oil as- those that do not have the 10,000 an- Massachusetts. These families are sistance has been exhausted. We are nual boardings—receive only $150,000. caught between a rock and a hard place not even halfway through the winter. In the wake of September 11, many about how they are going to pay their In Haverhill, MA, a single mother airports saw their annual boardings heating bills. Are they going to cut lives with her 18-year-old son, who is plummet. There were a number of back on food? Are they going to cut handicapped, her 19-year-old daughter, these smaller primary airports, many back on prescription drugs which are and her daughter’s child, who has a in rural areas, that faced the tem- so necessary? Are they going to try and medical condition. Both mother and porary loss of their $1 million annual continue to put the temperature level daughter are employed as school bus entitlement.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.011 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11617 Vision 100, which is Public Law 108– things. According to a new survey by Mr. CONRAD. Mr. President, I ask 176, gave certain primary airports 2 AARP, almost 40 percent of Americans unanimous consent that the order for years—fiscal year 2004 and 2005—to re- over the age of 50 have had to reduce the quorum call be rescinded. gain that minimum 10,000 boarding their visits with family and friends be- The PRESIDING OFFICER. Without level. During that time, they retained cause of high gas prices. objection, it is so ordered. the annual $1 million entitlement they I have even spoken to people who run Mr. CONRAD. Mr. President, I ask had been receiving. These airports are businesses that are not on a transit unanimous consent to speak as in designated as virtual primary airports route or a bus route of any kind. They morning business for as much time as I in the statute. The 2-year grace period tell me their business has fallen off shall consume. in Vision 100 for the virtual primary substantially. And people who work The PRESIDING OFFICER. Without airports expired on September 30, just there—a lot of people with very modest objection, it is so ordered. a few weeks ago. jobs—have been very seriously af- FISCAL CONDITION OF THE COUNTRY The amendment I am offering today fected. Mr. CONRAD. Mr. President, I come to the legislation before the Senate Forty-one percent of the people the to the floor today to talk about a re- gives the virtual primary airports 1 ad- AARP was talking about have cut back cent report in the Washington Post ditional year—fiscal year 2006—to re- on spending. That includes food and about the fiscal condition of the coun- gain a level of 10,000 boarding. Many of medicine. try. This was an article that appeared the virtual primary airports saw sub- Gas price increases have been a Saturday in the Washington Post, re- stantial increases in their boardings in heavy blow, and now we are about to porting on the budget deficit. It had fiscal year 2004. There are 10 fewer air- get hit again by higher home heating this very hopeful headline: ‘‘Federal ports that need this extension for fiscal costs. According to all predictions, Deficit Fell in Past Year.’’ While that year 2006 than would have needed it or heating oil and natural gas prices will is true, I think it is largely misleading that did need it in fiscal year 2005. increase more than gasoline prices as to the financial condition of the This is the right thing to do. This is have increased. country. Now, some people can lower their important to many of our States. I When I went into the article, I read thermostats by a few degrees; and have a list of all the airports that will this paragraph: those who can, should. But heating a be adversely affected if we do not agree The 2005 deficit was the third-largest ever. family home is not a luxury. It is a ne- to this provision. One of those airports But it was not only markedly smaller than cessity, like putting food on the table. is in my home State in Roswell, NM, the record $412.85 billion [deficit] for 2004, it It is a level of comfort that is required that is in danger of losing this funding was also well below the forecasts for the year to be met that cannot be ignored. That issued in February. As a proportion of the if we do not extend this for 1 additional is why we have to support LIHEAP. economy—it equaled about 2.6 percent of year. Last week, Energy Secretary Samuel gross domestic product—the deficit was This is a bipartisan bill. We have 11 Bodman said increasing the support for within bounds that most economists con- cosponsors of the legislation. It is good LIHEAP is ‘‘not on the agenda.’’ Not sider manageable, and far from the levels of legislation. The policy is good. We have on the agenda? That is hard to under- the 1980s, when the deficit reached nearly 6 percent of GDP. gone to the Congressional Budget Of- stand. Maybe someone with a lofty po- fice and they have indicated there is no sition such as the Secretary can dis- I think if the average person were to score attached to this bill. This is not card it as a noncritical situation. But read that, they would think: Gee, a money issue. There is not going to be if a child shivers at home while he or things are headed in the right direc- an increased burden on the taxpayer. I she tries to study or while they sit tion. The deficit is down. The deficit is, very much urge my colleagues to sup- there with their families to have some as a share of GDP, gross domestic prod- port this amendment. conversation—maybe what this Gov- uct, well below where it was in the I yield the floor. ernment of ours ought to do is ship out 1980s. The PRESIDING OFFICER (Mr. MAR- blankets to everybody, or shawls they The problem with this report is, I TINEZ). The Senator from New Jersey. can wrap around their shoulders. You think it is completely misleading to AMENDMENT NO. 2077 tell the senior citizen who has to the American people as to our true fis- Mr. LAUTENBERG. Mr. President, I choose between buying medicine or cal condition. Why? Well, first, because want to take a couple minutes to talk paying the heating bill that the Gov- the deficit calculation that is used so about the amendment to fully fund the ernment is not going to help them broadly by the press—and I am not sin- Low Income Home Energy Assistance through this crisis. gling out the Washington Post here. I Program, what we call LIHEAP. Helping families heat their homes would also point the finger at almost Americans have already been should be near the top of our agenda. all of the mainstream media that con- slammed by outrageously high gas The Secretary’s statement is out- tinually refer to the deficit and never prices. The average price for a gallon of rageous. It is a sad commentary on the talk about the debt. regular unleaded gas in New Jersey is priorities of this administration. I Here is the difference. While it is true now $2.65. That is 37 percent higher don’t think any Member of this body the deficit last year was $319 billion, than a year ago. would walk into a modest-income fam- that is not the amount by which the For an average New Jersey motorist, ily home and turn off their heat in the debt increased. This is a critically im- a tank of gas now costs about $46, middle of winter. But voting against portant difference people need to un- which is $12.50 more than a year ago. this amendment is going to have the derstand. The debt last year did not in- That extra $12.50 for every tank of gas same effect for thousands of low-increase by $319 billion, the advertised adds up to a cost of more than $400 a come families. deficit. The debt increased by $551 bil- year for the average motorist—a new We cannot leave American families lion. cost for their transportation needs out in the cold. We have to support the I find repeatedly, when I go around with their cars. Reed-Collins LIHEAP amendment and my home State of North Dakota, there It is affecting our quality of life. give families a helping hand through is great confusion about the deficit and Driving to work or taking your chil- what some suggest is going to be a fair- the debt. Most people believe the in- dren to school is not a luxury, nor is a ly cold winter. With weather as erratic crease in the deficit matches the in- visit to the doctor, nor is a visit to a as it is, we cannot tell what is going to crease in the debt. But that is not the shop. These things are all necessities. happen. case. The debt is increasing by much That is a terrible mistake because we So, Mr. President, I hope we will be more than the reported deficit. have to make sure we do not misunder- able to adopt this amendment. Here is the biggest reason why: So- stand or misquote the importance of With that, I yield the floor and sug- cial Security funds that are being used this extra cost to the average family. gest the absence of a quorum. to pay for other things. In effect, the It is particularly onerous for those who The PRESIDING OFFICER. The Social Security trust funds are being do not have the choice of using transit. clerk will call the roll. raided consistently, repeatedly, in Families have sacrificed substan- The assistant legislative clerk pro- order to pay other bills. If any private tially. They have cut back on lots of ceeded to call the roll. sector entity tried to do what is being

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.026 S20OCPT1 S11618 CONGRESSIONAL RECORD — SENATE October 20, 2005 done here, they would be on their way baby boomers were not going to retire rious about doing something about the to a Federal institution, but it would for over 20 years. Now there is no time deficit has to address both the spending not be the Congress. It would not be to get well because the baby boomers line and the revenue line. Very often the White House. They would be on are poised to retire. That is not a pro- our colleagues on the other side of the their way to a Federal penitentiary be- jection. The baby boomers are alive aisle only want to talk about the cause it is a violation of Federal law to today. They have been born. They are spending line. They vote for all the take the retirement funds of employees living. They are going to retire. They spending, but they don’t want to ad- and use them to pay operating ex- are going to be eligible for Social Secu- dress the revenue side of the equation. penses. That is exactly what is going rity and Medicare. We are headed for a They don’t want to cut the spending to on here. train wreck. meet the revenue line, and they don’t It happened last year to the tune of What we get from the mainstream want to raise the revenue to meet the $173 billion. It is not included in the media are these happy talk reports spending line. deficit calculation. Why not? Because that the deficit is down. No attention What we have here is a complete lack that is borrowing of one Government is paid to the increase in the debt. No of responsibility. There are a lot of entity from another Government enti- attention is paid to where this is all speeches about fiscal responsibility, ty. So they don’t include it in the def- headed. This is serious business. but there is no reality of responsi- icit, but it is included in the increase This chart shows, going back to 1980, bility. Our Republican friends want to in the debt. Every penny of this has to the relationship between spending and focus on the spending side, and indeed be paid back. revenue. The red line is the spending we need to focus on the spending side, What is happening is, the general line as a percent of GDP in the United although they voted for this increase fund of the United States is, in effect, States. The green line is the revenue in spending. These have not been borrowing money from the Social Se- line as a percent of GDP. Let’s stop Democratic budgets. These are not curity trust fund. It is using that there and ask, Why do we use that cal- Democratic spending bills. Our Repub- money to pay other bills—not using it culation? Why aren’t we showing in lican friends are in charge of the Sen- to pay down debt, not using it to pre- dollar terms the relationship between ate and the House and the White pay the liability, it is using it to pay spending and revenue over a long pe- House. They are responsible for every other bills. It is adding to the debt. So riod of time? The reason is very simple: last year the debt increased not by $319 dollar of increase in spending. Every Economists tell us, if you use gross do- billion, which we read in every press dollar they voted for. But they don’t mestic product, you then take out the report. You didn’t read in any press re- want to be responsible to match their effects of inflation and real growth, so port that I can find, not one, that the spending with revenue. They don’t you are comparing apples to apples. debt increased by $551 billion last year. want to cut the spending to match the When you then correct for what has That is what we are trying to do here, revenue line, and they sure don’t want been left out, instead of an operating get a sense of what is happening to our to raise the revenue to match the deficit of 2.6 percent of GDP, which was spending, what has happened to our spending line. They are happy passing reported in the story by the Wash- revenue over an extended period of it off to our kids, just tack it on to the ington Post on Saturday, which is, time. debt. They say they are fiscally respon- they say, within acceptable bounds of This chart shows that the spending sible. No. This is not fiscal responsi- most economists—most economists say level of the United States, back in the bility. about 2.5 percent of GDP is the danger 1980s and for much of the 1990s, was sig- What is most alarming is where all point—when you make an adjustment nificantly higher than it is today. You this heads. While it is true we have had for what the debt increased by, what can see the spending line back here. an uptick in revenue in the last year— you see is an operating hole in the This goes back to 1980. Through the very welcome—we see that we are still United States of 4.5 percent of GDP, far 1980s, the spending line—and much of way below the spending line. This is be- beyond what most economists say is the 1990s—was well above where it is fore the baby boomers retire. acceptable. In fact, in the European today, even though in the 1990s spend- Somebody may be listening and will Union, to become a member, you have ing came down each and every year as say: Well, Senator CONRAD is giving a to have an operating deficit of 3 per- a share of gross domestic product. Now passionate speech to raise taxes. No, cent of GDP or less. The United States we have had this uptick in spending, don’t misunderstand me. I am giving a wouldn’t qualify under that standard quite a substantial increase as a share speech about making this all add up. because in truth our operating deficit of gross domestic product, but still we We either have to cut the spending is now well in excess of 4 percent of are well below where spending was in down to the revenue line or we have to GDP. the 1980s and for much of the 1990s. raise the revenue line to our spending The other thing that is important to Ninety-one percent of the increase in appetite or some combination. That understand, the article referenced the discretionary spending was from three means we either have to cut spending deficit as a share of GDP was higher factors: Defense, homeland security, down to the revenue that we are will- back in the 1980s, not much higher, and and rebuilding New York. So the spending to levy or we have to be willing to in most years not higher when you put ing line has had a substantial increase raise the revenue line or some com- in the calculation of the money being but still well below where Federal bination. taken from Social Security. Here is the spending was as a share of our national By the way, the first thing we ought pattern of Social Security surpluses income going back to the 1980s and to do on revenue is not a tax increase that are being used. You can see back 1990s. on anybody. The first thing we ought in the 1980s there was almost no money Look at the revenue line. The rev- to do is focus on the tax gap. That is being used from the Social Security enue line back in the 1980s was ap- the difference between what is owed trust fund. Back in those days, you can proaching 20 percent of GDP. Then and what is being paid. That tax gap see we were running very small sur- there were the tax cuts, and it went now is over $350 billion a year. The fact pluses. In fact, until 1983, we weren’t down to just over 17 percent of GDP. is, the vast majority of Americans pay running any surpluses in Social Secu- Then it kind of jiggled and jagged what they owe. But increasingly, indi- rity. Then they were very modest, but around here. And then in the 1990s, as viduals and companies aren’t paying most of this time well below $50 billion. the spending line came down each and what they owe. The Revenue Service Look at where we are now. We are up every year, the revenue line went up says that has now reached $350 billion a here now, $170 billion a year. That is a each and every year. So that in the year, money that is owed that is not profound difference in the calculation. year 2000, revenue was at a historic being paid. There has been precious lit- Nobody seems to pay any attention to high, about 20.9 percent of GDP. tle being done about it. it. This gives you a very different look Look what has happened to the rev- The hard reality, what is so different at the true fiscal condition of the coun- enue line since 2000. The revenue line from the 1980s and now, is this demo- try. has collapsed. Revenue last year was graphic tsunami that is coming at us. In addition to that, back in the 1980s, the lowest as a share of gross domestic This is a representation of the increase you had time to get well because the product since 1959. Anybody who is se- of people eligible for Social Security

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.029 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11619 and Medicare. We are under 40 million the projection of the Congressional the retirement of the baby boom gen- now eligible for Social Security and Budget Office—you put in the cost to eration. And that is no projection. Medicare. We are headed for 81 million. fix the alternative minimum tax and They have been born. They are alive It profoundly changes everything. The the President’s budget policy, the debt today. They are going to retire. They President’s budget that claims it is of the country is going to go up $3.4 are going to be eligible. And No. 2, going to reduce the deficit over the trillion over the next 5 years. And our medical inflation is running well ahead next 5 years misses the point. The only colleagues are out here talking about of the underlying rate of inflation, and way he gets to cutting the deficit in cutting spending $35 billion. It is far- all of us know that is true. So the half is he leaves out some items—war cical. It is farcical. Medicare shortfall is much more likely costs past September 30, the cost to fix They talk about fiscal responsibility. to come true than the Social Security the alternative minimum tax. A 5-year They are sending off a plan to increase shortfall. And the hard reality is we al- budget hides the larger truth. The larg- the debt $3 trillion, and they run out ready can’t pay our bills. The hard reer truth is the President’s long-term here with a plan to cut $35 billion of ality is we are already mushrooming plan makes this whole situation much spending. And by the way, that is not the debt in a way that is utterly worse. Why? Because the President’s deficit reduction because they are also unsustainable. Senator, when you say tax cuts absolutely explode right be- going to cut taxes $70 billion, so they the increase in the debt is yond the 5-year budget window. are actually going to make the deficit unsustainable, what do you mean? Here We used to do 10-year budgets. Then worse, in the face of $3 trillion of addi- is what I mean. Foreign holdings of our the President changed to a 5-year budg- tional debt before the baby boomers re- debt have gone up 104 percent in the et. I believe the key reason for that tire. Come on. This is what is hap- last 4 years. change was he knows what these num- pening to the debt under this plan— It took over 200 years of American bers show, just as I do. He and his peo- this budget plan that was passed in the history to run up an external debt of $1 ple know exactly what is going to hap- Senate before Katrina. This is what it trillion. In the last 4 years, we have pen beyond the 5-year budget window. is going to do to the debt. These are managed to more than double it. The cost of his tax cuts explode. This is not Kent Conrad’s numbers. This is Is anybody listening? Is anybody pay- going to happen. The 10-year cost of what’s going to happen to the debt. It ing attention? Is there anybody who is the President’s tax cuts are $1.8 tril- is going to go up $600 billion a year writing these news columns who is con- lion. Here is what happens right be- each and every year for the next 5 necting the dots? Is anybody paying at- yond—the dotted line is the end of the years—more than $600 billion. It went tention to what is going on here with 5-year budget window. Here is what up $550 billion last year. You talk the fiscal condition of the country? happens to the President’s tax cut pro- about building a wall of debt—and all Does anybody care? And what do we posal right beyond the 5 years. It ex- at the worst possible time before the get from the mainstream media? Happy plodes. It is not just that cost that ex- baby boomers retire. talk; the deficit went down. Debt went plodes; it is also the cost to fix the al- Now, the Comptroller General of the up, the deficit went down. ternative minimum tax which, by the United States has come to us and said, Yes, it went down to the third big- way, there is not a penny in the Presi- You have an utterly unsustainable sit- gest ever. And the size of the deficit dent’s budget to deal with. The alter- uation on your hands. You are running completely masks the true seriousness native minimum tax, the old million- these massive deficits, huge explosion of our fiscal condition because it aire’s tax, now is becoming very rap- of debt before the baby boomers retire misses how much the debt increased. idly a middle class tax trap. Three mil- and guess what. You have a shortfall in The debt increased by $551 billion. The lion people were affected last year. It is Medicare alone of $29.6 trillion. You result is—here it is—we are borrowing going to be 30 million people affected 10 have a Social Security shortfall that is more and more from abroad—more years from now, if we don’t do some- projected at $4 trillion. In those two than a 100-percent increase in the for- thing. alone, that is $33 trillion of unfunded eign holdings of our debt in 4 years. It costs $774 billion to fix, and not a liabilities. Does anybody believe that is a sus- penny of it is in the President’s budget. Is anybody paying attention? Does tainable course? I do not. And here it Again, the same pattern, right beyond anybody understand where this is all is. Here is the result. We owe Japan the 5-year budget window, this dotted headed? This is a train wreck. That is $684 billion. We owe China almost $250 line, the cost of fixing the alternative where we are headed—a train wreck. billion. We owe the United Kingdom minimum tax skyrockets. And what is the answer? To come out over $170 billion. And here is my favor- What is the answer that we get on here with a package that increases the ite, the Caribbean Banking Centers— the budget? We get what is called rec- deficit some more? They have got to be the Caribbean Banking Centers. We onciliation, and we are told this is a kidding. They have got to be kidding. owe them over $100 billion. Where do deficit reduction plan. No, it is not. Mr. President, I do not believe this $4 they get their money? We owe them There is no deficit reduction in this trillion of shortfall in Social Security. over $100 billion. We owe South Korea plan. I think that is a very bad estimate. I almost $60 billion. This increases the deficit. Why? Be- think the shortfall in Social Security Mr. President, it is an utterly cause while it is true it has $35 billion is much less. Why? Because the as- unsustainable course. The Comptroller of spending cuts, it also has $70 billion sumption behind this projection is that General of the United States has told of tax cuts. And so the combined effect the economy is only going to grow 1.9 us it is unsustainable. The head of the is to actually increase the deficit. percent a year for the next 75 years. Congressional Budget Office has told us What sense does this make when we Over the previous 75 years, the econ- it is unsustainable. Alan Greenspan, have a debt crisis looming? The debt omy grew at 3.4 percent a year. If the chairman of the Federal Reserve, has increased $551 billion last year. The economy were to grow in the future as told us it is unsustainable. We are forecasters are telling us it is going to it has in the past, 80 percent of the So- building up massive debt before the increase $600 billion this year—or cial Security shortfall would disappear. baby boomers retire, and the main- more. And the answer is a reconcili- Eighty percent would disappear. If the stream media run their stories saying ation package cloaked as deficit reduc- economy grows in the future as it has the deficits have improved. tion that actually increases the deficit. in the past, 80 percent of the Social Se- There is no attention to what has I don’t know how anybody can, with curity projected shortfall would dis- happened to debt, no attention to the a straight face, claim this is what the appear. So I think it is a very pessi- train wreck that is coming. It is really country needs. mistic forecast. a disconnection from reality that does This is the increase in the debt over On the other hand, the shortfall in not serve our country well. The Amer- the next 5 years of the President’s Medicare that is seven times, more ican people deserve better. The Amer- budget plan. You take the President’s than seven times the projected short- ican people deserve to be told honestly budget plan. You adjust it for the war fall in Social Security, I think that is, how deep this ditch is and how much it costs he has left out—not Kent unfortunately, realistic because it is is going to take to fill it in because we Conrad’s projection of the war costs, based on two basic assumptions. No. 1, cannot continue to run around the

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.030 S20OCPT1 S11620 CONGRESSIONAL RECORD — SENATE October 20, 2005 world with a tin cup asking more and Last winter, about 86,000 Iowa house- money this year or people are going to more countries to loan us more and holds received an average of $317 in get cut off. What are we going to do? more money. To have foreign countries LIHEAP assistance. Most years, every- Are we going to wait until January increase their holdings of our debt by one who applies gets some level of as- when all of a sudden we get reports over 100 percent in 4 years is utterly sistance, but this year we are headed about people being cut off? And we will unsustainable. It is reckless and it is for big problems. As I learned in Hia- not even be here; we will be out of ses- wrong. It has to be stopped. To have watha, the applications for home heat- sion. I suppose we will come back the our colleagues come out on this floor ing assistance have jumped by 50 to 70 third week of January. with a reconciliation package that percent this year. The director of the We can do better than this. We have makes it all worse is profoundly irre- local Community Assistance Program to do better. America can do better sponsible, profoundly. that administers LIHEAP in that part than this. We are a better people than I thank the Chair and yield the floor. of Iowa told me that LIHEAP funds are that. We need to support this amend- I note the absence of a quorum. likely to be exhausted by mid-January, ment to provide this emergency fund- The PRESIDING OFFICER. The right in the dead of winter. Community ing so those who need the help the clerk will call the roll. services agencies all across America most are not left out in the cold. Peo- The legislative clerk proceeded to are being deluged with calls from pan- ple are concerned. They are worried. call the roll. icked senior citizens and others who They don’t know what they are going Mr. DURBIN. Mr. President, I ask don’t know how they are going to pay to do. The least we can do today is say: unanimous consent that the order for their bills or heating bills. Many have Don’t worry, we are going to put the the quorum call be rescinded. had their utilities cut off and cannot money in for LIHEAP; you are going to The PRESIDING OFFICER. Without make past-due payments to get them be able to buy your gas, pay your elec- objection, it is so ordered. turned back on. Others are being tricity bills, and stay warm this win- (The remarks of Mr. DURBIN are threatened with cutoffs just as we head ter. printed in today’s RECORD under into winter. This is something I Mr. President, I yield the floor. ‘‘Morning Business.’’) learned in Hiawatha, but not too many The PRESIDING OFFICER. There is Mr. DURBIN. Mr. President, I yield people here know. The Catch-22 situa- now 30 minutes of debate equally di- the floor and suggest the absence of a tion is this: If your gas or electricity vided on the Reed amendment. quorum. has been cut off, then you do not qual- The Senator from Rhode Island. Mr. HARKIN. Mr. President, I ask ify for LIHEAP. Let’s say you are Mr. REED. Mr. President, I thank the unanimous consent that the order for someone who has a past bill that you Senator from Iowa for his eloquent the quorum call be rescinded. have not paid; they say, We are not and, to me, very persuasive remarks The PRESIDING OFFICER. Without going to deliver your home heating oil, about the need for supporting this objection, it is so ordered. you cannot qualify for LIHEAP. amendment. This is something we Mr. HARKIN. Mr. President, are we So we are facing a real crisis. We know is going to happen. Everyone un- under a time limit right now? know what the price of fuel oil has derstands energy prices are soaring out The PRESIDING OFFICER. The de- done and what the price of natural gas of sight. Last year, we did not have suf- bate will begin at 2 o’clock on the Reed has done. In Iowa, I heard that heating ficient resources for LIHEAP with amendment. oil has doubled since last year, and prices that were much cheaper. This Mr. HARKIN. Mr. President, I am natural gas has gone up by almost 50 year we know we are not going to have going to speak on the Reed amend- percent. It will not be unusual to have sufficient resources. ment, and I ask to be recognized to a $400 or $500 increase in an average So we have come together on a bipar- speak at this time. heating bill this winter. For an elderly tisan basis. Senator COLLINS, Senator The PRESIDING OFFICER. Without person, a low-income family, and peo- SNOWE, Senator SMITH, Senator COLE- objection, it is so ordered. ple with disabilities, that is not a prob- MAN—many of my Democratic col- AMENDMENT NO. 2077 lem, it is a catastrophe. It boggles my leagues have come together to do what Mr. HARKIN. Mr. President, I rise to mind that in the face of this over- should be obvious to all of us: raise the speak in support of the amendment of- whelming need, President Bush’s budg- level of LIHEAP funding to accommo- fered by Senators COLLINS and REED to et proposed to cut LIHEAP funding by date these huge increases in prices. It add $3.1 billion in emergency funding nearly 10 percent. is very simple, I think—I hope. for the Low-Income Home Energy As- We have been given abundant warn- I hope we are in a process of begin- sistance Program. I emphasize this is, ing that local LIHEAP funding will be ning to understand all of the demands indeed, emergency funding, not to running out, as I said, as early as the that are being placed on low-income come out of something else but emer- middle of January. But earlier this Americans, and particularly seniors. gency funding because it really is a cri- month, we voted down an amendment They received the Social Security in- sis. to provide a boost in emergency fund- crease of about $65 a month. Most of During the cold winter months, ing. Last week, a reporter asked the that was taken up automatically by in- LIHEAP is indispensable for low-in- Secretary of Energy, Mr. Bodman, if creased payments to their Medicare come families, people with disabilities, the administration plans to ask Con- Program, and whatever little is left is and seniors on fixed incomes. Last Fri- gress for more funding for LIHEAP, going to be swallowed up by these ris- day, I held a roundtable discussion in given the big runup in energy costs. ing energy prices. Hiawatha, IA, to hear firsthand from Secretary Bodman answered: The Low-Income Home Energy As- some of these citizens. They are not At least at this point in time, that’s not on sistance Program needs $5.1 billion just just concerned about high home heat- the agenda. to maintain the status quo. The appro- ing costs this winter, they are right LIHEAP may not be on Secretary priation to date, what the President now almost in a state of panic. They Bodman’s agenda, and it may not be on supports, is $2 billion. Now, $2 billion told me they face a choice between the President’s agenda, but it is on the was inadequate last year; it is grossly staying warm and cutting back on ne- Senate’s agenda. We have an obligation inadequate this year. cessities, such as medical care and pre- to do the right thing, to make sure our I understand our colleague, the Sen- scription drugs. senior citizens and those with disabil- ator from Missouri, has indicated in Their testimony is backed up by hard ities are not left out in the cold. terms of concept of the program he data. According to a statewide Iowa Again, we have to do the right thing. supports it, and I appreciate those re- survey, more than 20 percent of house- We have to do what is fair. We know marks. We might have a debate about holds receiving LIHEAP report going what has happened to the price of heat- whether this is the appropriate vehicle without medical care or prescription ing oil and natural gas and electricity. to place this amendment, but, frankly, drugs. More than 10 percent reported We know from the past how many peo- time is running out; floor time is run- going without food in order to pay ple use LIHEAP and depend on it. It ning out, and unless we are able to ap- their heating bills, and those numbers does not take a genius to calculate propriate these funds immediately, we are going to skyrocket this winter. that we have to come up with more are going to have a real issue of getting

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.031 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11621 them to deserving people throughout The PRESIDING OFFICER. Is there forward to just shut down the inde- this country. objection? pendent counsel’s office. The inde- Last winter Congress provided $2.2 Mr. REED. Mr. President, who would pendent counsel, after publication, billion. Again this year they have al- that time be charged to? needs a short period of time to evalu- ready cut that in the budget to $2 bil- The PRESIDING OFFICER. That ate claims for attorney’s fees, transfer lion. That is the administration’s re- time will be charged to the majority records to the archivist, respond to quest. It was insufficient last year. In side. congressional inquiries and possible Rhode Island, 12,146 households, includ- Mr. REED. I have no objection. litigation. ing the elderly, received utility termi- The PRESIDING OFFICER. Without My hope, and I believe the hope of nation notices. The average balance of objection, it is so ordered. the independent counsel, is that bar- those who were disconnected was over The Senator from Iowa is recognized. ring the unforeseen, this all can be ac- $1,000. AMENDMENT NO. 2160 complished within the 90 days I have Today, my State and other States Mr. GRASSLEY. Mr. President, I am within my amendment. are struggling to get these people re- going to offer an amendment to this So I want to assure my friend from connected using LIHEAP funds to get bill regarding the report of the inde- North Dakota I share his concerns them back on the utility grid. That is pendent counsel on Mr. Cisneros. I about runaway and unnecessary spend- even before we have had the first cold know there has been much talk about ing, and would join him in watching days of winter. the need to bring to a close the inde- this matter closely and will be with A Rhode Islander receiving $400 from pendent counsel’s work, and I agree. him if we are not moving forward at a LIHEAP last year could buy approxi- I tell my colleagues, as a radio an- reasonable pace to bring this operation mately 235 gallons of heating oil, al- nouncer would say, about the rest of to an end. the story. The independent counsel most a full tank, but at $2.60 a gallon, Setting aside the matter of closure, I completed his investigative activities which is the price that is being paid want to focus on one last point: The February 2003. The counsel completed today—in fact, in many cases that is a contents of this report and why they and filed his report under seal to the pretty good price; in fact, it is much are so vital. I hope I have a good rep- Special Division August 2004. That is higher—$400 will only buy 150 gallons utation among my colleagues for doing very important for every one of us to of oil. That is a little over half a tank the constitutional job of oversight that understand as we consider this amend- and may last in a very cold New Eng- each one of us has been assigned, to 1 ment. The investigative work is com- land winter about 2 ⁄2 weeks. make sure that the laws are faithfully pleted. The report is completed. This year, with even higher energy executed. I hope I have a reputation of So what is the holdup in getting this prices facing Americans and more doing oversight work regardless of report out to the Congress and to the Americans living in poverty, the ad- what political party might be in charge public? It is not the independent coun- ministration and the House have sim- of the executive branch of Government. ply come forward with $2 billion. It is sel; rather it is the lawyers of the indi- While Mr. Cisneros’ name is there, absolutely inadequate. We know it. We viduals named in the report who have and it is natural to see this through a have an opportunity today to make it been engaged in one sole pursuit: to partisan lens, let me assure my col- so that at least it will buy as much this foot-drag every inch of the way filing leagues that is not the case. The media year as it did last winter. every motion they can to delay, delay, reports are giving very credible com- The average price for heating oil is delay. This foot-dragging by the law- mentary that the independent coun- $2.65 per gallon. That is 65 cents higher yers has been going on for months. It is sel’s report discusses problems at the than it was last year this time. The av- because of this foot-dragging that the Office of Criminal Investigation in the erage price of propane is $1.95 per gal- independent counsel has had to con- Internal Revenue Service and the De- lon. That is 32 cents higher than last tinue its work. It has to respond to the partment of Justice. These matters do year. The average price for natural gas mountains of pleas and motions that not involve Mr. Cisneros but raise ex- is $15.25 per million cubic feet. That is are filed by these lawyers. tremely important questions about the $2.32 higher than last year. I would like to make another point, What we have seen consistently, and that is that the amendment does administration of the Tax Code. what we all recognize, what we see two things: It provides that the report As chairman of the Senate Finance every day when we pass the gasoline will be released and published in 60 Committee, I take with great serious- station, is extraordinarily high energy days, and by extension that the inde- ness accusations of inappropriate ac- prices. How can we reasonably fund pendent counsel will close up and wind tivity at the Internal Revenue Service, this program with less dollars than we down his office within 90 days of publi- and also as a senior member of the Ju- did last year with these soaring prices? cation of the report and can only be ex- diciary Committee, similar accusations We are just trying to maintain what we tended by a finding of the court and at the Department of Justice. However, have. the publication by that court of an as my colleagues know, I cannot legis- Frankly, last year a significant num- exact time of when it will be shut late or conduct oversight based on ber of households that would qualify down. whispers or rumors. I need the final re- because of income could not receive as- In addition, under my amendment it port. The American taxpayers have a sistance because those funds were in- makes it clear that the independent lot of money in this report. We are sufficient. counsel shall not perform any inves- talking about millions of dollars. They I believe we have to increase the tigative or prosecutorial task in the re- deserve a right to see this investiga- LIHEAP funding to its fully authorized maining time period after the report is tion and what their tax money was level of $5.1 billion. This bipartisan published. spent for. More importantly, they de- amendment would do that by increas- I have had some discussions with my serve for there to be sunshine exposing ing the appropriation by the sum of friend, Senator DORGAN from North Da- problems in our Government and for $3.1 billion. I hope my colleagues will kota, on this subject on the side as I legislators to be informed so that we join us and support this amendment. was preparing this amendment, and he can take appropriate action, in my I reserve the remainder of my time. has also spoken very eloquently on this case, within the Senate Finance Com- The PRESIDING OFFICER (Mr. AL- subject in a previous day’s debate a few mittee that I chair, or within the Judi- EXANDER). Who yields time? weeks back. I want him to know I ciary Committee on which I serve. The time will be deducted equally agree with the concerns that he has In conclusion, this is a vitally impor- from each side. that we must see the end of the inde- tant amendment. It will give Congress The Senator from Iowa. pendent counsel. a report that will provide tremendous Mr. GRASSLEY. Mr. President, I ask My first amendment reflected the insight into problems in the adminis- unanimous consent to set aside the same sentiment for closing the office tration of the Tax Code and other gov- Reed amendment for the purposes of once the report is published. But, un- ernmental misconduct. The amend- my offering an amendment, and I will fortunately, as I was looking into the ment will also bring closure to the speak for about 6 or 7 minutes. matter more closely, it is not straight- work of the independent counsel, a

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.033 S20OCPT1 S11622 CONGRESSIONAL RECORD — SENATE October 20, 2005 matter of concern to many and ex- publication of the final report referred to in at some point you have to keep the en- pressed eloquently, as I have said be- subsection (a) to complete his remaining ergy flowing as best you can. They fore, by the Senator from North Da- statutory duties unless the division of the will, in fact, as the studies indicate, kota. I think we provide a reasonable court determines that it is necessary for the avoid eating to heat their homes. independent counsel to have additional time Our LIHEAP program in Rhode Is- timeframe of 90 days after the report is to complete his remaining statutory duties. published to wind down this office, (2) If the division of the court finds that land, as so many programs across the with only the court allowed to con- the independent counsel needs additional country, is under tremendous stress tinue the office. Further, the amend- time under paragraph (1), the division of the and strain. Last year they served 26,000 ment also limits the work of the inde- court shall issue a public report stating the families, but if the President’s proposal pendent counsel to the clerical work of grounds for the extension and a proposed goes through with $2 billion, they will closing the office. My amendment, date for completion of all aspects of the in- only be able to service about 21,000 then, prohibits those things that tend vestigation of Henry Cisneros and termi- families. So 5,000 families will not get nation of the office of the independent coun- anything; 21,000 families lucky enough to make things go on and on and never sel. stop—investigations and prosecution. to qualify will receive resources, but it This may not be a perfect solution to Mr. GRASSLEY. I yield the floor. I will be not as adequate as it was last getting this report out that has cost suggest the absence of a quorum. year to buy heating oil, particularly millions of dollars, but it is a fair com- Mr. REED. Mr. President, I ask the because the price has gone up so much. promise and one that I think will get time be charged to each side. So it is again a situation I find difficult to understand, why we cannot summon the job done. Ideally, the report would The PRESIDING OFFICER. Without the will to do something which is so just be released, but there are people objection, it is so ordered. The clerk will call the roll. obviously necessary. who maybe do not want this report re- This is no innovative program. This leased—consequently all the legal ac- The assistant legislative clerk proceeded to call the roll. is no controversial program. I dare say tion that has been holding it up for the everyone on this floor would say it is a last several—now, let’s say at least 14 Mr. REED. Mr. President, I ask unanimous consent the order for the good program, it makes sense, it helps months. people who need help, particularly at a I send the amendment to the desk quorum call be rescinded. The PRESIDING OFFICER. Without time when prices are surging as they and ask for its immediate consider- are. Yet I hope we can come together ation. objection, it is so ordered. Mr. REED. Mr. President, I ask how and recognize we need something more The PRESIDING OFFICER. The than words. We actually need the ap- clerk will report. much remains of my time. The PRESIDING OFFICER. The Sen- propriations to help keep these people The legislative clerk read as follows: whole, keep them, literally, warm this ator has 71⁄2 minutes. The Senator from Iowa [Mr. GRASSLEY] Mr. REED. Mr. President, I will winter. proposes an amendment numbered 2160. We have all been out to our commu- make a few additional comments in the nities. We have all visited with seniors. Mr. GRASSLEY. I ask unanimous remaining time with respect to the I visited with a senior from Rhode Is- consent the reading of the amendment LIHEAP program and this legislation. be dispensed with. land, a veteran of the U.S. military This is a very simple amendment. It who is 88 years old—part of that great The PRESIDING OFFICER. Without adds $3.1 billion. It would bring it up to objection, it is so ordered. generation of World War II. He receives the level that was authorized in the LIHEAP support. Frankly, this year The amendment is as follows: Energy bill which we considered on On page 356, between lines 4 and 5, insert even if he receives the same amount of this floor several weeks ago, recog- money, it will not buy the same the following: nizing the authorization levels had to SEC. 408.(a) The division of the court shall amount of fuel oil and it will be colder release to the Congress and to the public not be raised given the increase in prices, in his home. As has been said so often later than 60 days after the date of enact- given the need for more Americans to on this floor, and it has to be repeated, ment of this Act all portions of the final re- access the LIHEAP program. we can do much better. We could do port of the independent counsel of the inves- The energy costs to the average fam- much better for an 88-year-old veteran tigation of Henry Cisneros made under sec- ily using heating oil this winter are es- of the U.S. military forces who last tion 594(h) of title 28, United States Code, ex- timated to hit about $1,500, and that is year got a little help and this year will cept for any such portions that contain in- a significant increase, about $400 over get less help. We can do better and we formation of a personal nature that the divi- last year. Natural gas could hit over sion of the court determines the disclosure of should do better. which would cause a clearly unwarranted in- $1,000, an increase of $350. Propane We need to fully fund LIHEAP up to vasion of privacy that outweighs the public prices are projected to hit $1,400 for the the authorized level of $5.1 billion. I interest in a full accounting of this inves- average prices for the whole year of think we have to do more, going for- tigation. Upon the release of the final report, heating, an increase of about $325. ward on other energy projects. But the final report shall be published pursuant This is particularly burdensome for let’s at least begin with adequately to section 594(h)(3) of title 28, United States low-income families and families in funding the LIHEAP Program. Code. poverty. In fact, families who live in I hope my colleagues will join my co- (b)(1) After the release and publication of poverty spend over 20 percent of their sponsors, Senator COLLINS, Senator the final report referred to in subsection (a), SNOWE, Senator SMITH, Senator COLE- the independent counsel shall continue his income on heat. That is in contrast to MAN on the Republican side, and many office only to the extent necessary and ap- other families, middle- and upper-in- propriate to perform the noninvestigative come families who spend about 5 per- others on the Democratic side to en- and nonprosecutorial tasks remaining of his cent during a heating season. So this is sure that this amendment is passed and statutory duties as required to conclude the a huge impact, in fact, a more aggra- we can at least guarantee minimum functions of his office. vated impact, on low-income Ameri- warmth for our seniors and low-income (2) The duties referred to in paragraph (1) cans. families across this country. shall specifically include— Frankly, the choice for many seniors With that, I reserve the remainder of (A) the evaluation of claims for attorney my time. is very stark: to heat or to eat. A fees, pursuant to section 593(l) of title 28, Mr. President, I suggest the absence United States Code; RAND study pointed out that low-in- of a quorum. I ask unanimous consent (B) the transfer of records to the Archivist come households reduce their food ex- the time be divided equally between of the United States pursuant to section penditures by roughly the same both sides. 594(k) of title 28, United States Code; amount as their increases in fuel ex- The PRESIDING OFFICER. Without (C) compliance with oversight obligations penditures. They cut back on eating to pursuant to section 595(a) of title 28, United objection, it is so ordered. heat their homes. It doesn’t take a The clerk will call the roll. States Code; and RAND study to suggest why that is the (D) preparation of statements of expendi- The assistant legislative clerk pro- tures pursuant to section 595(c) of title 28, case. It is hard for a senior or for any- ceeded to call the roll. United States Code. one who lives in a home where the tem- Mr. REED. Mr. President, I ask unan- (c)(1) The independent counsel shall have perature is 50 or 45 degrees. You can imous consent that the order for the not more than 90 days after the release and put on sweaters and extra blankets but quorum call be dispensed with.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.034 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11623 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The repeatedly—we have slapped an embar- objection, it is so ordered. point of order is sustained. The amend- go for 40 years on Cuba. We also de- Mr. REED. Mr. President, I under- ment falls. cided if American people travel to stand that the Senator from Missouri Mr. BOND. Mr. President, I would in- Cuba, they shall be fined. So we have made a motion under the Congressional quire if the Senator from North Dakota restricted the freedom of the American Budget Act 1974. I move to waive the is prepared to move forward with his people to travel in order to slap around applicable sections of the act, for the amendment? Fidel Castro. consideration of the pending amend- Seeing no other Senators seeking If you get on a plane today someplace ment, and I ask for the yeas and nays. recognition, I suggest the absence of a and travel to Cuba, and you do not The PRESIDING OFFICER. Is there a quorum. have a license, here is what is going to sufficient second? The PRESIDING OFFICER. The happen to you. By the way, you won’t There is sufficient second. clerk will call the roll. The assistant be able to get a license because they The question is on agreeing to the legislative clerk proceeded to call the are offered down at the Office of For- motion to waive section 402(b)(5) of the roll. eign Asset Control and over at the House Concurrent Resolution No. 95 Mr. DORGAN. Mr. President, I ask State Department, and if you apply for with respect to the Reed amendment unanimous consent that the order for a license to travel to Cuba, they will No. 2077. the quorum call be rescinded. say no. The clerk will call the roll. The PRESIDING OFFICER. Without But I will give you an example. Kurt The assistant legislative clerk called objection, it is so ordered. Foster went to Cuba. He was under sus- the roll. AMENDMENT NO. 2133 picion of having taken a vacation in Mr. DURBIN. I announce that the Mr. DORGAN. Mr. President, I take Cuba. And be darned if he didn’t take a Senator from New Jersey (Mr. CORZINE) the floor to withdraw an amendment, vacation in Cuba. He didn’t know it is necessarily absent. but I will not withdraw it for the mo- was illegal. But he got back to this The PRESIDING OFFICER (Mr. ment. I will say a few words and then country and, boy, they tracked him COLEMAN). Are there any other Sen- ask that the amendment be withdrawn. down. ators in the Chamber desiring to vote? I do not need consent to do that as Those folks at the Office of Foreign The yeas and nays resulted—yeas 53, sponsor of the amendment because the Assets Control, they have that magni- nays 46, as follows: yeas and nays have not yet been or- fying glass and the cap with brims on [Rollcall Vote No. 261 Leg.] dered. both sides, and they scour around to YEAS—53 If there were a high school or college figure out if there is an American who Akaka Feingold Nelson (FL) student listening, I think it would be a has gone to Cuba. Baucus Feinstein Obama good lesson for them, particularly if They found this guy, Kurt Foster. All Bayh Harkin right. He purchased an airline ticket to Pryor they are interested in political science, Biden Inouye Reed Cuba and failed to declare Cuba as a to understand where we are at this mo- Bingaman Jeffords Reid country visited, and they fined him Boxer Johnson ment from a parliamentary standpoint Rockefeller $7,500. Then he used a credit card while Byrd Kennedy Salazar and why I am withdrawing the amend- Cantwell Kerry Santorum in Cuba, and they fined him $1,000. Chafee Kohl ment I offered yesterday. Sarbanes Then he paid for lodging, food, and Clinton Landrieu Incidentally, this will not be the last Schumer drinks while in Cuba—he spent $175 Coleman Lautenberg my colleagues see of this amendment. Smith there—and they fined him $10,000 for Collins Leahy We have had it on the floor before. It Conrad Levin Snowe that. Then he brought back a box of ci- Specter has been passed by the Senate before, Dayton Lieberman gars and 27 other Cuban goods at $10 DeWine Lincoln Stabenow as a matter of fact, dropped in con- each, and that was a $520 fine. Dodd Lugar Sununu ference. We will not have an oppor- Dorgan Mikulski Talent So Mr. Kurt Foster was fined $19,020 Durbin Murray Wyden tunity to vote on it now because of the by our U.S. Government. Why? What parliamentary circumstances. was the transgression? He visited Cuba. NAYS—46 So let me describe what it is. First of Alexander DeMint Martinez God forbid this man should visit Cuba. all, the amendment is germane and rel- But Kurt Foster, that is a man without Allard Dole McCain evant to this appropriations bill. I have Allen Domenici McConnell a face. Bennett Ensign Murkowski the right and did offer an amendment Let me just put a face on this issue, Bond Enzi Nelson (NE) yesterday that prohibits the expendi- as I did yesterday. This is a picture of Brownback Frist Roberts ture of funds in this appropriations bill Bunning Graham Joni Scott. I met Joni Scott. She came Sessions by an organization called OFAC, the Burns Grassley Shelby to my office. She is a wonderful young Burr Gregg Stevens Office of Foreign Assets Control, which woman, a missionary, someone with Carper Hagel Thomas is a relatively small Federal office deep Chambliss Hatch great zeal in her faith. Thune Coburn Hutchison in the bowels of the catacombs of the She went to Cuba to distribute free Cochran Inhofe Vitter Treasury Department. The job of the Bibles on the streets of Havana, Cuba. Cornyn Isakson Voinovich Office of Foreign Assets Control is to Warner This wonderful young American Craig Kyl try to track down and intercept the Crapo Lott woman wanted to distribute free Bibles money that supports terrorism, to go in Cuba. She did not know you had to NOT VOTING—1 find the money that supports Osama have a license. She came back. Our Corzine bin Laden, to go find the money that Government tracked her down. They The PRESIDING OFFICER. On this supports terrorism. are going to slap a big fine on her for vote, the yeas are 53, the nays are 46. Well, the Office of Foreign Assets distributing free Bibles in Cuba. That Three-fifths of the Senators duly cho- Control does more than that now. In is Joni Scott. sen and sworn not having voted in the fact, my understanding is they have Here is Mrs. Slote. I have also met affirmative, the motion is rejected. more people in the Office of Foreign Mrs. Slote. As you can see, she is about The point of order is sustained. The Assets Control tracking Americans 76, 77 years old in this picture. She is a emergency designation is removed. who travel to Cuba to take a vacation senior Olympian. She is wearing a bicy- Mr. BOND. I move to reconsider the than they do tracking the money that cling outfit because she likes to bicy- vote. goes to support terrorism for Osama cle. Joan Slote actually answered an Mrs. MURRAY. I move to lay that bin Laden’s network. advertisement in a Canadian cycling motion on the table. So let me describe what they do be- magazine. So she joined a Canadian cy- The motion to lay on the table was cause, as you know, in this country’s cling group on a tour of Cuba on bicy- agreed to. zeal to punish Fidel Castro—we are cles. She didn’t know it was illegal for Mr. BOND. Mr. President, I formally going to slap around Fidel Castro; we an American to travel to Cuba. She raise a point of order that the amend- don’t like him; it is a communist coun- came back. Her son had brain cancer, ment violates section 302(f) of the Con- try; he is a communist leader; we don’t was dying, and she was attending to gressional Budget Act. like him; he sticks his finger in our eye her son.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.036 S20OCPT1 S11624 CONGRESSIONAL RECORD — SENATE October 20, 2005 In the meantime, our sleuths down at Now I offer the amendment. The Sen- ing out to those people who block the the Treasury Department tracked her ate has previously agreed to the vote because the tougher you sound on down. They were going to slap a $10,000 amendment. Sufficient votes exist in Cuba, the better for them. So the fine on her, but she didn’t get it be- the Senate to agree to the amendment. President, about 3 years ago, decided to cause she was not home. She was at- Yesterday a colleague, following the tighten it up even further, shut it tending to her son who was dying of rules of the Senate, came and offered a down. Family vacations, family oppor- brain cancer. second-degree amendment. What is the tunities to interact, to send money So then, the next effort by the U.S. second-degree? It is about abortion. So home, he has tightened it all down. Government was to attach her Social the reason I say this is an interesting Incidentally, there is an amendment Security. They were going to take her lesson for people involved in political that was passed that is now law offered Social Security away. Why? Because science is, we now have an amendment by myself and then-Senator John she bicycled in Cuba. that deals with the issue of the free- Ashcroft. Talk about odd fellows; Sen- These folks in this picture are dis- dom of the American people to travel ator Ashcroft and I together offered an abled marathoners, folks in wheel- to Cuba second-degreed with an amend- amendment that became law that fi- chairs, folks with lost limbs. They are ment dealing with abortion. nally opened up a bit the ability of our people with the kind of spirit that is in My colleague Senator ENSIGN offered country to sell food into Cuba. We had the Special Olympics, who are disabled this second-degree amendment, the been unable to even move food into marathoners. Their big deal was going Child Custody Protection Act, related Cuba. Senator Ashcroft and I offered to be done in Havana, Cuba, the inter- to the transportation of minors and the amendment. It is now law. We can national event. They raised the money. circumvention of certain laws relating do that. The administration is now try- They trained. They looked forward, to abortion. It is an interesting lesson ing to shut that down. I fixed that in with great hope, to go to this inter- in how our system works around here. this subcommittee at the sub- national event. Guess what. This coun- We will offer this again. One of my committee level. I have a provision in try denied the opportunity for them to colleagues was intending to offer a sec- this bill that shuts down the adminis- travel to their international event. ond-degree so we wouldn’t have this tration’s opportunity to play mischief Why? Because it was in Cuba. mischief, but that second-degree didn’t with the opportunity for our farmers to I have no brief for the Castro govern- get offered. So the result is, another sell food into Cuba. It is immoral to ment. That is not my purpose. colleague comes over and offers an use food as a weapon. We know that. This man, as shown in this picture, abortion amendment on a very simple, This isn’t rocket science. by the way, is a Cuban. He came to this germane, and relevant amendment I wanted to explain as I withdraw country legally. He is an American cit- dealing with the subject of travel to this amendment for the moment why I izen. He joined the Marines. He went to Cuba. am forced to withdraw it: because the Iraq and is a hero. This man has a One of the things that makes the majority slaps an abortion amendment Bronze Star for serving this country. American people a little less than econ an amendment dealing with the Both his sons are still in Cuba. One of static about the way we work here is American people’s right to travel. It is them was desperately ill. He came back things that ought not use any brain- unbelievable. It is within the rules, but from fighting in Iraq, where he earned power at all, such as deciding to penal- still unbelievable. a Bronze Star because of his heroism. ize Americans, taking away the free- Those who have gained a few days Then he wanted to visit his sick son in dom of the American people to travel respite on this will not apparently have Cuba, and his Government said: You because we don’t like the Cuban gov- to vote today when I withdraw the don’t have the freedom to do that. You ernment. We don’t do that with China. amendment, but they will vote. When can’t see your son. China is a communist government. We they vote, the Senate will approve the That is what his Government said. say the best way to move people to- underlying amendment that I, Senator You fought for freedom in Iraq, but you ward better human rights and democ- CRAIG, Senator ENZI, and Senator BAU- don’t have the freedom here to travel racy is through trade and travel. So we CUS have offered. to Cuba to see your son. encourage people to go to China. Viet- AMENDMENT NO. 2133, WITHDRAWN I offered a bipartisan amendment nam is a Communist country. We do With that, I withdraw the amend- yesterday for myself, Senators CRAIG, the same—engagement, trade, and ment No. 2133. BAUCUS, and ENZI, two Democrats, two travel. But we say with respect to The PRESIDING OFFICER. The Republicans. That amendment has Cuba, what we have to do is restrict amendment is withdrawn. passed the Senate previously. The the freedom of the American people. Mrs. MURRAY. I suggest the absence amendment simply said: No funds may That is unbelievably ignorant as a pub- of a quorum. be used in this appropriations bill to lic policy. The PRESIDING OFFICER. The enforce the travel limitations on the We will change it one day, and there clerk will call the roll. American people traveling to Cuba. are sufficient votes in the Senate to The legislative clerk proceeded to Once again, what we have done is, we change it. But because there is now a call the roll. have decided to restrict the freedom of second-degree amendment dealing with Mr. COBURN. Mr. President, I ask the American people in order to slap abortion attached to the amendment, I unanimous consent that the order for around Fidel Castro—not much of a will withdraw the amendment this the quorum call be rescinded. bargain in a democracy. afternoon and simply tell my colleague The PRESIDING OFFICER. Without Senator MURRAY is from the State of who offered this that he will have de- objection, it is so ordered. Washington. I know a man from the layed this a bit. But inevitably, I and AMENDMENT NO. 2165 TO AMENDMENT NO. 2065 State of Washington who, after his fa- my colleagues will come to the floor. Mr. COBURN. Mr. President, I call ther was cremated, took his father’s We will have a sufficient opportunity for the regular order with respect to ashes to Cuba because his father want- to prohibit this kind of legitimate but amendment No. 2065, and I send a sec- ed his ashes dispersed on the grass in certainly strange mischief with a second-degree amendment to the desk. the church where he had ministered in ond-degree amendment on abortion at- The PRESIDING OFFICER. The Cuba before coming to this country. tached to a Cuba travel amendment. It amendment is now pending. When his father died, his compliant son is going to happen. We are going to The clerk will report. did what he was requested to do. He vote on this and we will, as we have in The legislative clerk read as follows: went to Cuba to distribute his father’s the past, vote to eliminate the restric- The Senator from Oklahoma [Mr. COBURN] ashes. tion of the American people’s right to proposes an amendment numbered 2165 to Our Government—God bless those travel. amendment No. 2065. folks in OFAC with those tiny little I know why this is happening. This is Mr. COBURN. I ask unanimous con- glasses and that magnifying glass all about politics. It is about politics in sent that reading of the amendment be tracking American citizens—tracked Florida and politics in New Jersey and dispensed with. him down and levied a fine for taking perhaps a couple other areas, but most- The PRESIDING OFFICER. Without his father’s ashes to Cuba. ly Florida and New Jersey. It is reach- objection, it is so ordered.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.045 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11625 The amendment is as follows: Mr. COBURN. Mr. President, I sug- I believe we find ourselves as a na- (Purpose: To make a perfecting amendment) gest the absence of a quorum. tion at that point in time again. With At the appropriate place, add the fol- The PRESIDING OFFICER. The the catastrophe we have seen to our lowing: clerk will call the roll. gulf coast, with the war in Iraq, with Section 144(g)(1) of title 23, United States The legislative clerk proceeded to the energy crisis, and with the budget Code, is amended— call the roll. deficit, it is time for us to change our (1) in subparagraph (A)(ii), by striking ‘‘for Mr. COBURN. Mr. President, I ask priorities. the construction of a bridge joining the Is- unanimous consent that the order for land of Gravina to the community of Ketch- The second-degree amendment does the quorum call be rescinded. not save the amount of money I wanted ikan in Alaska’’ and inserting ‘‘for the re- The PRESIDING OFFICER. Without construction of the Twin Spans Bridge con- it to save, but it does save $75 million, objection, it is so ordered. necting New Orleans, Louisiana, and Slidell, and it takes that $75 million and sends Louisiana’’; Mr. COBURN. Mr. President, I have offered a second-degree amendment it to the Lake Pontchartrain Bridge. It (2) by striking subparagraph (B); and eliminates two bridges that should be (3) by redesignating subparagraph (C) as that deals with a subject that has been subparagraph (B). on everyone’s mind. It has been in very low priority in terms of the infra- (b) Item number 14 of the table contained every newspaper in the country. It is structure of this country. All the in section 1302 of the Safe, Accountable, about almost $500 million for bridges in money that is not taken from those Flexible, Efficient Transportation Equity the State of Alaska that, although bridges can be reprogrammed, portions Act: A Legacy for Users (Public Law 109–59; of it can be reprogrammed to the State 119 Stat. 1144) is amended— they may be needed, are priorities, as we have discussed today, that are very of Alaska for things they and their (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; elected representatives would deem and low on the totem pole in terms of the (2) by striking ‘‘Planning, design, and con- needs of the country. might be more important. struction of Knik Arm Bridge’’ and inserting I would also state, as I have earlier I think it is important also to know ‘‘Reconstruction of Twin Spans Bridge con- today, that we find ourselves in a sig- what the people of Alaska think. I ask necting New Orleans and Slidell, Louisiana’’. nificant difficulty as a nation. We had unanimous consent to submit for the (c) The table contained in section 1702 of the worst natural disaster to hit our RECORD quotes from letters to the edi- the Safe, Accountable, Flexible, Efficient tor and editorial opinions from the Transportation Equity Act: A Legacy for country we have ever experienced. We Users (Public Law 109–59; 119 Stat. 1144) is are in a war. We added $600 billion to major newspaper in Alaska on the sta- amended— our national debt this last year. That tus of these two bridges. (1) in item number 406— is not our national debt. That is our There being no objection, the mate- (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; children’s and our grandchildren’s na- rial was ordered to be printed in the and tional debt. That is over $2,000 per RECORD, as follows: (B) by striking ‘‘Planning, design, and con- man, woman, and child. In this country LETTERS TO THE EDITOR FROM ALASKANS— struction of a bridge joining the Island of this year we added to what they are Gravina to the Community of Ketchikan’’ ALASKANS CALL TO GIVE BRIDGES MONEY TO and inserting ‘‘Reconstruction of Twin Spans going to have to pay back, compounded HURRICANE VICTIMS Bridge connecting New Orleans and Slidell, at 6 percent over the next 30 years, ‘‘Thinking about the immense disaster in Louisiana’’; $30,000 to $40,000. the Gulf states, it occurred to me that the (2) in item number 2465— I think it is important for us to look most effective thing that Ketchikan resi- (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; back at history a little bit to help us dents could do to help would be to return the and get redirected in terms of our prior- money earmarked for our Gravina Bridge.’’— (B) by striking ‘‘Planning, design, and con- ities. There was a President who faced Dave Person, Ketchikan, Stories in the struction of Knik Arm Bridge’’ and inserting tremendous difficulties in our Nation. News, Sept. 3, 2005. ‘‘Reconstruction of Twin Spans Bridge con- His name was Franklin Delano Roo- ‘‘We must all seriously demand that our necting New Orleans and Slidell, Louisiana’’; sevelt. He made a lot of great decisions Alaska congressional delegation take imme- (3) in item number 3323— for our country—enabled us to win diate steps to recall and to redistribute the (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; millions of dollars now earmarked for non- and World War II through his leadership. essential and highly questionable and con- (B) by striking ‘‘Earthwork and roadway But less well known is FDR’s decision troversial new Alaska bridges, which include construction Gravina Access Project’’ and to slash nondefense spending by over 40 a Lynn Canal road.’’—Alan Munro, Juneau, inserting ‘‘Reconstruction of Twin Spans percent between 1942 and 1944. Among Juneau Empire Letters, Sept. 7, 2005. Bridge connecting New Orleans and Slidell, the programs that were eliminated en- There is no free federal money; what we Louisiana’’; and tirely were FDR’s own prized creations. Alaskans get is money that some other (4) in item number 3677— By 1944, such pillars of the New Deal as state—and its people—don’t get. Even those (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; the Civilian Conservation Corps, the many of us who’ve recognized that our con- and gressional delegation has brought in more (B) by striking ‘‘Planning, design, and con- National Youth Administration, and the Work Projects Administration had than our fair share have found it easy to struction of Knik Arm Bridge’’ and inserting turn our heads and let it be. But now we ‘‘Reconstruction of Twin Spans Bridge con- been abolished. In 1939, those three pro- have a vivid picture of the devastation that necting New Orleans and Slidell, Louisiana’’. grams had represented one-eighth of can come to others when we ‘‘win’’ the funds (d) Item number 2 of the table contained in the Federal budget. Roosevelt and the for nonessential and even controversial section 1934 of the Safe, Accountable, Flexi- Congress of his day knew what to do in projects that others desperately needed for ble, Efficient Transportation Equity Act: A an emergency. Indeed, he chose to survival.’’—Doreen Ransom, Anchorage, An- Legacy for Users (Public Law 109–59; 119 chorage Daily News Letters, Sept. 25, 2005. Stat. 1144) is amended— begin the reordering of budget prior- ‘‘I’m embarrassed to see the town of Ketch- (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; ities long before Pearl Harbor. ikan become synonymous with a $300 million and In October 1939, 1 month after Hitler bridge,’’ . . . Troll said he believes that, if (2) by striking ‘‘Improvements to the Knik invaded Poland, Roosevelt wrote Har- there were an election right now on using Arm Bridge’’ and inserting ‘‘Reconstruction old Smith, his budget director, order- the money for the bridge or for building up of Twin Spans Bridge connecting New Orle- ing him to hold budgets for all Govern- the New Orleans levees, almost everyone in ans and Slidell, Louisiana’’. ment programs at the present level and town would say no to the bridge.—Ketchikan (e) Sections 1949, 4410, and 4411 of the Safe, below if at all possible. The next month Accountable, Flexible, Efficient Transpor- artist Ray Troll, in ‘‘Bridge to Nowhere? Na- tation Equity Act: A Legacy for Users (Pub- he told him the administration would tional spotlight has Ketchikan uncomfort- lic Law 109–59; 119 Stat. 1144) are repealed. not undertake any new projects, even able’’, Sean Cockerham, Anchorage Daily (f) No funds made available under this Act laudable ones. He told reporters that News, Sept. 18, 2005. shall be used to plan, design, or construct, in the next year his policy would be to ‘‘The decent thing—that is, the American the State of Alaska— cut nonmilitary programs to the bone. thing—for Alaskans and our congressional (1) the Knik Arm Bridge; or He kept his word. Between 1939 and 1942 delegation to do would be to send these ill- (2) a bridge joining the Island of Gravina to spending for nondefense programs was gotten half-billion dollars south to address the community of Ketchikan. the real needs of millions, rather than squan- (g) Nothing in this section or an amend- cut by 22 percent. Everyone realized dering them here on corporate welfare ‘‘leg- ment made by this section affects the alloca- that no matter how popular or deeply acy’’ projects that line the pockets of a tion of funds to any State other than the entrenched the program, the Nation’s few.’’—John Doyle, Anchorage, Anchorage States of Alaska and Louisiana. priorities had to change. Daily News, October 7, 2005.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.047 S20OCPT1 S11626 CONGRESSIONAL RECORD — SENATE October 20, 2005 ‘‘This money, a gift from the people of Do your part, Alaska, and vote Ted Ste- aid; it will be a symbol for our beleaguered Alaska, will represent more than just mate- vens and his pigsty of friends out, and say no democracy . . . rial aid; it will be a symbol for our belea- to pork. Quit being selfish and expecting I would assume that most Ketchikan resi- guered democracy.’’—Art Weirner, Anchor- your politicians to bring home the bacon. dents would agree that thousands of suf- age Daily News Letter, Sept. 13, 2005. JOE HARDIN. fering fellow citizens and billions of dollars ‘‘Alaska’s lone congressman can take some Mr. COBURN. I will quote a few of of destroyed economic and social infrastruc- gut satisfaction in telling critics of his ture are of higher priority than our ability those, if I might. The first is from Dave to drive to the airport. transportation bill plums for Alaska to ‘‘kiss Person, Ketchikan, the very place my ear.’’ But he’d be wise to lend an ear to The I–10 twin span bridge in Lou- where 50 people live and a $230 million- what the rest of the country is grumbling isiana is a 5.4-mile stretch of Interstate plus bridge is going to go to service about Alaska. 10 over Lake Pontchartrain. It con- them. So you can get perspective on A touch of grace may do more for Alaska nects New Orleans with the city of Sli- this, $230 million for 50 people, where than a crude invitation. After all, the state dell. The twin span serves as the major just announced that Permanent Fund divi- there is a ferry service already running dend checks of $845.76 will be going to every route into New Orleans for interstate every 15 to 20 minutes that takes 7 commerce, resident mobility, and Alaskan this fall. That’s $510 million, about minutes to cross, is enough money to $60 million more than the federal money as- working commuters. Storm surge from buy each one of them a Learjet. Think Hurricane Katrina caused extensive signed to the Knik Arm Crossing and the about that for a minute—a bridge Ketchikan Bridge to Gravina Island.’’—‘‘Kiss damage to both spans of the bridge, what? Did he mean, kiss my earmark,’’, An- longer than the Golden Gate for 50 peo- knocking 435 concrete segments out of chorage Daily News Editorial, Sept. 24, 2005. ple to a small area in Alaska. That is alignment. Each segment weighs 309 ‘‘Amen . . . send our bridge money to New enough money to buy every one of the tons. The eastbound span was repaired Orleans.’’—Bobbie McCreary, Ketchikan, inhabitants a speedboat to cross any with several undamaged segments from Stories in the News, Sept. 6, 2005. time they wanted. They could cross the westbound span and was just and leave the speedboat for somebody opened to two-way traffic. The west- [From the Anchorage Daily News] else to pick up and buy a new one the bound span is not scheduled to be open ALASKANS WHO SENT DELEGATION TO D.C. very next day and still not spend this until at least January. The Louisiana OWE HURRICANE SURVIVORS AN APOLOGY much money. Department of Transportation plans to As Alaskans view from afar the physical So the fact is, it is the priorities we solicit bids on replacement of the twin- destruction and social devastation caused by have in our country that are askew spin bridge in the spring of 2006. Each Hurricane Katrina, we should be mindful of today. The priority of spending almost the distorted priorities promoted by Rep. three-lane span will be elevated to a one-half billion dollars on bridges to a height to avoid the type of damage Don Young and Sen. Ted Stevens. While they very small section of the population pork-barreled hundreds of millions of dollars that Katrina caused. The preliminary to build boondoggle bridges in Anchorage needs to be addressed. estimate of construction cost is $500 and Ketchikan to benefit their friends and What this amendment does is pro- million and it will take 3 years to political contributors, they and their part- hibit and directs no money to be spent build. The recently enacted Transpor- ners in the Bush administration repeatedly on these bridges. That does not mean tation bill included the $223 million for cut the funds requested by the Army Corps of Alaska will not get the same amount of the Ketchikan Bridge and to Gravina Engineers, Federal Emergency Management money. It will get the same amount of Island, a total of $229 million, or $452 Agency and state and local governments for money less $75 million, and it directs projects that could have prevented the New million for two bridges. The merits of $75 million to go to the twin span both these projects have been ques- Orleans disaster. bridges of I–10 that were knocked out Sen. Stevens and Congressman Young tioned, wildly questioned, including by should be ashamed of their greed and corrup- during Hurricane Katrina. citizens of Alaska. The Ketchikan tion that has harmed so many and brought My hope was that I could move all Bridge has been called the bridge to no- disgrace on our nation. Our entire congres- the money, but under the technical where—$4,460,000 per resident to build a sional delegation has also argued on behalf ways we run bills and under the for- bridge that already has an adequate, of their energy-industry friends against over- mula of the Transportation Depart- safe, effective, and efficient ferry serv- whelming scientific evidence of the human- ment, that is not possible. I believe the ice. This bridge will be nearly as long caused global warming that is exacerbating American people would like to see all as the Golden Gate Bridge and taller the destructiveness of storms and destroying of that. But let me quote Dave Person our fragile Alaska ecosystems. than the Brooklyn Bridge. The Gravina Alaskans owe an apology to the people of from Ketchikan: Thinking about the Bridge would replace the 7-minute New Orleans, to Alaska Native people and to immense disaster in the Gulf States, it ferry, as I have mentioned. the nation for their selfish shortsightedness occurred to me the most effective The second Alaska bridge, the Knik in sending these scoundrels to Washington thing we can do as residents of our is- Arm Bridge, is designed as a 2-mile toll and voting to keep them there. land would be to return the money ear- bridge across the Knik Arm Waterway marked for our Gravina Bridge. in Anchorage to Fort McKenzie, and LET’S DONATE A BRIDGE TO VICTIMS OF This is the people of Alaska, with the Matanuska Valley. KATRINA compassion. They know what is right. No more than a few dozen individuals SEPTEMBER 3, 2005. They know what we should be doing. live in the area the bridge will serve. Thinking about the immense disaster in Here is another citizen from Alaska: According to the Knik Arm Bridge and the Gulf states, it occurred to me that the I am embarrassed to see the town of Toll Authority, the project will cost most effective thing that Ketchikan resi- Ketchikan become synonymous with a $400 to $600 million. Using the esti- dents could do to help would be to return the money earmarked for our Gravina bridge. I $300 million bridge. If there were an mates from a decade ago, the project would assume that most Ketchikan residents election right now on using the money would cost $1.5 billion when adjusted would agree that thousands of suffering fel- for the bridge or building up the New for inflation. low citizens and billions of dollars of de- Orleans levees or repairing a bridge in Before it is said and done, this bridge stroyed economic and social infrastructure New Orleans, almost everyone in town will probably require another $1 billion are of higher priority than our ability to would say no to the bridge. Anchorage of taxpayer money—well within the drive to the airport. Daily News. massive transportation bills we will be DAVE PERSON, And: The decent—that is, the Amer- passing over the next years. But the Ketchikan, AK—USA. ican thing—for Alaskans and our con- question I ask is if repairing a vital interstate bridge in Louisiana, used by [From the Anchorage Daily News, Sept. 13, gressional delegation to do would be to 2005] send these one-half billion dollars thousands and thousands and thou- south to the real needs of millions, sands of drivers every year, hundreds of JUST SAY NOTOPORK, ALASKA—VOTE TED thousands of drivers, should be a high- STEVENS, HIS PALS OUT OF OFFICE rather than spending them here in er priority than constructing two mas- If we are to control federal spending, we Alaska on legacy projects that benefit must get a handle on local, parochial inter- a few. sive bridges of dubious value and little ests. People keep telling me that Alaska is a Anchorage Daily News, September 13, merit. We are now at $8 trillion in debt very conservative place as far as fiscal issues 2005: as a nation, and $600 billion of that go. Well, to me that means keeping govern- This money, a gift from the people of Alas- came this last year. It is time we think mental spending under control. ka, will represent more than just material about priorities.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.014 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11627 It is my understanding this amend- is right on the side of a very steep tion in Ketchikan. While I question it, ment is going to be vigorously opposed mountain. It is essentially one long it is not my job to say what the trans- by the home State Senators. This has narrow main street. Once you go off portation priorities of Minnesota are or nothing to do with my respect for them the main street, you are going up the Alaska or Washington or other States. but has everything to do with my re- hill. Not a great place for economic de- It raises a question in my mind, and I spect for our country and our desire to velopment. understand why my colleague raised it. change the way we put our priorities I was there, and I spoke with the I think before we move on this on spending. If you think about the un- leaders in the town. They view this as amendment, we will want to hear from funded liabilities that are coming, $37 their salvation. They think this is ex- the Senators from Alaska and look at trillion on Medicaid and Medicare, an- tremely important to their continued an alternative amendment which I be- other $8 or $9 trillion on Social Secu- economic development. Nevertheless, I lieve would satisfy most people’s ques- rity, a debt that is soon to reach, by see some real problems with it because tions to make sure a badly needed 2009, 2010, $12 trillion, how much more that bridge would go across an inlet bridge in Louisiana is completed and can we give to our kids, our grand- which is a major floatplane landing also that nothing goes forward on the children? area for floatplanes coming in and out Alaska bridge until there is a study Is it not a time when we at this of Ketchikan. In addition, large cruise completed and the transportation au- point, in consideration of everything ships 250 feet tall come through there. thority in Alaska makes a decision. that is in front of us, the problems, the They would have to build a bridge over The PRESIDING OFFICER. The Sen- magnitude of the problems, the struc- that. ator from Iowa. tural deficit we have, make the hard I am not sure this would make sense. AMENDMENT NO. 2160, AS MODIFIED choices about picking winners and los- But the fact remains, this is not a deci- Mr. GRASSLEY. Mr. President, I ask ers that affect the most people? But sion which is being made by people unanimous consent that the Grassley more importantly, isn’t it about time from Missouri and Washington and amendment be taken up. We can handle we change the whole attitude about other places. I did not like it, but I am it in about 2 or 3 minutes. how we operate in terms of cutting an outsider. The PRESIDING OFFICER. Without spending? The American people want The chairman of the House Transpor- objection, it is so ordered. to help the people of Louisiana, Mis- tation and Infrastructure Sub- Mr. GRASSLEY. Mr. President, I sissippi, and Alabama. There is no committee made it a top priority. It is send a modification to the desk and question. They also want to help the telling the people of Alaska that we are ask that my amendment be modified, people of Alaska, but the Alaskan peo- going to take away highway money, which I have the right to do. ple have already said they are willing which was paid into the highway user The PRESIDING OFFICER. The Sen- to help with this. We ought to do this. trust fund, and put it into obviously a ator does have a right to modify his It is only $75 million that will go to- badly needed reconstruction project in amendment. The amendment is so ward the cost, but that is $75 million Louisiana, which is going to be funded modified. that won’t get transferred in emer- by the emergency appropriations bills The amendment, as modified, is as gency spending for our children and that will be coming before us. follows: our grandchildren. It is something that Secondly, I happen to believe that On page 356, between lines 4 and 5, insert is the right thing to do. It is something the money is not going to be spent un- the following: that is the timely thing to do. And it is less the people of all of Alaska and SEC. 408.(a) The division of the court shall something we ought to do not for right their leaders are convinced it is the release to the Congress and to the public not later than 60 days after the date of enact- now but for our children and our grand- right place to spend it. Why do I know that? When I first came to Washington, ment of this Act all portions of the final re- children. port of the independent counsel of the inves- I also would note that this still gives I thought it would be a great idea to tigation of Henry Cisneros made under sec- tons of flexibility to the State of Alas- build a small road someplace. I put an tion 594(h) of title 28, United States Code, ex- ka. There are two types of money in earmark, a modest amount, in a bill for cept for any such portions that contain in- the highway bill, discretionary money work on a little highway. The depart- formation of a personal nature that the divi- and program money. This only takes ment of transportation in Missouri did sion of the court determines the disclosure of away discretionary money and limits not agree with it. That money never which would cause a clearly unwarranted invasion of privacy that outweighs the public the program money on these two got spent. Roads get built, bridges get built in areas where the State trans- interest in a full accounting of this inves- bridges, for anything that comes out of tigation. Upon the release of the final report, discretionary will be than more than portation authority, whether it be the the final report shall be published pursuant paid for by this elimination. commissioner or the Governor, wants to section 594(h)(3) of title 28, United States With that, I will yield the floor. them to be built. Code. The PRESIDING OFFICER. The Sen- There is a study ongoing as to wheth- (b)(1) After the release and publication of ator from Missouri. er this bridge is needed, whether a tun- the final report referred to in subsection (a), Mr. BOND. Mr. President, I believe nel would be more efficient, or whether the independent counsel shall continue his before long, when they complete a a speedier ferry system would work office only to the extent necessary and ap- markup, that the Senator from Alas- out. The ferry is charming—not really propriate to perform the noninvestigative and nonprosecutorial tasks remaining of his ka—probably both Senators will be fast going across from the airport to statutory duties as required to conclude the here. They will have an opportunity to Ketchikan, but it will get you there. functions of his office. speak, and I am confident we will hear What is the best way to handle it? My (2) The duties referred to in paragraph (1) a very different side of that story. I do own personal view is that the people of shall specifically include— not presuppose to speak for the Sen- Alaska will make that decision. I ques- (A) the evaluation of claims for attorney ators from Alaska, but let me tell you tion whether they would move to go fees, pursuant to section 593(l) of title 28, my own personal observations on the ahead with that bridge. We will have United States Code; an amendment, which is being pre- (B) the transfer of records to the Archivist situation. of the United States pursuant to section No. 1, it certainly would not have pared, that will say the bridge should 594(k) of title 28, United States Code; been my priority. Right now, there are not be built until the badly needed (C) compliance with oversight obligations about 50 people on the island to which bridge between New Orleans and Slidell pursuant to section 595(a) of title 28, United Ketchikan would be connected. The is- is built, during which time I believe States Code; and land has an airport on it. They view the Alaska transportation authority is (D) preparation of statements of expendi- this as a major economic development studying it before it would even begin tures pursuant to section 595(c) of title 28, area for the community of Ketchikan. to be built. I believe that is a more ap- United States Code. The town has been devastated be- (c)(1) The independent counsel shall have propriate way to deal with this ques- not more than 45 days after the release and cause of the Federal cutoff of timber tion. publication of the final report referred to in sales which used to be the major indus- I have heard lots of people com- subsection (a) to complete his remaining try in Ketchikan, so they are looking plaining about this bridge, but, again, statutory duties unless the division of the to develop alternative sites. Ketchikan most of them do not know the situa- court determines that it is necessary for the

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.050 S20OCPT1 S11628 CONGRESSIONAL RECORD — SENATE October 20, 2005 independent counsel to have additional time Senator from Iowa has outlined in his concern to me and my constituents, to complete his remaining statutory duties. amendment, and 45 days after that, the which is Amtrak funding. I would like (2) If the division of the court finds that funding stops for the independent coun- to, in particular, thank the two leaders the independent counsel needs additional time under paragraph (1), the division of the sel. for their outstanding support of Am- court shall issue a public report stating the It is the right thing to do. My col- trak. It is a vital and important part of grounds for the extension and a proposed league from Iowa is someone who looks the transportation infrastructure of date for completion of all aspects of the in- out after the taxpayers’ dollars on a the Commonwealth of Pennsylvania. vestigation of Henry Cisneros and termi- range of issues, and I have joined him Philadelphia, in particular, and south- nation of the office of the independent coun- on many of them. I am pleased to stop eastern Pennsylvania benefit greatly sel. the funding for an independent counsel from the relief of congestion off our Mr. GRASSLEY. Mr. President, I that has been in business 11 years and highways which are incredibly con- also ask unanimous consent that Sen- seems to be able to do everything ex- gested. Amtrak provides great service ator DORGAN be added as my only co- cept stop spending money. up and down the Northeast corridor. sponsor on this amendment. Let’s get the report. The subject of We happen to be right in the middle of The PRESIDING OFFICER. Without the report pled guilty 6 years ago and that corridor in Philadelphia. Philadel- objection, it is so ordered. was the recipient of a pardon 4 years phia is now the second busiest station, Mr. GRASSLEY. Mr. President, in 15 ago. It is time to stop the funding. second only to New York, on that cor- seconds I wish to say that I appreciate That is what the amendment does. ridor, and it is vitally important that very much the accommodations Mr. I am pleased to be a cosponsor with sufficient funds are available. The $1.45 DORGAN has made and the fine dialog my colleague from the State of Iowa, billion that is in this bill is $250 million we had in bringing a compromise to my Mr. GRASSLEY. more than last year, which we appre- amendment. I compliment him on the I yield the floor. ciate, and almost $300 million more work he did on this issue 2 or 3 months The PRESIDING OFFICER. The Sen- than what the House has appropriated ago on a similar amendment. I appre- ator from Missouri. in their bill. ciate very much the cooperation we Mr. BOND. Mr. President, we have I wished to come and thank the have had. followed this discussion for a long chairman and ranking member of the I yield the floor. time. This independent counsel has committee. I think the fact that we The PRESIDING OFFICER. The Sen- been working on this investigation have not seen any Amtrak amend- ator from North Dakota. since I was a very junior Member of the ments to increase the funding shows we Mr. DORGAN. Mr. President, I am U.S. Senate. Not only has my hair got- have worked very hard together to get pleased to have worked with my col- ten gray, but I think the independent a good, solid number to go into con- league from Iowa. He offered a similar counsel has gotten a lot grayer as well. ference, with the hope that we can get amendment to the one I offered some Not only does the clock keep running, good, strong support for this vitally months ago. We have worked out a but the expense keeps running. important part of southeastern Penn- modification of that amendment. I be- At the same time, there were very se- sylvania’s transportation network. lieve it advances the right interest rious allegations raised to the inde- I want to again thank the chairman here. pendent counsel, and those, I gather, and ranking member for their excellent Let me describe what this does. It have had findings attached to them, work. deals with an independent counsel and whether they were accurate or not, and I yield the floor and I suggest the ab- the funding for an independent counsel it is time we brought this to a close sence of a quorum. and the report that should be published and find out what the independent The PRESIDING OFFICER. The by that independent counsel. This inde- counsel found because it goes to the op- clerk will call the roll. pendent counsel was for investigating eration of the Department of Treasury The assistant legislative clerk pro- former Secretary Cisneros where some and other agencies in the Federal Gov- ceeded to call the roll. money allegedly had been paid to ernment. If he found a problem, it is Mr. STEVENS. Mr. President, I ask someone else, lying to the FBI, et time we go about fixing the problem. unanimous consent that the order for cetera. So an independent counsel was I know the Judiciary Committee and the quorum call be rescinded. created. That was nearly 11 years ago. the Finance Committee are very much The PRESIDING OFFICER. Without That independent counsel is still work- interested in this. Our committee is in- objection, it is so ordered. ing, spending at the rate of about $2 terested in it. Mr. STEVENS. Mr. President, the million a year. I thank my colleague from Iowa and highway reauthorization bill recently In 1995, the charge existed which my colleague from North Dakota. I ask passed the Congress. It was several caused the independent counsel to be to be added as a cosponsor because all years in the making and the result of a created. In 1999, Mr. Cisneros pled good things come to an end, and even compromise. Now one of our colleagues guilty. In 2001, Mr. Cisneros was given independent counsel investigations feels it is his responsibility to rewrite a Presidential pardon. It is all gone, come to an end. portions of that bill to achieve his but the independent counsel is still The PRESIDING OFFICER (Mr. goals, not those that are expressed in working nearly 11 years later. CORNYN). Without objection, it is so or- the law itself. I previously offered an amendment dered. Unfortunately, the manner in which that had passed the Senate but then The PRESIDING OFFICER. If there the Senator wishes to do this has no died in conference that would just shut is no further debate, the question is on impact on his constituency or any off the money. My colleague from Iowa agreeing to amendment No. 2160, as other constituency except Alaska. I has perhaps even a more thoughtful modified. fought for statehood as a member of amendment, but it is one I fully sup- The amendment (No. 2160), as modi- the Eisenhower administration. I have port and am pleased to join him on fied, was agreed to. been here now almost 37 years. This is today. Mr. BOND. I move to reconsider the the first time I have seen any attempt The reason I am is that the col- vote. by any Senator to treat my State in a umnist, Mr. Novak, wrote that the pur- Mrs. MURRAY. I move to lay that way differently from any other State. pose of the original amendment was to motion on the table. It will not happen. It will not happen. prevent a report from being filed. Mr. The motion to lay on the table was I can remember many times when Novak is never in doubt but not always agreed to. other Senators have stood on the floor right. My interest was not in a report The PRESIDING OFFICER. The Sen- and used parliamentary devices that at all. The report, I understand, is with ator from Pennsylvania. kept people up for 2 to 3 days. This is the three-judge panel. I think every- Mr. SANTORUM. Mr. President, I not the way to treat a State. We are a body ought to see the report. want to thank the chairman and rank- sovereign State. If the Senate wishes This amendment says 60 days from ing member of the subcommittee for to take part of the highway money and enactment, the report must be made the work they have done on this bill share it with New Orleans, we would be public with proper safeguards, as the and one thing in particular that is of happy to join any other State. We

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.017 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11629 would be happy to make a fair con- cated to the State of Alaska, is unac- When I first came to the Senate, tribution in any other program. We ceptable to this Senator. funds were allocated to a State based have already notified our State that I am now President pro tempore of on the amount of land that was Federal many of the things we have been able the Senate, the second oldest Member land in a State that was withdrawn. to get funding for in the past may not of the Senate, the fourth in service in That was dropped after Congress, in its be available now for a period of time the Senate, and I again say to my wisdom, withdrew so much of Alaska. until we build the area affected by friend from Oklahoma I have never If we had the old formula, I can tell Katrina or Rita. seen it suggested to single out one you, the Senator from Oklahoma Our State suffered the largest dis- State and say, You pay for a disaster wouldn’t even understand the money aster in America preceding Katrina, that happened 5,000 miles away. we would get because more than half of the 1964 earthquake. I remember it We want to shoulder our fair share of the Federal land in Alaska is with- well. I remember being a young lawyer the burden. We will do so. Those who drawn, and the Federal Government and being forced to borrow money to want to look at this amendment as will own, in any event, almost two- keep the doors of our law firm open; to some sort of amendment that should be thirds of Alaska no matter what hap- borrow money to repair my home that adopted because of misleading stories pens in the future. was destroyed by that earthquake par- in the press, I warn you, it could hap- To have a representative of the Fed- tially; to borrow other money to help pen to you, too. These bridges are nec- eral Government say Alaska doesn’t in terms of the concepts of rebuilding essary. Just take the one across the need bridges, take them away from in that area. Knik Arm near our largest city of An- them and repair those bridges that Our State faced that recovery, and I chorage. Anchorage is surrounded by went down in the disaster is absolutely think we understand what the people of water on two sides and by a military wrong. Absolutely wrong. New Orleans and the Katrina and Rita reservation on one side and a national I remember as a young man in Cali- areas face. We now have another such forest on the other. There is no way to fornia when someone suggested there storm coming upon us. expand. Across this Knik Arm is land ought to be a bridge, what we call the The amendment that is before us now owned by the State and by private peo- Golden Gate, over the San Francisco will affect only Alaska. It will help ple that we could expand to. We have Harbor. People said: You can’t do that. Louisiana. We want to help Louisiana been trying to get a bridge across there That is a bridge to nowhere. I remem- but not solely at the expense of Alaska. for as long as I can remember. But be- ber those words, ‘‘a bridge to nowhere,’’ That is not a way to treat a sovereign cause we are a small State, it is hard a bridge up in Marin County where State. This is something on which I to do. hardly anybody lived. It was a place for think every Senator must examine his The time came when one of the Mem- cows and ranchers. Today what is it? It or her own conscience. What would bers of our delegation was chairman is a thriving part of the great State of they do if they were faced with the and he kept pressing and pressing and California. proposition that only their State’s al- finally convinced his colleagues that How about the bridge from New Orle- location of funds under a protective bridge should be funded in a way that ans to Baton Rouge—absolutely going program would be taken and given to takes a sizable portion of our State’s into wilderness. No one ever expected another State at the time of disaster? funding under formula money, and a it to develop. That is part of the area This is not the way to meet a dis- portion of the so-called above-the-line that suffered from the disaster because aster need, to turn to the smallest—we money, money for grants for special it was so heavily developed. have the smallest allocation per area projects, and made it possible that the How about the bridges that cross is- of any State in the Union for roads. We Knik Arm bridge could be built. land to island going down the Keys in only have a very small road system. The other bridge is in the south- Florida? I remember as a young man The reason is that so much of our State eastern area. It is the largest forest in going overseas, going to the edge of has been withdrawn, and it is not pos- the United States and is practically all that area. You couldn’t travel by road. sible to build roads through the Fed- withdrawn, practically all owned by You had to have a boat like you do in eral lands that are set aside for parks, the Federal Government and set aside Alaska. You still have to do that in wildlife refuges, wild and scenic rivers, for wilderness areas or nonpublic uses. Alaska. There are no bridges between wilderness areas. We are limited, and There is one portion available to us, Alaskan islands. But go to Florida and we must build bridges so that we can but it takes a bridge to get to it. That where are they? It is a beautiful drive. tie together two areas that are inacces- is State land and private land, the only Every one of those bridges was paid for sible otherwise. land, really, in that kind of area that by highway money. That is because of withdrawals and can be developed because all the rest of There were those who said at the set-asides of lands in our State that are it is owned by the Federal Government time: That is a waste of taxpayers’ owned by the Federal Government. and set aside, with the exception of money. It wasn’t taxpayers’ money I ask my friend—and he is my some Native lands that are a little bit anyway. It is highway-user money, and friend—from Oklahoma, how would he farther away. highway-user money should be used for explain to his people at home, if he We can argue about the needs. That disasters only on the basis considering went home after the Senate had taken argument should have been made at what the impact is on the highway sys- money away from his State previously the time the highway bill passed. The tem itself. authorized by law and signed by the highway bill allocated money for those. I have a unique role in my State be- President? It comes out, not from the Treasury, cause I not only served in the Eisen- That is not the way to treat a sov- but out of funds paid by people who hower administration, trying to urge ereign State. These funds that are nec- buy gasoline and people who buy parts the admission of Alaska to enter the essary for bridges in Louisiana must be for cars, people who buy various things Union, but it was my honor to come provided. That is a given. After the dis- that require them to contribute to the here after Alaska had only been a aster in Florida, when I was the chair- highway fund. State for 10 years. In December I will man of the Appropriations Committee, I have come quite often to the floor have been here 37 years, as I said. notwithstanding the opposition of the and described my State to the Senate. I come to warn the Senate, if you administration, I assisted the delega- I remind the Senate, we have half the want a wounded bull on the floor of the tion from Florida to obtain money to coastline of the United States. We are Senate, pass this amendment. I stood rebuild their bridges and roads. That one-fifth the size of the whole United here and watched Senator ALLEN teach was from the General Treasury. That States. We have more withdrawings for the Senate lesson after lesson after may have caused a deficit. We tried our parks, wildlife refuges, wild and scenic something was done to Alabama that best to offset it, and I think to a major areas, wilderness areas than all the he didn’t like. extent we did offset it. rest of the States put together. We I don’t threaten people; I promise The request that has been made now need bridges because we need to get people. I came here and swore to up- to offset gulf coast spending using the from one private area to another pri- hold the Constitution of the United highway bill money, only that allo- vate area. States. I came here to represent a

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.053 S20OCPT1 S11630 CONGRESSIONAL RECORD — SENATE October 20, 2005 State that is an equal member of this I think it was the Memorial Bridge in take this personally. So I rise with my Union. Notwithstanding how many Milwaukee that was first called the colleague to speak very strongly in op- people are there, we are to be treated bridge to nowhere, the Daniel Webster position to a measure that is going to the same as any other State. On the Hoan Bridge. That now serves as a isolate us, that is going to pinpoint one floor of the Senate we are equal to any major north-south connector between State above everybody else to say: You other Senators, my colleague and I. downtown Milwaukee and the neigh- are responsible; it is dollars directed to This amendment is an offense to me. It borhoods in that city. your State that we will now redirect to is not only an offense to me, it is a The Astoria Bridge on the Columbia the devastation in the gulf area. threat to every person in my State. We River was referred to as a bridge to no- Alaskans are not hesitant to step up came here to have the same rights, the where. It connects Astoria, OR, to what to the plate and help. We do it day in, same privileges that were made avail- was once an empty shore. It now car- we do it day out. We want to continue able to any other State and to the peo- ries 6,000 cars a day, over 2 million peo- to be able to do that. But when we are ple who live in those States. While we ple a year. We deserve the same right singled out as one State, saying, Your are one-fifth the size of the United to grow. project is not worthy; of all the other States, we only have 13,485 miles of Currently, the bridge will serve mili- projects out there we are going to go road. That is less than King County, tary families who live in the Anchor- after yours, it is not the time to be sit- WA. Why? Because the Congress, in its age area and pay very high costs. Be- ting back and saying we can com- wisdom, has withdrawn so much of our cause of the cost of land, the rent is promise on this, we can make a deal. land, as I said, that you can’t build very high. That is because of the lack There has been a great deal of discus- roads. of land to expand. They will go across sion about this bridge. Let us speak Oklahoma is one-eighth the size of to the Matanuska Valley and have a first to the bridge in Ketchikan. It has Alaska. It has almost 10 times as many better place to live. been referred to on this floor as a roads. All I want to do is put the Senate on bridge to nowhere. There have been ref- If the concepts involved in this bill notice. I have been asked several times erences to media accounts about the were applied to States as the Nation today if I will agree to this version or community of Ketchikan and the moved westward, we would still have that version of the amendment of the project they have been working on for wilderness beyond the Mississippi. I Senator from Oklahoma. No. No, I will years and years. What I am hearing re- really cannot understand this. Roads not, unless it treats all States the peated in the Chamber and what I have are the lifeblood of this country. That same way. seen in letters to us as Senate col- is what made us free, having the abil- We are here to ask you, those of us leagues is a repetition of what we hear ity to move, having the ability to use from Alaska, to believe that fairness is in the media, the same tired, worn-out individual transportation, having the fairness; equality is equality. Being a facts that quite honestly aren’t true, ability to drive from Oklahoma to member of the 50 States is being a don’t hold water, and yet get repeated. Alaska if you want to. I urge the Sen- State with the right to be treated And the inaccuracies and the misrepre- ator from Oklahoma to try to do that. sentations just make our job that When I first came here I drove home equally to any other State. That is why much more difficult. It is as if we are when I went home every year because I the two of us are here, to assure that legislating by the media, and we are couldn’t afford to fly. In those days we happens. Praise God I have the energy better than that. It is our obligation to got about seven trips, I think, annu- to do what I may have to do, to prove know and understand the facts that are ally. That didn’t apply to our families to the Senator from Oklahoma I mean real and to know and understand the at all. what I say. This amendment is not The problem I want to leave with you going to pass. implications and the impact of our ac- is this: 70 percent of our State is acces- The Senate is warned. It is wrong to tions. I wish to talk about a couple of the sible only by air or by sea. Within our do this to any State. It is wrong to put facts that Members of this body need State we have to have different types colleagues in a position where we have of transportation. My colleague, Sen- to go home and explain why we to know. If, in fact, what we intend to do here, if, in fact, this amendment is ator MURKOWSKI, has pioneered now a couldn’t prevent an amendment in concept of trying to build some rural which what is being done to our State intended to provide for reconstruction roads to connect villages so we will re- has never been done to another State— of the twin-span bridge, it is eligible duce some of the Federal costs of sup- never. for emergency repair funds. Negotia- porting those individual villages. Each This is not the time to start this tions for its repair are already under- has an airport, each has a school, each process. I urge my friend from Okla- way between the State of Louisiana has a clinic. These are redundant fa- homa to reconsider this, reconsider and the Federal agency. I am confident cilities. We can build better ones. One what he is getting us into. The amend- that this bridge will be repaired with- could have a good school, one could ment may pass, but if it does the bill out needless damage to the project have a good airport, one could have a will never be passed. If it does, I will be from any other State. And if, in fact, good fire department. We could do bet- taken out of here on a stretcher. there is a funding mechanism that we ter for them and save money if we had I yield the floor. need to resolve to help make this hap- more road money. But we do not get it. The PRESIDING OFFICER. The Sen- pen, I am certainly willing to partici- We do not get it because of the donor ator from Alaska. pate in that. I think all of us would be theory that came to this Senate about Ms. MURKOWSKI. Mr. President, I willing to participate. If we need to do 15 years ago, which says for the people want to start by thanking my col- something to make this project move who pay in these taxes, it goes back to league, the senior Senator from Alas- forward with the funding mechanism, the States in which they paid the ka. He has delivered, obviously, a very we can help with that. money—not where they live, but where passionate statement on behalf of the The second fact, if this is being pro- they paid the money. So the States issue in front of us. But even more posed as an amendment that is going that are fortunate enough to be on than that, he gives us the historical to save money, people need to know interstate highways where people stop perspective of what we in Alaska have that it swaps an earmark for our to buy gasoline, they get more money been fighting for since statehood, what project in Alaska—the two bridges—to than the States where they don’t stop we in Alaska have continued to fight an earmark for a project in Louisiana. for gasoline. It makes less sense than for almost 50 years after the fact of The project is going to be completed anything I have ever known. statehood, and that is a simple recogni- anyway whether or not this amend- In any event, we live under that sys- tion that we are part of the United ment is going to be considered. What tem. We have needs. We are still a de- States and that we deserve to be treat- we are essentially doing is taking the veloping area. We are the last frontier ed with the same level of respect ac- money from the Alaska project, we are of the United States. These bridges corded to all of the other 49 States. directing it to allow the project, but we may go nowhere, as far as some people We are told not to take this amend- are reducing Louisiana’s ability to here are concerned, but they are very ment personally, but it is very difficult have any kind of spending flexibility at important to our future. to stand here as an Alaskan and not a time when they need it the most. Let

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.054 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11631 us make sure that what we are pro- pand is right across the Tongass Nar- egation we were going to be able to posing here is actually going to meet rows on Gravina Island. Gravina Island snap our fingers and get. This is some- the needs of those in Louisiana. has a sloping area. It is wide open. But thing that has been in the works for 30 The third fact—this is where we need the best thing that Gravina Island has years. Ask the people of Ketchikan how to get into the discussion about the is some 20,000 acres of private, munic- much money, time, and energy they bridges and what they are because the ipal, and State lands that can make a have spent in the various studies, dis- reference to the bridge in Ketchikan as huge difference in providing economic cussing dialog, debating, fighting. It is being a bridge to nowhere is offensive. opportunities for this area. We can’t not something that just came up be- It is a bridge to the future for the peo- grow in any other direction in Ketch- cause we could have it; it is something ple of Ketchikan, AK. ikan. We have to go across the nar- that we as a community have been I was born in Ketchikan. I spend a rows. working together and pulling together fair amount of time going back and Right now, across the narrows, we for a long time. forth between Anchorage and Ketch- have the airport. This is an airport Now to have a colleague come in and ikan and have done so for years. I was that doesn’t just serve the 13,000 or say that because there is something in Ketchikan this past weekend. I 14,000 residents of Ketchikan; this air- that has happened in another part of wasn’t guided by occasional letters to port is the cargo hub for southeastern the country and because we need to the editor; I was guided by talking to Alaska. You have FedEx and UPS com- find ways to pay for it, we are going to the people in Ketchikan who ask: ing in there. You have all of the air- make a determination that we are Where are we on the bridge? They are cargo coming into the southeastern going to pluck this money and we are asking me: Lisa, where are we on the part of the State. going to take this project and anything bridge? We put the money in the trans- You also have a small logging oper- that the community has put into it, portation bill finally, after so many ation, one of the few that is hanging on anything the State has put into it, is years of waiting, how are we going to after the policies we have implemented now thrown out the window, that is not move forward on it? They are con- here in Congress. But we have a busi- it. cerned because they are getting copies ness that employs 50 to 100 people. The local government in Ketchikan of the articles that are in the New Every day, those people are not able to has been working on a balanced plan— York Times and in other publications get into their car and drive to work. a use development plan—where we are around the country calling it a bridge They take a ferry to work and have to talking about private homes over to nowhere, and they are saying: Don’t figure out how to do it on the other there, businesses, industrial facilities, these people understand who we are end. harbors, green spaces to enhance the and what we need? That is the problem. The airport is also incredibly impor- environmental value. We are trying to Most of you don’t understand who we tant to our military over there. Every plan for our growth and development, are up there and what we need. nuclear sub that goes on Pacific patrol but you can’t have the growth and you We need basic infrastructure. Sen- is tested for stealth at the Navy facil- can’t have the development if you do ator STEVENS has spoken to that. If we ity in Behm Canal. We have techni- not have access. Access is our State’s had a terrible disaster hit us in Alaska, cians coming into the airport. We have biggest challenge. we would not face a lot of the repairs our Ketchikan Coast Guard base. It is As Senator STEVENS has mentioned, to the infrastructure because we don’t at this base that they maintain most of the biggest State in the Union has the have the infrastructure in the first the aid to navigation in the State of smallest number of roads. People look place to repair. Alaska. The Forest Service certainly at it and say, It just doesn’t make The arguments that have been made has a very large presence there. sense in Alaska where you have a lim- or the statements that have been made Ketchikan’s hospital is a regional cen- ited number of people, and yet we about a bridge that will connect to 50 ter. We get many of the patients vis- spend so much money on Alaska. It people do not acknowledge any under- iting Ketchikan from the surrounding must be wrong, you must be taking too standing about Ketchikan and what it areas. much. The sad fact is, folks, we are a is and what kind of a community it is On top of that, we have a tourist in- long way from the rest of the country, and what it has to respond to. dustry where this summer the city of and it costs more. That is a reality. Those of you who have been to Alas- Ketchikan welcomed some 800,000 pas- That is a reality of doing business up ka because you have been up on a sengers into that community—800- there. But because our transportation cruise ship enter through Ketchikan. some-odd thousand passengers that oc- costs might be more, might be higher, We call it Alaska’s First City. You casionally need to get off those cruise might be greater, does that mean our enter into the Tongass Narrows. As you ships. Some of them have medical projects are worth any less, have any come in, you see a community that is issues. Some of them need to use our less value? smashed up literally against a rocky airport. There was a statement made by my terrain, a long, stretched-out commu- We have an airport that is serviced colleague from Oklahoma. He said it is nity with islands dotted all around by a ferry. But that ferry isn’t the an- important to know what the people of you. People ask: Why do you need this swer to everything we need. When we Alaska are thinking, and he read a cou- bridge? We need the bridge because on have some extreme tides, they can’t ple of letters to the editor that were the other side of Ketchikan is the po- utilize that ferry. What does that mean published in the Ketchikan Daily News tential for this community to grow and if you have a Medivac going out to the and a couple of letters which were pub- thrive, despite some of the actions of airport when you can’t get the ambu- lished in the Anchorage Daily News. I the Federal Government, and the poli- lance over there? You can’t get to the do not know about the rest of my Sen- cies that have been made over the other side with the vehicles we need. In ate colleagues, but I do not make my years, whether they relate to timber or fact, we have a ferry service, but is it policy decisions based on a couple of farm fishing, have practically shut what we need? Is it what we were letters to the editor. down the community. But we are compromised when the airport was put I will ask at the appropriate time to ing back. We have a thriving maritime back there in 1973? The promise at that have printed in the RECORD a copy of a industry we are helping to grow and to time was, we will connect you across letter that the Ketchikan Chamber of cultivate. But we have a community of the very narrow channel of water to Commerce has posted on their Web site some 13,000 to 14,000 people in Ketch- the community of Ketchikan. The peo- speaking about Ketchikan’s ‘‘bridge to ikan. It is 6 blocks deep and 16 miles ple of Ketchikan have been waiting for the future,’’ refuting many of the alle- wide. 30 years. gations that have been out there. I We can’t expand to the south and the Some people are making the assump- wish to read one quick passage because east because we are bordered in by the tion that just because we happen to it kind of sums up the position of the Misty Fjords National Monument on have a chairman on the House side people from Ketchikan. the north, and we are hemmed in by chairing the Transportation Com- Statements like ‘‘The Bridge to No the Behm Canal. The only place that mittee, that all of a sudden any great Where’’, and serves only 50 people’’ simply Ketchikan has an opportunity to ex- idea, any project that we want as a del- are not supported by the facts. The bridge

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.056 S20OCPT1 S11632 CONGRESSIONAL RECORD — SENATE October 20, 2005 will provide road access to Ketchikan’s Beyond the existing international airport, housewives, teachers, shipfitters, book- International Airport which serves approxi- there are 20,195 acres of private, borough, sellers, doctors, and clerks, raised al- mately 130,000 passengers annually and em- and state-owned land to be served by the most $20,000 out of this little commu- ploys 180 people daily. In August, the shuttle bridge access road. The Ketchikan Gateway nity of about 14,000 people. ferry ride required between the airport and Borough has an approved balanced land use We are willing to step up. Alaskans Ketchikan serviced 31,000 passengers. In ad- development plan that provides for private dition to the airport, there is a viable saw- homes, commercial businesses, industrial are willing to step up. Believe me, this mill employing 50–100 people who will not complexes, harbors, and green space. In a week we have had an opportunity to have to take a daily boat ride back and forth state where there is only 1 percent private talk about that as we dealt with the to Gravina Island for work. During extreme land and 99 percent untaxable federal, state, issue of ANWR in the Committee on ocean tide levels, the ferry is incapable of and native corporation land, it is challenging Energy and Natural Resources yester- transporting vehicles, including typical safe- for local governments to fund local needs. As day. We want to help out. We are pre- ty vehicles such as fire trucks! The Alaska every State developed ‘‘Bridges to No pared to do it. But let us prioritize Department of Transportation evaluation in- Where’’ were built, seen by those States as those projects within the State of Alas- dicates over the long run the bridge is cheap- Bridges to the Future. Today, those bridges er to build and maintain than providing in- are merely seen as normal transportation in- ka that have the support and that will adequate ferry service. frastructure. As the final frontier, Alaska is allow our State to develop as every other State in the Union has been al- Mr. President, I ask unanimous con- stuck in the time warp of the mid–1900’s, lowed to develop. Ketchikan is asking sent that the letter be printed in the where infrastructure deemed normal in the continental U.S. is viewed as extravagant for for nothing more than exactly the RECORD. Alaska. Ketchikan, Alaska, has worked for same type of bridge connection that There being no objection, the mate- over 30 years to achieve funding of a bridge rial was ordered to be printed in the other communities all across the coun- similar in many respects to the hundreds of try have. However, Ketchikan and Record, as follows: bridges in the Gulf Coast that connect communities to surrounding small islands filled most of the other communities in my KETCHIKAN CHAMBER OF COMMERCE, State are stuck in this time warp, a Ketchikan, Alaska. with residential homes and businesses. Re Ketchikan’s Bridge to the Future. Ketchikan has been promised a bridge to mid-1900s time warp, where transpor- It is quite heartening to see how quickly the airport since it went into operation in tation systems that are old hat or ac- American citizens, businesses, and commu- 1973. How much longer do we have to wait? cepted and part of the landscape in the The statement ‘‘It’s pretty obvious that, at nities pull together to help others when a rest of the country are still the future least on the grass-roots, everyday-citizen natural disaster strikes such as the recent to the State of Alaska. What we are level, there’s a consensus that the money hurricanes in the Gulf Zone. Ketchikan, could be better spent on the Gulf’’ made by trying to do is to bridge into the fu- Alaska’s future home of the now famous the coordinator for the Alaska Transpor- ture. Bridge to the Future, and home to over 13,000 tation Priorities Project (a group hatched Now I turn, for a minute, to the Knik real people, held a Katrina hurricane relief and coordinated by the anti-development en- Arm Crossing because we have not fund raiser and netted over $18,000. This con- vironmental groups in Alaska) is clearly un- given as much attention to that. tribution is only from the fundraiser, and true, inaccurate, and not the feeling of the does not include many more donations given Maybe it is because the media hasn’t citizens of Ketchikan who supported the by and through our local businesses and dubbed it or given it a catchy little Gravina Bridge in a referendum vote by a churches. This has demonstrated the com- name such as ‘‘Bridge to Nowhere.’’ As margin 2 to 1. There may be consensus munity’s giving and compassionate nature Senator STEVENS has indicated, again, among the anti-development groups, but we despite of the Ketchikan’s loss of thousands are grass-roots, everyday-citizens also. The we are a victim of our own geography. of family jobs, loss of small support busi- majority of our community continues to sup- We are hemmed in by the mountains, nesses, and a 20 percent drop in school en- port our ‘‘Bridge to the Future’’. the ocean, Cook Inlet, military land, rollment, due to the needless reduction of a I applaud the Alaska Congressional Delega- and national forest lands. We don’t wood fiber supply from the nation’s largest tion and the others in the Nation’s Congress have any place to grow. This is Alas- Federal forest and its resultant closure of for recognizing that Alaska is a developing our local pulp mill, historically Ketchikan’s ka’s largest community. We need to be State, and their ability to help Alaska’s de- able to go across the water so we can largest employer. layed infrastructure development through It is equally disheartening to see how the Federal Transportation Bill. have the opportunity, as a community, quickly anti-development and fiscal conserv- Sincerely, as a State, and as a regional hub, to ative groups are jumping on the bandwagon BLAINE ASHCRAFT, further our growth and development. to use the hurricane disasters to attack fed- Business Manager, Greater Ketchikan The comment was made on the Point eral funding of transportation projects, Chamber of Commerce. MacKenzie—one side is Anchorage and feathering their desire to stop modern-day Ms. MURKOWSKI. Mr. President, in development in Alaska. The continual the other side is Point MacKenzie—we spreading of misleading and false statements addition to the airport, we have the have about 12 residents there; again, to gain emotional and/or political support sawmill. making us look like we are just going for their objectives seems to be normal prac- My point is, at some point in time, to build bridges because we have the tice for these anti development groups and those back here who do not know and ability to build bridges and we do not the news media. Whether seeking to stop the understand Alaska need to listen to care where we are placing them. People construction of a bridge and u1timately any those of us who live in Alaska, who that make statements such as this economic development within the commu- work in Alaska, and who raise our fam- need to look at the facts. First, look at nity of Ketchikan or for grasping for an au- ilies in Alaska, to know and under- dience, the use of misleading and false state- a map. Look at what we have over ments is not only wrong, but just plain de- stand what the priorities are of Alas- there. We have a community, the fast- structive. kans and allow us to address those. est growing part of the State is up Statements like ‘‘The Bridge to No That is what we are trying to do with there in the Mat-Su Valley. We have Where’’, and ‘‘serves only 50 people’’ simply the 12 projects that are the subjects of tens of thousands of commuters com- are not supported by the facts. The bridge this amendment. I have been speaking ing into Anchorage from the Mat-Su will provide road access to Ketchikan’s about the Ketchikan project, and I Valley every day that could be aided by International Airport which serves approxi- want to stick with this for a few more a bridge across the water. To suggest mately 130,000 passengers annually and em- minutes until I turn to the Knik Arm ployees 180 people daily. In August, the shut- we have 12 families that we are some- tle ferry ride required between the airport Crossing. We in Alaska are willing to how helping out and connecting defies and Ketchikan—serviced 31,000 passengers. In do our share. I made that statement the facts. It is offensive to me. There addition to the airport, there is a viable saw- earlier. The citizens in Ketchikan, has been some suggestion this is a mill employing 50–100 people who will not when they saw the aftermath in project that we are taking up because have to take a daily boat ride back and forth Katrina, didn’t sit back and say, Well, we can. People need to understand this to Gravina Island for work. During extreme we got ours. We are a long way away is something we have been looking at ocean tide levels, the ferry is incapable of from the gulf, we don’t need to worry and studying for a good 30 years. transporting vehicles, including typical safe- about it. Private people have been dip- I cannot tell the number of projects— ty vehicles such as fire trucks! The Alaska Department of Transportation evaluation in- ping into their pockets, as they have actually, I can tell the number of dicates over the long run the bridge is cheap- all across the country, but we had a projects, and I am going to. We have, er to build and maintain than providing in- fundraiser in Ketchikan a couple weeks over the past, probably 10, 20 years, so adequate ferry service. ago. We had fishermen, businessmen, studied this bridge, so evaluated this

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.018 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11633 bridge, that the people in south central I yield the floor. The PRESIDING OFFICER. The are asking, What’s wrong? Why can’t Mr. STEVENS. I find myself in a clerk will report. we get the bridge moving? We had the strange position, as I indicated to the The legislative clerk read as follows: Point MacKenzie Area Which Merits Senator from Oklahoma. Earlier today, The Senator from Missouri [Mr. BOND], for Special Attention Plan in 1993; the I indicated to the Senator that I would Mr. REED of Rhode Island, proposes an Point MacKenzie Port Master Plan in suggest a series of second-degree amendment numbered 2162. 1998; the Regional Port of Anchorage amendments. I had under consideration The amendment is as follows: Master Plan in 1999; the Anchorage 2020 second-degree amendments. It is my (Purpose: To require a legal basis for the ap- Plan in 2001; the Anchorage Metropoli- understanding now the amendment of plication of arbitrage bond regulations to tan Area Transportation Solutions the Senator from Oklahoma is filed as reserve funds held by the Clean Water and Freight Mobility Study in 2001; the a second-degree amendment to the Safe Drinking Water State revolving Matanuska Susitna Borough Economic Bingaman amendment, am I correct? funds) Development Plan in 2002; the Anchor- The PRESIDING OFFICER. That is On page 293, after line 25, add the fol- age Metropolitan Area Transportation correct. It is a second-degree amend- lowing: Solutions Long Range Transportation ment. SEC. ll. APPLICATION OF ARBITRAGE BOND Plan Amendment in 2002; the Regional Mr. STEVENS. Mr. President, I have REGULATIONS TO CERTAIN STATE Transportation Planning Organization a small Bible to start reading, a few REVOLVING FUNDS. Not later than 90 days after the date of the Resolution Supporting the Knik Arm editorials from my State concerning enactment of this Act, the Secretary of the Crossing as a Regional Transportation this bridge and some of the comments Treasury shall submit a report to the Com- Priority Project in 2003; the that have been made in other States. I mittees on Appropriations of the House of Matanuska-Susitna Borough Assembly am willing to try to work out a system Representatives and the Senate to provide a Resolution Adopting the Knik Arm so that all States contribute to assist- legal basis for the application of section Crossing as the Number One Regional ing our sister State in Louisiana and 1.148–1(c) of the United States Treasury Reg- Transportation Priority, 2003; and then recognize their prior need for money, ulations (regarding arbitrage bond regula- the Matanuska-Susitna Borough Rail but I am entirely unwilling to take tions) to the reserve funds held by the Clean Corridor Study, June 2003. And there money from Alaska only. I think the Water and Safe Drinking Water State revolv- have been more updates since then. ing funds which generally contain replace- Senate ought to have that on notice. I ment proceeds but not bond proceeds. This is something we have been will suggest the absence of a quorum, working on for a long time. To suggest and I will object to taking it off until Mr. BOND. It has been cleared on this is pork, this is fluff, this is serv- we have some way that the Senate both sides. icing 12 families or 50 homes, we need might consider an alternative to the The PRESIDING OFFICER. The to have everyone look at the factories Senator from Oklahoma or until a question is on agreeing to the amend- and understand that Alaska will never quorum is present and the Senate de- ment. achieve its full potential as a State un- cides otherwise than what I have de- The amendment (No. 2162) was agreed less we have access. cided. to. Taking away these two projects from I will put the Senate on notice—and Mr. BOND. I move to reconsider the the State of Alaska and saying this is I don’t kid people—if the Senate de- vote. what we are going to do to help with cides to discriminate against our State Mrs. MURRAY. I move to lay that the reconstruction efforts in the gulf, and take money only from our State, I motion on the table. to single out one State, we start taking will resign from this body. This is not The motion to lay on the table was it very personally. the Senate I came to. This is not the agreed to. If the suggestion were made to our Senate I devoted 37 years to. If one AMENDMENT NO. 2174 colleagues that everybody gives a little Senator can decide he will take all the Mr. BOND. Mr. President, I send to bit, everybody gives a little bit on your money from one State to solve a prob- the desk an amendment on behalf of transportation projects, that is okay. lem of another, that is not a union. myself and Senator MURRAY and ask As one of the 50 States, we can deal That is not equality and is not treating for its immediate consideration. with that. We can certainly accept my State the way I have seen it treat- The PRESIDING OFFICER. The that. But to see we are looking at one ed for 37 years. clerk will report. State—first it was one project, now it I suggest the absence of a quorum. The legislative clerk read as follows: is two projects—this Senator cannot The PRESIDING OFFICER (Mr. The Senator from Missouri [Mr. BOND], for accept, will not accept a proposal like CHAFEE). The clerk will call the roll. himself and Mrs. MURRAY, proposes an that. The assistant legislative clerk pro- amendment numbered 2174. I appreciate the efforts of so many ceeded to call the roll. Mr. BOND. I ask unanimous consent that have been working so hard as we Mr. BOND. Mr. President, I ask unan- that further reading of the amendment try to find offsets, as we try to do the imous consent that the order for the be dispensed with. work necessary to rebuild the gulf re- quorum call be rescinded. The PRESIDING OFFICER. Without gion. But we need to recognize, again, The PRESIDING OFFICER. Without objection, it is so ordered. we worked on a transportation author- objection, it is so ordered. The amendment is as follows: Mr. BOND. Mr. President, I ask the ization bill, a 6-year plan. This bill was On page 384, after line 13, insert the fol- 6 years in the making. What went into pending amendment to be set aside. lowing: it, went into it with thought and study The PRESIDING OFFICER. Without SEC. ll. The Administrator of General and the support of those people who objection, it is so ordered. Services shall require that all credible sus- would benefit from it. And the people AMENDMENT NO. 2162 tainable building rating systems that award that will benefit from the bridges in Mr. BOND. Mr. President, I have 12 credits for certified wood products in the rat- Ketchikan and the bridge in south-cen- amendments that have been cleared on ing system be included in the published tral are not only the people of Alaska both sides of the aisle. We thank the building design criteria or specifications of sponsors of these amendments for any solicitation for offers issued by the Gen- but all of the tourists we serve, all of eral Services Administration (GSA) for con- the military we serve, all of the people working with our staff and the relevant struction of a Federal building or court- that rely on Alaska for your energy committees for clearing these amend- house: Provided, That the Administrator may needs, for your commerce needs. It is ments. I call up on behalf of Senator only consider sustainable forest management not about providing service and assist- REED of Rhode Island amendment No. certification programs that are currently in ance to a few. Let Alaska come into 2162. This amendment has been cleared use in the United States and consistent with this century when it comes to trans- on both sides. It requires the Depart- the Federal Government’s goals of environ- portation infrastructure. Don’t take ment of the Treasury to submit a re- mental stewardship: Provided further, That port on the application of Treasury not later than 90 days after enactment of from us our ability to grow, as all of this Act, the Administrator shall report to the other States in the lower 48 have regulations on arbitrage bonds to the the relevant congressional committees of ju- been allowed to do, having been pro- reserve funds held by EPA clean water risdiction on the appropriateness of indi- vided the Federal funding. Don’t deny and safe drinking water State revolv- vidual forest management certification pro- Alaska. ing funds. grams for use within GSA’s sustainable

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.069 S20OCPT1 S11634 CONGRESSIONAL RECORD — SENATE October 20, 2005 building program, including a schedule for 2120. I send up a modification to Transportation Equity Act: A Legacy for incorporating any additional such programs amendment No. 2108 on behalf of Sen- Users (Public Law 109–59; 119 Stat. 1144) is into the system through regulations. ator VOINOVICH. I ask that they be con- amended in item number 516 by striking Mr. BOND. Mr. President, this sidered en bloc. ‘‘Dayton Wright Stop Plaza’’ and inserting ‘‘Downtown Dayton Transit Enhancements’’. amendment relates to the GSA’s rating The PRESIDING OFFICER. Without system. I urge its adoption. objection, the amendments will be con- Mr. BOND. I move to reconsider the The PRESIDING OFFICER. The sidered en bloc. vote. question is on agreeing to the amend- The question is on agreeing to the Mrs. MURRAY. I move to lay that ment. amendments. motion on the table. The amendment (No. 2174) was agreed The amendments were agreed to en The motion to lay on the table was to. bloc, as follows: Mr. BOND. I move to reconsider the agreed to. vote. AMENDMENT NO. 2105 AMENDMENTS NOS. 2175 AND 2176 EN BLOC Mrs. MURRAY. I move to lay that (Purpose: To modify the designation relating Mr. BOND. Mr. President, I have motion on the table. to a certain project in the State of New York) amendments on behalf of myself and The motion to lay on the table was the Senator from Washington making agreed to. On page 276, after line 24, insert the following: technical corrections, having a division AMENDMENT NO. 2146, AS MODIFIED A and division B in this bill. I send to Mr. BOND. Next, I call up amend- SEC. 1ll. Item number 4596 of the table contained in section 1702 of the Safe, Ac- the desk two amendments and ask for ment No. 2146 with a modification on countable, Flexible, Efficient Transportation their consideration en bloc. These are behalf of Senator ENSIGN. Equity Act: A Legacy for Users (Public Law technical changes to the bill, and I be- The PRESIDING OFFICER. The 109–59; 119 Stat. 1144) is amended by striking lieve both of them are agreeable on clerk will report. ‘‘Corning Preserve improvements Phase II’’ both sides. The legislative clerk read as follows: and inserting ‘‘Transportation Center, Cor- The PRESIDING OFFICER. The The Senator from Missouri [Mr. BOND], for ning, NY’’. clerk will report. Mr. ENSIGN, proposes an amendment num- AMENDMENT NO. 2106 The assistant legislative clerk read bered 2146, as modified. (Purpose: To modify the designation relating The amendment is as follows: to a certain project in the State of New as follows: (Purpose: To provide for free individual tax York) The Senator from Missouri [Mr. BOND], for electronic preparation and filing services On page 276, after line 24, insert the fol- himself and Mrs. MURRAY, proposes amend- by the Internal Revenue Service) lowing: ments numbered 2175 and 2176 en bloc. On page 293, after line 25, add the fol- SEC. 1ll. Item number 512 of the table The amendments are as follows: lowing: contained in section 3044 of the Safe, Ac- SEC. ll. The Internal Revenue Service countable, Flexible, Efficient Transportation AMENDMENT NO. 2175 shall provide taxpayers with free individual Equity Act: A Legacy for Users (Public Law On page 216, after line 23, insert the fol- tax electronic preparation and filing services 109–59; 119 Stat. 1144) is amended by striking lowing: only through the Free File program and the ‘‘Corning, NY, Phase II Corning Preserve DIVISION A—TRANSPORTATION, TREAS- Internal Revenue Service’s Taxpayer Assist- Transportation Enhancement Project’’ and URY, THE JUDICIARY, HOUSING AND ance Centers, Tax Counseling for the Elder- inserting ‘‘Transportation Center Enhance- URBAN DEVELOPMENT, AND RELATED ly, and volunteer income Tax Assistance ments, Corning, NY’’. Programs. AGENCIES APPROPRIATIONS ACT, 2006 AMENDMENT NO. 2108 AS MODIFIED Mr. BOND. Under the Ensign-Allen- AMENDMENT NO. 2176 DeMint amendment, the language re- (Purpose: To modify certain projects relating to highways in the State of Ohio) On page 436, line 11, strike ‘‘Act’’ and in- quires the IRS to continue the Free sert in lieu thereof ‘‘division’’. File Program, which was created in On page 436, between lines 10 and 11, insert 2002 as a public/private partnership be- the following: Mr. BOND. They have been cleared SEC. 8lll. The table contained in section tween the IRS and a group of tax soft- on both sides. I ask for their immediate 1702 of the Safe, Accountable, Flexible, Effi- consideration. ware companies called the Free File cient Transportation Equity Act: A Legacy Alliance. This partnership has infor Users (Public Law 109–59; 119 Stat. 1144) is The PRESIDING OFFICER. Without creased electronic tax filing by improv- amended—in item number 4620, by striking objection, the amendments will be con- ing access to filing and making tax ‘‘Grading, paving, roads, and the transfer of sidered en bloc. preparation and filing easier for tax- rail-to-truck for the intermodal facility at The question is on agreeing to the payers. Rickenbacker Airport Columbus, OH’’ and amendments. This language is not meant to dis- inserting ‘‘Grading, paving, roads, and con- The amendments (Nos. 2175 and 2176) rupt or override current negotiations struction of an intermodal freight facility at Rickenbacker Airport, Columbus, Ohio’’; and were agreed to en bloc. or the new agreement. (2) in item number 4651, by striking ‘‘Grad- Mr. BOND. I thank the Chair. I move It is critical that the Free File Pro- ing, paving, roads for the transfer of rail to to reconsider the vote. gram and other IRS taxpayer services truck for the intermodal facility at Ricken- Mrs. MURRAY. I move to lay that continue to evolve to meet the needs of backer Airport’’ and inserting ‘‘Grading, motion on the table. taxpayers across the Nation. paving, roads, and construction of an inter- I ask unanimous consent that I be modal freight facility at Rickenbacker Air- The motion to lay on the table was added as a cosponsor. port, Columbus, Ohio’’. agreed to. The PRESIDING OFFICER. Without AMENDMENT NO. 2120 AMENDMENTS NOS. 2177 AND 2178 EN BLOC objection, it is so ordered. (Purpose: To make technical corrections to Mr. BOND. Mr. President, I send to Mr. BOND. I ask for its immediate the Safe, Accountable, Flexible, Efficient the desk two amendments, one on be- consideration. Transportation Equity Act: A Legacy for half of myself and one on behalf of Sen- The PRESIDING OFFICER. The Users) ator REID of Nevada. Mine is technical question is on agreeing to the amend- On page 436, between lines 10 and 11, insert in nature; the other deals with a heli- ment. the following: port. I ask for their immediate consid- The amendment (No. 2146) was agreed SEC. 8lll.(a) The table contained in sec- eration en bloc. to. tion 1702 of the Safe, Accountable, Flexible, Mr. BOND. Mr. President, I move to Efficient Transportation Equity Act: A Leg- The PRESIDING OFFICER. Without reconsider the vote. acy for Users (Public Law 109–59; 119 Stat. objection, it is so ordered. The clerk Mrs. MURRAY. I move to lay that 1144) is amended in item number 4632 by will report. motion on the table. striking ‘‘Construct 1,100 foot bulkhead/ The assistant legislative clerk read The motion to lay on the table was riverwalk connecting Front and Maine Ave. as follows: public rights-of-way’’ and inserting ‘‘For agreed to. roadway improvements and construction of The Senator from Missouri [Mr. BOND] pro- AMENDMENTS NOS. 2105, 2106, 2108, AS MODIFIED, 1,100 foot bulkhead/riverwalk connecting poses an amendment No. 2177. AND 2120 EN BLOC Front and Maine Ave. public rights-of-way’’. The Senator from Missouri [Mr. BOND], for Mr. BOND. Mr. President, I call up (b) The table contained in section 3044 of Mr. REID, proposes an amendment numbered amendments Nos. 2105, 2106, 2108, and the Safe, Accountable, Flexible, Efficient 2178.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.023 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11635 The amendments are as follows: (B) Of the amounts deposited under sub- The amendment is as follows: AMENDMENT NO. 2177 paragraph (A)— (Purpose: To require the Secretary of Hous- (i) 2⁄3 of the amounts shall be available to (Purpose: To improve the bill) ing and Urban Development to report to the Secretary, without further appropria- At the appropriate place in the bill, insert Congress on certain properties in Joliet, Il- tion, for the management of cultural, wild- linois) the following: life, and wilderness resources on public land On page 406, between lines 7 and 8, insert SEC. ll. Section 14711(c) of title 49, in the State of Nevada; and United States Code, is amended by— the following: (ii) 1⁄3 of the amounts shall be available to (1) striking ‘‘; and’’ at the end of paragraph the Director of the Bureau of Land Manage- SEC. 724. REPORT ON EVERGREEN TERRACE. (1) and inserting ‘‘;’’; (a) IN GENERAL.—The Secretary of Housing (2) striking the period at the end of para- ment, without further appropriation, for the conduct of Bureau of Land Management op- and Urban Development shall conduct a graph (2) and inserting ‘‘; and’’; and study and prepare a report that describes the (3) inserting the following after paragraph erations for the Conservation Area and the Red Rock Canyon National Conservation progress, if any, in improving the living con- (2): ditions of the tenants of the Evergreen Ter- ‘‘(3) be substituted, upon the filing of a mo- Area. race I and Evergreen Terrace II housing com- tion with the court, for the State as parens (4)(A) Except for safety reasons, any heli- plexes located in Joliet, Illinois, by the own- patriae in the action.’’. copter tour originating or concluding at the parcel of land described in subsection (c) ers of such complexes. AMENDMENT NO. 2178 that flies over the Conservation Area shall (b) INTERIM REPORT.—Not later than 6 (Purpose: To provide for the conveyance of not fly— months after the date of enactment of this certain public land in Clark County, Ne- (i) over any area in the Conservation Area Act, the Secretary of Housing and Urban De- vada, for use as a heliport) except the area that is between 3 and 5 miles velopment shall submit to Congress an in- At the appropriate place, insert the fol- north of the latitude of the southernmost terim report on the findings of the study re- lowing: boundary of the Conservation Area; quired under subsection (a). SEC. ll.(a) In this section: (ii) lower than 1,000 feet over the eastern (c) FINAL REPORT.—Not later than 12 (1) The term ‘‘Conservation Area’’ means segments of the boundary of the Conserva- months after the date of enactment of this the Sloan Canyon National Conservation tion Area; or Act, the Secretary of Housing and Urban De- Area established by section 604(a) of the (iii) lower than 500 feet over the western velopment shall submit to Congress a final Clark County Conservation of Public Land segments of the boundary of the Conserva- report that describes— and Natural Resources Act of 2002 (116 Stat. tion Area. (1) the findings of the study required under 2010). (B) The Administrator of the Federal Avia- subsection (a); and (2) The term ‘‘County’’ means Clark Coun- tion Administration shall establish a special (2) any conclusions and recommendations ty, Nevada. flight rules area and any operating proce- of such study. (3)(A) The term ‘‘helicopter tour’’ means a dures that the Administrator determines to The PRESIDING OFFICER. The commercial helicopter tour operated for be necessary to implement subparagraph (A). question is on agreeing to the amend- profit. (5) If the County ceases to use any of the ment. (B) The term ‘‘helicopter tour’’ does not inland described in subsection (c) for the pur- The amendment (No. 2179) was agreed clude a helicopter tour that is carried out to pose described in paragraph (1)(A) and under assist a Federal, State, or local agency. the conditions stated in paragraph (2)— to. (4) The term ‘‘Secretary’’ means the Sec- (A) title to the parcel shall revert to the Mr. BOND. I move to reconsider the retary of the Interior. United States, at the option of the United vote. (5) The term ‘‘Wilderness’’ means the States; and Mrs. MURRAY. I move to lay that North McCullough Mountains Wilderness es- (B) the County shall be responsible for any motion on the table. tablished by section 202(a)(13) of the Clark reclamation necessary to revert the parcel to The motion to lay on the table was County Conservation of Public Land and the United States. agreed to. Natural Resources Act of 2002 (116 Stat. 2000). (e) The Secretary shall require, as a condi- AMENDMENT NO. 2180 (b) As soon as practicable after the date of tion of the conveyance under subsection (b), enactment of this Act, the Secretary shall that the County pay the administrative Mr. BOND. Mr. President, I send to convey to the County, subject to valid exist- costs of the conveyance, including survey the desk on behalf of Senator MURRAY ing rights, for no consideration, all right, costs and any other costs associated with the an amendment on Midway Atoll and title, and interest of the United States in transfer of title. ask that it be considered immediately. and to the parcel of land described in sub- Mr. BOND. I ask for their immediate The PRESIDING OFFICER. The section (c). clerk will report. (c) The parcel of land to be conveyed under consideration. subsection (b) is the parcel of approximately The PRESIDING OFFICER. The The legislative clerk read as follows: 229 acres of land depicted as tract A on the question is on agreeing to the amend- Senator from Missouri [Mr. BOND], for Mrs. map entitled ‘‘Clark County Public Heliport ments. MURRAY, proposes an amendment numbered Facility’’ and dated May 3, 2004. The amendments (Nos. 2177 and 2178) 2180. (d)(1) The parcel of land conveyed under were agreed to. The amendment is as follows: subsection (b)— Mr. BOND. I move to reconsider the On page 432, line 22, strike ‘‘2006.’’ and in- (A) shall be used by the County for the op- sert ‘‘2007.’’ eration of a heliport facility under the condi- votes. Mrs. MURRAY. I move to lay that On page 433, line 5, strike ‘‘$6,000,000’’ and tions stated in paragraphs (2), (3), and (4); insert ‘‘$10,000,000’’. and motion on the table. On page 433, line 9, insert after ‘‘upgrades’’ (B) shall not be disposed of by the County. The motion to lay on the table was the following: ‘‘, including the replacement (2)(A) Any operator of a helicopter tour agreed to. of the fuel farm facility’’. originating from or concluding at the parcel AMENDMENT NO. 2179 Mrs. MURRAY. Mr. President, this of land described in subsection (c) shall pay to the Clark County Department of Aviation Mr. BOND. Mr. President, I send to amendment makes small revisions to a $3 conservation fee for each passenger on the desk an amendment on behalf of the provision in the bill mandating the the helicopter tour if any portion of the heli- Senators DURBIN and OBAMA and ask continued operation of the emergency copter tour occurs over the Conservation its immediate consideration. This landing field at Midway Island Atoll in Area. amendment requires the Secretary of the Pacific. (B)(i) Not earlier than 10 years after the HUD to report on a housing project in The bill before us, for the third con- date of enactment of this Act and every 10 the State of Illinois. secutive year, requires a cost-sharing years thereafter, the Secretary shall conduct The PRESIDING OFFICER. The a review to determine whether to raise the agreement between the appropriate amount of the conservation fee. clerk will report. Federal agencies for the continued op- (ii) After conducting a review under clause The assistant legislative clerk read eration of this critical airfield. (i) and providing an opportunity for public as follows: This amendment would clarify that comment, the Secretary may raise the The Senator from Missouri [Mr. BOND], for among the costs that must be covered amount of the conservation fee in an amount Mr. DURBIN, for himself and Mr. OBAMA, pro- by the Federal agencies are the nec- determined to be appropriate by the Sec- poses an amendment numbered 2179. essary capital costs for the replace- retary, but by not more than 50 percent of Mr. BOND. I ask unanimous consent ment of the aged fuel farm on the is- the amount of the conservation fee in effect on the day before the date of the increase. that further reading of the amendment land. (3)(A) The amounts collected under para- be dispensed with. I am not aware of any objection on graph (2) shall be deposited in a special ac- The PRESIDING OFFICER. Without either side. I ask for adoption of the count in the Treasury of the United States. objection, it is so ordered. amendment.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.075 S20OCPT1 S11636 CONGRESSIONAL RECORD — SENATE October 20, 2005 The PRESIDING OFFICER. The with priorities in our country. We put prioritizing how we spend money. I re- question is on agreeing to the amend- forward $600 billion of debt to our chil- spect his position on this. I have no ill ment. dren last year ending September 30. We feelings that he will oppose me on this The amendment (No. 2180) was agreed have a war going on. We have the larg- amendment. to. est natural catastrophe we have ever This is an amendment that is good Mr. BOND. I move to reconsider the seen in our history. We have a hurri- for the country. vote. cane coming on Florida. We are at war. The PRESIDING OFFICER. Who Mrs. MURRAY. I move to lay that It is time we reassess the priorities we yields time? motion on the table. utilize in this body as we think about The Senator from Alaska. The motion to lay on the table was our obligations at home. Ms. MURKOWSKI. Mr. President, the agreed to. The purpose of my amendment is to Senator from Oklahoma who has just Mr. BOND. Mr. President, I suggest move $125 million out of above-the-line spoken, who is the author of this the absence of a quorum. money—not program money, not for- amendment, has indicated we need to The PRESIDING OFFICER. The mula money—to be used for this. I unbe making sacrifices. I do not think clerk will call the roll. derstand there is going to be another anyone in the State of Alaska feels we The assistant legislative clerk pro- amendment. My hope is the American should not be contributing, but we do ceeded to call the roll. public will see how we are spending not feel in the State of Alaska that it Mr. FRIST. Mr. President, I ask money and encourage us to spend it in should be coming entirely from one unanimous consent that the order for a way that is more frugal and con- State. This amendment puts the sac- the quorum call be rescinded. sistent with the heritage we have in rifice on one State. The PRESIDING OFFICER. Without the country, and that is making sac- I urge rejection of this amendment. objection, it is so ordered. rifices today for the future of our coun- The PRESIDING OFFICER. Who Mr. FRIST. Mr. President, I ask try and for the next generation. yields time? unanimous consent that Senator STE- I reserve the remainder of my time. Mr. STEVENS. How much time re- VENS now be recognized to offer a first- The PRESIDING OFFICER. Who mains? degree amendment which is relevant to yields time? the Coburn amendment No. 2165; pro- The PRESIDING OFFICER. The Sen- The Senator from Oklahoma. ator from Alaska has 1 minute remain- vided further, that the Coburn amend- Mr. INHOFE. Mr. President, I do not ment No. 2165 be further modified to be ing. have a better friend than my colleague Mr. STEVENS. Mr. President, I drafted as a first-degree amendment; I from Oklahoma, but it does not mean further ask consent that there be 5 would add to my colleague’s comment we always agree with each other. I to say this concept is a concept that minutes equally divided in the usual have had a policy in voting for amend- form, and that following that time, the every State should think about because ments on bills that I have adhered to if it can be done on a bridge, why not Senate proceed to a vote in relation to for a long time, and it is if a Senator the Coburn amendment No. 2165, to be do it on any type of event where a Sen- has a bill or an amendment that takes ator would like to have money for their followed by a vote in relation to the authority from an elected official and Stevens amendment; provided, that no State, but they say take it from an- places it in the hands of an unelected other State because they do not need second-degree amendments be in order bureaucrat and it does not save money, to either amendment prior to the it. I made a statement earlier today then I think it is not good policy. Un- that in my 37 years I have never seen votes. I finally ask unanimous consent fortunately, I think that is what this that if either of the amendments does this. I have never seen a request that does. money for a disaster be taken solely not achieve 60 votes in the affirmative, My good friend Senator COBURN and I from a project in one State to help a that amendment be automatically have talked about this. I know it is a disaster in other States. withdrawn; provided further, that fol- difficult thing for a lot of people to un- We are a disaster-prone State. We lowing these votes, the Bingaman derstand. Many people are watching have more disasters than any other amendment No. 2065 be agreed to. this. I happen to be the person with the State in the Union. Remember our 1964 The PRESIDING OFFICER. Without No. 1 most conservative rating in the earthquake. We have tsunamis. We objection, it is so ordered. Senate and yet I am not about to put have all types of disasters. But we have AMENDMENT NO. 2181 myself in a position where I am going never tried to take moneys from other (Purpose: To ensure reconstruction of the to take authority away from someone States to meet our costs. Twin Spans Bridge) who has to stand for election in a par- I urge the Senate not to start this Mr. STEVENS. Mr. President, I send ticular State and give it to someone process. an amendment to the desk. who does not have to stand for elec- I yield back the time. The PRESIDING OFFICER. The tion, period. clerk will report. I do not think that is a good idea. If Mr. BOND. I ask for the yeas and The legislative clerk read as follows: it were something that saved money, I nays. The PRESIDING OFFICER. Is there a The Senator from Alaska [Mr. STEVENS], would have a different position on it, sufficient second? for himself, Ms. MURKOWSKI, and Mr. FRIST, but in that respect I will oppose this. proposes an amendment numbered 2181. The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- At the appropriate place, insert the fol- ator from Oklahoma. ond. lowing: Mr. COBURN. How much time do I The question is on agreeing to SEC.ll. No funds provided under Section have remaining? Coburn amendment No. 2165, as modi- 1702 of the Safe, Accountable, Flexible, Effi- fied. cient Transportation Equity Act: A Legacy The PRESIDING OFFICER. One for Users (Public Law 109–59; 119 Stat. 1144) minute 11 seconds. The yeas and nays have been ordered. for the construction or reconstruction of any Mr. COBURN. Was Senator INHOFE’s The clerk will call the roll. bridge shall be expended until nonemergency time taken from my time? The legislative clerk called the roll. funds have been made available for the re- The PRESIDING OFFICER. It was Mr. MCCONNELL. The following Sen- pair of the Twin Spans Bridge connecting not. ator was necessarily absent: the Sen- New Orleans and Slidell, Louisiana. Mr. COBURN. I would say to my ator from Arizona (Mr. MCCAIN). Mr. STEVENS. Mr. President, it is friend, whom I love dearly as a friend Mr. DURBIN. I announce that the my understanding the first amendment and a brother, this amendment is about Senator from New Jersey (Mr. CORZINE) offered by the Senator from Oklahoma changing the priorities in this country. and the Senator from New York (Mr. will be considered first. We can reject that or we can accept it. SCHUMER) are necessarily absent. I yield the floor. I gave a speech this morning about the The PRESIDING OFFICER. Are there AMENDMENT NO. 2165, AS MODIFIED rumble that is out there in this coun- any other Senators in the Chamber de- Mr. COBURN. Mr. President, the pur- try. We need to listen to that rumble. siring to vote? pose of my amendment does not have The rumble is the American people The result was announced—yeas 15, that much to do with Alaska as it does want us to start doing a better job of nays 82, as follows:

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.078 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11637 [Rollcall Vote No. 262 Leg.] I have consulted with the majority put into construction of this bridge, it YEAS—15 leader. I have long advocated that if we doesn’t count. It has to be non- Allard Conrad Kyl have quorum calls and amendments emergency funds. Allen DeMint Landrieu not ready to go, that we go to third So understand that it is slowing Bayh DeWine Sessions reading and final passage. I am not Burr Feingold Sununu down the construction of bridges every- Coburn Graham Vitter sure how effective that approach will where until we appropriate more be, but I am going to try it. I have been NAYS—82 money for financing this bridge in Lou- talking about it for a long time. The isiana. Akaka Durbin Mikulski Alexander Ensign Murkowski majority leader is encouraging on it. I yield the floor. Baucus Enzi Murray But I want to put everybody on no- Mr. STEVENS. Mr. President, I ask Bennett Feinstein Nelson (FL) tice that we are going to press very for the yeas and nays. Biden Frist Nelson (NE) hard and also on the vote on 15 and 5. Bingaman Grassley The PRESIDING OFFICER. Is there a Obama Again, I am not the majority leader. Bond Gregg Pryor sufficient second? Boxer Hagel Reed I know that. Whether it will be en- There is a sufficient second. Brownback Harkin Reid forced is another matter. But this is a Bunning Hatch The question is on agreeing to the Roberts tough bill, and there are many people Burns Hutchison amendment, and the clerk will call the Rockefeller Byrd Inhofe who are working on it who need to go roll. Cantwell Inouye Salazar back to the confirmation process of Carper Isakson Santorum The assistant legislative clerk called Sarbanes Harriet Miers. the roll. Chafee Jeffords We have a lot of work to do. I want Chambliss Johnson Shelby Mr. MCCONNELL. The following Sen- Smith to be as emphatic as I can—that if you Clinton Kennedy ators were necessarily absent: the Sen- Cochran Kerry Snowe have amendments, get them ready be- ator from Wyoming (Mr. ENZI), the Coleman Kohl Specter cause I will press for third reading. Collins Lautenberg Stabenow Senator from Arizona (Mr. MCCAIN), Thank you. Cornyn Leahy Stevens and the Senator from Wyoming (Mr. Craig Levin Talent The PRESIDING OFFICER (Mr. THOMAS). Crapo Lieberman Thomas DEMINT). The Senator from Illinois. Dayton Lincoln Thune Mr. DURBIN. I announce that the Dodd Lott Mr. DURBIN. Mr. President, has Voinovich there been time set aside to speak in Senator from Montana (Mr. BAUCUS), Dole Lugar Warner Domenici the Senator from New Jersey (Mr. Martinez Wyden opposition to the pending amendment? Dorgan McConnell The PRESIDING OFFICER. No. CORZINE), and the Senator from New NOT VOTING—3 Mr. DURBIN. I ask unanimous con- York (Mr. SCHUMER) are necessarily absent. Corzine McCain Schumer sent to speak for 2 minutes in opposi- The PRESIDING OFFICER. Are there The amendment (No. 2165), as modi- tion to the pending amendment. Mr. BAUCUS. Objection. any other Senators in the Chamber de- fied, was rejected. siring to vote? Mr. STEVENS. Mr. President, I move The PRESIDING OFFICER. Objec- tion is heard. The result was announced—yeas 33, to reconsider the vote. nays 61, as follows: Mrs. MURRAY. Mr. President, I Mr. DURBIN. I ask unanimous con- move to lay that motion on the table. sent to speak for 1 minute. [Rollcall Vote No. 263 Leg.] The motion to lay on the table was Mr. BAUCUS. Objection. YEAS—33 agreed to. Mr. STEVENS. The time hasn’t ex- Allard Cornyn Martinez Mr. STEVENS. Mr. President, my pired yet. Allen DeMint McConnell Bayh Dole Murkowski colleagues, Senator MURKOWSKI, Sen- Mr. DURBIN. Mr. President, I suggest the absence of a quorum. Bennett Feingold Santorum ator FRIST, and I offered the second Brownback Frist Sessions amendment establishing the principle Mr. STEVENS. Mr. President, par- Bunning Graham Shelby that if this type of money is to be made liamentary inquiry: Wasn’t there time Burr Hatch Specter on both sides for that amendment? Chafee Inhofe Stevens available to an area of disaster, it Chambliss Isakson Sununu would come equally from the projects The PRESIDING OFFICER. There Coburn Kyl Vitter that are authorized under the highway was prior to the first vote. Coleman Landrieu Warner Mr. DURBIN. I suggest the absence of bill and above the line area for bridges. NAYS—61 In view of this vote taken, I would be a quorum. The PRESIDING OFFICER. The Akaka Durbin Mikulski willing to withdraw this amendment. I Alexander Ensign Murray understand there is objection to that. clerk will call the roll. Biden Feinstein Nelson (FL) There is already a unanimous consent The legislative clerk proceeded to Bingaman Grassley Nelson (NE) request that the amendment be pre- call the roll. Bond Gregg Obama Mr. STEVENS. Mr. President, I ask Boxer Hagel Pryor sented. Burns Harkin Reed I ask for the yeas and nays on the unanimous consent that the order for Byrd Hutchison Reid Cantwell Inouye amendment. the quorum call be dispensed with. Roberts Carper Jeffords The PRESIDING OFFICER. Without Rockefeller The PRESIDING OFFICER. Is there a Clinton Johnson sufficient second? objection, it is so ordered. Cochran Kennedy Salazar Mr. STEVENS. Again, I say some Mr. STEVENS. Mr. President. I ask Collins Kerry Sarbanes Smith Members voted the way they did on the unanimous consent that there be equal Conrad Kohl Craig Lautenberg Snowe Coburn amendment because of the time for anyone to speak for 2 minutes, Crapo Leahy Stabenow presence of this amendment and wish at least. I have 2 minutes on my side. Dayton Levin Talent to be recorded in favor of this amend- I ask unanimous consent to allow 2 DeWine Lieberman Thune minutes for the Senator from Illinois Dodd Lincoln Voinovich ment. Domenici Lott Wyden I yield my time. on my amendment. Dorgan Lugar Mr. SPECTER. Mr. President, if I The PRESIDING OFFICER. Is there could have the attention of my col- objection? Without objection, it is so NOT VOTING—6 leagues, tomorrow we are starting on ordered. Baucus Enzi Schumer Corzine McCain Thomas the appropriations bill of Labor, Health Mr. DURBIN. Mr. President, I will be and Human Services, and Education. It very brief. The amendment (No. 2181) was re- is a very complex bill. We are advised Understand what this amendment jected. preliminarily that there will be many says: No bridge in the highway bill can Mr. BOND. Mr. President, I move to amendments offered. Senator HARKIN be built until this bridge in Louisiana reconsider the vote. and I sent out a ‘‘Dear Colleague’’ let- is built from non-emergency funds, fi- Mr. STEVENS. I move to lay that ter urging all Members who have nanced from non-emergency funds. If motion on the table. amendments to have them ready to they take any part of the $60 billion The motion to lay on the table was file. that we have already put in FEMA to agreed to.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.033 S20OCPT1 S11638 CONGRESSIONAL RECORD — SENATE October 20, 2005 AMENDMENT NO. 2065 leagues are very deeply concerned nesses up on their feet because they are The PRESIDING OFFICER. Under about this. Is there a way we could try the heart of that kind of recovery. the previous order, amendment No. 2065 next week to break this out? It has So again, I think it is a bipartisan is agreed to. passed 96 to 0 here in the Senate. We initiative. And my hope is—I look for- The amendment (No. 2065) was agreed desperately need to get this help to ward to talking with the leader and to. those businesses in the communities. seeing how we can expedite this. Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. The ma- I yield the floor. imous consent that the only amend- jority leader. The PRESIDING OFFICER. The ma- ments in order will be those that are Mr. FRIST. Mr. President, to my dis- jority leader. accepted to be in the managers’ pack- tinguished colleague from Massachu- Mr. FRIST. Mr. President, again, we age. There is a Leahy-Coleman amend- setts, are you talking about the small are absolutely committed to addressing ment, two amendments from Senator business reauthorization or the the concerns of both of the Senators in LANDRIEU. We have two amendments Katrina-focused legislation? a bipartisan way. I will make it very we are going to accept from Senator Mr. KERRY. This is the Katrina clear, the legislation and the amend- COBURN. We have an amendment we are small business hurricane relief and re- ment the distinguished Senator from accepting from Senator BILL NELSON. construction bill. What is it? It is S. Massachusetts is talking about did Is there objection? 1807. pass in a bipartisan way here. We need Mrs. MURRAY. And Bingaman. Mr. FRIST. The Senator’s question, to continue to address the problem—a Mr. BOND. And Senator BINGAMAN’s that it has passed the Senate or is very real problem—to promote small amendment. It is done? being considered? business as a big part—a big part, a Mr. REID. Bingaman is done. Mr. KERRY. It passed the Senate 96 huge part—of the rebuilding and re- Mr. LEAHY. Leahy-Coleman. to 0. newal that we all know needs to be ac- Mr. BOND. The Leahy-Coleman Mr. FRIST. The question to me is celerated. amendment will be one of them. what, again? The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there Mr. KERRY. The question is wheth- ator from Louisiana. objection? er—I know the chairman wants to Ms. LANDRIEU. Mr. President, while Without objection, it is so ordered. make this happen—if we could try to the managers are making final deci- Mr. BOND. Mr. President, we are break this out and pass it separately, sions about the package, could I have 4 going to try to resolve these amend- pass it in the House, and get this im- minutes to speak about an amendment ments as quickly as possible. I know mediate assistance into the hands of I am going to offer but not ask for a everyone wants to get out of here. the small businesses. It would make an vote on? I suggest that perhaps Senator enormous difference, obviously. The PRESIDING OFFICER. Is there LANDRIEU can address her amendments Mr. FRIST. Obviously, we need to objection? very quickly. I am going to talk with focus on small business. We know how Mr. BOND. No objection. Senator LEAHY and Senator COLEMAN, important that is in terms of both the The PRESIDING OFFICER. Without and see if we can resolve those. flexibility and the release of regula- objection, it is so ordered. I yield the floor. tions. The focus on small business is Ms. LANDRIEU. Thank you, Mr. The PRESIDING OFFICER. The Sen- part of that rebuilding and renewal in President. I would like to ask for order, ator from Massachusetts. a smarter way. I would be happy to if I could. I have an amendment I am Mr. KERRY. Mr. President, I know talk to the Senators who are involved going to speak about but not ask for a the Senator from Louisiana wants to to see how we could address it. vote on. I would appreciate my col- speak in a moment. I want to make an I am not going to make any commit- leagues’ focus for a moment. inquiry of the majority leader, if I ment at this point in time, but the The PRESIDING OFFICER. The Sen- could. It will only take a moment. Senate has spoken in terms of a very ate is not in order. I don’t know where Senator SNOWE is. significant vote on the floor. I will be Ms. LANDRIEU. The amendment I We were talking a moment ago. She is happy to talk to my colleagues about was going to offer to the underlying the chairperson of the Small Business how we can, in some way, accelerate HUD appropriations bill is part of a Committee. I am the ranking member. that next week. blueprint for action that our delega- We have been making a bona fide, bi- Ms. LANDRIEU. Mr. President, if I tion—Republicans and Democrats— partisan effort to try to get the Small could, will the majority leader yield from Louisiana has asked the Congress Business Hurricane Relief and Recon- for a question? to consider. Not only would this work struction Act into law. It has been sit- I ask the majority leader and the for Louisiana, Mississippi, Alabama, ting up in the conference and is sort of Senator from Massachusetts, did they and Texas today, but if something like stuck at the moment. know that today the report came out this were in law, it could work for The problem is that—Mr. President, from the Small Business Administra- every city and every State in the event could we have order. tion, which the chairman knows, the that some catastrophic event occurred, The PRESIDING OFFICER. Could we Senator from Maine, Ms. SNOWE, that where hundreds of thousands of homes have order, please. Will Senators take 53,900 businesses have applied for help, were destroyed and people were dis- their conversations off the floor. and that only 58 businesses have replaced. Mr. KERRY. Mr. President, the ad- ceived checks to date? My amendment, which I am not ministration has set up two major Let me repeat, 53,900 businesses have going to ask for a vote on but will offer pieces of relief for Hurricanes Katrina asked for help, and, to date, 58 in the at some time, would provide for a 6- and Rita, totaling $62 billion, but not whole region—from Louisiana, Mis- month deferral from mortgages—not a one penny of that $62 billion is des- sissippi, Texas, and Alabama—have re- waiver of mortgages, not a forgiveness ignated for small business, even though ceived help—58 businesses. So I think of mortgages, but 6 months for Ameri- there are several hundred thousand the Senator from Massachusetts raises cans, for families to get their legs un- small businesses that are in need of re- a good point. derneath them, until they can figure lief in the region. Did you know there is some urgency, out what their insurance is going to Only 84 out of some 20,000-plus re- Mr. Leader, about this situation? cover and not cover, where their chil- quests—only 84 requests—for loans or Mr. KERRY. Mr. President, I thank dren might go to school, where they grants have been approved by the the Senator from Louisiana. She is might find a job. These are Americans Small Business Administration. So this right about the number that received who have worked hard, played by the is becoming an incredibly backed-up, checks. I think it was a total of 84 that rules, invested in their home—which is serious restraint on the ability of small received approval. But that is out of their largest asset—and, in the blink of businesses to get back on their feet in tens of thousands, as we have heard. an eye, it is gone. the injured areas. The problem is, if you are going to In the United States of America, in I know Senator SNOWE is deeply con- bring the communities back, you are the year 2005, we do not have in place cerned about it. I know a lot of col- going to have to get these small busi- a system to give them a break—not for

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.087 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11639 a month, not for 2 months, not for 3 Mr. LEAHY. Mr. President, I will tell I have truly appreciated all the work months. the distinguished senior Senator from Senator COLEMAN, Senator SARBANES, The average savings on a mortgage Missouri, first off, that he and the dis- Senator GRAHAM and Senator REED would be $4,317 in Louisiana, $4,740 in tinguished senior Senator from Wash- have put into crafting this amendment Alabama, $4,131 in Mississippi, and ington State have been doing a wonder- with me. I also thank our 35 other co- $4,875 would be a 6-month average ful job in moving this bill. It is a dif- sponsors, who strike a broad swath of mortgage. The families in my State ficult bill. I know. I have watched it the political spectrum. Might I suggest could use this extra money. No admin- being put together in the Appropria- this, though: That we withhold our istrative costs, no contractors, no tions Committee. I know the two of amendment and work to ensure that in fraud, no waste, no abuse, simple, 6- them have worked extraordinarily conference we increase funds for these month deferment on mortgages, put 6 hard. I mean to commend them, wheth- important community development months at the end of your mortgage, er the distinguished Senator supports and housing programs. I am on Appro- give people some cash and breathing me and the Senator from Minnesota or priations. The Senator from Missouri is room. not in our bipartisan amendment, num- as well, of course, as is the Senator It is a sound amendment. Our delega- ber 2157, to restore funding to the Com- from Washington State. With Senator tion thinks it is good. We cannot pass munity Development Block Grants, COLEMAN, we are all agreed on the need it tonight, but I think we have to have Section 8 Housing Vouchers, and Pub- for Community Development Block a better system of help for Americans lic Housing Capital and Operating Grant Programs, Section 8, HUD public who get caught in storms, tornadoes, Funds. I think all of us should com- housing. Between now and the time of earthquakes, or, for heaven’s sake, a mend them for the work they have conference, we will work closely to- terrorist attack. The system we have done and want to work with them to gether with the leaders of the Trans- in place is not working: $62 billion to look for alternatives that will make portation-Treasury-HUD Appropria- FEMA, $43 billion sits in a bank. No- our amendment acceptable to them. I tions subcommittee to see if we can in- body is getting money. Nobody is get- suggest the absence of a quorum. I crease these various areas. Would that ting help. People are stuck in hotels. think the chairman will probably be make sense to the distinguished chair- There is no plan for housing. I could go pleased that I do. man? on and on. Mr. BOND. If the Senator will with- Mr. BOND. Mr. President, the sugges- We need to do better. I will withdraw hold, the Senator from Louisiana is tion of my friend from Vermont is a this amendment at this time, but we prepared to offer another amendment. very good one. I think he knows—and will offer it again to give people hope, Ms. LANDRIEU. I am not going to he serves on our committee—that try- 6 months of a break until they can fig- offer another amendment. I just wanting to fund these very vital programs is ure out whether they can rebuild, come ed to offer the amendment to be placed a top priority of my ranking member back, or move to another place. in the RECORD and withdraw it because and of mine. We are in a position where I thank my colleagues for their pa- I have already spoken about it. I thank we have not been able to identify any tience. the managers. more dollars. We will look forward to I suggest the absence of a quorum. The PRESIDING OFFICER. The working with them and their staffs. We The PRESIDING OFFICER. The amendment has been printed in the will work in conference with the House clerk will call the roll. RECORD. to try to add money because these are The legislative clerk proceeded to Mr. LEAHY. I suggest the absence of high-priority programs. Community call the roll. a quorum. development block grants, public hous- Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. The ing, Section 8, these are vitally impor- imous consent that the order for the clerk will call the roll. tant. Right now we can’t find them. I quorum call be rescinded. The legislative clerk proceeded to would be put in a very awkward spot of The PRESIDING OFFICER. Without call the roll. having to raise a Budget Act point of objection, it is so ordered. Mr. LEAHY. Mr. President, I ask order. I would appreciate the oppor- Mr. BOND. Mr. President, we need to unanimous consent that the order for tunity to work with the Senator from see the amendments from Senator the quorum call be rescinded. Vermont, the Senator from Minnesota, LANDRIEU. I believe with modifications The PRESIDING OFFICER. Without and other Senators. I know I speak for we can accept them. If she would share objection, it is so ordered. my colleague from Washington. We them with us, we would be happy to do Mr. LEAHY. Mr. President, while we will work with the other original co- that. have the distinguished senior Senator sponsors of this amendment to try to I would ask my colleagues, the Sen- from Missouri and the distinguished accomplish that. I thank him very ator from Vermont and the Senator senior Senator from Washington and much for his understanding and will- from Minnesota, about the time they the distinguished Senator from Min- ingness to work with us. will need. They have an amendment I nesota on the floor, let me propose Mr. LEAHY. Mr. President, I have would love to be able to accept, pro- this: We could spend the next several worked with both the Senators from viding more money for CDBG and other hours on our bipartisan amendment to Missouri and Washington State for worthwhile activities. Unfortunately, restore funding to the Community De- years. I know they have commitments there is not money to rescind. We were velopment Block Grants, Section 8 to all these programs and have always presented with a major rescission pack- Housing Vouchers, and Public Housing worked in a bipartisan way. I would be age by the administration, but neither Capital and Operating Funds, and there willing to accept those assurances. I the Department of Housing and Urban are enough of our 40 bipartisan cospon- ask my chief cosponsor, the Senator Development nor the Office of Manage- sors willing to speak that it would take from Minnesota, how he feels about ment and Budget could justify any of several hours to do it. We would then this commitment from the chairman those rescissions. We have taken the end up on a 60-vote point of order, and ranking member of the TTHUD Ap- maximum rescissions we believe are which may or may not go through. I propriations subcommittee? feasible. This additional funding for know from nearly 30 years on the Ap- The PRESIDING OFFICER. The Sen- CDBG is predicated on providing more propriations Committee how it works. ator from Minnesota. offsets, plus it is $200 million above the I have watched for decades the work of Mr. COLEMAN. Mr. President, the budget. I regret that I will have to the distinguished Senator from Mis- champions of CDBG and Section 8 are raise a Budget Act point of order. I ask souri and the distinguished Senator the ranking member and chairman of what time limit they would need to from Washington State. I know how the committee. We are in an awkward speak on this amendment. I regret I hard both of them have worked to ac- position. We are all trying to get to the must tell them that I will have to raise commodate the needs of Senators from same place. I accept those assurances. a Budget Act point of order. both sides of the aisle, and certainly in These programs are vitally important. May I inquire through the Chair? this case, when the key cosponsors are We had over 68 votes for supporting full The PRESIDING OFFICER. The Sen- both Republican and Democrat. I see funding for CDBG when it first came up ator from Vermont. my friend from Minnesota on the floor. this year. We are all marching down

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.088 S20OCPT1 S11640 CONGRESSIONAL RECORD — SENATE October 20, 2005 the same path. I appreciate the work Is there objection to considering the SEC. 18ll. Section 112(b)(2) of title 23, that the chairman and the ranking specified amendments en bloc? United States Code, is amended— member have done and their commit- Without objection, it is so ordered. (1) in subparagraph (A), by striking ‘‘title ment to look for more money when we The Senator from Washington. 40’’ and all that follows through the period Mrs. MURRAY. Mr. President, we are and inserting ‘‘title 40.’’; get to conference. (2) by striking subparagraph (B); Mr. LEAHY. Mr. President, we will working our way quickly toward final passage. I just wanted to take a minute (3) by redesignating subparagraphs (C) withdraw the amendment. If it is at through (F) as subparagraphs (B) through the desk, we withdraw it. and thank our chairman, Senator (E), respectively; The PRESIDING OFFICER. The BOND, from Missouri, who has done a (4) in subparagraph (E) (as redesignated by amendment is not pending. remarkable job with a very complex paragraph (3)), in the first sentence, by strik- The PRESIDING OFFICER. The Sen- bill that has numerous agencies with ing ‘‘subparagraph (E)’’ and inserting ‘‘sub- ator from Missouri. it, the first time the Senate has consid- paragraph (D)’’; and AMENDMENTS NOS. 2182; 2080; 2122; 2083, AS MODI- ered a bill with Transportation and (5) by striking subparagraph (G). FIED; 2183; 2184; 2185; 2186; 2187; 2188; 2167, AS HUD and Judiciary. I wish to com- AMENDMENT NO. 2122 MODIFIED; 2168, AS MODIFIED; 2189; 2084; 2103; pliment him and his staff and thank all (Purpose: To allow disabled and non-disabled 2119, AS MODIFIED; 2190; 2150, AND 2173 EN BLOC of our staffs for the tremendous work tenant to keep their section 8 contracts on Mr. BOND. Mr. President, as part of a they did in moving this bill forward. their properties post foreclosure) managers’ package, I send to the desk I thank the Chair. On page 338, line 15, strike ‘‘and is occupied amendment No. 2182 from Senator Mr. BOND. Mr. President, I thank my primarily by elderly or disabled families’’. LEVIN on the use of funds for Federal colleague from Washington. Her co- On page 338, line 19, insert ‘‘, and the con- contracts with expatriate agencies; operation and her very active involve- tract for such payments shall be renewable by the owner under the provisions of section amendment No. 2080, Senator ment have made all of this possible. We 524 of the Multifamily Assisted Housing Re- SANTORUM, to modify provisions relat- appreciate it. We will talk about our form and Affordability Act of 1997 (42 U.S.C. ing to certain Federal contracts; staff later. 1437f note)’’ after ‘‘in the property’’. amendment No. 2122, to allow disabled I call up amendment 2103 on behalf of AMENDMENT NO. 2083, AS MODIFIED and nondisabled tenants to keep their Senator BURNS requiring air carriers to (Purpose: To appropriate an additional Section 8 contracts for properties honor tickets for suspended air pas- $6,000,000 for the New Car Assessment Pro- postforeclosure by Senator SCHUMER, senger service, and I call up modified gram with a corresponding off-set in De- as modified; amendment No. 2083, as amendment No. 2119 on behalf of Sen- partment of Transportation salaries and modified, by Senator DEWINE, to appro- ator STEVENS and Senator ENSIGN and expenses) priate $6 million for the new car assess- ask that be considered and adopted. On page 248, between lines 20 and 21, insert ment program; an amendment on be- We have the Coburn amendment, im- the following: proper payments. I call up amendment SEC. 133. For an additional amount for the half of Senators FRIST, DOLE, and National Highway Traffic Safety Adminis- BOXER to provide funding for Habitat 2150 on behalf of Senator SNOWE relating to certified service station employ- tration under the heading ‘‘Operations and for Humanity; an amendment on behalf Research’’ $6,000,000, to carry out the provi- of Senator MURRAY relating to the Spo- ees, the Federal Aviation amendment, sions of section 10307(c) of Public Law 109–59. and ask that be included in the man- kane region high-speed rail corridor AMENDMENT NO. 2183 agers’ package, and amendment 2173 on study; an amendment on behalf of my- (Purpose: To fund Habitat for Humanity) self to eliminate the GSA authority to behalf of Senator COLEMAN relating to purchase card payments to Federal On page 310, line 16, after ‘‘tribal area’’, in- retain proceeds from the sale or other sert the following: ‘‘, and of which $5,000,000 conveyance of real and personal prop- contractors and ask that be included. shall be for capacity building activities ad- The PRESIDING OFFICER. Without erty; an amendment on behalf of Sen- ministered by Habitat for Humanity Inter- objection, it is so ordered. national’’. ator NELSON making appropriations for Without objection, the amendments the Department of Treasury for the Fi- AMENDMENT NO. 2184 are agreed to en bloc. On page 253, after line 22, insert the fol- nancial Crimes Unit; an amendment on The amendments were agreed to en behalf of Senator LOTT and Senator lowing: bloc, as follows: ‘‘SEC. ll Notwithstanding any other pro- AUTENBERG L relating to Amtrak; an AMENDMENT NO. 2182 vision of law, funds made available to the amendment on behalf of Senator LAU- (Purpose: To prohibit the use of funds for Federal Railroad Administration for the TENBERG on the owners and operators Federal contracts with expatriated entities) Spokane Region High Speed Rail Corridor of airports certified under section On page 293, after line 25, add the fol- Study on page 1420 of the Joint Explanatory 44476; two amendments on behalf of lowing: Statement of the Committee of Conference for Public Law 108–447 (House Report 108–792) Senator LANDRIEU, one to make funds SEC. ll. PROHIBITION ON FUNDING OF FED- available for conducting a study and ERAL CONTRACTS WITH EXPATRI- shall be made available to the Washington submission of a report relating to cata- ATED ENTITIES. State Department of Transportation for track and grade crossing improvements strophic hurricane evacuation plans (a) IN GENERAL.—None of the funds appropriated or otherwise made available by this under the Bridging the Valley project be- and another amendment to set aside Act may be used for any Federal Govern- tween Spokane County, Washington and funds to provide grants to local government contract with any foreign incorporated Kootenai County, Idaho.’’ ments to address increased transpor- entity which is treated as an inverted domes- AMENDMENT NO. 2185 tation demands in communities that tic corporation under section 835(b) of the (Purpose: Eliminate GSA authority to retain have experienced significant popu- Homeland Security Act of 2002 (6 U.S.C. proceeds from sale or other conveyance of lation growth; an amendment on behalf 395(b)) or any subsidiary of such an entity. real and personal property) (b) WAIVERS.— of Senator COLEMAN to improve the On page 383, state line 21 and all that fol- (1) IN GENERAL.—Any Secretary shall waive lows through line 6 on page 384. safety of all-terrain vehicles; and on subsection (a) with respect to any Federal behalf of Senator COBURN, we wish to Government contract under the authority of AMENDMENT NO. 2186 include amendment No. 2084. Senator such Secretary if the Secretary determines (Purpose: To provide the sense of Congress COBURN has an amendment on improper that the waiver is required in the interest of that the Secretary of the Treasury should payments, and I would ask that he or national security. place al-Manar on the Specially Des- his staff provide us copies of those (2) REPORT TO CONGRESS.—Any Secretary ignated Global Terrorist list) amendments and that they be included issuing a waiver under paragraph (1) shall re- On page 293, after line 25, insert the fol- in the managers’ package. port such issuance to Congress. lowing: SEC. 221. It is the sense of Congress that The PRESIDING OFFICER. The Sen- (c) EXCEPTION.—This section shall not apply to any Federal Government contract the Secretary of the Treaury should place al- ator from Missouri should note that entered into before the date of the enact- Manar, a global satellite television oper- both of those amendments are already ment of this Act, or to any task order issued ation, on the Specially Designated Global pending. pursuant to such contract. Terrorist list. AMENDMENT NO. 2091 WITHDRAWN AMENDMENT NO. 2080 AMENDMENT NO. 2187 Mr. BOND. I ask that amendment (Purpose: To modify provisions relating to (Purpose: To modify the provisions on grants 2091 be withdrawn. certain Federal contracts) to the National Passenger Rail Corporation) The PRESIDING OFFICER. Without On page 276, after line 24, add the fol- On page 250, line 9, strike ‘‘Provided, That,’’ objection, it is so ordered. lowing: and all that follows through page 252, line 17,

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.090 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11641

and insert ‘‘Provided, That the Corporation (D) in paragraph (4), by striking the period (2) COMMISSION, DISTRIBUTION IN COMMERCE, may impose a passenger service surcharge on at the end and inserting a semicolon; and TO DISTRIBUTE IN COMMERCE, UNITED each ticket issued equivalent to 5 percent of (E) by adding at the end the following: STATES.—The terms ‘‘Commission’’, ‘‘dis- the value of said ticket for all tickets issued ‘‘(5) the availability of food, water, rest- tribution in commerce’’, ‘‘to distribute in for travel in the Northeast Corridor, or route rooms, fueling stations, and shelter opportu- commerce’’, and ‘‘United States’’ have the segment, between Washington, DC and Bos- nities along the evacuation routes; meaning given those terms in section 3(a) of ton, MA and equivalent to 2 percent of the ‘‘(6) the time required to evacuate under the Consumer Product Safety Act (15 U.S.C. value of said ticket price for all tickets the plan; and 2052(a)). issued for travel on a route outside the ‘‘(7) the physical and mental strains associ- (c) VIOLATION OF CPSA.—Any violation of Northeast Corridor, the proceeds of which ated with the evacuation.’’. subsection (a) shall be considered to be a pro- shall be used for capital investments: Pro- AMENDMENT NO. 2167, AS MODIFIED hibited act within the meaning of section 19 vided further, That the Corporation shall not On page 219, line 14, insert after of the Consumer Product Safety Act (15 impose said surcharge if it finds that such a ‘‘$15,000,000’’ the following: ‘‘, of which U.S.C. 2068) and shall be subject to the pen- surcharge shall have a deleterious impact on $2,000,000 may be made available to provide a alties and remedies available for prohibited ridership and revenues: Provided further, grant to the Louisiana Department of Trans- acts under the Consumer Product Safety That of the funds provided under this sec- portation and Development to establish a Act. tion, not less than $5,000,000 shall be ex- program under which the Louisiana Depart- (d) EFFECTIVE DATE.—This section shall be- pended for the development and implementa- ment of Transportation and Development come effective 90 days after the date of the tion of a managerial cost accounting system, shall provide grants to parish and municipal enactment of this Act. which includes average and marginal unit governments in the State of Louisiana that AMENDMENT NO. 2103 cost capability: Provided further, That within experience a significant spike in population (Purpose: To extend the suspended service 30 days of development of the managerial because of an unexpected influx of hurricane ticket honor requirement) cost accounting system, the Department of evacuees, as determined by the Louisiana Transportation Inspector General shall re- At the appropriate place, insert the fol- Department of Transportation and Develop- lowing: view and comment to the Secretary of ment, to quickly implement smart and inno- Transportation and the House and Senate SEC. ———. EXTENSION OF REQUIREMENT FOR vative plans to alleviate traffic congestion AIR CARRIERS TO HONOR TICKETS Committees on Appropriations, upon the and to address increased transportation de- strengths and weaknesses of the system and FOR SUSPENDED AIR PASSENGER mands in the affected communities’’. SERVICE. how it best can be implemented to improve AMENDMENT NO. 2189 Section 145(c) of the Aviation and Trans- decision making by the Board of Directors portation Security Act (49 U.S.C. 40101 note) and management of the Corporation.’’. (Purpose: To improve the safety of all- terrain vehicles in the United States) is amended by striking ‘‘November 19, 2005.’’ AMENDMENT NO. 2188 At the appropriate place, insert the fol- and inserting ‘‘November 30, 2006.’’. (Purpose: To ensure that airports improve lowing: AMENDMENT NO. 2119, AS MODIFIED their runway safety areas, and for other purposes) SEC. ll. ALL-TERRAIN VEHICLES. (Purpose: To amend section 40128(e) of title (a) IN GENERAL.—Notwithstanding any 49, United States Code, to clarify the Lake On page 227, line 7, strike the period and other provision of law, it is unlawful for any Mead exemption to the prohibition of com- insert the following: ‘‘Provided further, That manufacturer or wholesale distributor to dis- mercial air tour operations over national not later than December 31, 2015, the owner tribute in commerce in the United States parks) or operator of an airport certificated under any new assembled or unassembled ATV un- 49 U.S.C. 44706 shall improve the airport’s On page 230, after line 22, insert the fol- less— lowing: runway safety areas to comply with the Fed- (1)(A) with respect to an ATV designed for eral Aviation Administration design stand- SEC. 109. Section 40128(e) of title 49, United use by single operator only, such ATV com- States Code, is amended by adding at the end ards required by 14 CFR part 139: Provided plies with any applicable provision of— further, That the Federal Aviation Adminis- the following: ‘‘For purposes of this sub- (i) the American National Standard for section, an air tour operator flying over the tration shall report annually to the Congress Four Wheel All-Terrain Vehicles – Equip- on the agency’s progress toward improving Hoover Dam in the Lake Mead National ment, Configuration, and Performance Re- Recreation Area en route to the Grand Can- the runway safety areas at 49 U.S.C. 44706 quirements developed by the Specialty Vehi- airports.’’ yon National Park shall be deemed to be fly- cle Institute of America (American National ing solely as a transportation route.’’. AMENDMENT NO. 2168, AS MODIFIED Standard ANSI/SVIA–1–2001); Nothing in this provision shall allow ex- On page 276, after line 24, add the fol- (ii) a revision of such Standard; or emption from overflight rules for the Grand lowing: (iii) a mandatory rule promulgated by the Canyon. SEC. 1ll.(a) In addition to amounts avail- Consumer Product Safety Commission; or AMENDMENT NO. 2190 able to carry out section 10204 of the Safe, (iv) such alternative standard that may be Accountable, Flexible, and Efficient Trans- accepted by the commission; or (Purpose: To ensure fiscal integrity of the portation Equity Act: A Legacy for Users (B) with respect to an ATV designed for payments made by Federal agencies and to (Public Law 109–59) as of the date of enact- use by an operator and passengers, such ATV prohibit the use of funds until the Depart- ment of this Act, of the amounts made avail- complies with any applicable provisions of ment of Housing and Urban Development able by this Act, $1,000,000 may be used by any future American National Standard de- has reported specific actions taken to esti- the Secretary of Transportation and the Sec- veloped for such vehicles or such alternative mate improper payments in the commu- retary of Homeland Security to jointly— standard that may be accepted by the com- nity development block grant program as (1) complete the review and assessment of mission; required under the Improper Payments In- catastrophic hurricane evacuation plans (2) with respect to an ATV, it is subject to formation Act of 2002) under that section; and or covered by a letter of undertaking or an On page 406, between lines 7 and 8, insert (2) submit to Congress, not later than June ATV action plan that is sent not more than the following: 1, 2006, the report described in subsection (d) 30 days after the date of enactment of this SEC. 724. DEPARTMENT OF HOUSING AND URBAN of that section. Act— DEVELOPMENT RISK ASSESSMENT. (b) Section 10204 of the Safe, Accountable, (A) applies to such ATV; (a) ESTIMATE.—The Secretary of Housing Flexible, and Efficient Transportation Eq- (B) includes actions to promote ATV safe- and Urban Development shall estimate im- uity Act: A Legacy for Users (Public Law ty; and proper payments for the community develop- 109–59) is amended— (C) has been approved by the Commission ment block grant program under title I of (1) in subsection (a)— and is substantially implemented at the time the Housing and Community Development (A) by inserting after ‘‘evacuation plans’’ of the distribution in commerce of such Act of 1974 (42 U.S.C. 5301 et seq.) pursuant to the following: ‘‘(including the costs of the ATV; and section 2 of the Improper Payments Informa- plans)’’; and (3) such ATV bears a permanent label cer- tion Act of 2002 (Public Law 107–300). (B) by inserting ‘‘and other catastrophic tifying that it complies with the provisions (b) REPORT.—Not later than 60 days after events’’ before ‘‘impacting’’; of paragraphs (1) and (2). the date of enactment of this section, the (2) in subsection (b), by striking ‘‘and (b) DEFINITIONS.—In this section: Secretary shall report to Congress on spe- local’’ and inserting ‘‘parish, county, and (1) ATV.—The term ‘‘ATV’’ means any mo- cific actions taken to estimate improper municipal’’; and torized, off-highway, all-terrain vehicle de- payments in the community development (3) in subsection (c)— signed to travel on 4 wheels, having a seat block grant program to comply with section (A) in paragraph (1), by inserting ‘‘safe designed to be straddled by the operator and 2 of the Improper Payments Information Act and’’ before ‘‘practical’’; handlebars for steering control and does not of 2002, including a schedule for full compli- (B) in paragraph (2), by inserting after include a prototype of an motorized, off- ance with such Act within fiscal year 2006. ‘‘States’’ the following: ‘‘and adjoining juris- highway, all-terrain vehicle or other off- (c) FAILURE TO REPORT.—If the Secretary dictions’’; highway, all-terrain vehicle that is intended fails to report to Congress on specific actions (C) in paragraph (3), by striking ‘‘and’’ exclusively for research and development taken to estimate improper payments as re- after the semicolon at the end; purposes. quired under subsection (b), funds for the

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.037 S20OCPT1 S11642 CONGRESSIONAL RECORD — SENATE October 20, 2005 community development block grant pro- other actions related to or arising under the amendment that was to be offered gram shall be halted until such report is sub- competitive sourcing of flight services. today would have immediately in- mitted. (2) An employee subject to this section creased employment of the disabled AMENDMENT NO. 2150 shall not be— (A) covered by chapter 71 of title 5, United while potentially saving taxpayer (Purpose: To assist certain flight service sta- States Code, while on the assignment au- money. tion employees of the Federal Aviation Ad- thorized by this section; or In October 2004, Congress enacted the ministration) (B) subject to section 208 of title 18, United American Jobs Creation Act of 2004, At the appropriate place, insert the fol- States Code. providing for outsourcing by the IRS of lowing: (3) Temporary employees assigned under collection of unpaid and past due Fed- SEC. ll.(a)(1) This section shall apply to this section shall not be Federal employees eral income taxes. The administrative an employee of the Federal Aviation Admin- for purposes of chapter 171 of title 28, United istration, who— process for issuing contracts to quali- States Code (commonly referred to as the fied private sector debt collection com- (A) would be involuntarily separated as a Federal Tort Claims Act). Chapter 171 of result of the reorganization of the Flight title 28, United States Code (commonly re- panies is about to be completed. It is Services Unit following the outsourcing of ferred to as the Federal Tort Claims Act) and estimated that these contracts will flight service duties to a contractor; any other Federal tort liability statute shall create up to 4,000, well paying private (B) was not eligible by October 3, 2005 for not apply to an employee who is assigned to sector jobs. an immediate annuity under a Federal re- a contractor under subsection (a). If the same tax collection activities tirement system; and AMENDMENT NO. 2173 were conducted by Federal employees, (C) assuming continued Federal employment, would attain eligibility for an imme- (Purpose: To require that purchase card pay- provisions of current law would give diate annuity under section 8336(d) or 8414(b) ments to Federal contractors be subjected preferences in employment to disabled of title 5, United States Code, not later than to the Federal Payment Levy Program and veterans in filling those Federal jobs. October 4, 2007. to require improved reporting of air travel In addition, if other persons with dis- (2) Notwithstanding any other provision of by Federal Government employees) abilities were employed by the Federal law, during the period beginning on the date On page 406, between lines 7 and 8, insert Government in those jobs, those dis- of enactment of this Act and ending October the following: abled persons would benefit from the 4, 2007, an employee described under para- SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS Federal Government’s long history of graph (1) may, with the approval of the Ad- WITH FEDERAL TAX DEBT. ministrator of the Federal Aviation Admin- The General Services Administration, in nondiscrimination and policies of pro- istration or the designee of the Adminis- conjunction with the Financial Management moting job opportunities for the dis- trator, accept an assignment to such con- Service, shall develop procedures to subject abled. By enacting legislation to im- tractor within 14 days after the date of en- purchase card payments to Federal contrac- prove the IRS’s tax collection efforts actment of this section. tors to the Federal Payment Levy Program. and placing those efforts on a sound (3) Except as provided in subsection (c), an SEC. 520. REPORTING OF AIR TRAVEL BY FED- commercial footing by outsourcing or employee appointed under paragraph (1)— ERAL GOVERNMENT EMPLOYEES. privatizing the initiative, Congress cer- (A) shall be a temporary Federal employee (a) ANNUAL REPORTS REQUIRED.—The Ad- tainly did not intend to curtail the na- for the duration of the assignment; ministrator of General Services shall submit (B) notwithstanding such temporary sta- annually to the Committee on Homeland Se- tional commitment to creating mean- tus, shall retain previous enrollment or par- curity and Governmental Affairs of the Sen- ingful job opportunities for disabled ticipation in Federal employee benefits pro- ate and the Committee on Government Re- veterans and other persons with dis- grams under chapters 83, 84, 87, and 89 of title form of the House of Representatives a re- abilities. Indeed, the contracts which 5, United States Code; and port on all first class and business class trav- the IRS will soon execute with private (C) shall be considered to have not had a el by employees of each agency undertaken sector debt collection companies pro- break in service for purposes of chapters 83, at the expense of the Federal Government. vide a unique opportunity for the Fed- 84, and sections 8706(b) and 8905(b) of title 5, (b) CONTENTS.—The reports submitted pur- eral Government to stimulate creation United States Code, except no service credit suant to subsection (a) shall include, at a or benefits shall be extended retroactively. minimum, with respect to each travel by of well paying jobs for disabled vet- (4) An assignment and temporary appoint- first class or business class— erans and other persons with disabil- ment under this section shall terminate on (1) the names of each traveler; ities. the earlier of— (2) the date of travel; To realize this opportunity, however, (A) October 4, 2007; or (3) the points of origination and destina- Congress must act to assure that exist- (B) the date on which the employee first tion; ing Federal employment preferences becomes eligibility for an immediate annu- (4) the cost of the first class or business for disabled veterans and Federal poli- ity under section 8336(d) or 8414(b) of title 5, class travel; and cies promoting opportunities for other United States Code. (5) the cost difference between such travel (5) Such funds as may be necessary are au- and travel by coach class fare available disabled persons are carried forward as thorized for the Federal Aviation Adminis- under contract with the General Services a part of the IRS’s contracting criteria. tration to pay the salary and benefits of an Administration or, if no contract is avail- The language in the proposed amend- employee assigned under this section, but no able, the lowest coach class fare available. ment would have established a pref- funds are authorized to reimburse the em- (c) AGENCY DEFINED.—(1) Except as pro- erence under the debt collection con- ploying contractor for the salary and bene- vided in paragraph (2), in this section, the tracting program for contractors who fits of an employee so assigned. term ‘‘agency’’ has the meaning given such meet certain threshold criteria relat- (b) An employee who is being involuntarily term in section 5701(1) of title 5, United ing to employment of disabled veterans separated as a result of the reorganization of States Code. the Flight Services Unit following the (2) The term does not include any element and other disabled persons. Further- outsourcing of flight service duties to a con- of the intelligence community as set forth in more, the amendment would have re- tractor, and is eligible to use annual leave or designated under section 3(4) of the Na- quired that at least a specified percent- under the conditions of section 6302(g) of tional Security Act of 1947 (50 U.S.C. 401a(4)). age of the individuals employed by the title 5, United States Code, may use such f contractor to provide debt collection leave to— services under the contract with the (1) qualify for an immediate annuity or to DISABLED VETERANS AND OTHER IRS qualify as disabled veterans or dis- meet the age or service requirements for an PERSONS WITH DISABILITIES enhanced annuity that the employee could abled persons. qualify for under sections 8336, 8412, or 8414; Mr. NELSON of Nebraska. Mr. Presi- Some have expressed concern over or dent, I rise to enter into a colloquy this proposed amendment because they (2) to meet the requirements under section with Senator DEWINE to discuss an believe this could possibly derail the 8905(b) of title 5, United States Code, to qual- amendment that we were going to offer selection process currently underway. ify to continue health benefits coverage on behalf of our Nation’s disabled vet- It is not my intention to stall this after retirement from service. erans and other persons with disabil- process, but rather to make it better. (c)(1) Nothing in this section shall— ities. As such, I have chosen not to offer the (A) affect the validity or legality of the re- I know that we are all concerned language at this time. But it is my induction-in-force actions of the Federal Avia- tion Administration effective October 3, 2005; about taking care of our returning tention to find the appropriate legisla- or service men and women, especially tive vehicle for language mandating (B) create any individual rights of actions those who were wounded in action and the hiring of persons with disabilities regarding such reduction-in-force or any are now disabled, some severely. The prospectively.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.039 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11643 I wish to ask the Senator from Ohio much discussion about the critical role pressing needs as they must deal with to work with me on this very impor- of the section 8 program in providing many immigration issues in addition tant matter. millions of Americans with affordable, to the typical cases filed in federal Mr. DEWINE. Mr. President, I am safe housing. As my colleagues know, court. For example, for the 12-month happy to join my friend from Nebraska the 2005 funding year budget is based period ending September 30, 2004, 364 in bringing this very important issue on a ‘‘snapshot’’ of verified VMS leas- felony cases per judge were filed in the to the attention of the Senate. ing and cost data averaged for the District of New Mexico, compared to As my good friend has mentioned, months of May, June, and July of 2004. the national average of 88 cases per the provisions contained in the Amer- I commend the chairman and ranking judge. The Las Cruces, NM division, ican Jobs Creation Act of 2004 have cre- member for including a setaside of $45 which deals with a significant number ated a unique opportunity to advance million in the Senate bill to adjust the of Spanish speakers, currently has only the futures of returning patriots and allocations of the housing agencies one staff interpreter to support five other persons with disabilities, while whose snapshot did not accurately re- judges and magistrates. District judges improving the fiscal outlook of our flect the real leasing levels and costs from across the state travel to Las country. for 2004. Cruces weekly to help manage the A little over a year ago, the U.S. Unfortunately, the provision as over-crowded docket in the southern Army established the Disabled Soldiers drafted does not take into account re- part of the State, so they need addi- Support System, or DS3, to provide its duced leasing levels resulting from the tional travel funds. Finally, courtroom ‘‘disabled Soldiers and their families public housing agency: One, following technology, such as video conferencing with a system of advocacy and follow- HUD directives to not reissue turnover equipment, is needed to allow judges to up to provide personal support that as- vouchers, two, accepting 1,000 or more hear motions without traveling across sists them in their transition from additional vouchers through Housing the State. military service into the civilian com- Conversion Actions or enhanced vouch- May I inquire of the distinguished munity.’’ The program has been com- ers, or three, accepting assigned vouch- chairman if it is the intention of the bined with the Recovery and Employ- ers/voucher portfolios from other pub- subcommittee to encourage the Admin- ment Assistance Lifelines, or lic housing authorities. Without these istrative Office of the Courts, as they REALifelines, initiative as a joint additional criteria, many public hous- prepare their funding formula for the project of the U.S. Department of ing agencies, including the Michigan distribution of fiscal year 2006 funds, to Labor, the Bethesda Naval Medical State Housing Development Authority, take into account the above mentioned Center, and the Walter Reed Army will be unfair1y denied any of the set- special needs of the U.S. District Court Medical Center. The joint effort aims aside funding that is provided under for the District of New Mexico? to create a seamless, personalized as- this bill to make them whole. I urge Mr. BOND. Mr. President, the Sen- sistance network to ensure that seri- the chairman and ranking member to ator from New Mexico is correct. The U.S. Court for the District of New Mex- ously wounded and injured service- improve this provision in conference to ico faces an extraordinary need for in- members who cannot return to active provide for a fairer distribution of this terpreters, travel funds for judges, and duty are trained for rewarding new ca- setaside funding. improved courtroom technology, and I reers in the private sector. Mr. BOND. Mr. President, I thank the In employing the new private debt distinguished Senator from Michigan ask the Administrative Office of the collection provisions of the American and concur with her that this is a prob- Courts to consider these necessities in their allocation of fiscal year 2006 Jobs Creation Act, private collection lem that must be addressed in con- funds. agencies would be in the unique posi- ference. I will work with the Senator from Michigan to ensure that the final Mrs. MURRAY. I agree with the dis- tion of being able to provide these vet- tinguished Senator from Missouri and erans with well-paying and challenging conference report includes a fair distribution of this setaside funding for request that the needs of the U.S. jobs. Studies in the Worker’s Com- Court for the District of New Mexico be pensation industry point to heightened public housing agencies. As you know, we included a provision to protect the considered by the Administrative Of- degrees of vocational success when re- use of project-based vouchers in the fice of the Courts. I have also been turn to work efforts occur early. It is distribution formula. made aware of these concerns earlier in important that our returning disabled Mrs. MURRAY. Mr. President, I ap- the year by the other Senator from servicemembers be reincorporated into preciate the Senator bringing this New Mexico, Mr. BINGAMAN. a stable work environment as soon as issue to our attention and she can be Mr. DOMENICI. I thank my col- possible so that they do not become de- sure that her concerns will be given leagues for their concurrence regarding pressed and develop feelings of useless- every consideration in conference. the special circumstances and require- ness. Ms. STABENOW. I thank the distin- ments of the U.S. District Court for the As the Senator has stated, some have guished chairman and ranking member District of New Mexico. I also thank expressed concern due to the selection of the subcommittee. the chairman for his willingness to at- process currently underway. Therefore, JUDICIAL RESOURCES FOR THE U.S. DISTRICT tempt to address this issue in con- I agree with him that it is best not to COURT FOR THE DISTRICT OF NEW MEXICO ference. offer this language at this time. Mr. DOMENICI. Mr. President, I rise FEDERAL FUNDS FOR DISTRICT OF COLUMBIA But notwithstanding, Senator NEL- to speak on the pending Transpor- RESIDENT TUITION ASSISTANCE SON of Nebraska and I plan to work to tation, Treasury, Judiciary and HUD Mr. DURBIN. Mr. President, I would find the appropriate legislative vehicle Appropriations bill for fiscal year 2006. like to speak briefly about a particular to attach language that will mandate I would like to discuss the special Federal funding provision in the appro- the hiring of persons with disabilities needs of the U.S. District Court for the priations measure for the District of prospectively. I urge my fellow Sen- District of New Mexico due to its dis- Columbia, which has been fully incor- ators to join me in supporting this ef- proportionately heavy caseload. porated as part of this bill. The bill fort. This is an innovative and cost-ef- I thank the distinguished chairman provides $33.2 million in Federal funds fective plan for increasing employment of the Transportation, Treasury, Judi- for the District of Columbia Resident of disabled veterans and other disabled ciary and HUD Appropriations Sub- Tuition Assistance Program, also citizens. We owe it to our service men committee, Senator BOND, and the dis- known as DC TAG. and women to improve their futures tinguished ranking member, Senator The District of Columbia Resident any way we can. MURRAY, for their willingness to ad- Tuition Assistance Program provides SETASIDE FUNDING FOR PUBLIC HOUSING dress the difficulties faced by courts on funds which allow eligible District stu- AGENCIES the United States-Mexico Border due dents to attend out-of-State public col- Ms. STABENOW. Mr. President, I to lack of resources. This issue is one leges and universities at in-State tui- rise to engage in a colloquy with the of great importance to the citizens of tion rates. It also provides stipends for chairman and ranking member of the New Mexico. District students to attend private His- Transportation-HUD Appropriations The District Courts along the United torically Black Colleges and Univer- Subcommittee. There has already been States-Mexico border face particularly sities, HBCUs, across the country and

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.086 S20OCPT1 S11644 CONGRESSIONAL RECORD — SENATE October 20, 2005 private colleges in the District of Co- the $25.6 million allowed for fiscal year EXHIBIT 1 lumbia metropolitan region. 2005, which itself represented a 52 per- JULY 20, 2005. I have had a long-standing interest in cent hike over the $17 million appro- Hon. RICHARD J. DURBIN, this program. I recall a meeting in my priated for fiscal year 2004. In response Subcommittee on the District of Columbia, Sen- office in early 1999 with Donald to questions I raised seeking further ate Committee on Appropriations, Dirksen Graham of The Washington Post. He explanation and justification for this Senate Office Building, Washington, DC. DEAR SENATOR DURBIN: I would like to was spearheading an effort to involve increase, Mayor Anthony Williams sent thank you for your long history of support the Congress in creating and funding a me his written assurance that ‘‘the last for the District of Columbia Tuition Assist- program to work in tandem with a suc- two years’ requests for significant ap- ance Grant Program (DCTAG). As a result of cessful program that local business propriations increase will not occur your leadership for both the authorization leaders established in the local schools again.’’ I ask unaminous consent that a and significant appropriations for this most to provide guidance to students explor- copy of the Mayor’s letter of July 20, beneficial program, DCTAG has helped more ing post-secondary educational oppor- than 8,000 students throughout the District 2005 be printed in the RECORD following of Columbia attend college. tunities. I was impressed with the con- my remarks. The program’s success has necessarily and cept and pledged to help get it done. The PRESIDING OFFICER. Without predictably resulted in rising costs and I ac- As ranking member of the District of objection, it is so ordered. knowledge your concerns about the rate of Columbia oversight subcommittee, I growth in program costs over the last two worked closely with Senator VOINOVICH (See exhibit 1) years. Moreover, I acknowledge your con- in shepherding through to enactment Mr. DURBIN. Mr. President, I also cerns about our current out-year cost projec- the legislation that initially estab- note that 2 years ago, the Congress ditions. I can assure you that the last two rected the Government Accountability years’ requests for significant appropriations lished this program, the District of Co- increase will not occur again. These in- lumbia College Access Act of 1999. Then Office to evaluate the DC TAG program creases were largely the result of two fac- as subcommittee chairman in 2001, I to determine whether adequate con- tors: 1) the program’s annual carryover is worked to ensure that the District of trols are in place to protect the Fed- virtually depleted meaning that we must re- Columbia College Access Improvement eral interest, such as those pertaining quest the actual operating costs (rather than Act of 2002 to expand and strengthen to student eligibility, cash manage- relying, in part, on carryover surpluses) and the program was signed into law. More ment, and administrative expenses, as 2) the program has been adding entire classes well as assess relevant performance of students during its implementation phase recently, I was an original cosponsor of (and we no longer will be adding new cohorts bipartisan legislation last year to reau- and demographic information. or categories of newly eligible persons.) thorize the program. I understand that the GAO’s work on As Mayor, I am committed to undertaking This unique program has enjoyed re- this mandated study may be in its final measures to reduce the current cost projec- markable success. District officials are stages, and that a written report is an- tions in FY 07 and beyond, including: Negoti- to be commended for their efforts to ticipated soon. To the extent that GAO ating tuition decreases based upon volume of students; aligning program requirements in quickly launch and implement the pro- identifies any particular concerns gram within a short period following line with those of the U.S. Department of which may put the DC TAG program Education; and revising maximum award its authorization. The fact that the and the Federal taxpayer dollars it re- calculations based on type of school. Federal funds have enabled over 8,000 ceives at risk, I would urge that in re- Program officials have already discussed District residents to achieve their sponse, the Mayor take immediate these scenarios with the authorizers and dream of attending college at some in- steps to promptly correct any identi- after appropriate consultation with you and stitutions in 46 states is extraordinary. fied weaknesses in the operations and others, we will begin to implement a range of Yet despite my long-standing, ongo- cost containment measures. Attached is a financial management of the program, copy of my testimony last month before the ing support for the TAG program and and advise the Congress of the Dis- its continued viability, I do have sig- DC appropriations subcommittee which reit- trict’s plans and outcomes. erates this commitment. nificant concerns. These are not new. I once again thank you for support of the First, this Program’s source of rev- Additionally, to the extent that the GAO findings and recommendations are DCTAG program. This program has had a de- enue for its operation is strictly and monstrable impact on the quality of life for wholly a Federal contribution. There available in advance of the conference thousands of District families, Were it not are—and have been—no non-Federal on this bill, I would recommend that for this program, the dream of a college edu- funds invested in the Program. While the conference agreement include ex- cation would not be a reality for many of the Mayor can be proud of how much it plicit directives to the Mayor and these families. My staff and I are eager to continue our partnership with you and your has accomplished in the past six years, other appropriate District officials to address the GAO findings in order to staff in the management of this program to there is no demonstrated financial the benefit of the citizens of the District of commitment to it on the part of the help bolster the future fiscal management of this program without inordi- Columbia. local District government. Sincerely, Secondly, in the past 2 fiscal years, nate delay. ANTHONY A. WILLIAMS, this program has enjoyed a significant Furthermore, it would be prudent, Mayor. boost in annual funding. In FY 2005, the prior to our consideration of the FY Ms. LANDRIEU. Mr. President, I like President requested $17 million, the 2007 funding request for this program, to thank the Senator from Illinois, Mr. equivalent level Congress provided in that the District of Columbia appro- DURBIN, for his concerted oversight of each of the previous five years. How- priations subcommittee conduct a the DC Tuition Assistance Grant Pro- ever, the District sought $25.6 million. comprehensive oversight hearing on gram. This program is an important as- The fact that the District at the time the DC TAG program. This could pro- pect of Congress’s investment in edu- appeared to also have some $9 million vide a forum to not only showcase the cational opportunities for DC students. in unspent reserve funds prompted me program’s accomplishments and I appreciate Senator DURBIN’s insight to amend the Senate bill in committee strengths, but to identify any weak- into the management of the program to provide for $21.2 million, with a di- nesses in the fiscal operations, program as he brings to our appropriations sub- rective that the District use the re- policies, and managerial structure committee on the District the perspec- serve funds to fully fund the program which affect the efficient and effective tive of the authorizing committee on in fiscal year 2005 and work with the use of Federal funds. It may afford an which he served as well. Senate and House authorizing and ap- opportunity to collaborate with the au- As Senator DURBIN noted, Congress propriations Committees to develop a thorizing committee to ensure that engaged the Government Account- plan involving Federal/non-Federal any necessary legislative and adminis- ability Office to conduct a comprehen- cost sharing for DC TAG for future fis- trative reforms can be instituted. Any sive review of the Tuition Assistance cal years. The conference ultimately efforts we can take to improve this Grant Program—TAG—in 2004. We un- approved the full $25.6 million. program as it matures and continues to derstand this report is forthcoming and Now this year, the proposed funding benefit District residents in their edu- are eager to review these findings with level for fiscal year 2006 of $33.2 million cational pursuits will be time well our colleagues. This unique program represents a 30 percent increase over spent. was created to fit the unique need that

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.091 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11645 the District of Columbia does not have under section 401(b) of the 2006 budget bankruptcy, threatening 15,000 jobs in a public university system similar to resolution. It is my hope that these Michigan and more than 33,000 across states across the country. TAG sup- problems can be addressed by the bill the country. ports the opportunity for DC students managers so that we will not have to In terms of assets, this bankruptcy is to have choices to further their edu- consider points of order against this the largest ever in the United States, cation in small or large universities bill. surpassing the reorganizations of K- around the country. The program has Mr. President, I ask unanimous con- Mart and Worldcom. been lauded as a significant tool for in- sent that a table displaying the Budget The Delphi bankruptcy should serve creasing college attendance, but I am Committee scoring of the bill be in- as a wake up call to the Congress and particularly interested to learn from serted in the RECORD. the administration that we can no the GAO the college graduation rates There being no objection, the mate- longer tolerate unfair trade practices. of TAG recipients. This, and answers rial was ordered to be printed in the Unless we put a stop to them, our eco- many other questions, will enable the RECORD, as follows: nomic spiral downward will continue authorizers and appropriators to con- H.R. 3058, 2006 TRANSPORTATION, TREASURY, JUDICIARY, and the American middle class way of tinually examine this program for per- life will be in jeopardy. formance. AND HUD APPROPRIATIONS—SPENDING COMPARI- SONS—SENATE-REPORTED BILL In Michigan, we are experts at many As a unique program, tailored to the things, but we excel at making things [Fiscal Year 2006, $ millions] needs of the District, we also must en- and growing things. sure the program is meeting the goals General Whether it is cars or office furniture, set out by the Congress and the needs Mandatory Total purpose apples or cherries, we lead the way in of the community. We understand the Senate-reported bill: manufacturing innovation and effi- GAO has found that several manage- Budget authority ...... 65,819 18,987 84,806 ciency. ment and financial controls are lack- Outlays ...... 122,064 18,973 141,037 Senate 302(b) allocation: And manufacturing jobs are the life ing. Because we have limited resources Budget authority ...... 65,819 18,987 84,806 every program must be responsive to Outlays ...... 122,064 18,973 141,037 blood of almost every community in 2005 Enacted: Michigan. the community and operate in an ac- Budget authority ...... 65,866 18,580 84,446 countable and rigorous manner. I am Outlays ...... 116,866 18,532 135,398 Even though Michigan has growing, President’s request: cutting-edge industries, such as bio- encouraged by the recent management Budget authority ...... 60,130 18,987 79,117 improvements Mayor Williams has Outlays ...... 119,218 18,973 138,191 technology and nanotechnology, it still House-passed bill: 1 has one of the highest unemployment made, but as Senator DURBIN noted, Budget authority ...... 66,934 18,987 85,921 there is still work to be done. Outlays ...... 120,949 18,973 139,922 rates in the country because of our I appreciate Senator DURBIN raising Senate-Reported Bill Compared troubled manufacturing sector. these important concerns to Chairman To: Our current economy is moving Senate 302(b) allocation: BROWNBACK and me. I will work with Budget authority...... 0 0 0 through a period of great uncertainty. the other conferees to ensure that Outlays ...... 0 0 0 It would be easy to blame this on a par- 2005 Enacted: funding for the TAG program meets Budget authority ...... ¥47 407 360 ticularly bad business cycle—a busi- the current need in the community, Outlays ...... 5,198 441 5,639 ness cycle that will eventually correct President’s request: and that proper controls are in place Budget authority ...... 5,689 0 5,689 itself. But, to do so would require us to for strict management of these funds. Outlays ...... 2,846 0 2,846 overlook a very real threat to our In addition, I welcome an opportunity 1 House and Senate bills having different jurisdictions. economy and our way of life. for the Committee to examine the TAG Note: Details may not add to totals due to rounding. Totals adjusted for That threat is the lack of a level program in our hearings next spring. I consistency with scorekeeping conventions. playing field for American businesses hope we are able to collaborate with Ms. STABENOW. Mr. President, I and workers in the global marketplace. the authorization committee so we rise today in support of the Transpor- As my colleagues know, China cur- may continue to manage and fund this tation/Treasury/HUD appropriations rently exports to the United States program to generate the best benefit bill and my trade amendment that was some $160 billion more than it takes in. for all DC students attending college. adopted by unanimous consent this A significant portion of this deficit is Senator DURBIN, I thank you for morning. This amendment will send a driven by consumer demand here in the bringing these recommendations to our strong signal to our major Asian trad- United States, but a shockingly large attention. ing partners that we are no longer portion of it is due to illegal trade Mr. GREGG. Mr. President, the pend- going to tolerate their trade violations practices, namely currency manipula- ing Departments of Transportation, that are costing us jobs here at home— tion, counterfeiting and the theft of in- Treasury, HUD, the Judiciary and Re- especially in my State of Michigan. tellectual property. lated Agencies appropriations bill for As my colleagues may know, Treas- Since 1995 China has pegged its cur- fiscal year 2006, H.R. 3058, as reported ury Secretary Snow has been traveling rency and has not allowed it to ‘‘float.’’ by the Senate Committee on Appro- in China for the last week to advance a The impact of this illegal action is priations provides $84.806 billion in trip that President Bush is taking to clear. It gives a distinct advantage to budget authority and $141.037 billion in China and Japan in November. Unfor- Chinese companies that export into the outlays in fiscal year 2006. Of these to- tunately, he seems to be making little United States and diminishes our abil- tals, $18.987 billion in budget authority progress in our attempt to get China to ity to export to the Chinese market— and $18.973 billion in outlays are for stop its illegal trade practices like cur- therefore, China is effectively giving mandatory programs in fiscal year rency manipulation. its exporters an exchange rate subsidy. 2006. The President’s upcoming trip could The bill provides total discretionary not come at a more important time. This manipulation increases the budget authority in fiscal yer 2006 of Currently, Chinese and Japanese trade price of our goods while making their $65.819 billion. This amount is $5.689 policies are literally destroying U.S. goods appear cheaper here at home. billion more than the President’s re- industries, costing us jobs and hurting For example, a mid-sized American quest, equal to the 302(b) allocations our middle-class families. car sold in China or Japan is $2,000 adopted by the Senate and $47 million In order to help President Bush as he more expensive than it should be be- less than fiscal year 2005 enacted lev- pushes China and Japan to stop their cause of currency manipulation. This els. This legislation is also equal to the currency manipulation, to crack down really hurts our automobile industry. 302(b) outlay allocation. on the counterfeiting of American Earlier this year, I spoke with em- For the information of my col- manufactured goods, and to cease the ployees of a large auto parts supplier leagues, I must note that this legisla- pirating of intellectual property, I be- who told me they had recently lost a tion contains several provisions that lieve the Senate should go on record to parts contract to a Chinese company will result in spending in 2007 and sub- show that our Government is united in despite the fact that they were the low- sequent years. I must inform my col- opposition to these illegal trade prac- est bidder. leagues that the provisions creating tices. The reason: when you factored in the these advance appropriations would be Just last week, Delphi, our Nation’s impact of the artificially low yuan, the subject to a budget point of order largest auto parts supplier, declared Chinese company had a cheaper bid.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.092 S20OCPT1 S11646 CONGRESSIONAL RECORD — SENATE October 20, 2005 As we all know, such currency ma- structions, and instruction photos were three decades, DC’s ban on handguns nipulation is illegal under the terms of copied by a Chinese company and re- and assault weapons bans have helped China’s International Monetary Fund sold into the American market. reduce the risk of deadly handgun vio- and World Trade Organization member- Under normal circumstances, the lence. City residents and public offi- ship. Stabilizer would cost a retail customer cials overwhelmingly support the ban, Some economists have calculated about $70. The pirated product was and the courts have upheld it. Rep- that this price differential may amount being sold for less than $10—which is resentative ELEANOR HOLMES NORTON, to as much as 40 percent. It is simply far below the cost of the raw materials Mayor Anthony Williams, and Police devastating our manufacturers in necessary to create the product. Chief Charles Ramsey all strongly op- Michigan and it is costing us jobs ev- Carter Products had to launch a case pose the House amendment. eryday. at its own expense to stop this illegal Mayor Williams has called this effort In July, China announced that it trade violation. After spending more to repeal the city’s gun ban ‘‘a slap in would stop pegging its currency, but than $20,000 the company was able to the face.’’ Chief Ramsey has said that a after rising 2 percent on July 21, the keep the illegal product out of the U.S. repeal of DC’s gun ban would have a yuan has barely budged. market by stopping its distribution in ‘‘scary’’ impact. Without question, This is an unacceptable situation markets covered by the company’s pat- more guns mean more violence. More that calls for immediate action. ents. than half of the robberies and 20 per- I think it is important to note, But what company can ever be sure cent of the aggravated assaults in the though, this is not just a China prob- that they have achieved victory city are committed with a firearm. In lem. This is a pan-Asian problem that against this type of illegal behavior if 2004, nearly 80 percent of District homi- includes Japan among the offenders. the country of origin—in this case cides were committed with firearms. Unfortunately, currency manipula- China—is not going to abide by their The youngest victim was only 7 years tion is not the only illegal trade prac- obligations under the WTO? old. tice we need to address. Second only to our human resources, It is difficult to understand how Chinese counterfeiting and Intellec- intellectual property is our Nation’s weaker gun safety laws will make resi- tual property theft are enormous prob- most valuable asset. As the United dents and visitors safer. This effort by lems for manufacturing in my home States freely trades with the world’s Congress to prevent the enforcement of State of Michigan. nations, we are discovering new oppor- the DC gun laws will only serve to in- Let me give two examples of the tunities and new challenges. crease the number of homicides, sui- problem that we in Michigan currently International rules and institutions cides and accidental shootings. Greater face with regard to this unfair competi- have been set up to protect intellectual availability of firearms will make it tion. property, but China falls short when it Counterfeit automotive products not more likely that deadly handgun vio- comes to following those rules and only kill American jobs, they have the lence will erupt in public buildings, of- keeping their commitments. fices, and public spaces. Over 20 million potential to kill American families— They are seeking to gain an advan- when shoddy counterfeit automotive visitors come to Washington each year, tage over American companies and and this amendment puts the safety of products replace legitimate ones of American workers by breaking the higher-quality our manufacturers lose, all of them at needless risk. rules. In April, I proposed bipartisan The amendment is also an attack and our consumers are put at risk. legislation to strengthen our Govern- The Federal Trade Commission esti- upon the well-established principle of ment’s ability to protect the rights of mates that the automotive parts and home rule for the District. It tramples American companies and American components industry loses an esti- the rights of the city’s elected leaders workers in world markets; that in- mated $12 billion annually in sales on a and local residents to govern their cludes protection of our intellectual global basis to counterfeiting. homes, streets, neighborhoods, and It is estimated that if these losses property rights. The Chief Trade Pros- workplaces. It is an insult to the 600,000 were eliminated, and those sales were ecutor Act should be passed into law citizens of the District of Columbia. brought into legitimate companies, the immediately so we may defend our Statistics show that crime preven- automotive industry could hire 200,000 companies and workers from those who tion is working in the District. Crime additional workers. seek to gain an advantage by breaking decreased 18 percent last year and And we don’t even keep statistics on the rules. homicides went down 17 percent. In the the potential loss of life—when shoddy It is time to send a message to the first 5 months of 2005, the Metropolitan counterfeit auto parts fail and cause Chinese and Japanese governments. It Police Department confiscated more car accidents. is time to say we are fed up and we will than 1,000 firearms on city streets. We should understand that, if left un- not take it anymore. Let’s give them a Only a tiny percentage of recovered checked, penetration by counterfeit shot across the bow. Let’s make it loud firearms are registered in the District. automotive products, as well as other and clear that they will have to change The city continues to face serious con- manufactured goods, has the potential now—not later—or we will take real cerns about firearms illegally brought to undermine the public’s confidence action against them. into the city from other jurisdictions, and trust in what they are buying. We Workers across the country are los- and the House amendment would un- can’t let that happen. ing their job. For their sake and for fairly limit the ability of DC officials The second example I want to share those who are clinging to their jobs, to combat this problem. involves a small manufacturer located let’s stand up to the Chinese and Japa- Congress should respect the public in western Michigan. nese governments and stand up for our safety efforts of this city’s leaders and Peter Perez is the president of Carter working families. let the District decide what firearm Products Company located in Grand Mr. KENNEDY. Mr. President, as this regulations are best for its citizens. I Rapids. He is also the national presi- bill now moves to conference with the urge my colleagues to oppose this reck- dent of the Wood Machinery Manufac- House, I strongly urge our Senate con- less, special-interest amendment that turers of America. ferees to reject an unfortunate amend- will endanger the safety of all who live Carter Products employs 15 people ment adopted by the House prohibiting or work or visit here. and holds numerous patents—one of the allocation of any funds for the Dis- Ms. SNOWE. Mr. President, I rise which belongs to this small piece of trict of Columbia to enforce its fire- today, along with my colleagues Sen- equipment—the Carter Stabilizer arms registration law and its require- ators THUNE and COLLINS, in support of Guide. ment for DC residents to keep their an amendment to the Transportation, It is used to support a band saw blade firearms unloaded and disassembled, or Treasury and Housing and Urban De- in such a way as to allow for a wood bound by a trigger lock. In effect, the velopment appropriations bill. I would worker to make nearly any type of an- House amendment would repeal the DC like to commend the managers on both gled cut. Government’s longstanding ban on fire- sides of the aisle for their efforts to Shortly after introducing the Sta- arms and would be a disastrous blow to shepherd along this extremely vital bilizer—the product, its installation in- gun safety in the District. For almost legislation to passage in the Senate.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.068 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11647 They have shown a great eagerness to families and help communities across elderly households. The operating fund work with Senators to improve the the country pursue growth that devel- helps these residents by making money overall legislation, and have done so in ops poor communities without pushing available for building maintenance, a sincerely bipartisan way that is so out the poor themselves. utilities, and the salaries of Public rarely seen in the Senate nowadays. Let me talk about how each of these Housing Authority employees. And the This amendment will offer some programs supports communities of capital fund is a critical tool for main- small measure of protection to employ- hope and opportunity. taining housing infrastructure. It helps ees at our flight service stations scat- The Community Development Block local housing authorities modernize, tered across the country. In Bangor, Grant, CDBG, program makes it pos- rehabilitate or replace aging units, ME, our flight service station, highly sible for our communities to improve thereby assuring that families live in skilled workers decipher flight plans their infrastructure, develop new busi- safe homes. and help pilots navigate the tricky nesses, provide important social serv- Communities and families across my summer fog of coastal Maine and the ices, and rehabilitate homes—all of State, and indeed across the country, constantly changing winter weather. which translates into expanded oppor- depend on these programs to help them As many of you know, our Nation’s tunity for people. move forward. As housing stock and in- flight service stations have been con- This year, Illinois will receive more frastructure continues to age, and tracted to Lockheed-Martin. While than $196 million in CDBG funds. The voucher waiting lists continue to grow, some may dispute the wisdom of such a State-level CDBG program alone has we cannot afford to take money away decision, I do not come to the floor to invested more than $33 million in from the working class folks who need discuss that issue. I do, however, wish projects around the State. As a result, it most. I urge my colleagues to sup- to prevent unforeseen and serious dam- 66,000 of my constituents received import this amendment. age to the financial future of many of proved water, sanitary and storm Mr. GRAHAM. Mr. President, I am our employees who have so diligently water systems; small businesses were expressing my support of an amend- and skillfully protected our pilots and assisted in creating or retaining more ment to provide additional funding for aviators for so many years. than 1,000 jobs; and 313 homes in 27 the Community Development Block Hundreds of flight service station communities were rehabilitated to ad- Grants, CDBG, Program. employees who are years, months, or in dress health and safety issues. I share the concerns of many of my some cases weeks away from a well-de- Cities throughout Illinois also lever- colleagues that some government pro- served retirement would be, if not pro- age CDBG funds for 2,500 affordable grams are overreaching and duplica- tected, stripped of their Federal pen- housing units, economic development tive. I remain committed to goals of sions and benefits as the stations are in 70 communities, job training and limiting the size and scope of the Fed- transferred over to Lockheed-Martin. placement for nearly 900 low-income eral Government, but as we fulfill this The aerospace company has operated in residents, and health care services for mission, Congress must work to ensure good faith, there can be no disputing more than 235,000 people. that we continue to support programs that, but many of these individuals And beyond being good policy, these that truly serve the needs of our con- have been counting the days until their programs are fiscally responsible. For stituents. retirement, complete with the Federal the State-level CDBG program, every CDBG grants have benefited almost benefits they have so rightly earned. dollar invested in Illinois infrastruc- 130,000 people in South Carolina alone. To take those away from them, with ture and housing yielded over three ad- Further, over ten thousand jobs have but a few weeks to spare, is quite obvi- ditional dollars in other private or pub- been created through CDBG projects. ously cruel and uncalled for. lic investment. That translates into The CDBG program is one of HUD’s This amendment would allow those $109 million in additional dollars for most successful programs. It should be workers who are eligible for retirement communities across Illinois. If only all held up as an example of local commu- in 2 years or less to remain on the Fed- government investments could yield nities, coordinating with their state, to eral Aviation Administration’s payroll, that kind of return. using Federal dollars to foster growth to retire at the end of those 2 years, The other economic development and encourage citizen participation. and receive the Federal retirement programs this amendment would pro- In listening to community leaders benefits they have worked so long to tect are funding for the Section 8 across the state of South Carolina, the earn. This cost will be offset by reduc- Voucher Program and the Public Hous- CDBG program gives them flexibility ing the payout of the contract to Lock- ing Operating and Capital Funds. These to execute plans that accurately ad- heed-Martin. For years, pilots have been clamoring two programs form the foundation of dress their situational needs, which in for better technology in our flight serv- housing support in this country for turn pay great dividends for the com- ice stations, and Lockheed will do an low-income individuals and families. munity. To put it simply, the CDBG excellent job providing that. What will Over a million households in Illinois program works and I am a proud to be be missing will be the local knowledge spend more than 30 percent of their in- an original cosponsor of this amend- and eyes on the ground that those same come on rent. The Section 8 program ment. pilots have come to rely on. This addresses this problem by making more Mr. KOHL. Mr. President, we are amendment, in its own small way, at- than 76,000 Housing Choice Vouchers staring at an approaching disaster. tempts to honor those individuals who available to Illinois residents each Again, we face a disaster that will have proven so reliable over the years. year. But that still leaves 56,000 house- largely affect the poor, underprivi- I urge my colleagues to support this holds in Illinois on Section 8 waiting leged, elderly, and handicapped. Again, very simple amendment, and would lists, and the lists are getting longer. it is a disaster that will threaten lives like to thank Senators COLLINS, THUNE, Families waiting on Section 8 vouchers and drive people into bankruptcy. But JOHNSON, SANTORUM, and SPECTER for are either paying too much of their in- this time Congress can take action to their steadfast efforts on this amend- come on housing—and too little on avoid this disaster. The question is will ment as well. food and healthcare—or they are join- we act? Mr. OBAMA. Mr. President, I am ing the ranks of the more than 8 per- Today the approaching disaster is proud to cosponsor the amendment cent of Illinoisans who have experi- not a hurricane but high energy prices. that Senators LEAHY, COLEMAN, SAR- enced homelessness at some point in Estimates are that the costs of heating BANES, GRAHAM and REED have offered their lives. This situation is unaccept- the average home with natural gas will to protect funding for three programs able, and this amendment begins to ad- skyrocket 70 percent over last year in critical to working families and low-in- dress it. the Midwest. This is on top of the dou- come communities: the Community The amendment also shores up fund- ble-digit increases between 2003 and Development Block Grant, the Section ing for the Public Housing Operating 2004. Utility companies in the State of 8 Voucher Program, and the Public and Capital Funds. Millions of Ameri- Wisconsin believe that the homeowners Housing Operating and Capital Funds. cans call public housing ‘‘home,’’ and will face heating bills in my State that These programs expand opportunities more than 62 percent of public housing are 40 percent higher than last year. to home ownership for working class residents are families with children or For working families, these dramatic

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.064 S20OCPT1 S11648 CONGRESSIONAL RECORD — SENATE October 20, 2005 increases come on top of several usual, expenditures will be signifi- The Earned Income Tax Credit, EITC, months of increasing prices at the gas cantly higher. is a refundable Federal income tax pump. Millions of families who simply need credit that is of great benefit to low-in- These high prices will force many to to heat their homes are going to face come working individuals and families. make difficult choices about how to prices they cannot afford. They will Many taxpayers who earn the EITC re- spend their money, which bills to pay, choose between medicine, food, and ceive their tax refunds through preda- and which to avoid. For many, the warmth. It is a tough choice to make. tory RALs. The excessive interest rates thermostat will be turned down to dan- The National Energy Assistance Direc- and fees charged on RALs are not justi- gerous levels, prescriptions will go un- tors’ Association, NEADA, just found fied because of the short duration of filled, and groceries will not be bought. that 32 percent of families sacrificed these loans and the minimal risk of re- For many elderly folks, the choice to medical care; 24 percent failed to make payment that they present. The IRS stay warm will be dangerous, even a rent or mortgage payment; and 20 Debt Indicator program further reduces fatal. Many disabled Americans will percent went without food for at least risk by assuring RAL lenders that the endanger their own health in an effort a day. taxpayer’s refund be issued and thus to keep their bills low. We must act now. the loan will be repaid. The EITC was The Federal Low-Income Home Heat- Just 2 weeks ago, I offered a bipar- diminished by an estimated $1.75 bil- ing Assistance, or LIHEAP, can help tisan amendment with more than 20 co- lion in 1999. I am concerned about the make some of these choices easier. sponsors to fully fund the LIHEAP pro- aggressive marketing of RALs in low- LIHEAP is an extremely effective program at $5.1 billion. The amendment income neighborhoods where EITC re- gram that allows low-income people had support from across the country. It cipients often live. These loans take around the country to avoid being de- was endorsed by community groups, money away from the day-to-day needs linquent on their heating bills. The Governors, and national organizations, of lower-income families. problem is that there has not been a such as the AARP, which knows rising RALs carry little risk because the significant increase in the funding of energy prices are especially tough on Debt Indicator program informs the this program for many years, and now seniors living on a fixed income. And lender whether or not an applicant the rising prices have made the current the amount of funding we are seeking owes Federal, State taxes, child support, student loans, or other govern- funding levels unacceptably low. In is equal to the amount authorized in ment obligations. This service assists past years LIHEAP has only been able the Energy bill the President has the tax preparer in ascertaining appli- to help roughly 17 percent of the eligi- signed into law. That amendment got cant ability to obtain their full refund. ble households, but now with rapidly 50 votes, enough to win, but in the end In 1995, the use of the debt indicator rising prices the $2 billion in funding it was defeated on procedural grounds. Senators REED, COLLINS, KENNEDY, was suspended because of massive fraud will not even be able to meet that myself and others are back again this in e-filed returns with RALs. This sus- level. week offering the amendment to the Adding $3.1 billion to LIHEAP will pension caused RAL participation to Transportation appropriations bill. I decline. RAL prices were expected go allow us to head off this impending ca- understand that the leadership can down as a result of the reinstatement tastrophe. I have voted for this amend- block this amendment procedurally of the debt indicator in 1999. However, ment before, and I am glad to have the like they did before. I hope they do not. this has not occurred. The debt indi- opportunity to support it again today. It is bipartisan. It is not our preference cator should once again be stopped. This money is absolutely necessary to to attach it to the Transportation ap- The IRS should not be facilitating keep my constituents safe and warm propriations bill, but it is our only op- these predatory loans that allow tax through the long Wisconsin winter. tion for now. preparers to reap outrageous profits by Without this money more working I do not want this issue to be polit- exploiting working families. class people in my State will face high ical. And so it bothered me when I read H & R Block Chief Executive Officer utility bills this winter and utility this week that the White House, which Frank L. Salizzoni remarked, upon the shutoffs come spring. Until Congress has opposed more funding for LIHEAP, reinstatement of the debt indicator, and the administration can figure out is worried not about high energy prices that it ‘‘is good news for many of our some way to bring energy prices down, but about the politics of high energy clients who opt to receive the amount relieving the pressure on low-income prices. To the White House this is a po- of their refund through RALs. The IRS Americans should be a top priority. litical problem—not a problem for program will likely result in substan- Mr. KERRY. Mr. President, families working families, seniors, the disabled, tially lower fees for this service.’’ This all over this country are going to pay and millions of others who will need has not happened. According to the Na- more to heat their homes this winter help during this cold winter. A Repub- tional Consumer Law Center’s report than they ever have before. The aver- lican strategist who works closely with entitled, ‘‘Corporate Welfare for the age heating bill may climb more than the White House has reportedly called RAL Industry: The Debt Indicator, IRS $600, and that comes on top of a record winter heating costs ‘‘a sleeper issue.’’ Subsidy, and Tax Fraud,’’ prices for increase last winter. This is going to be Well, it is time the White House wakes RALs dipped in 2000, but since then one of the most expensive winters on up. have gone up beyond pre-debt indicator record. I urge my colleagues to vote in favor levels. The report also points out that Last week, the Energy Information of the bipartisan Reed-Collins-Kerry the ‘‘main effect of the debt indicator Administration, EIA, released its amendment and ensure the total $5.1 appears to be, not in lowering RAL Short-Term Energy Outlook. The re- billion in emergency funding is avail- fees, but in higher RAL profits.’’ port shows that families—particularly able for LIHEAP. The NCLC report also indicates that low-income families and seniors—are Mr. AKAKA. Mr. President, I origi- the reinstatement of the debt indicator facing an increasingly more expensive nally filed an amendment that would ‘‘generates more fraud related to heating season. According to the EIA, prohibit the use of funds within this RALs, which the IRS must spend en- this winter, residential space-heating appropriations bill for the Debt Indi- forcement dollars to address.’’ expenditures are projected to increase cator program. The Debt Indicator pro- The debt indicator serves only to fa- for all fuel types compared to last year. gram is an acknowledgment from the cilitate the exploitation of taxpayers. On average, households heating pri- Internal Revenue Service, IRS, to tax The reinstatement of the debt indi- marily with natural gas are expected preparers stating whether the tax- cator has not helped consumers to ac- to spend about $350—48 percent—more payer’s refund will be paid or inter- cess cheaper RALs nor has it reduced this winter in fuel expenditures. House- cepted for Government debts. I con- RAL related fraud. If the debt indi- holds heating primarily with heating tinue to be outraged that the IRS pro- cator is removed, then the loans be- oil are expected to pay $378—32 per- vides the service of the Debt Indicator come riskier and the tax preparers may cent—more this winter. Households program to predatory refund anticipa- not aggressively market them among heating primarily with propane can ex- tion loan, RAL, originators while cut- EITC filers. The IRS should not be aid- pect to pay $325—30 percent—more this ting essential services to low-income ing efforts that take the earned bene- winter. If our weather is colder than taxpayers. fits away from low-income families.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.061 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11649 RALs are extremely short term loans electronically filed tax returns for any checks following reinstatement of the debt that unnecessarily diminish the EITC. claims against a taxpayer’s refund. The debt indicator. There are alternatives to speeding up indicator informs the preparer whether a The debt indicator also had similar effects on the volume of electronically-filed returns refunds such as filing electronically or taxpayer’s full refund amount will be paid and not offset by other obligations collect- in general. The IRS reported there were 14 having the refund directly deposited ible by the federal government, such as prior million e-filed returns in 1994, but only 12 into a bank or credit union account. tax debt, child support arrears, or delinquent million in 1995. H&R Block reported that its Using these methods, taxpayers can re- student loan debt. e-filed returns declined 22 percent in 1995. ceive their returns in about 7 to 10 days When the IRS first provided the debt indi- This decrease reflects the close link between without paying the high fees associated cator in the early 1990s, it was called the ‘‘di- e-filed returns and RALs that existed in the with RALs. rect deposit indicator.’’ In 1994, the IRS ter- mid-1990s. minated the debt indicator due to concerns When the IRS reinstated the debt indi- Instead of offering my amendment to cator, it publicly acknowledged that it ex- prevent the use of funds for the DI, I over massive fraud in e-filed returns that involved refund anticipation loans (RALs). The pected the program to produce 2 million chose to modify my amendment to elimination of the debt indicator elicited more e-filed returns than if it were not rein- have the Internal Revenue Service, ‘‘screams of rage’’ by the RAL industry. In stated. With the close link between e-filing along with the National Taxpayer Ad- addition to cutting into their profits, the and RALs, the IRS surely must have been vocate, study the use of the debt indi- RAL industry claimed there would be mul- aware that there would be a corresponding cator, the debt collection offset prac- titudes of disappointed clients who could not increase in the number of RALs. Indeed, get their RALs. Two of the four major RAL RAL issuers predicted that the reinstate- tice, and recommendations that could ment of the debt indicator would increase reduce the amount of time required to lenders, Mellon Bank and Greenwood Trust, stopped making RALs and left the market. RAL demand by 50 percent. These pre- deliver tax refunds. In addition, the re- Over the next few years, the RAL industry dictions proved correct, as Block alone near- port shall study whether the debt indi- pressed for reinstatement of the debt indi- ly doubled its RAL volume and made 2 mil- cator facilitates the use of RALs, cator. Then, in 1998, Congress imposed a goal lion more loans (and thus e-filed returns) in evaluate alternatives to RALs, and exon the IRS to have 80 percent of returns elec- 2000. Thus, much of the expected increase in amine the feasibility of debit cards tronically filed. Not coincidentally, a year e-filed returns was actually an increase in the number of RALs. being used to distribute refunds. later, the IRS announced it was re-instating the Debt Indicator. However, note that the C. THE DEBT INDICATOR AND RAL APPROVAL I look forward to reviewing the re- RATES: THE IRS SECURITY BLANKET sults of the study. I welcome the oppor- Congressional 80 percent e-file goal is not mandatory, but merely exhortatory, in that The debt indicator promotes RALs by as- tunity to work with the Internal Rev- the statutory language actually states ‘‘it suring lenders that the taxpayer’s refund enue Service, the National Taxpayer should be the goal of the Internal Revenue will be issued and thus the loan will be re- Advocate, and my colleagues to reduce Service to have at least 80 percent of all such paid. For the pre–1995 debt indicator, if the the use of RALs and to expand access returns filed electronically by the year 2007.’’ indicator came back showing there was no to alternative methods of obtaining The first year of the reinstatement of the federal offset, there was an over 99 percent timely tax refunds. I want to thank debt indicator was a pilot. Subsequently, the chance the IRS would issue the refund. At IRS decided to make the debt indicator per- that time, the approval rate for RALs was 92 Senator BOND and Senator MURRAY for percent—and all but 0.5 percent of loan deni- working with me to incorporate this manent and provide it for all e-filed returns, not just returns associated with a RAL ap- als were turned down based on the debt indi- language into the legislation and hope plication. cator. As one IRS employee stated, the debt it will be maintained in the conference indicator was a ‘‘federally supplied security B. THE DEBT INDICATOR INCREASES RAL VOLUME report through conference negotiations blanket’’ and ‘‘we were doing their credit The debt indicator has had a dramatic ef- check for them.’’ with the other body. fect on the volume of RALs and electroni- I ask unanimous consent to print the The elimination of the debt indicator in cally filed returns. In 1994, prior to the elimi- 1995 significantly lowered RAL approval above-referenced report in the RECORD. nation of the debt indicator, the number of rates. The approval rate for Beneficial There being no objection, the mate- RALs had risen to 9.5 million. After the ter- (which became Household) dropped from 92 rial was ordered to be printed in the mination of the debt indicator, RAL volume percent to 78 percent. This 78 percent rate in- RECORD, as follows: dropped and by 1999, the number of RALs had cludes partial approvals; the approval rate [From the National Consumer Law Center, fallen to 6 million. When the debt indicator for a RAL of the taxpayer’s full refund was June, 2005] was reinstated effective the 2000 tax season, only 40–50 percent. Banc One’s approval rate the number of RALs rose sharply to 10.8 mil- for RALs also dropped by 25–30 percent. Even CORPORATE WELFARE FOR THE RAL INDUSTRY: lion. The number of RALs continued to in- with the decrease in approval rates, Bene- THE DEBT INDICATOR, IRS SUBSIDY, AND crease to 12.1 million in 2001 and 12.7 million ficial ended up with significant losses on TAX FRAUD in 2002. RALs in 1995. (BY CHI CHI WU) Data from individual companies in the With the reinstatement of the debt indi- EXECUTIVE SUMMARY RAL industry showed similar trends. In 1994, cator, RAL approval rates appear to be back the nation’s largest commercial preparation around 90 percent. Thus, the debt indicator The debt indicator is an acknowledgement chain, H&R Block, processed 5.5 million RAL helps increase RAL approval rates and RAL from the IRS telling tax preparers whether a applications. After the debt indicator was profits. Of course, this service is not without taxpayer’s refund will be paid versus inter- eliminated, that number dropped to less than its cost. One question is how much does it cepted for government debts. The debt indi- half, 2.35 million in 1995. By 1999, that num- cost IRS to provide the debt indicator? While cator has proven to be a substantial benefit ber was at 2.8 million. When the debt indi- we do not have definitive information, note to the refund anticipation loan (RAL) indus- cator was reinstated, RAL volume rose to 4.8 that in 1994, the IRS suggested imposing a try, as it about doubles the number of RALs million for Block. fee for the debt indicator of $8 per return. made by the industry. The debt indicator has helped boost RAL (In millions) D. REINSTATEMENT OF THE DEBT INDICATOR HAS profitability. The IRS terminated the debt NOT LOWERED RAL FEES H&R Block The existence of the debt indicator has had indicator in 1994 due to RAL fraud, and the Year Overall # of # of RAL price of RALs rose significantly, from $29–$35 RALs applications an impact on RAL fees as well, although in to $29–$89. The IRS reinstated the debt indi- the end it appears to be more of a profit- 1994 ...... 9.5 5.5 ability boost for RAL lenders. Prior to the cator in 1999 partly to lower RAL prices. 1995 ...... NA 2.3 RAL prices dipped for a year in 2000, but 1996 ...... 2.4 elimination of the debt indicator, the loan have gone back up to pre-indicator levels. 1997 ...... 2.6 fee for RALs was approximately $29 to $35. 1998 ...... 2.4 The largest RAL lender, Beneficial, charged Meanwhile, the amount of RAL fraud has 1999 ...... 6 2.8 multiplied since the debt indicator was rein- 2000 ...... 10.8 4.8 a flat fee of $29 per RAL. Bank One charged stated. 2001 ...... 12.1 4.5 a flat fee of $31, while the lender for Jackson 2002 ...... 12.7 5.2 The debt indicator raises significant pri- Hewitt charged $29 to $35. vacy issues. It is unclear whether taxpayers After the debt indicator was eliminated, Other industry player reported similar realize they are allowing the IRS to provide RAL fees jumped dramatically. Beneficial trends. In 1994, all but 10,630 of the returns sensitive personal information to tax pre- began using a tiered fee structure, with fees prepared by Jackson Hewitt were associated parers about debts owed to the federal gov- of $29 to $89, depending on the size of the with RALs. After the debt indicator was ernment, such as child support and student loan. Banc One began charging $41 to $69 and dropped, the number of returns without loan debts. Jackson Hewitt charged $69 to $100. By 1999, RALs at Jackson Hewitt rose to 138,000 by Beneficial loans made through H&R Block A. HISTORY OF THE DEBT INDICATOR late February 1995. RAL lender Santa Bar- cost $40 to $90. The debt indicator is a service provided by bara Bank & Trust reported a sharp increase One of the benefits that the IRS and indus- the Internal Revenue Service that screens in loans versus non-loan refund anticipation try touted for reinstating the debt indicator

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.066 S20OCPT1 S11650 CONGRESSIONAL RECORD — SENATE October 20, 2005 was lower RAL fees. In fact, lower RAL fees formation. Section 6103 of the IRS Code fraud because of its role in supporting RALs, constituted one of four measures by which states that all ‘‘[r]eturn and return informa- whose quick turnaround period makes fraud the success of the pilot program for rein- tion shall be confidential’’ and shall not be detection difficult. statement was to be judged. The IRS Assist- disclosed. ‘‘Return information’’ is broadly The elimination of the debt indicator ant Commissioner for Electronic Tax Admin- defined and includes the taxpayer’s ‘‘nature, seems to have had its intended effect. Ac- istration, Bob Barr, threatened to end the source, or amount of his . . . liabilities . . .’’ cording to the Assistant Attorney General in debt indicator if RAL prices did not de- Therefore, information as to whether a tax- charge of the Tax Division at the Depart- crease. Industry expressed its agreement payer is subject to a refund offset would be ment of Justice, eliminating the debt indi- that fees would decrease, with one RAL information about the nature or amount of a cator, along with other fraud prevention issuer claimed that its fees would be reduced taxpayer’s liabilities. measures, successfully reduced the number 30 to 40 percent. It would seem that the information dis- of fraudulent claims. When the debt indicator was reinstated, closed by the IRS to a RAL provider would When IRS reinstated the debt indicator in RAL fees did go down. However, this de- constitute a violation of the IRS privacy 1999, it attempted to address the fraud issue crease turned out to be temporary. For ex- statute, unless there is an exemption. One by requiring tax preparers to institute fraud ample, RAL fees at H&R Block and House- possible exemption would be the provision prevention measures. The first year of the hold Bank dropped for one year, but then that allows the IRS to disclose return infor- debt indicator was termed a pilot, and only shot back to pre-Debt Indicator levels. After mation with a taxpayer’s consent. However, certain tax preparers who entered into the IRS reinstated the debt indicator, House- the IRS regulations set forth clear and defi- hold and Block’s fees went from $40-$90 to memoranda of agreement with the IRS were nite requirements for such consent, includ- eligible to receive the debt indicator. As a $20-$60 for the 2000 tax season. Both the IRS ing that the consent be set forth in a sepa- and industry touted this decrease in RAL condition of the agreement, tax preparers rate written document pertaining to the dis- were required to actively screen returns for fees. However, fees went back up in 2001, closure, and that the document reference the with Block/Household charging $30 to $87— potential fraud and abuse, using measure particular data item of return information such as requiring two valid forms of identi- close to the fees charged prior to reinstate- to be disclosed. ment of the debt indicator. fication and verifying questionable W–2s. A document that conceivably grants such However, after the 2000 tax season, the debt Also, part of the decrease in RAL fees in consent is IRS Form 8453, which is used to 2000 occurred because Block offered a ‘‘no indicator is no longer a pilot and is provided authenticate an e-filed return. Yet the con- to all taxpayers who e-file. Thus, it is un- fee’’ RAL in six markets, including entire sent to disclose information in Form 8453 is state of California. However, Block and Ben- clear whether these fraud prevention meas- not a separate, stand-alone document per- ures are still mandatory. eficial appear not to have offered this ‘‘no taining solely to the disclosure. Further- Whether or not these fraud prevention fee RAL’’ after the 2000 tax season. One rea- more, the consent is buried in small print in- measures are in effect, fraud is still a signifi- son was probably that the ‘‘no fee RAL’’ pro- adequate to clearly inform taxpayers that cant issue with respect to RALs. Gary Bell, gram was subject of a lawsuit for deception they are permitting the IRS to disclose per- Director of the IRS Criminal Investigation by a competitor. sonal financial information to their tax pre- RAL fees never went down again after 2001, Division’s Refund Crimes Unit, noted that parers about whether they owe a child sup- but RAL profits have increased. The increase currently 80 percent of fraudulent e-filed report or student loan debt. in RAL fees from 2000 to 2001 for H&R Block/ turns are tied to a RAL or other refund fi- Another exemption allows the IRS to send Beneficial resulted in Block’s RAL revenues nancial product. Furthermore, fraud appears an acknowledgement to an e-file provider increasing by 49 percent from 2000 to 2001. to have increased since the debt indicator without the need for a stand-alone consent Most of the revenue increase appears to be was reinstated. Bell noted that e-file fraud form, along with ‘‘such other information as the result of the higher RAL fees, because had increased by more than 1,400 percent the [IRS] determines is necessary to the op- per-RAL-revenue rose by 43.9 percent, while since 1999 (when the debt indicator was rein- eration of the electronic filing program.’’ Be- sales volume only increased by 2.7 percent. stated), and that approximately 1 in every cause RALs increase the number of e-filed Thus, the main effect of the debt indicator 1,200 e-filed returns was phony, compared returns, the IRS may argue that this lan- appears to be, not in lowering RAL fees, but with a rate of about 1 in every 5,000 four guage permits it to send the debt indicator in higher RAL profits. If the reinstatement years ago. in the e-file acknowledgement (as it cur- of the debt indicator had really lowered RAL The Treasury Department’s Financial fees back to pre–1995 prices, a RAL would rently does) without a stand-alone consent form. However, while it increases the num- Crimes Enforcement Network (FinCEN) has only cost a flat fee of $37.53 or $45.91 in 2005 raised similar concerns about the role of (the equivalent of $29 or $35 in 1994 adjusted ber of e-filed returns, that is not a factor that is ‘‘necessary’’ to the operation of the e- RALs in promoting tax fraud. FinCEN issued for inflation). Instead, they currently cost a warning to banks in August 2004, regarding about $35 to $115, with Block and its lending file program. Even if IRS can legally provide the debt in- RAL fraud. In this report, FinCEN also noted partner charging a fee of $100 for RALs for dicator, there still remain significant pri- that RAL fraud had multiplied between 2000 the average refund of slightly over $2,000. vacy issues regarding the program. With the and 2003. FinCEN noted that ‘‘To make this These fees translate into effective annual indebt indicator, the IRS is providing an indi- type of loan appealing to the public, funds terest rates (APR) ranging from about 40 cator that communicates personal and po- are made immediately available, leaving lit- percent to over 700 percent. tentially embarrassing financial tax infor- tle time for the lender to perform due dili- (In dollars) mation to the tax preparer. Indeed, when the gence to prevent fraud.’’ As one commen- tator noted, the IRS has a fraud detection RAL Price—Ben- IRS proposed requiring a similar indicator RAL price—Bank RAL Price— on tax returns filed through the Free File system, but ‘‘it may take the IRS three or Year eficial/Household One Jackson Hewitt & Block Alliance, commercial preparers objected more weeks to process the return, especially strongly, citing privacy concerns. National in the peak of the spring filing season. Mean- 1994 ...... $29 ...... $31 ...... $29 to 35 while, the RAL lenders have processed the 1995 ...... 29 to 89 ...... 41 to 69 ...... 69 to 100 Taxpayer Advocate Nina Olson noted iron- 1996 ...... 29 to 89. ically ‘‘These businesses already rely heavily loan within a couple of days of the return 1997 ...... 40 to 90. on returns flagged with an indicator to tell being filed, the money is in the hands of the 1998 ...... 40 to 90. bad guys, and they can disappear without a 1999 ...... 40 to 90 ...... 49 to 80 them that this return has other outstanding 2000 ...... 20 to 60. refund offsets’’ and ‘‘Let’s use the same ar- trace, ....’’ 2001 ...... 30 to 87. gument to say the debt indicator should be G. CONCLUSION 2002 ...... 30 to 90 ...... 34 to 87. 2003 ...... 30 to 90 ...... 34 to 89 ...... 34 to 89 eliminated.’’ As it did in 1994, the IRS should terminate 2004 ...... 30 to 100 ...... 34 to 89 ...... 29 to 94 (& 5 Given the lack of prominence of the con- the debt indicator. The program represents a for EITC) sent in Form 8453, it is unclear whether most 2005 ...... 30 to 110 ...... 34 to 99 ...... 29 to 99 (& 5 form of corporate welfare and government for EITC) taxpayers actually realize they are giving subsidy of an industry already rolling in permission for IRS to reveal the presence of profits from making usurious loans to low- It appears the debt indicator is an IRS sub- government debts to their preparer. It is income taxpayers. It has increased profits sidy that increases profits for the RAL in- even unclear whether they know about the for the RAL industry, while resulting in no dustry. The debt indicator has made each indebt indicator itself or understand what it is. permanent price decreases for consumers. dividual RAL more profitable, encouraging F. RE-EMERGENCE OF FRAUD Not only does the RAL industry siphon off RAL lenders to aggressively promote RALs The debt indicator represents an IRS sub- hundreds of millions of tax dollars by skim- and increase RAL volume. sidy in another respect, that is, in the ming the Earned Income Tax Credit from E. PRIVACY ISSUES amount of fraud it promotes and the tax- working poor families, the IRS abets this In addition to being a taxpayer-funded sub- payer dollars spent combating that fraud. As drain and makes it more profitable by con- sidy to the RAL industry, the debt indicator discussed above, the IRS dropped the debt in- ducting part of the RAL lenders’ credit program raises significant privacy concerns. dicator in 1994 due to concerns over mount- checks using taxpayer-funded resources. Fur- In fact, the IRS may be violating its own pri- ing fraud in refund claims. IRS data had in- thermore, the debt indicator represents even vacy law in providing the service to tax predicated that 92 percent of fraudulent returns more of a subsidy, in that it generates more parers. The IRS Code contains broad and filed electronically involved RALs. It was be- fraud related to RALs, which the IRS must strong privacy protections for taxpayer in- lieved that the debt indicator led to tax spend enforcement dollars to address.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.057 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11651 Mr. DODD. Mr President, I speak on tions at home. At a time when we are the two most critical election reforms, the subject of full funding for the pay- spending billions of dollars to ensure the voting system standards and the ments to State governments in order the spread of democracy across the Statewide voter registration lists in to comply with the requirements man- globe, we must ensure the primary time for the 2006 congressional elec- dated on January 1, 2006, under the right to vote for all eligible voters, re- tions. Help America Vote Act of 2002, HAVA. gardless of race, ethnicity, age, dis- No civil right is more fundamental to On October 16, 2002, over 3 years ago, ability, or resources. the vitality and endurance of a democ- the Senate overwhelmingly adopted For the first time in our Nation’s his- racy of the people, by the people, and the conference report for this bipar- tory, Congress acknowledged the re- for the people, than the people’s right tisan landmark legislation by a vote of sponsibility of the Federal Government to vote. HAVA has been acknowledged 98–2. The House of Representatives to provide leadership and funding to as the ‘‘first civil rights law of the 21st adopted the conference report by a vote States and local governments in the century.’’ Full funding of HAVA enjoys of 357–48 on October 10, 2002. President administration of Federal elections. the support of a broad coalition of or- Bush signed HAVA into law on Oct. 29, First, Congress codified the Federal ganizations representing the civil 2002. At the White House signing cere- role in HAVA by entering into a part- rights communities, voting rights mony, surrounded by a bipartisan nership with States to restore the groups, disabilities groups, and State group of congressional members, Presi- public’s confidence in the final results and local governments, spearheaded by dent Bush said in a brief speech: of Federal elections and to ensure that the Leadership Conference on Civil When problems arise in the administration every eligible American had an equal Rights and the National Association of of elections, we have a responsibility to fix opportunity to cast a vote and have Secretaries of State. them. . . . Every registered voter deserves to that vote counted. Next, Congress re- I am grateful to LCCR and NASS for have confidence that the system is fair and quired States to conduct Federal elec- their consistent leadership in ensuring elections are honest, that every vote is re- tions according to minimum Federal that Congress fulfills our commitment corded and that the rules are consistently requirements for voting system stand- to fully fund the HAVA reforms. I ap- applied. The legislation I sign today will add ards, provisional balloting and State- to the nation’s confidence. plaud the nonpartisan work of the wide voter registration lists, including LCCR/NASS Coalition and look for- I agree with the President. We must new requirements to prevent voter ward to continuing to work with them follow the American tradition of fixing fraud. Finally, Congress refused to im- to see this commitment come to fru- problems that occur in our national pose unfunded mandate on States and ition. elections system. HAVA began a new authorize nearly $4 billion in payments The organizations have submitted a era in election law—one where the Fed- to States over 3 fiscal years to letter, dated October 20, 2005, in sup- eral Government works with State and implememt the HAVA requirements port of full funding in the amount of local governments, in conjunction with and disability access grants and serv- $727 million for HAVA implementation civil rights, voting rights and dis- ices. in fiscal year 2006. The letter, and I ability organizations, to conduct fair, January 1, 2006, is the effective date quote, states that: free and transparent elections in our for two of the most important Federal The states and localities need the remain- Nation. HAVA is our colective promise requirements mandated by HAVA: the to the American people to fix the prob- ing authorized funding to implement the re- voluntary voting system standards and quirements of HAVA and the federal EAC lems in our Federal elections. After the the Statewide computerized voter reg- needs to be fully funded to carry out its re- 2000 November elections, Americans istration list. Both requirements are sponsibilities as well. recognized that real election reform expected to make it easier to vote and I ask unanimous consent that the changes must be made to ensure the in- harder to cheat by providing an equal letter be printed in the RECORD fol- tegrity and security of our democracy. opportunity for every eligible voter to lowing my remarks. Congress made a commitment to the cast a vote and have that vote counted, The PRESIDING OFFICER. Without States, and to the voters of this Na- as well as providing important anti- objection, it is so ordered. tion, that we would be a full partner in fraud requirements to protect and pre- (See exhibit 1) the conduct of Federal elections. Con- serve the integrity of our decentralized Mr. DODD. If we fail to honor com- gress accomplished much with the pas- elections systems. In order to comply mitment now and only appropriate par- sage of HAVA; but two years later in with HAVA, States must timely imple- tial funding, we may jeopardize the the November 2004 general election, ment both requirements, which are ex- ability of the States to implement some voters faced both old barriers to pected to cost millions in both Federal these historic and comprehensive elec- ballot access that HAVA promised to dollars for the 95 percent portion and tion reforms. We will also miss an op- remove and new ones. We can do better State dollars for the 5 percent portion portunity to ensure the integrity and and we must do better. Full funding of of the expenditures. security of Federal elections and the HAVA will ensure America does better To date, the President’s budget, for confidence of the American people in in conducting Federal elections by en- the second year in a row, while pro- the final results of those elections. suring both ballot access and ballot in- viding millions in funding for demo- While I will not offer an amendment tegrity. cratic elections in foreign countries, today to provide for this additional Building democracy and freedom for such as Afghanistan and Iraq, assumes funding, I am serving notice that as every American must begin at home in no funding for requirements or dis- the States proceed to complete imple- the United States. In the wake of the ability access payments to the States. mentation of the HAVA requirements, October 15, 2005 province-by-province Congress also failed to fully fund I will continue to monitor this situa- election on the Constitution in Iraq, it HAVA 2 years in a row. HAVA is under- tion and as the needs of the States be- is critical that Americans take stock funded by a total of $822 million. In ad- come more clear, I will come back to of our own decentralized elections sys- dition to the $600 million authorized in my colleagues for prompt action to en- tems. In light of the continuing bar- fiscal year 2005, but not appropriated sure that the States do not face an un- riers and irregularities that Americans Congress underfunded HAVA by $222 funded mandate. faced at polling places across this Na- million over the last 3 fiscal years, tion in 2004, we cannot fail to fully from fiscal year 2003 to fiscal year 2005. EXHIBIT 1 fund HAVA to fix these problems. Our As a result, HAVA currently has a MAKE ELECTION REFORM A REALITY—FULLY ability to successfully do so goes di- total funding shortfall of $822 million FUND THE HELP AMERICA VOTE ACT rectly to ensuring the integrity of elec- in federal funds, $727 million for elec- OCTOBER 20, 2005. tions and ensuring the confidence of tion administration requirements and DEAR SENATORS: We, the undersigned orga- the American people in the final re- nizations, urge you to support full funding $95 million for disability grant pay- for the Help America Vote Act of 2002 sults of those elections. America’s abil- ments. (HAVA) and include $727 million in the ity to promote free societies abroad is The absence of the $727 million for re- Transportation, Treasury, Housing and inextricably linked to our ability to quirements payments will likely im- Urban Development, the Judiciary, the Dis- expand and secure transparent elec- pede the Statewide implementation of trict of Columbia, and Independent Agencies

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.044 S20OCPT1 S11652 CONGRESSIONAL RECORD — SENATE October 20, 2005 Appropriations Act of 2006. This figure rep- Americans for Democratic Action consent that a copy of the letter be resents the authorized HAVA funds for fed- APIA Vote printed in the RECORD. eral requirements that remain unappropri- Asian American Justice Center There being no objection, the mate- ated. Asian American Legal Defense and Edu- rial was ordered to be printed in the HAVA, which passed with overwhelming cation Fund bipartisan support, includes an important Common Cause RECORD, as follows: list of reforms that states must implement FairVote—The Center for Voting and De- CONGRESS OF THE UNITED STATES, for federal elections. State and local govern- mocracy Washington, DC, August 2, 2005. ments have been working on such reforms as Lawyers’ Committee for Civil Rights President GEORGE W. BUSH, improving disability access to polling places, Under Law The White House, updating voting equipment, implementing Leadership Conference on Civil Rights Washington, DC. new provisional balloting procedures, devel- League of Women Voters of the United DEAR PRESIDENT BUSH: We write to urge oping and implementing a new statewide States you to place al-Manar, the official television voter registration database system, training Mexican American Legal Defense and Edu- station of Hezbollah on the Treasury Depart- poll workers and educating voters on new cational Fund ment’s Specially Designated Global Ter- procedures and new equipment. National Association for the Advancement rorist Entity list (SDGT) and to aggressively To help state and local governments pay of Colored People target the organizations that aid in its for these reforms, HAVA authorized $3.9 bil- National Council of La Raza broadcast. Hezbollah, a known terrorist or- lion over three fiscal years. To date, Con- National Disability Rights Network ganization, funds al-Manar, calling it a ‘sta- gress has generously appropriated $3 billion National Federation of the Blind tion of resistance.’ Viewed via satellite between FY03 and FY04. Unfortunately, National Voting Rights Institute throughout the Muslim world, al-Manar promotes suicide attacks against American and while HAVA authorized funding for states Project Vote Israeli targets and encourages Iraqi insur- for FY05, none was appropriated. The states The Arc of the United States United Cerebral Palsy gents to attack U.S. troops. and localities need the remaining authorized Al-Manar is a mouthpiece of hatred and vi- funding to implement the requirements of United Church of Christ, Justice and Wit- ness Ministries olence. In addition, the station broadcasts HAVA, and the federal EAC needs to be fully programs that spread anti-Semitic material, USAction funded to carry out its responsibilities as perpetuating myths about Jewish history, well. Mr. NELSON of Florida. Today the which resulted in the station’s recent ban States and localities are laboring to imple- Senate adopted unanimously the Nel- from French airwaves. This is not a media ment the requirements of HAVA based on a son-Smith amendment which puts the outlet sharing the news; it is a propaganda federal commitment that HAVA would not Senate on record supporting the place- tool used by a terrorist organization to be an unfunded mandate. State officials have ment of al-Manar on the Specially Des- spread its message of violence and hatred. incorporated the federal amounts Congress ignated Global Terrorist list. Al-Manar We welcome your December 2004 decision promised when developing their HAVA im- to place al-Manar on the Terror Exclusion plementation budgets and plans. Without the is a global satellite television oper- List (TEL), which allows the U.S. Govern- full federal funding, state and local govern- ation dedicated to broadcasting inflam- ment to deport or deny admission to aliens ments will encounter serious fiscal shortfalls matory and radical Islamic propa- involved with al-Manar’s support or endorse- and will not be able to afford complete im- ganda. ment of terrorist activities. But further ac- plementation of important HAVA mandates. Al-Manar, a television station funded knowledgment of al-Manar’s role in spread- According to a state survey, lack of federal by Hezbollah, promotes hatred, anti- ing violence and hatred is warranted and funding for HAVA implementation will re- Semitism, and glorifies suicide bomb- should be shown through its placement on sult in many states scaling back their voter the SDGT list. This step would allow the and poll worker education initiatives and on ing. The actions of this network are U.S. government to sanction foreign banks voting equipment purchase plans, both of truly appalling and frightening. and freeze the financial assets of individuals which are vital components to making every Viewed via satellite throughout the or organizations that associate with the sta- vote count in America. Muslim world, al-Manar promotes sui- tion. This would cause many telecommuni- We are thankful that you have seen the cide attacks against American and cations corporations and financial institu- importance of funding the work of the Elec- Israeli targets and encourages Iraqi in- tions to reconsider their decision to work tion Assistance Commission in FY06. States, surgents to attack U.S. troops. It in- with al-Manar. localities and civic organizations look for- The United States must use all available ward to the work products from the EAC cludes particularly shocking children’s means to stop the transmission of al-Manar’s that will aid them in their implementation programming, aimed at shaping the be- programs. Placing al-Manar and the Leba- of HAVA i.e., the voting system standards, liefs and values of the next generation nese Communications Group S.A.L., its par- the statewide database guidance, and the of Muslim youth. ent company, on the SDGT will send a clear studies on provisional voting, voter edu- The station broadcasts programs message that the United States is serious cation, poll worker training, and voter fraud that spread anti-Semitic material, per- about confronting any organization that sup- and voter intimidation. petuating myths about Jewish history, ports the violence carried out by terrorist groups. We thank you for your support of funding which resulted in the station’s recent for the Help America Vote Act, and we look We strongly support the global war on ter- forward to working with you on this critical ban from French airwaves. This is not rorism and continuing efforts to stop terror- issue. Should you have any questions, please a media outlet sharing the news; it is a ists wherever they may be. Stopping al- contact Leslie Reynolds of the National As- propaganda tool used by a terrorist or- Manar’s broadcast of hatred and violence is sociation of Secretaries of State or Rob ganization to spread its message of vio- an integral part of the global war on ter- Randhava of the Leadership Conference on lence and hatred. rorism. Thank you for your time and consid- Civil Rights, or any of the individual organi- The U.S. Government placed al- eration. We look forward to your response. Sincerely, zations listed below. Manar on the Terror Exclusion List Sincerely, Gordon Smith, Evan Bayh, John F. which prevents persons associated with Kerry, Mark Dayton, Mitch McConnell, Organizations Representing State and Local the channel from traveling to the U.S. Election Officials Richard Durbin, Wayne Allard, Frank There is a much stricter list, the Spe- Lautenberg, Charles Schumer, Bill Nel- Council of State Governments son, Hillary Rodham Clinton, George Election Center cially Designated Global Terrorist list, International Association of Clerks, Re- which allows much harsher penalties, Allen, Jon Kyl, Conrad Burns, Ron corders, Election Officials and Treasurers including financial sanctions against Wyden, Byron L. Dorgan, Norm Cole- National Association of Counties individuals, groups, and banks that do man, Mel Martinez, Dianne Feinstein, John Corzine, Russell D. Feingold, Joe National Association of County Recorders, business with al-Manar. So far, the Election Officials and Clerks Lieberman, Ben Nelson, Barack National Association of Latino Elected and Government has not placed al-Manar Obama, Barbara Boxer, Deborah Appointed Officials (NALEO) Educational on this list. Stabenow, Olympia Snowe, Herb Kohl, Fund The case is clear and obvious: al- Barbara A. Mikulski, David Vitter, Ken National Association of Secretaries of Manar is supporting and promoting Salazar, Jack Reed, Lisa Murkowski, State terrorism. This warrants placement on Richard Shelby, Tim Johnson, Arlen National Conference of State Legislatures the list of Specially Designated Global Specter, Johnny Isakson, Tom Coburn, Civil and Disability Rights Organizations Terrorists. Susan Collins, Sam Brownback, John Ensign, James M. Talent, Jeff Sessions, Alliance for Retired Americans In August, 51 Senators sent a letter American Association of People with Dis- Orrin Hatch, Rick Santorum, Kent abilities to the President, urging him to place Conrad, Mary L. Landrieu, Daniel K. American Federation of Labor—Congress al-Manar on the Specially Designated Akaka, Chuck E. Grassley, Jeff Binga- of Industrial Organizations Global Terrorist list. I ask unanimous man, Saxby Chambliss.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.045 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11653 Mr. NELSON of Florida. Today, the NOT VOTING—6 ward to coming back with perhaps an entire Senate is on record. This amend- Baucus Inouye Schumer even better process and a good product. ment affirms the Senate’s concerns Corzine McCain Sununu f over the free dissemination of radical The bill (H.R. 3058), as amended, was MORNING BUSINESS and violent ideology and calls on the passed. administration to add al-Manar to the (The bill will be printed in a future Mr. BOND. I ask unanimous consent Specially Designated Global Terrorist edition of the RECORD.) that there now be a period for morning list. Mr. BOND. Mr. President, I move to business with Senators permitted to Mr. BOND. Mr. President, are there reconsider the vote. speak for up to 10 minutes each. any others? I believe we have now cov- Mrs. MURRAY. I move to lay that The PRESIDING OFFICER. Without ered all of the amendments we have motion on the table. objection, it is so ordered. agreed to accept. I think it is time to The motion to lay on the table was The Senator from Iowa. go to third reading, and I ask for the agreed to. Mr. GRASSLEY. I ask unanimous yeas and nays on final passage. Mr. BOND. I ask unanimous consent consent to speak for roughly 15 min- The PRESIDING OFFICER. Is there a that the Senate insist upon its amend- utes instead of the 10 minutes. sufficient second? ment, request a conference with the The PRESIDING OFFICER. Is there There appears to be a sufficient sec- House, and the Chair be authorized to objection? ond. appoint conferees. Without objection, it is so ordered. The question is on the engrossment The PRESIDING OFFICER. Without f objection, it is so ordered. of the amendments and third reading of BUDGET RECONCILIATION the bill. Mrs. MURRAY. Mr. President, I wanted to take a minute, as we finish Mr. GRASSLEY. Mr. President, be- The amendments were ordered to be cause I am chairman of the Senate Fi- engrossed and the bill to be read a this bill, to again thank my colleague from Missouri for his tremendous work nance Committee and we have jurisdic- third time. tion over taxes, I want to respond to The bill was read the third time. on this bill. I know he has been under personal duress today and had a late some of the comments that have been The PRESIDING OFFICER. The bill night last night, but his team won de- made over the last 2 or 3 days, both on having been read the third time, the spite what it appears to be. I think he the floor as well as in news con- question is, Shall the bill, as amended, has done a tremendous job and I wish ferences, by the Senate Democratic pass? to thank him. leadership on the reconciliation tax re- The yeas and nays have been ordered. I also wish to thank all of the major- lief bill that will be before Congress The clerk will call the roll. ity staff, John Kamarck Paul Doerrer, sometime between now and Thanks- Mr. MCCONNELL. The following Sen- Cheh Kim, Lula Edwards, Josh Manley, giving. Quite frankly, it is necessary to ators were necessarily absent: The Sen- and Matt McCardle for their help in pass because if we do not, then taxes ator from Arizona (Mr. MCCAIN) and working with us for many months are automatically going to go up with- the Senator from New Hampshire (Mr. along the way, and also our minority out a vote of Congress. It is not nec- SUNUNU). staff, Peter Rogoff, Kate Hallahan, essarily the biggest tax increase that Mr. DURBIN. I announce that the Diana Hamilton, Bill Simpson, Congress has ever voted but a very siz- Senator from Montana (Mr. BAUCUS), Meaghan McCarthy, as well as my per- able tax increase. the Senator from New Jersey (Mr. sonal staff, especially Casey Sixkiller. Obviously, if we are going to increase CORZINE), the Senator from Hawaii (Mr. I also want to thank all of the floor taxes, it ought to be done by a vote of INOUYE); and the Senator from New staff who have been diligent in working the Congress and not done automati- York (Mr. SCHUMER) are necessarily ab- with us as we have moved this bill cally. So we have to take action before sent. through and again thanks to my col- we adjourn this fall, and that is what The PRESIDING OFFICER. Are there league from Missouri for his tremen- the reconciliation tax relief bill is all any other Senators in the Chamber de- dous work on this bill. about. siring to vote? Mr. BOND. I continue to be grateful It is quite obvious from these news The result was announced—yeas 93, for the cooperation of the Senator from conferences that the Democrats have nays 1, as follows: Washington and her staff. I was going been having, in statements on the [Rollcall Vote No. 264 Leg.] to go down the list of the staff mem- floor, that they do not seem to under- YEAS—93 bers on both sides. I will incorporate by stand that this is going to happen, and Akaka Dole Lugar reference and say once again our staff if it does happen, it is going to hurt Alexander Domenici Martinez worked very well together. This is the middle income taxpayers as well as Allard Dorgan McConnell first time anybody had dealt with a lower income taxpayers. Allen Durbin Mikulski Bennett Ensign Murkowski TTHUD bill. It has many interesting In press reports for several weeks Biden Enzi Murray moving parts, and some of them move now, the distinguished Democratic Bingaman Feingold Nelson (FL) in different directions at the same leader suggested that we cease all ef- Bond Feinstein Nelson (NE) forts to address expiring tax relief pro- Boxer Frist Obama time. We could not have done it with- Brownback Graham Pryor out the tremendous assistance of all of visions. The senior Senator from Ne- Bunning Grassley Reed the staff, plus the floor staff. vada stated as follows: I think we need Burns Gregg Reid I want to say a special thanks to to revisit this budget and reconcili- Burr Hagel Roberts Byrd Harkin Rockefeller Lula Davis, Dave Schiappa, and all the ation. Is it really the time to have $70 Cantwell Hatch Salazar people in front here for their unfailing billion more in tax cuts? Carper Hutchison Santorum willingness to sit and help us through Well, we are not going to have $70 bil- Chafee Inhofe Sarbanes lion more in tax cuts if we pass this Chambliss Isakson Sessions all of these things. This was more ex- Clinton Jeffords Shelby citing than I wanted it to be, and their reconciliation tax relief package. We Coburn Johnson Smith help enabled us to get through. are going to continue the tax policy we Cochran Kennedy Snowe We would also like to put in a special have had for the last several years, and Coleman Kerry Specter Collins Kohl Stabenow thanks to Mike Solon in the Whip’s of- if we do not pass it, we are going to Conrad Kyl Stevens fice for helping us work on a number of have a $70 billion tax increase, and that Cornyn Landrieu Talent things and both the Appropriations is what inaction is going to bring Craig Lautenberg Thomas Committee leaders, Chairman COCHRAN about. I see the Senator suggesting Crapo Leahy Thune Dayton Levin Vitter and Senator BYRD. Also, the majority that that happen. I am going to say DeMint Lieberman Voinovich leader and minority leader were a great why that is bad not only for taxpayers, DeWine Lincoln Warner help. but that is bad for the economy of our Dodd Lott Wyden So we are most grateful, and we are country. NAYS—1 delighted to be out of the way now, and Then we also had the assistant Bayh we will go to conference. We look for- Democratic leader, the senior Senator

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.086 S20OCPT1 S11654 CONGRESSIONAL RECORD — SENATE October 20, 2005 from Illinois, likewise attack the no- the appropriations bills and the tax mittee in the Congress, I have a re- tion of tax relief. This very afternoon, bills and everything else have to fit sponsibility for all of the legislation the ranking Democratic member of the into that budget resolution. that affects Medicaid, Medicare, Social Budget Committee, the senior Senator Under the Senate rules, then, a bill Security, the income tax code. The from North Dakota, attacked the idea that exceeds the levels set in the budg- budget resolution we passed earlier of further tax relief. et resolution could possibly be, and this year provides reconciliation in- Those words again. They want people often is, subject to a 60-vote point of structions for my committee to to believe that we are going to cut order; in other words, taking 60 votes achieve $150 billion in program savings. taxes further, but if we do not take ac- to go beyond the budget, which is very And by the way, we finally have a tion, taxes are going up, not down. If difficult to get in this body. That is package put together that will do this, we pass a bill, they are going to stay why you get a lot more fiscal discipline a package that I believe we will be able where they have been for the last sev- with a budget resolution. By imposing to vote out of committee next Tuesday. eral years. this supermajority requirement, the We have set our committee there so we Clearly, this line of attack is being budget encourages the Senate to stay will meet our savings on the expendi- coordinated by the leadership team on within the overall limits we set in our ture side—we will meet those goals. the other side of the aisle. As is usual resolution while at the same time pro- Of course, then the other part of my with the question of tax relief, the East viding opportunities to exceed those work is the $70 billion of tax relief that Coast media tend to be echoing the line limits if there are extenuating cir- is not a tax reduction but maintaining of attack from the leadership of the op- cumstances. the existing level of taxation. position. Chairman JUDD GREGG of the Budget While these instructions from the Yesterday, October 19, the Demo- Committee has used this tool of a point Budget Committee—or you might say cratic leadership held a press con- of order to keep spending under con- now it is policy, by the full Senate—do ference to criticize further tax relief ef- trol. On this appropriation bill that not actually require the Finance Com- forts. The purpose of the press con- was just completed after 2 or 3 days’ mittee to enact any specific policy, ference was opposition to Republicans’ work, that has proved effective, in there are numbers and policies that are attempt to spend billions on tax breaks three or four instances, to keep a lot of assumed within the numbers that the for special interests while cutting additional spending from happening— Senate has given me. Today, I will health care, student loans, and other spending that, if we just had a simple focus on the tax relief portion of the crucial assistance through their— majority without a budget resolution, budget. After all, that is where the at- meaning Republicans—immoral budg- could possibly not have been prevented. tacks have come from the Democratic By the way, despite all the posturing et. leadership through their news con- about fiscal responsibility coming from Now, understand, morality is brought ferences and statements here on the the Democratic side, I am still waiting into this. That kind of incendiary lan- floor of the Senate. for spending cuts, ideas on how we can guage is what makes folks outside of Start with a basic number. When the save money on expenditures, coming the Washington Beltway angry. Not Senate Budget Committee considered from the other side. I have asked my only is it patently false, it is also over the resolution over a half year ago this colleagues on the other side of the aisle the top. Anybody with an ounce of year, Republicans laid out a plan to over the years to put their money common sense knows it. reconcile tax relief—in other words, to where their mouth is. The Finance Immoral? Give me a break. What is keep the taxes from automatically Committee that I chair produced $180 immoral is wasting taxpayer money to going up, not to cut taxes from where billion in revenue raisers and got $135 gin up this kind of partisan ‘‘attack they are today. This plan was the prod- billion of that enacted. So we have pro- dog’’ language because it diverts legis- uct of discussion with members of the duced on the revenue side. I am going lative resources from what this Con- to be showing with that chart here in Republican caucus. Although the proc- gress needs to be doing and that is just a little bit where we have also had ess was driven by Republican members, solving problems. other tremendous advantages from the the substance of the proposal is bipar- I have heard from my friend and tax policy of the last 4 years. But tisan. Our objective, then as now, is to ranking member, Senator BAUCUS, that where are the critics, then, who seem preserve current law levels of tax re- the Democratic leadership may now be to always want to raise revenue? Where lief. The plan centers on a seamless ex- supporting an extension of some of are they when there is an opportunity tension of tax relief provisions that these provisions that they seem to be to come up with ideas to save money began in President Bush’s first term, in attacking at the same time. Be that as on the spending side of the ledger? 2001. It is critical that these provisions it may, we have to look at a lot of I have always said it would be one be rationalized with a common sunset other things besides the largely busi- thing to raise taxes, and I might be date. Assuring taxpayers of the con- ness tax relief that is included in what willing to consider doing that if I could tinuity of promised tax relief should be we call extenders, extending from one ever come to the conclusion that you our highest priority. Predictability of year to the next or the next several could raise taxes high enough to sat- tax policy, in other words, is essential years things that automatically expire, isfy the appetite of a lot of big spenders to a vibrant, growing economy. Tax- that if we do not extend them, taxes go in this Congress to spend money. If I payers should not face the reversal of up rather than staying level. would ever see a limit, I might be will- the level of tax relief we have deliv- I want to put all this debate in con- ing to settle for something if that was ered. It is going to have terrible eco- text, because until now, what I have the end of it. But you never have the nomic consequences if we do. set in motion here is what is coming end, it seems. You never have enough Let me repeat. Reconciliation is from the other side so you have a con- revenue for the people who want to about preventing automatic tax in- text for the points I wish to make. spend money. creases, it is not about new tax relief First off, let’s take a look at the Budget reconciliation, as has been proposals. Democratic leadership’s point on the the point of the news conference I al- Some on the other side have been budget. Why is the budget important, ready referred to, is often the subject critical of the $70 billion in reconciled some people ought to ask and legiti- of much controversy. So I would like to tax relief from the day we passed the mately ask. The budget—we call it the take a moment and focus on the rec- budget resolution. Where, let me ask, budget resolution—is a blueprint or onciliation bill my committee is going is the Democrat leadership’s plan for kind of an outline that sets the overall to have to consider between now and tax relief? Or do they propose that we level of spending and the revenue of the adjournment in order to retain the start taxing middle-income Americans Federal Government. The budget, then, present level of taxation. If we do not by letting these things sunset and have sets the ground rules for all the other take action, which is what the Demo- an automatic increase in taxes? Has spending and revenue legislation that crats are asking us not to do, taxes are anyone seen a Democratic proposal for will be considered by the Senate over going to go up. maintaining existing tax policy so we the course of a year. So we pass the As chairman of this tax writing com- do not have an automatic tax increase? budget resolution in the spring, and all mittee that we call the Finance Com- All we seem to hear, based upon these

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.103 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11655 news conferences and statements, hap- As a percentage of the economy, People are saying here we have to in- pens to be criticism. How many times which is known as the gross domestic crease taxes, whether it is automati- have we heard about the alternative product, Federal receipts are up to cally or whether you vote them. You minimum tax or what we call AMT? We about 17.5 percent of GDP. The histor- don’t have to do that. You can see we heard about it plenty of times. We even ical average is right about 18 percent. are projecting a very good income com- heard incorrect assertions that this When I say historical average, I mean ing into the Federal Treasury just budget does not address alternative over a period of time from the late when there is a slight increase in eco- minimum tax problems. 1950s until today averaging about 18 nomic growth of our country as re- Guess what. The reconciliation bill percent of taxes coming into the Fed- flected in what we call the gross do- has room for extending the current eral Government as a share of the gross mestic product. patch, or ‘‘hold harmless’’ for millions domestic product. So we are getting Some people here have it backwards. of families who, if we do nothing, are back to historical averages, but you They think Federal revenue drives the going to face the alternative minimum wouldn’t know that by listening to economy. It is almost as though they tax. These are not the wealthy people some of the alarmist claims for more believe raising taxes will lead to more that the alternative minimum tax was revenue that you hear in speeches on growth. Growing economic activity, as intended to hit. These are going to be the floor of this Senate. shown by this chart, is fueling the good 5 million more middle-income tax-pay- Where is the extra money coming news on the receipt side of the Federal ing people who presently are not hit by from? It is coming across-the-board. A budget. In this environment, it is a it. So where is the Democratic leader- good chunk of it is coming from non- wonderment why the Democratic lead- ship plan for AMT relief? When they withheld income taxes, and that would ership would want to send such a nega- say we ought to rethink this budget be from capital gains dividends, higher tive message to the financial markets. resolution, are they saying we are than expected small business income. Why does the Democratic leadership going to tax these 5 million people who No one should be surprised by these de- want to raise capital gains tax by 33 have not been hit by this by doing velopments. They are consistent with percent and double the tax on divi- nothing between now and the end of economic and fiscal history. The bot- dends? In these uncertain times, why the year? Where is the response for the tom line is that when the economy would the Democratic leadership want current period? I have been looking for grows, the Federal Treasury benefits as to drive a stake in the heart of this it. I can’t find it, from the other side. growing economy, not only a growing All we are hearing is another excuse to well. That is shown very clearly on this economy but a more vastly growing make the American taxpayers second- chart. Over 40 years, up until now—and class citizens. In this case, spending for amount of money coming into the Fed- beyond that, guessing what the econ- the hurricane might be the excuse. eral Treasury? A cynical person might feel that the There always seems to be a reason to omy might do for another 10 years—we Democratic leadership is only looking deny tax relief or automatically in- see the green line here, the gross do- at political gain by driving down our crease taxes on middle-income Ameri- mestic product, the measure of it on a cans. yearly average. That is the green line. economy. I can’t believe my friends in Likewise, there always seems to be It is fairly constant, not so erratic. the Democratic leadership would want an excuse for dodging spending re- The revenues coming in are the red to cause economic pain for short-term straint. Let taxes go up automatically, lines. That tends to be much more dra- political gain. But with all these don’t do anything to reduce spending. matically different from year to year speeches that are going on around here In short, it seems that the Democratic than what the GDP measurement is. and all these news conferences about leadership cares more about spending You can see here, going back 40 years, rethinking the budget, you have to taxpayers’ money than keeping the tax when the GDP goes down, you have a wonder, don’t you? burden low. The American taxpayer very dramatic drop in taxes coming To sum up on my first point, the tax- has done his or her part. Receipts are into the Federal Treasury. payer is not the problem. The taxpayer way ahead of last year—way ahead of When they go up, you have a much is sending plenty of money to Wash- where even we predicted they would be. more dramatic increase in taxes com- ington, DC by $274 billion more in 2005 According to Treasury data, receipts ing into the Federal Treasury. You can over 2004 with these lower levels of tax- last year were $1.880 billion. This year, see that several times—quite a drop ation we have. The revenue side of the receipts are $2.154 billion. So this is an here in the gross domestic product but budget is coming in fine, way beyond increase of $274 billion coming in this a very dramatic drop in income coming expectation. year, more than last year without in- in. I will turn to the specific plan we are creasing taxes, with no rates of tax in- More recently, we had the Clinton re- going to present to the Senate when we crease. cession that we inherited, plus 9/11. So have this reconciled tax package out Even taking into consideration that you find a dip in the gross domestic here. level of taxation, in a news conference product here, but, boy, you see a very Again, this is a tax relief plan ex- the Democratic leadership said we dramatic drop in the income coming in pressed in these news conferences that ought to rethink our tax policy. Ac- at this point. the Democratic leadership wants to cording to the Congressional Budget We passed the tax bill of 2001, and we kill. The reconciliation instruction Office—and I might refer to that occa- passed the tax bill of 2003. You know gives us the resources to maintain cur- sionally as CBO—the CBO receipts are that Greenspan said the growth in the rent law tax relief. Put another way, up for this fiscal year alone by $97 bil- economy is very related to those tax the reconciliation instructions to my lion over what CBO guessed they would reductions we had at that particular committee are our best means to pro- be earlier this year—$97 billion more time. You can see that we have a rise tect against tax hikes on millions of coming in than the official estimators since then in the gross domestic prod- American taxpayers. said just a few months ago would be uct. You have a rise in income. But Let us take a look at the tax in- coming in. this chart was made before we had creases the Democratic leadership Whichever figure you might use, ei- some more recent figures. would put on the American people by ther that $274 billion more coming in in This red line, the point right here, inaction by this Congress—an auto- 2005 than in 2004 or the $97 billion more would be about right here, reflecting matic tax increase. That is the Christ- that is coming in, more than the CBO that $274 billion more coming in in 2005 mas present we would be giving the estimated, this is very definitely an over 2004. You see a little rise in the taxpayers, if we adjourn by Thanks- impressive improvement on the rev- gross domestic product, a very dra- giving. What a Christmas present. enue side of the budget. That amount matic rise for the most recent figures First and foremost, the tax relief exceeds the amount of reconciled tax at this point here instead of this point plan continues to hold harmless for the relief over 5 years by $70 billion that here—a more dramatic rise in the in- alternative minimum tax. This piece of we provided in this budget resolution come coming into the Federal Treasury the plan—the largest, I might add—is that will be the subject of legislation from our taxes because there was a lit- worth $30 billion to 14 million Amer- on this floor in the next 4 weeks. tle bit of an increase in the economy. ican families.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.104 S20OCPT1 S11656 CONGRESSIONAL RECORD — SENATE October 20, 2005 Does the Democratic leadership want In the Midwest, farmers—and I am World Series. In four consecutive play- to push millions of middle-income fam- one of them—have a saying: Don’t eat off games this year, White Sox pitchers ilies into the alternative minimum your seed corn. Keep planting seed threw complete games, a record not tax? If the answer is no, then they corn. That makes the economy strong. matched since the 1956 Yankees. ought to support our reconciliation The tax relief seeds we planted a few Speaking of outstanding pitchers, I bill. years ago are yielding, as you can see congratulate my colleague, Senator Second, the plan extends the here, a good harvest of revenue to the progrowth piece of the 2003 tax relief BARACK OBAMA. He threw out the open- Federal Treasury. ing pitch in game 2 of the playoffs. Be- bill, specifically lower capital gains What it comes down to is this: We fore that pitch, the White Sox were and dividend rates. need to take care of legislative busi- trailing the Angels one game to noth- As the Finance Committee hearing ness. We need to continue the tax relief ing. But after Senator OBAMA’s blazing showed earlier this year, we got testi- promised to the American people and pitch, the Sox came back to win four mony about how these incentives have not let it expire, not let there be an games in a row and clinch the Amer- helped the stock market recover. A lot automatic tax increase. If there is ican League pennant. Rumor has it of folks on Wall Street tell us they going to be an automatic tax increase, that if the going gets rough in the have assumed continuation of these it ought to be voted by Congress. We progrowth tax relief measures in the ought to have guts enough to increase World Series, the Sox are going to turn pricing of stocks. Does the Democrat the taxes. to BARACK OBAMA if they need a strong leadership want to play games with But we are better off with a plan that southpaw. stock prices? If the answer is no, then stops this automatic tax increase. The White Sox players will be among the they ought to support our reconcili- revenue side of the budget is per- first to tell you: The upcoming World ation bill. forming fine, as you can see here. The Series is not just a tribute to their out- A third point: Other widely applica- American taxpayer is doing his or her standing performance. This historic ble tax relief benefits are addressed in share by the tune of $274 billion more event is a tribute to great White Sox our bill. I am talking about these mid- coming in this year, 2005, over 2004. players of the past who came so close dle-income tax benefits we already Now is not the time to shortchange the only to fall short. They include Ozzie have on the books that would expire. American taxpayers by raising their Guillen, who is now the White Sox The deductibility of college tuition, tax burden, particularly on middle-in- manager, and, of course, Frank Thom- the small savers tax credit, the small come taxpayers. business expensing—all of these provi- as, their injured star—both White Sox I ask my friends in the Democratic stalwarts in the 1980s and 1990s. sions are bipartisan. Millions of tax- leadership to please refrain from rais- payers are already relying on them. Most of all, this historic World Series ing taxes on millions of middle-income Does the Democratic leadership want is a reward to the millions of White Americans. It is simple: Maintain ex- to take away the deductible for college Sox fans who have stood by their team isting levels of taxation. You do that tuition from families who send their year after year, decade after decade, by supporting the reconciliation bill kids to college? Does the Democratic that will be coming before this Con- during seasons of 90-plus wins and 90- leadership want to eliminate the small gress shortly. plus losses. savers credit? Does the Democratic I applaud especially general manager leadership want to take away expens- f Kenny Williams for helping to put this ing of equipment from our small busi- CHICAGO WHITE SOX ADVANCE TO great team together; my personal ness folks and farmers? If the answer is THE WORLD SERIES friends, the owners of the White Sox, no, then they should support our rec- Mr. DURBIN. Mr. President, I rise to Jerry Reinsdorf and Eddie Einhorn, for onciliation bill. speak about a matter of great impor- The fourth example is our plan is their undying commitment to building tance to the people of the State of Illi- going to address expiring business and a championship team on the South nois. For the first time since 1959, the individual provisions that we call ex- Side of Chicago. They orchestrated era of the ‘‘Go-Go Sox,’’ the Chicago tenders because we extend them from strategic moves to bring improved White Sox are headed to the World Se- year to year or maybe 2 or 3 years at a speed, defense, and pitching to the ries. The White Sox will face the Hous- time. But they eventually run out. daily lineup in the form of players such ton Astros, who last night beat the St. These provisions include the research as Scott Podsednik and Jose Contreras Louis Cardinals and clinched the Na- and development tax credit, the State whose outstanding performance com- tional League pennant. We are dis- sales tax deductibility from the Fed- plemented veteran Sox such as Amer- eral income tax, and the deduction of appointed; an I–55 World Series would ican League playoff MVP Paul Konerko teachers’ out-of-pocket expenses. have been great. But the Cards are a and All-Star Game starting pitcher As I noted, the Democratic leader did great team, Tony La Russa is a great Mark Buehrle. not come out and say he would support manager, and they will be back. I didn’t grow up in Chicago, I grew up When spring training opens next taking a look at some of these regular spring, Illinoisans will once again be extenders, but they are a small part of in east St. Louis, but one of the first things I learned about Chicago is that divided between Cubs fans, White Sox the picture. I note that the ranking fans, and Cardinal fans, too. But today, member of the Budget Committee the people of that city are absolutely passionate about baseball. I have also we are all pulling for the White Sox as hasn’t come that direction yet. they fight to bring to Chicago the The Democratic leadership is not learned that Chicagoans don’t ask you which team you love. They want to city’s first baseball World Series cham- singing with one voice on this subset of pionship in 88 years. For Cardinal red expiring provisions. But if we do what know which team you hate—except this time. Today, we are all White Sox and Cubby blue, the choice is black and the Democrats said they wanted to do white. Go Sox. in their news conference, these could fans. As long-time Sox fans are pain- possibly expire. fully aware, the White Sox have not Does the Democratic leadership then won a World Series since 1917. Their f want to eliminate the research and de- three-game sweep in the playoffs velopment tax credit? Does the Demo- against the defending World Series COMMITTEE ON ARMED SERVICES cratic leadership want to eliminate the champion Boston Red Sox was the first EXTENSION sales tax deduction from the Federal step in exorcising the ghost of Shoeless income tax? Does the Democratic lead- Joe Jackson and that controversial Mr. FRIST. Mr. President, I ask ership want to eliminate the deduction 1919 White Sox team that was branded unanimous consent that a letter dated for teachers’ out-of-pocket expenses? If the ‘‘Black Sox.’’ October 20, 2005, from myself to Sen- the answer is no, then they ought to It was clutch hitting and pitching ator STEVENS be printed in the RECORD. help us get this budget tax reconcili- that helped this year’s White Sox beat There being no objection, the mate- ation bill passed. These are all about the Los Angeles Angels of Anaheim, rial was ordered to be printed in the growth of the economy. four games to one, to advance to the RECORD, as follows:

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.106 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11657 U.S. SENATE, will face a decision regarding alcohol I commend The Century Council and OFFICE OF THE MAJORITY LEADER, in the next 3 months. Nickelodeon for giving Hispanic par- Washington, DC, October 20, 2005. In my State of Colorado, the most re- ents and children across the Nation Hon. TED STEVENS, cent data we have available reveals such a valuable communications tool President pro tempore, Washington, DC. that underage drinking is on the rise. to initiate those critically important DEAR TED: At the request of Senator John In 2003, 21 percent of children ages 12 to discussions regarding alcohol. 17 reported having consumed alcohol in Warner, Chairman of the Committee on f Armed Services, and Senator Carl Levin, the past month—an increase of 3 per- Ranking Member of the Committee, and pur- cent from the previous year. LOCAL LAW ENFORCEMENT suant to section 3(b) of Senate Resolution 400 In addition, Colorado’s Youth Risk ENHANCEMENT ACT OF 2005 of the 94th Congress, as amended by Senate Behavior Survey, completed by over 700 Resolution 445 of the 108th Congress, I re- Mr. SMITH. Mr. President, I rise Colorado high school students, found today to speak about the need for hate quest an additional five session days, ending that only 19 percent of students have October 28, 2005, on their behalf, to enable crimes legislation. Each Congress, Sen- the Committee on Armed Services to com- never tried alcohol. Conversely, 29 per- ator KENNEDY and I introduce hate plete its review of S. 1803, the Intelligence cent reported binge drinking, defined crimes legislation that would add new Authorization Act for Fiscal Year 2006. as having consumed five or more alco- categories to current hate crimes law, Sincerely yours, holic drinks on one or more occasions sending a signal that violence of any WILLIAM H. FRIST, M.D., during the 30 days preceding the sur- kind is unacceptable in our society. Majority Leader. vey. Tragically, five college students Likewise, each Congress I have come to f died in Colorado last year due to binge the floor to highlight a separate hate HONORING WILLIAM A. KOCH drinking. crime that has occurred in our coun- As policy makers but more impor- try. Mr. DURBIN. Mr. President, I rise tantly, as parents—these statistics today to honor the late William A. While leaving a bar on March 1, 2004, should alarm us all. As the father of in Morgantown, WV, three men were Koch for his contributions to pre- two teenage daughters, I worry because serving the memory and legacy of attacked, two of whom are gay. Chris- I know alcohol abuse is frequently a topher Barnhart and his friends heard President Abraham Lincoln’s early life. precursor to use and abuse of illegal Mr. Koch was a man of vision, integ- someone use homophobic language to- drugs and other dangerous behavior. ward them. Barnhart was subsequently rity, and generosity. Born in Santa The good news is that parents are the Claus, IN, Mr. Koch worked throughout attacked and knocked to the ground, leading influence on a child’s decision suffering two facial fractures. When his life to establish the Lincoln Boy- not to drink alcohol. It is critical that hood National Memorial in order to se- Barnhart’s friend tried to come to his parents and other trusted adults ini- assistance, he was attacked and suf- cure a place to preserve the legacy of tiate conversations with children about Lincoln’s years in Indiana. fered bruised ribs and a cut ear as a re- underage drinking well in advance of sult. William Koch headed the effort to in- the first time they are faced with a de- corporate the Nancy Hanks State Me- I believe that the Government’s first cision regarding alcohol. duty is to defend its citizens, to defend morial into the National Park Service Earlier this week, my colleagues them against the harms that come out and led a campaign for the passage of a from Congressional Hispanic Caucus of hate. The Local Law Enforcement bill to establish the Lincoln Boyhood teamed up with The Century Council Enhancement Act is a symbol that can National Memorial. Mr. Koch’s efforts and Nickelodeon to cast a spotlight on become substance. I believe that by were so integral to the passage of the underage drinking in the Hispanic passing this legislation and changing bill that he was invited to witness its community. signing by President Kennedy on Feb- We all know that the Hispanic popu- current law, we can change hearts and ruary 19, 1962. lation is growing in the United States. minds as well. Today, visitors from across the coun- In Colorado, Hispanics represent al- f try travel to Indiana where the Visitor most 20 percent of the total population. HONORING OUR ARMED FORCES Center and Living History Farm reveal Because the Hispanic community is a the importance of Lincoln’s Indiana younger community, we have the abil- LARRY W. PANKEY, JR. years in his development from boyhood ity and the obligation to influence the Mr. SALAZAR. Mr. President, I rise to the man he became. Without the lives of these and all children, and to today to remember the life and sac- dedication of William Koch, the preser- prevent them from engaging in dan- rifice of a Coloradan who has made us vation of Lincoln’s early life would gerous activities such as underage all proud: SGT Larry W. Pankey, Jr., have been greatly diminished. Mr. drinking. of Morrison, CO. Sergeant Pankey was Koch is survived by his wife Patricia With the launch of Pregunte, a member of the 467th Engineer Bat- Koch and his children, who now carry Escuche, Aprenda: Los nin˜ os y el alco- talion, U.S. Army Reserve, based out of on his mission. hol no mezclan!, Hispanic parents and Mississippi. I am grateful for the achievements of their middle-school-aged children will Sergeant Pankey died earlier this Mr. William A. Koch and his contribu- have access to critical information on month in support of Operation Iraqi tions to this Nation. Through his re- the negative consequences of underage Freedom. He was only 34. He died serv- lentless dedication, Mr. Koch has drinking. The program is designed to ing this country with courage, self sac- helped preserve the legacy of President reduce underage drinking, particularly rifice and dignity, gifts which we as a Abraham Lincoln for future genera- among children ages 9 to 13. The infor- nation are profoundly grateful to re- tions. mation is useful for parents, other ceive. f trusted adults and kids, and includes Sergeant Pankey is not alone in this strategies to help facilitate conversa- sacrifice. Across Colorado and Amer- PREGUNTE, ESCUCHE, APRENDA tions about the dangers of underage ica, men and women have answered the UNDERAGE DRINKING PROGRAM drinking. call and risen on our behalf. They have Mr. SALAZAR. Mr. President, I rise It was developed in collaboration not done so for glory or recognition, today to highlight the issue of under- with several national Hispanic organi- but because they share the funda- age drinking. The statistics are star- zations, including the League of United mental belief that freedom and liberty tling. According to the National Insti- Latin American Citizens, LULAC, the are worth fighting for. They have come tute on Drug Abuse, on average, chil- Aspira Association, the National from farms and ranches in places like dren first use alcohol around age 12, Latino Children’s Institute, the Na- Colorado’s eastern plains and apart- and research tells us that the majority tional Hispanic Medical Association ment buildings in cities like Denver, of kids are obtaining the alcohol they and MANA, among others, and is a cul- from living rooms and bedrooms and drink from family and friends. Accord- turally and linguistically adapted classrooms across this country. ing to Teenage Research Unlimited, 51 version of their Ask, Listen, Learn: The sons and daughters of America percent of 13- to 15-year-olds say they Kids and Alcohol Don’t Mix program. have stood united to defend our way of

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.049 S20OCPT1 S11658 CONGRESSIONAL RECORD — SENATE October 20, 2005 life and the values that we all share. thought-out national energy policy jeopardy. Our Nation’s schools need The call to a service greater than their that moves us away from our depend- our help to combat this ongoing prob- own self interest has motivated them ence on a finite resource such as oil is lem. To start, we should adequately to risk their lives. All too often, we are the answer, and I regret that we don’t fund Federal grant programs like unable to repay them for the sacrifices have such a policy. To support our en- COPS. COPS hiring grants have been that they make. ergy needs, care for our citizens, en- used to hire more than 6,500 school re- Next month we will recognize Vet- courage a vibrant economy, and meet source officers since 1999. These offi- erans Day. It will be marked by patri- our stewardship responsibilities to fu- cers help ensure a safe environment in otic speeches and parades, a solemn ture generations, we must take a vari- and around our schools and collaborate recognition of those veterans who are ety of steps, including investing in with the school community to more ef- still with us and those servicemembers American ingenuity, advancing our fectively deal with school violence who have been lost. And rightfully so. commitment to conservation, and in- issues. But we should not lose sight of the fact creasing our use of renewable sources We should also support common that every day there are still families of fuel. sense gun storage requirements to grieving and remembering. As we now move from the commit- make it more difficult for children and To Sergeant Pankey’s wife and tee’s reconciliation recommendation to teenagers to access guns and ammuni- daughter in Morrison and his mother in floor debate of the larger budget rec- tion. Recently, I joined with 69 of my Louisiana, and all of the families and onciliation package, I will work to colleagues in voting for an amendment friends left behind in the wake of a sol- make sure that we do not discard the offered by Senator KOHL that would re- dier’s death, we can only offer our legacy of protecting the Arctic Refuge quire licensed dealers, manufacturers, humble thanks on behalf of this Na- that dates back to President Eisen- and importers to include a safe gun tion. We are forever in your debt and hower in 1960. storage or gun safety device with every will always remember the extraor- f handgun they sell. Use of such storage dinary price you have paid on our be- NATIONAL SAFE SCHOOLS WEEK devices could help prevent a child or half by offering up your sons and teenager from acquiring a gun that Mr. LEVIN. Mr. President, October daughters. We will keep you in our they might use to injure or kill an- 16–22 is National Safe Schools Week. thoughts and prayers. other student at school. Hopefully, School violence, or even the threat of With that in mind, I want to end with Senator KOHL’s amendment will be- school violence, in too many of our a quote from the Bible upon which I come law. schools instills fear in our students, sometimes reflect when I am thinking School violence has always posed a and limits their ability to learn. It also about our men and women in uniform. threat to students and teachers, but le- can threaten and intimidate teachers Matthew 5:9 reminds us: ‘‘Blessed are thal and easily concealable guns have and make instruction more difficult. the peacemakers: for they shall be National Safe Schools Week is in- escalated the problem. Gun violence, called the children of God.’’ tended to raise awareness of school not only affects students at a par- Right now across the world, the safety issues and empower students, ticular school, it has a rippling effect members of our Armed Forces like Ser- parents, teachers, and parents to do on students at schools in the same geant Pankey stand watch on our be- what they can to prevent violence in county, State, and in some cases, the half. They are these very peacemakers, their schools. Congress should also do entire country. I urge my colleagues to and their place will always be reserved its part by passing common sense gun join me in supporting efforts to reduce in our hearts. safety legislation and by funding im- the threat of violence, especially gun f portant programs that help to reduce violence, to our schools. ARCTIC REFUGE PROVISIONS IN school violence. f BUDGET RECONCILIATION LEGIS- According to 2003 statistics from the CONTINUED JAPANESE BAN ON LATION Centers for Disease Control and Pre- U.S. BEEF vention, more than 950,000 students Mr. FEINGOLD. Mr. President, last take a weapon to school each month, Mr. BAUCUS. Mr. President, I rise month people from across the country resulting in more than 1,400,000 stu- today to express deep frustration over converged on Washington to send a dents being injured or threatened with Japan’s unwillingness to lift its ban on clear message to Congress in opposi- a weapon during the school year. In ad- U.S. beef. My patience—and the pa- tion to drilling for oil in the Arctic Na- dition, every month, an estimated tience of many of colleagues in this tional Wildlife Refuge. Sadly, yester- 840,000 students feel too unsafe to go to chamber—has run out. The time for day’s action by the Energy and Natural school. This is a problem which left talk and empty promises is over. Resources Committee flies in the face unaddressed will continue to hold chil- I have long been, and remain, a friend of that grassroots movement. And on dren back from reaching their full edu- of Japan. I first visited that country top of this, the committee failed to ac- cational potential. many years ago as a student and was cept commonsense amendments that Statistics cited by the PAX organiza- deeply touched by the kindness ex- would have required that drilling in tion, one of the organizers of National tended to me by the people of Japan. In the Arctic follow the same rules as Safe Schools Week, indicate that in 81 over 30 years in Congress, I have drilling in all other wildlife refuges, in- percent of the school shootings in our worked hard to strengthen our trade sisted that oil taken from the refuge country, the attackers told other stu- and economic ties. I have watched stay in the hands of Americans, and dents of their plans prior to the attack. proudly as the U.S.-Japan economic re- guaranteed what Senators have been Further, students are responsible for lationship has grown and prospered. told all along—that 50 percent of the tipping off school authorities in 93 per- Times have not always been easy. I revenues from leases would go to the cent of the cases where weapons are have engaged closely on U.S.-Japan Federal Treasury, despite public sug- confiscated from students at school. To issues through good times and through gestions by Members of the Alaska del- strengthen this fact, PAX created the periods of great strain. But even in the egation that the State would sue to get Speak Up Campaign. The centerpiece most difficult times, I have made every 90 percent of all revenues. of the campaign is a national hotline, effort to roll up my sleeves and work There is no doubt that as a nation, 1–866–SPEAK-UP, where children and through problems in order to ensure we face tough questions about our en- teenagers can call to anonymously re- that our trade relationship with Japan ergy policy. Sacrificing one of Amer- port threats involving weapons at their works for the people of Montana and ica’s greatest natural treasures, how- school. Since the creation of the hot- the United States. ever, to access a supply of oil that may line in 2002, the Speak Up Campaign By and large, that relationship not last more than a year, wouldn’t be has received more than 7,000 calls works, and it works well. In trade, one available for many years to come, and which were then passed along to appro- of our crowning achievements together would decrease gas prices by only a priate law enforcement officials. has been the construction of a rules- penny at its highest production, is sim- School violence threatens to put our based multilateral trading system— ply not the answer. A responsible, well- children’s safety and ability to learn in first through the General Agreement

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.042 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11659 on Tariffs and Trade, and now through tion Japan for maintaining its ban on several hundred Jews to staff his office, the World Trade Organization. Without U.S. beef. The United States should im- bringing them under the diplomatic Japan’s leadership and cooperation pose sanctions on Japanese products protection of Sweden. Additionally, he during the Tokyo Round, the Uruguay imported into the United States in an created a new official looking Swedish Round, and now in the Doha Round, it amount equal to the losses suffered by passport, known as the ‘‘Schutzpass.’’ would have been difficult—if not im- the U.S. beef and cattle industries. Wallenberg gave the Schutzpass to possible—to craft the important rules This is a blunt instrument. But it ap- thousands of Hungarian Jews and said that govern world trade. pears to be the only recourse left. I will that it granted the holder immunity It is therefore with bitter disappoint- no longer sit by and watch Japan flout from Nazi deportation. The Schutzpass ment that I stand here today on the its international trade obligations be- deceived the Nazis and may have saved Senate floor to draw attention to Ja- hind the smokescreen that it is en- the lives of as many as 20,000 Jews. pan’s failure to play by the rules that gaged in a lengthy ‘‘process’’ to lift the Wallenberg is also known to have it helped to create. Japan has banned ban. rented 32 buildings in Budapest, which U.S. beef from its market since Decem- Sanctioning Japan without resort to he declared to be under the diplomatic ber 2003. That ban—almost 2 years WTO dispute settlement is not ideal. protection of the Swedish Government. old—costs the U.S. cattle and beef in- It’s not how the WTO is supposed to Using his architectural education from dustries hundreds of millions of dollars work. But U.S. beef producers should the University of Michigan, he took each month. That ban puts at risk jobs not be forced to wait the years it would space designed to hold no more than in American ranches. And that ban— take to complete a WTO case. They 5,000 people and turned it into housing with absolutely no basis in science—is have waited long enough. I will not for more than 35,000 Jews. These ‘‘safe unsustainable under international wring my hands over legal niceties houses’’ provided a refuge of last resort for thousands who would have other- trade law. when the livelihoods of ranchers in wise disappeared into Nazi death In the 2 years since the ban was put Montana and across the United States in place, I have traveled to Japan to camps. are at stake. There are numerous stories of meet personally with Japan’s trade and In my experience, the only thing that agriculture ministers to argue for lift- Wallenberg’s courage and heroism will get the Japanese to act is leverage. throughout the last few years of World ing the ban on U.S. beef. I have met And sanctions are leverage. with the Japanese ambassador to press War II. Despite repeated threats and We have been here before. In the late attempts on his life, he persevered and Japan to lift its ban. I have taken sen- 1980s, Japan kept its market almost en- ior officials from Japan and other continued his work to save as many tirely closed to U.S. beef. U.S. beef pro- Jews as possible. Wallenberg is best countries that ban U.S. beef to Mon- ducers were permitted to export only tana, and fed them Montana beef on a known for skillful negotiation and six ounces per Japanese citizen per fearless confrontation of Nazi soldiers Montana ranch, to encourage them to year, a piddling amount. The excuse lift the ban. And I have urged Presi- who threatened the safety of those he then was that Japanese intestines were was working to protect. Tragically, dent Bush, Agriculture Secretary somehow ‘‘different’’ and therefore un- Johanns, U.S. Trade Representative Wallenberg disappeared soon after So- suitable to digesting American beef. viet soldiers took control of Budapest. Portman, and other senior administra- I didn’t accept that ridiculous ex- tion officials to make lifting the Japa- While the circumstances surrounding cuse. Instead, I pushed hard for legisla- Wallenberg’s disappearance are still nese ban on U.S. beef a top priority. tion that would penalize Japanese im- At first, I was encouraged by what unclear, the tens of thousands of Jews ports. Soon thereafter, the Japanese appeared to be steps that Japan was he saved from certain death will never opened their market to U.S. beef. taking to lift this ban. The United forget his brave actions. The Univer- And I don’t accept this excuse. States and Japan even signed an agree- sity of Michigan created the ment in October 2004 to remove the f Wallenberg Medal in 1990 to honor his ban. At that time and since, I was re- THE 15TH ANNUAL WALLENBERG memory and recognize other out- peatedly assured by Japanese officials MEDAL standing humanitarian leaders. Each that, under this agreement, the Japa- year the Wallenberg Medal is presented Mr. LEVIN. Mr. President, last Tues- to an individual who has exhibited ex- nese government would set up a ‘‘sci- day evening, the University of Michi- entific’’ process to determine when and traordinary respect for human rights gan presented Paul Rusesabagina with on behalf of those subjected to persecu- how to resume imports of U.S. beef its 15th Annual Wallenberg Medal. As products. tion. Medal recipients are chosen to my colleagues may remember, Mr. It is now one year later, and still honor their self-sacrifice, integrity, Rusesabagina was the subject of the nothing. Instead, it now looks to me and courage in standing up to an op- like that Japan’s administrative proc- movie ‘‘Hotel Rwanda.’’ pressive majority. Following the pres- The Wallenberg Medal is named for ess has become an exercise of smoke entation, the Wallenberg Medal recipi- University of Michigan alumnus and and mirrors. Japan says the right ent is invited to address an audience of things. But its action—or actually in- humanitarian Raoul Wallenberg. After students, faculty, and members of the action—has been far more telling. receiving his degree in architecture in community regarding their experiences Let me assure my Japanese counter- 1935, he spent time in several jobs in and humanitarian work. Past parts, there is no higher quality, safer, South Africa and Palestine before mov- Wallenberg Medal recipients include or better tasting beef in the world. I ing to Sweden in 1941 to work for a the Dalai Lama, Nobel-laureate and eat it. My family eats it. Japanese visi- Jewish Hungarian businessman named holocaust survivor Elie Wiesel, civil tors to the United States eat it. Japa- Kalman Lauer. Lauer operated an ex- rights leader and Congressman John nese students living in the United port-import firm which did business in Lewis, and other extraordinary hu- States eat it. Many beef eaters around Central Europe, a large portion of manitarians. the world prefer and consume U.S. beef. which took place in Hungary. As the This year’s Wallenberg Medal recipi- Yet, despite scientific proof of the safe- Nazis continued to gain power in Eu- ent Paul Rusesabagina has certainly ty of U.S. beef, there has been no qual- rope, Lauer found it increasingly dif- exhibited qualities worthy of such a ity Montanan or other American beef ficult to travel and turned over control high honor. Rusesabagina was the man- imported into Japan in almost 2 years. of his foreign division to Wallenberg. ager of the Hotel des Mille Collines in I can no longer accept assurances In 1944, Wallenberg was approached by Kigali, Rwanda in 1994 when the assas- from the Japanese government that it the American War Refugee Board to sination of Rwandan President Juvenal will lift the ban. Montana’s ranchers take part in a plan to assist Jews in Habyarimana pushed an already tense have heard enough vague promises dur- Budapest who were in danger of falling situation in the country over the edge. ing the last two years. We’re fed up. victim to the holocaust. Radical ethnic Hutus began rounding The time for idle promises is over. It is Wallenberg agreed to take part in the up and murdering their Tutsi rivals as now time for action. project and was sent to Budapest as a well as other moderate Hutus who did I therefore call upon the United representative of the Swedish Govern- not support their actions. It is esti- States Trade Representative to sanc- ment. In Budapest, Wallenberg hired mated that nearly one million people

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.095 S20OCPT1 S11660 CONGRESSIONAL RECORD — SENATE October 20, 2005 were killed in the violence in only 100 ADDITIONAL STATEMENTS Levi is an inspiration to the next days. generation of Montanans, and today by riding alongside in the streets of Butte, Paul Rusesabagina did not stand by CONGRATULATING HAWAII’S and watch as his countrymen were he will show them that through dedica- NATIONAL SOCCER CHAMPIONS tion and hard work, anything is pos- murdered. As a well-connected Hutu, ∑ Mr. AKAKA. Mr. President, I rise to sible. Rusesabagina was spared persecution. congratulate our National Champion- I am very proud of Levi Leipheimer However, his wife, a Tutsi, and his chil- ship soccer team from Hawaii, the Hon- and all that he has achieved. He has dren were not safe. He moved them olulu Bulls Soccer Club (’88 Girls) team made both myself and the State of from his home to the Hotel des Mille which won the U17–Girls U.S. Club Na- Montana very proud. We look forward Collines where he believed they would tional Cup in Stony Brook, NY, on Au- to watching him compete in the years be safer. As the violence intensified, he gust 8, 2005. In an exciting final match, to come.∑ opened the hotel to hundreds of other the Bulls defeated the Boston Rene- f Rwandans, Hutu and Tutsi alike, who gades, 1–0 at the Stony Brook Soccer IN MEMORY OF CORA GAY were seeking to escape the violence Complex. outside. In the following months, there The Bulls advanced to the national ∑ Mr. CHAMBLISS. Mr. President, I were numerous attempts to force those championship tournament by winning rise today to honor Mrs. Cora Gay, a at the hotel out into the streets of a regional tournament in Las Vegas resident of Albany, GA, who passed Kigali. Each time, Rusesabagina used earlier this year. At the national tour- away on September 25, 2005. Mrs. Gay his international connections through nament, the Bulls earned a spot in the was a devoted wife and mother who the hotel or with the Rwandan mili- championship game by going touched many lives with her positive tary in combination with keen negotia- undefeated in pool play, beating teams and compassionate personality. She tion skills to spare the lives of those he from Georgia and Pennsylvania and married the love of her life, Quincy was caring for. Amazingly, no one who tying with a team from California. Gay, on December 1, 1929, and they took shelter inside the hotel was killed In the final match, the Bulls’ preci- celebrated their 75th anniversary this in the violence. In all, Paul sion game denied the opposing Boston past December. During their marriage, Rusesabagina and the Hotel des Mille team any serious scoring opportuni- they raised three sons and a daughter. Collines protected the lives of more ties. Katrina Chong’s goal in the first They also have 17 grandchildren, 18 than 1,200 people during the genocide. half off an assist by Alana Wall would great-grandchildren, and 2 great-great- be the game’s only score. grandchildren. Prior to the award ceremony last The Honolulu Bulls Soccer Club (’88 Mrs. Gay graduated from Albany Tuesday, Paul Rusesabagina was re- Girls) team members are: Lucy Caires, State University in 1948 with a degree united with one of the many who took CiAnna Chun-Ming, Kelsi Chan, in elementary education. She then shelter at the Hotel des Mille Collines. Katrina Chong, Devin Council, Caycie spent the next 25 years of her career in- According to reports, Thomas Gusman, Allison Haines, Jaymie spiring and bringing out the best in her Kamilindi was working as a journalist Honold, Ashley Kanda, Lauren Kanda, students in the Miller and Dougherty in Kigali when violence broke out in Sophia Merrifield, Marisa Schoen, County school systems. She was a 1994. Kamilindi, his pregnant wife and Carly Wachi, Alana Wall, Lindsey member of many organizations while young daughter stayed at the hotel for Watanabe, Jordan Weeks, Jenna Wong, teaching, including: Dougherty County a month and a half until they were Kiani Wong, and Marie Yempuku. The Teachers League; president of the evacuated. Kamilindi credits Paul team is coached by Phil Neddo, Craig Dougherty County 2nd Grade Edu- Rusesabagina with saving his life and Nosse, and Robin McCullough. cators; Georgia Association of Edu- the lives of his family. The meeting I congratulate the Honolulu Bulls cators; National Education Associa- last Tuesday was the first since Soccer Club (’88 Girls) on their thrill- tion; Association of Classroom Teach- Kamilindi and his family were evacu- ing run to the top of their sport, and I ers and the National Council of English ated more than 10 years ago. Following wish all of them the best in their fu- Teachers. In 1962, she was named their meeting, Kamilindi said, ‘‘It was ture endeavors, in life and on the play- ‘‘River Road Elementary Teacher of very emotional for him and for me. I ing field. And I extend the same con- the Year’’ and was named as an ‘‘Out- am still alive because Paul was there.’’ gratulations to all players and coaches standing Elementary Teacher of Amer- ica’’ in 1972. She retired from teaching Kamilindi is currently a Knight-Wal- who participated in this year’s U.S. in 1973 and had a youth award named lace Journalism Fellow at the Univer- Club Soccer National Cup IV Finals on a job well done.∑ after her in 1991. sity of Michigan where he is studying f Cora’s passions were cooking, sewing, representations of violence in the reading, playing scrabble, and helping media. LEVI LEIPHEIMER APPRECIATION others. She was always there to pro- Paul Rusesabagina’s courageous ac- DAY vide comfort and strength to members tions closely resemble those of Raoul ∑ Mr. BAUCUS. Mr. President, I rise of her family and others in her commu- Wallenberg 50 years before. Both men today to honor an outstanding Mon- nity when they were in need. On Sep- stood in the face of great adversity to tanan. Today in the city of Butte, MT, tember 25 we lost a truly fine Georgian protect those who were not able to pro- citizens are taking to the streets in and great American. I commend her to tect themselves. Like Wallenberg, honor of Levi Leipheimer. In fact, Oc- her family, friends, and colleagues as Rusesabagina provided a shelter of last tober 20 is officially Levi Leipheimer an example of a life fully and success- resort to innocent civilians facing per- Appreciation Day in Montana. fully lived.∑ secution, many of whom he did not To say that Levi Leipheimer is a f competitive cyclist is an understate- know personally prior to the violence. HONORING MARY BOURDETTE In addition, both men fought off poten- ment. Levi is an established leader in ∑ tial violence not by meeting force with the world of cycling. Under his belt, he Mrs. CLINTON. Mr. President, I am delighted today to honor Mary force, but by using persuasion, influ- has three top ten finishes in the world’s biggest cycling race, the Tour Bourdette, a woman who has dedicated ence, and negotiation instead. de France. This year, he placed sixth in her working life to improving the lives I thank the University of Michigan the Tour, and also won the Tour de of disadvantaged children and families. for adding to the legacy of Raoul Germany. This is an incredible accom- Over the past three decades, Mary Wallenberg by recognizing the con- plishment. I am proud that Levi grew has served as a tireless and extremely tributions of other great humani- up riding on the hills of Montana. effective advocate for our Nation’s tarians like Paul Rusesabagina. I know Today, Levi is returning to Butte for most vulnerable children. Our country my colleagues will join me in con- the first time in roughly 4 years. The is in her debt, and for her passion, com- gratulating Paul Rusesabagina on this people of Butte are honoring him with mitment, service, and good humor, she great honor. a bike parade and street festival. will be dearly missed when she retires.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.096 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11661 Early in her career, Mary worked in games to children. As she has been tify factors influencing the ability to Washington, DC, with the Legal Serv- throughout her career, Mary was improve quality of care nationally, and ices Corporation, an organization that acutely focused on protecting children make recommendations about national provides high quality legal services to and empowering parents. I knew from efforts for sustainable quality improve- low-income people throughout the working with Mary in the past that her ment. United States. She then went to work involvement in this endeavor would Dr. Smith’s term as chair has also for the Child Welfare League of Amer- not only ensure that it was done well seen the development of the Center for ica, CWLA, as the director of public but that working with her would be a Aging Services Technology, a major policy. In this role, Mary was a com- real joy. new initiative bringing together re- mitted champion as she worked mas- Any one who has had the pleasure of searchers from universities, technology terfully and persistently to seek and working with her would agree that companies, facility administrators and implement policy improvements for Mary is not only consistently creative government representatives. The cen- abused and neglected children. but also proactive and determined to ter focuses on the application of tech- Mary then took her passion and tal- improve the lives of our Nation’s young nology to provide aging services more ent to the Children’s Defense Fund, people. Mary has always been a pleas- effectively and affordably and to en- CDF, where she served as a powerful ure to work with; her wonderful sense able older Americans to maintain max- ally to children for 8 years. I first got of humor and a reassuring smile en- imum independence, regardless of the to know Mary at CDF where she courages everyone in her presence. setting in which they live. worked to improve the Head Start pro- After she retires, those of us fortunate In addition to serving as AAHSA’s gram by increasing funds dedicated to enough to have known and worked chair, Dr. Smith is the president and strengthening the quality of Head closely with Mary will dearly miss her chief executive officer of Aging in Start and maintaining its comprehen- keen understanding of policy, her America, Inc., in Bronx, NY. Aging in sive approach to helping our poorest gentle manner and, most importantly, America is the parent corporation of children and families. Mary was the her deep commitment to children. Mil- Aging in America Community Serv- driving force behind the Act for Better lions more whose her work she has ices, AIA Supportive Services, Hertlin Child Care and worked overtime to touched—though they may never know House, Morningside at Home, and help build support for the Family and her name—will miss the rare combina- Morningside House Nursing Home, Medical Leave Act. tion of caring and talent that Mary whose roots date back to the 1850s. To- I had the pleasure of continuing to brought to her hard work on their be- gether, these facilities provide nursing, work with Mary when she became Dep- half. social services, adult day services, re- uty Assistant Secretary for Legislation Long after her retirement, Mary will habilitation, pharmaceuticals, recre- with the Health and Human Services remain an inspiration for our efforts as ation, and pastoral care annually to office under Secretary Shalala. Mary we continue the fight for America’s over 5,000 seniors and their families. was endlessly positive and always on most vulnerable children.∑ All are nonprofit, nonsectarian agen- the search for solutions. As she was al- f cies. Aging in America is another ex- ways upbeat, it was a genuine pleasure ample of the way in which the field of RECOGNIZING DR. WILLIAM T. to work with her. Mary seemed to long-term care and aging services must SMITH wake up every day believing that it both diversify and integrate to provide held an opportunity to make the world ∑ Mrs. CLINTON. Mr. President, I a seamless continuum of options to to- better for children. would like to take this opportunity to morrow’s seniors. She played a critically important recognize an outstanding leader in the Dr. Smith has been in the field of so- role in the enactment of the Adoption field of long-term care and aging serv- cial work since 1971, with the last 27 and Safe Families Act, which helped to ices. Dr. William T. Smith is the out- years dedicated to the field of geron- realize the goals of safety, permanence going chair of the American Associa- tology. He is a licensed nursing home and well-being for tens of thousands of tion of Homes and Services for the administrator, a certified social work- children in the child welfare system. Aging, AAHSA, and I congratulate him er, and a certified retirement housing During the negotiation of this bill at on what has been accomplished during professional. He clearly has been recog- the very end of the congressional ses- his 2-year term. nized both locally and nationally as an sion in 1996, Mary was the Clinton ad- AAHSA serves 2 million people every expert on gerontological issues. ministration’s lead diplomat on Cap- day through mission-driven, not-for- Within the next decade, the baby itol Hill. I was keenly interested in the profit organizations dedicated to pro- boom generation will move into retire- passage of this legislation, and Mary viding the services people need, when ment and approach the ages at which worked diligently, keeping me in- they need them, in the place they call older adults generally come to need as- formed every step of the way and late home. AAHSA provides a continuum of sistance with health care, housing, and into the night, as was her usual style, aging services ranging from assisted supportive services. Many baby to forge a bipartisan compromise. living residences, continuing care re- boomers already face these issues as While serving as Deputy Assistant tirement communities, and nursing their parents age. Dr. Smith’s years of Secretary, Mary help lead the extraor- homes to home and community based experience and his leadership in and vi- dinary effort to expand the child care programs, and senior housing. AAHSA sion for the field of aging services will and development block grant, CCDBG, is committed to creating the future of continue to serve seniors and policy- ensuring that this bill included ade- aging services through high-quality makers well as we prepare for the fu- quate funding for low-income families. people can trust. ture of aging in America. Again, I con- She was also deeply involved in the Under Dr. Smith’s chairmanship, gratulate him on his many accomplish- dramatic expansion of the earned in- AAHSA has taken a leadership role in ments as outgoing chair of the come tax credit, EITC, a credit that changing the culture of long-term care AAHSA.∑ provides crucial income support to mil- toward providing consumer oriented f lions of low-income individuals and services in the most appropriate set- families. Since its inception, the EITC tings. An important element has been TRIBUTE TO MS. JEAN GRUBB has been hailed as one of the most ef- the Quality First Initiative, under ∑ Mr. LUGAR. Mr. President, I rise fective antipoverty policies ever cre- which AAHSA members commit to today to congratulate a distinguished ated, and Mary was integral to its suc- continuous quality improvement in Hoosier and mentor of mine, Ms. Jean cess. clinical care, leadership, governance, Grubb, on being honored with a Life- Most recently, I had the pleasure of accountability, and several other ele- time Achievement Award from the In- partnering with Mary in her capacity ments of quality care. Dr. Smith has diana High School Press Association on as director of government relations for overseen the appointment of an inde- October 21, 2005. Ms. Grubb, an algebra Parents Action for Children. Together pendent National Commission on Qual- teacher and publications advisor for 46 we sought to highlight the dangers of ity Long-Term Care, which will evalu- years, touched hundreds of lives with exposure to violent and explicit video ate the quality of long-term care, iden- her kindness and concern for the well

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.099 S20OCPT1 S11662 CONGRESSIONAL RECORD — SENATE October 20, 2005 being of her students. I fondly remem- Teague is also active in a number of 10,000 boardings this year for the first ber the time we spent working closely professional organizations. He has re- time since 2001. This is a significant together on The Shortridge Daily ceived numerous honors throughout his achievement which is not only impor- Echo. While I hold those memories career and has been recognized, due to tant to the flying public but to eco- dear, I am only one of the many stu- his involvement and service, as a lead- nomic development in lesser populated dents that benefited from her wise er in the Houston community. areas of Nebraska. Airports provide a counsel and generous nature. Mr. Teague has dedicated both his vital link for business to ensure that After graduating from Shortridge professional career and personal time those Nebraska communities remain High School in 1920, where she also to generating blood donations and en- competitive in attracting new opportu- served on the staff of The Echo as a couraging others to give the gift of life. nities. student, Ms. Grubb went on to earn a I ask my colleagues to join me in hon- Among other achievements of Don Bachelor of Arts degree in Mathe- oring his accomplishments and wishing Overman and the Western Nebraska matics from Indiana University and a Mr. Teague well in all his future en- Regional Airport Authority Board is Master of Science degree in Journalism deavors.∑ the construction of a new $4.2 million from Northwestern University. Ms. f terminal of which $2.7 million was Grubb began her teaching career in DON OVERMAN: RURAL AIRPORT funded through the Federal Airport Im- Sanborn, IN, before moving on to teach CHAMPION provement Program and $1.5 million in Crawfordsville for 17 years and then was secured through local funding. ∑ finally settling at our alma mater Mr. NELSON of Nebraska. Mr. Presi- This is a new facility to replace the where she taught until her retirement dent, I am here today to honor a fellow current terminal which dates back to in 1970. Nebraskan, Don Overman, who has World War II. As Mr. Overman has ob- Ms. Grubb has always been an active made a significant contribution to served in the past, the first image peo- member of the Shortridge High School maintaining commercial airline service ple see when they arrive in a commu- alumni community. As publications ad- in rural Nebraska. nity is the airport. That first impres- Mr. Overman is a former mayor of visor, Ms. Grubb organized the 50th an- sion creates their feelings about the Scottsbluff, NE and currently serves as niversary celebration of The Echo. She community. Thanks to Mr. Overman’s Chair of the Western Nebraska Re- also has worked to gather names and gional Airport Authority Board in hard work, that first impression will be contact information for the Shortridge Scottsbluff. For nearly two decades in a positive one which will help attract High School Alumni Association so his various roles Mr. Overman has dedi- economic development and growth to that each of us can stay closely in cated himself to assuring that Nebras- the area. Mr. Overman, who is often referred to touch with our friends and classmates. kans are not deprived of having access fondly as Mr. Scottsbluff or Mr. Air- Following her retirement, Ms. Grubb to passenger airline service. worked with the Indiana Historical So- It can be hard for those who have port, will be recognized Saturday, Oc- ciety to compile a complete history of never lived in sparsely populated areas tober 29, 2005, when the new terminal is our alma mater. of this country to understand just how dedicated and named the ‘‘Donald E. I know that each of our fellow alum- difficult it is to provide services that Overman Terminal.’’ It is a well-deni and I are thankful for the remark- people in large urban areas take for served honor for a man whose achieve- able impact Ms. Grubb has had as a granted, such as airline service. ments in the past have earned him rec- member of the Shortridge community In large urban areas, there is never a ognition as the Scottsbluff Star-Herald and we look forward to many more op- question whether citizens will have Newspaper’s Citizen of the Year and portunities to benefit from her experi- ready access to airline service because Citizen of the Century in Government. ence as she begins her 103rd year and of the economies of scale where ex- I would like to extend my sincere continues to bring joy to those around penses are offset by a large number of congratulations to Don Overman on her. users. In lightly populated areas where this historic occasion. Thanks to him I appreciate this opportunity to con- there are fewer customers, the econ- and the Western Nebraska Regional gratulate Ms. Jean Grubb on this sig- omy of scale can be nonexistent. Airport Authority Board, citizens of nal honor and wish her continuing good For instance, at the Western Ne- the Nebraska Panhandle and sur- health and happiness among her many braska Regional Airport in Scottsbluff, rounding States will have a modern friends in the Indianapolis commu- NE, they struggle to board 10,000 air- new building and continued access to nity.∑ line passengers per year. Compare that commercial airline service.∑ f to Hartsfield-Jackson Atlanta Inter- f national Airport in Atlanta, GA, which HONORING BILL T. TEAGUE RECOGNIZING GRANDPARENTS is the busiest airport in the world and AND OTHER KIN RAISING REL- ∑ Mrs. HUTCHISON. Mr. President, I boards, on average, nearly 10,000 pas- ATIVES’ CHILDREN wish to pay tribute to Bill T. Teague sengers per hour. Even with 10,000 pas- upon his retirement as president and sengers per year, the Western Nebraska Mr. SALAZAR. Mr. President, I rise chief executive officer of Gulf Coast Regional Airport is the third busiest today to discuss an issue of great im- Regional Blood Center in Houston, TX. airport in Nebraska. portance that receives far too little at- Mr. Teague is a State, national, and Residents of the Nebraska Panhandle tention. Across the country, more than international leader in blood banking who use Scottsbluff’s Western Ne- 6 million children live in households and transfusion medicine management. braska Regional Airport are taxpayers, headed by either a grandparent or an- During his 31-year tenure, the non- just as certain as those who use Atlan- other relative. About 2.5 million of profit Gulf Coast Regional Blood Cen- ta’s Hartsfield-Jackson and, as such, these children live in homes without ter has become one of the most re- deserve to have convenient access to an either parent present. Regardless of the spected blood banking facilities in the airport. myriad reasons children enter relative country, currently serving more than The economy of scale makes conven- care whether it is the death of a par- 220 healthcare institutions in the 24- ient access a challenge. It is a chal- ent, neglect, or substance abuse it is county Texas gulf coast and east Texas lenge that Don Overman has accepted. never the fault of the child. I commend regions. Prior to this position, he As Chair of the Airport Authority grandparents and other relatives who served as director of the Community Board, he has worked tirelessly to in- step forward to care for these children, Blood Bank in St. Petersburg, FL, and crease boardings so Western Nebraska keeping them out of foster care while director of the Travis County Medical Regional Airport can be considered a providing safe, stable homes, often at Society Blood Bank in Austin, TX. A primary airport and remain eligible for great personal and financial sacrifice. past president of both the South Cen- Federal funding. I have worked person- Jackie Hope of Denver, CO, is one tral Association of Blood Banks and ally with him and can attest to his per- such grandmother. She became a sec- the American Association of Blood severance and dedication. ond-time mother at the age of 53 when Banks, and a former treasurer of the Under his leadership, Western Ne- she quit her job to be a full-time parent American Blood Commission, Mr. braska Regional Airport will exceed to her newborn grandson. Jackie’s

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.094 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11663 daughter became addicted to crack co- H.R. 554. An act to prevent legislative and Cultural Affairs); Assistant Secretary of caine and left Jackie to care for her regulatory functions from being usurped by State for European and Eurasian Affairs; In- four children. civil liability actions brought or continued spector General; Assistant Secretary of Times got even harder for Jackie against food manufacturers, marketers, dis- State for Intelligence and Research; Assist- tributors, advertisers, sellers, and trade as- ant Secretary for Oceans, International En- when her husband of 38 years died and sociations for claims of injury relating to a vironmental Affairs; Assistant Secretary for his retirement benefits ceased. Jackie person’s weight gain, obesity, or any health International Narcotics and Law Enforce- was left to care for her four grand- condition associated with weight gain or ment Affairs; Assistant Secretary of State children’s growing needs with even less obesity. (International Organization Affairs); Assist- money. The message further announced that ant Secretary of State for Legislative Af- Today, Jackie is well known in the the House disagree to the amendment fairs; Assistant Secretary of State for Polit- ical-Military Affairs; and Assistant Sec- Denver community as a strong advo- of the Senate to the bill H.R. 2744 mak- cate for grandparents and other kin retary of State for Resource Management; to ing appropriations for Agriculture, the Committee on Foreign Relations. raising relatives’ children. She was a Rural Development, Food and Drug Ad- EC–4300. A communication from the Acting leader in advocating for more financial ministration, and Related Agencies for Assistant Secretary, Legislative Affairs, De- and emotional support for the thou- the fiscal year ending September 30, partment of State, transmitting, pursuant to sands of other people who find them- 2006, and for other purposes, and agree law, the report of Presidential Determina- selves in the same situation. Although to the conference asked by the Senate tion 2005-34 relative to waiving prohibition on United States Military assistance with reit has been physically, emotionally, on the disagreeing votes of the two and financially taxing, Jackie never spect to Benin; to the Committee on Foreign Houses thereon; and appoints the fol- Relations. complains—she simply continues to lowing Members as the managers of the EC–4301. A communication from the Chair, work hard to provide a better life for conference on the part of the House: United States Commission on International herself and her grandchildren. Mr. BONILLA, Mr. KINGSTON, Mr. Religious Freedom, transmitting, pursuant Grandparents and other relative LATHAM, Mrs. EMERSON, Mr. GOODE, to law, the Commission’s 2005 Annual Re- caregivers such as Jackie often provide Mr. LAHOOD, Mr. DOOLITTLE, Mr. ALEX- port; to the Committee on Foreign Rela- the children in their care the best tions. ANDER, Mr. LEWIS of California, Ms. EC–4302. A communication from the Assist- chance for a loving and stable child- DELAURO, Mr. HINCHEY, Mr. FARR, Mr. hood. Unfortunately, their hard work ant Legal Adviser for Treaty Affairs, Depart- BOYD, Ms. KAPTUR, and Mr. OBEY. ment of State, transmitting, pursuant to the and dedication often goes unnoticed. f Case-Zablocki Act, 1 U.S.C. 112b, as amended, Today I offer my formal acknowledge- the report of the texts and background statement and deepest appreciation for the MEASURES READ THE FIRST TIME ments of international agreements, other ongoing service of these caregivers to than treaties (List 05-236 - 05-246); to the The following bills were read the first our country and to our Nation’s most Committee on Foreign Relations. time: valuable asset, our children. EC–4303. A communication from the Acting H.R. 554. An act to prevent legislative and Chairman, National Transportation Safety f regulatory functions from being usurped by Board, transmitting, pursuant to law, the MESSAGE FROM THE HOUSE civil liability actions brought or continued Board’s 2005 FAIR Act Inventory; to the DURING ADJOURNMENT against food manufacturers, marketers, dis- Committee on Commerce, Science, and tributors, advertisers, sellers, and trade as- Transportation. sociations for claims of injury relating to a EC–4304. A communication from the Sec- ENROLLED BILL SIGNED person’s weight gain, obesity, or any health retary of Transportation transmitting, pur- condition associated with weight gain or suant to law, a report entitled ‘‘State Prac- Under authority of the order of the obesity. tices on Specific Services Signing; to the Senate of January 4, 2005, the Sec- S. 1904. A bill to provide elementary and Committee on Commerce, Science, and retary of the Senate, on October 19, secondary education assistance to students Transportation. 2005, during the adjournment of the and schools impacted by Hurricane Katrina. EC–4305. A communication from the Sec- Senate, received a message from the retary of Transportation transmitting, pur- f suant to law, a report entitled ‘‘Section 816 House of Representatives announcing EXECUTIVE AND OTHER [Vision-100] Recommendations Concerning that the Speaker has signed the fol- Travel Agents’’; to the Committee on Com- lowing enrolled bill: COMMUNICATIONS merce, Science, and Transportation. H.R. 3971. An act to extend medicare cost- The following communications were EC–4306. A communication from the Legal sharing for qualifying individuals through laid before the Senate, together with Advisor to the Bureau Chief, Media Bureau, September 2007, to extend transitional med- accompanying papers, reports, and doc- Federal Communications Commission, trans- ical assistance and the program for absti- uments, and were referred as indicated: mitting, pursuant to law, the report of a rule nence education through December 2005, to entitled ‘‘Amendment of Section 73.202(b), provide unemployment relief for States and EC–4297. A communication from the Acting Table of Allotments, FM Broadcast Stations individuals affected by Hurricane Katrina, Assistant Secretary, Legislative Affairs, De- (Big Pine Key, Florida)’’ (MB Docket No. 04– and for other purposes. partment of State, transmitting, pursuant to 248) received on October 11, 2005; to the Com- law, the Accountability Review Board’s re- Under authority of the order of the mittee on Commerce, Science, and Transpor- port relative to the December 6, 2004 attack tation. Senate of October 19, 2005, the enrolled by armed terrorists on the U.S. Consulate in EC–4307. A communication from the Legal bill was signed subsequently on yester- Jeddah, Saudi Arabia; to the Committee on Advisor to the Bureau Chief, Media Bureau, day, October 19, 2005, by the Majority Foreign Relations. Federal Communications Commission, trans- Leader (Mr. FRIST). EC–4298. A communication from the Acting mitting, pursuant to law, the report of a rule Assistant Secretary, Legislative Affairs, De- f entitled ‘‘Amendment of Section 73.202(b), partment of State, transmitting, pursuant to Table of Allotments, FM Broadcast Stations MESSAGE FROM THE HOUSE law, the Accountability Review Board’s re- (Cheyenne and Thomas, Oklahoma)’’ (MB port relative to the January 29, 2005 rocket Docket No 05–130) received on October 11, At 3:57 p.m., a message from the attack on the Interim U.S. Embassy Annex House of Representatives, delivered by 2005; to the Committee on Commerce, in Baghdad, Iraq; to the Committee on For- Science, and Transportation. Mr. Hays, one of its reading clerks, an- eign Relations. EC–4308. A communication from the Legal nounced that the House has passed the EC–4299. A communication from the Acting Advisor to the Bureau Chief, Media Bureau, following bill, without amendment: Assistant Secretary, Legislative Affairs, De- Federal Communications Commission, trans- S. 397. An act to prohibit civil liability ac- partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule tions from being brought or continued law, reports on vacancies in the positions of: entitled ‘‘Amendment of Section 73.202(b), against manufacturers, distributors, dealers, Under Secretary of State for Management; Table of Allotments, FM Broadcast Stations or importers of firearms or ammunition for Under Secretary of State for Public Diplo- (Cridersville, OH)’’ (MB Docket No. 04–343) damages, injunctive or other relief resulting macy; Coordinator for Counterterrorism w/ received on October 11, 2005; to the Com- from the misuse of their products by others. Rank of Ambassador at Large; Assistant mittee on Commerce, Science, and Transpor- Secretary of State for Administration; As- tation. The message also announced that the sistant Secretary of State for Democracy, EC–4309. A communication from the Legal House has passed the following bill, in Human Rights and Labor; Assistant Sec- Advisor to the Bureau Chief, Media Bureau, which it requests the concurrence of retary of State for Diplomatic Security; As- Federal Communications Commission, trans- the Senate: sistant Secretary of State (Educational and mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.097 S20OCPT1 S11664 CONGRESSIONAL RECORD — SENATE October 20, 2005 entitled ‘‘Amendment of Section 73.202(b), States and in the Western Pacific; West the Committee on Commerce, Science, and Table of Allotments, FM Broadcast Stations Coast Salmon Fisheries; Inseason Action Transportation. (Clinton and Mayfield, Kentucky)’’ (MB #5—Adjustments of the Recreational Fishery f Docket No. 05–152) received on October 11, from Cape Alava, Washington, to Cape Fal- 2005; to the Committee on Commerce, con, Oregon’’ (I.D No. 082605A) received on REPORTS OF COMMITTEES Science, and Transportation. October 11, 2005; to the Committee on Com- EC–4310. A communication from the Legal merce, Science, and Transportation. The following reports of committees Advisor to the Bureau Chief, Media Bureau, EC–4318. A communication from the Pro- were submitted: Federal Communications Commission, trans- gram Analyst, Federal Aviation Administra- By Ms. COLLINS, from the Committee on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Homeland Security and Governmental Af- entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule fairs: Table of Allotments, FM Broadcast Stations entitled ‘‘Improved Seats in Air Carrier Report to accompany S. 1736, a bill to pro- (Fisher and Thief River Falls, Minnesota)’’ Transport Category Airplanes’’ ((RIN2120– vide for the participation of employees in (MB Docket No. 05–116) received on October AC84) (2005–0001)) received on October 11, the judicial branch in the Federal leave 11, 2005; to the Committee on Commerce, 2005; to the Committee on Commerce, transfer program for disasters and emer- Science, and Transportation. Science, and Transportation. gencies (Rept. No. 109–158). EC–4311. A communication from the Regu- EC–4319. A communication from the Pro- By Mr. SPECTER, from the Committee on latory Ombudsman, Federal Motor Carrier gram Analyst, Federal Aviation Administra- the Judiciary, without amendment: Safety Administration, Department of tion, Department of Transportation, trans- S. 443. A bill to improve the investigation Transportation, transmitting, pursuant to mitting, pursuant to law, the report of a rule of criminal antitrust offenses. law, the report of a rule entitled ‘‘Commer- entitled ‘‘IFR Altitudes; Miscellaneous By Mr. SPECTER, from the Committee on cial Driver’s License (CDL) Standards; Amendments (43); Amdt. No. 457’’ ((RIN2120– the Judiciary, with an amendment in the na- School Bus Endorsement’’ (RIN2126–AA94) AA63) (2005–0007)) received on October 11, ture of a substitute: received on October 11, 2005; to the Com- 2005; to the Committee on Commerce, S. 1086. A bill to improve the national pro- mittee on Commerce, Science, and Transpor- Science, and Transportation. gram to register and monitor individuals tation. EC–4320. A communication from the Pro- who commit crimes against children or sex EC–4312. A communication from the Regu- gram Analyst, Federal Aviation Administra- offenses. latory Ombudsman, Federal Motor Carrier tion, Department of Transportation, trans- By Mr. SPECTER, from the Committee on Safety Administration, Department of mitting, pursuant to law, the report of a rule the Judiciary, without amendment: Transportation, transmitting, pursuant to entitled ‘‘Standard Instrument Approach S. 1326. A bill to require agencies and per- law, the report of a rule entitled ‘‘Title VI Procedures; Miscellaneous Amendments sons in possession of computerized data con- Regulations for Federal Motor Carrier Safe- (102); Amdt. No. 3133’’ ((RIN2120–AA65) (2005– taining sensitive personal information, to ty Administration Financial Assistance Re- 0026)) received on October 11, 2005; to the disclose security breaches where such breach cipients’’ ((RIN2126–AA79) (2005–1)) received Committee on Commerce, Science, and poses a significant risk of identity theft. on October 11, 2005; to the Committee on Transportation. Commerce, Science, and Transportation. EC–4321. A communication from the Pro- f EC–4313. A communication from the Attor- gram Analyst, Federal Aviation Administra- ney, National Highway Traffic Safety Ad- tion, Department of Transportation, trans- EXECUTIVE REPORTS OF ministration, Department of Transportation, mitting, pursuant to law, the report of a rule COMMITTEES transmitting, pursuant to law, the report of entitled ‘‘Standard Instrument Approach The following executive reports of a rule entitled ‘‘Importation of Noncon- Procedures; Miscellaneous Amendments (52); committees were submitted: forming Vehicles by Registered Importers’’ Amdt. No. 3134’’ ((RIN2120–AA65) (2005–0027)) By Mr. SPECTER for the Committee on (RIN2127–AJ63) received on October 11, 2005; received on October 11, 2005; to the Com- the Judiciary. to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- Susan Bieke Neilson, of Michigan, to be and Transportation. tation. EC–4314. A communication from the Acting EC–4322. A communication from the Pro- United States Circuit Judge for the Sixth Director, Office of Sustainable Fisheries, Na- gram Analyst, Federal Aviation Administra- Circuit. tional Marine Fisheries Service, National tion, Department of Transportation, trans- Brian Edward Sandoval, of Nevada, to be Oceanic and Atmospheric Administration, mitting, pursuant to law, the report of a rule United States District Judge for the District transmitting, pursuant to law, the report of entitled ‘‘Standard Instrument Approach of Nevada. a rule entitled ‘‘Fisheries Off West Coast Procedures; Miscellaneous Amendments (10); John Richard Smoak, of Florida, to be States and in the Western Pacific; West Amdt. No. 3135’’ ((RIN2120–AA65) (2005–0028)) United States District Judge for the North- Coast Salmon Fisheries; Inseason Action received on October 11, 2005; to the Com- ern District of Florida. #7—Closure of the Commercial Salmon Fish- mittee on Commerce, Science, and Transpor- Harry Sandlin Mattice, Jr., of Tennessee, ery from the U.S.-Canada Border to Cape tation. to be United States District Judge for the Falcon, Oregon’’ (I.D. No. 091405G) received EC–4323. A communication from the Pro- Eastern District of Tennessee. on October 11, 2005; to the Committee on gram Analyst, Federal Aviation Administra- Thomas Craig Wheeler, of Maryland, to be Commerce, Science, and Transportation. tion, Department of Transportation, trans- a Judge of the United States Court of Fed- EC–4315. A communication from the Acting mitting, pursuant to law, the report of a rule eral Claims for a term of fifteen years. Director, Office of Sustainable Fisheries, Na- entitled ‘‘Establishment of Domestic VOR Margaret Mary Sweeney, of Virginia, to be tional Marine Fisheries Service, National Federal Airway V–19; OH’’ ((RIN2120–AA66) a Judge of the United States Court of Fed- Oceanic and Atmospheric Administration, (2005–0221)) received on October 11, 2005; to eral Claims for a term of fifteen years. transmitting, pursuant to law, the report of the Committee on Commerce, Science, and (Nominations without an asterisk a rule entitled ‘‘Fisheries Off West Coast Transportation. were reported with the recommenda- States and in the Western Pacific; West EC–4324. A communication from the Pro- tion that they be confirmed.) Coast Salmon Fisheries; Inseason Action gram Analyst, Federal Aviation Administra- #8—Adjustment of the Recreational Fishery tion, Department of Transportation, trans- f from the U.S.-Canada Border to Cape Alava, mitting, pursuant to law, the report of a rule Washington’’ (I D. No. 091405H) received on entitled ‘‘Amendment to Using Agency for INTRODUCTION OF BILLS AND October 11, 2005; to the Committee on Com- Restricted Areas R–2510 A and B; El Centro, JOINT RESOLUTIONS merce, Science, and Transportation. CA’’ ((RIN2120–AA66) (2005–0220)) received on The following bills and joint resolu- EC–4316. A communication from the Acting October 11 2005; to the Committee on Com- tions were introduced, read the first Director, Office of Sustainable Fisheries, Na- merce, Science, and Transportation. and second times by unanimous con- tional Marine Fisheries Service, National EC–4325. A communication from the Pro- Oceanic and Atmospheric Administration, gram Analyst, Federal Aviation Administra- sent, and referred as indicated: transmitting, pursuant to law, the report of tion, Department of Transportation, trans- By Mr. KERRY (for himself, Mr. KEN- a rule entitled ‘‘Fisheries Off West Coast mitting, pursuant to law, the report of a rule NEDY, Mr. GREGG, and Mr. SUNUNU): States and in the Western Pacific; Coastal entitled ‘‘Advanced Qualification Program’’ S. 1898. A bill to establish the Freedom’s Pelagic Species Fisheries; Reallocation of (RIN2120–AI59) received on October 11, 2005; Way National Heritage Area in the States of Pacific Sardine’’ (I.D. No. 091305E) received to the Committee on Commerce, Science, Massachusetts and New Hampshire, and for on October 11, 2005; to the Committee on and Transportation. other purposes; to the Committee on Energy Commerce, Science, and Transportation. EC–4326. A communication from the Pro- and Natural Resources. EC–4317. A communication from the Acting gram Analyst, Federal Aviation Administra- By Mr. McCAIN (for himself, Mr. DOR- Director, Office of Sustainable Fisheries, Na- tion, Department of Transportation, trans- GAN, Mr. CRAPO, and Mr. INOUYE): tional Marine Fisheries Service, National mitting, pursuant to law, the report of a rule S. 1899. A bill to amend the Indian Child Oceanic and Atmospheric Administration, entitled ‘‘False and Misleading Statements Protection and Family Violence Prevention transmitting, pursuant to law, the report of Regarding Aircraft Parts’’ ((RIN2120–AG08) Act to identify and remove barriers to reduc- a rule entitled ‘‘Fisheries Off West Coast (2005–0001)) received on October 11, 2005; to ing child abuse, to provide for examinations

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.065 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11665 of certain children, and for other purposes; ADDITIONAL COSPONSORS guardianship assistance payments for to the Committee on Indian Affairs. children, and for other purposes. By Ms. STABENOW (for herself, Mr. S. 132 S. 1086 HARKIN, Mr. DAYTON, Mr. LAUTEN- At the request of Mrs. LINCOLN, the At the request of Mr. HATCH, the BERG, and Mr. CORZINE): name of the Senator from South Da- S. 1900. A bill to amend title XVIII of the kota (Mr. JOHNSON) was added as a co- name of the Senator from New Hamp- Social Security Act to stabilize the amount sponsor of S. 132, a bill to amend the shire (Mr. SUNUNU) was added as a co- of the medicare part B premium; to the Com- Internal Revenue Code of 1986 to allow sponsor of S. 1086, a bill to improve the mittee on Finance. a deduction for premiums on mortgage national program to register and mon- By Mr. SCHUMER (for himself and insurance. itor individuals who commit crimes Mrs. CLINTON): against children or sex offenses. S. 1901. A bill to designate the facility of S. 390 S. 1401 the United States Postal Service located at At the request of Mr. BUNNING, the 567 Tompkins Avenue in Staten Island, New name of the Senator from Indiana (Mr. At the request of Mr. GREGG, the name of the Senator from Georgia (Mr. York, as the ‘‘Vincent Palladino Post Of- LUGAR) was added as a cosponsor of S. fice’’; to the Committee on Homeland Secu- 390, a bill to amend title XVIII of the ISAKSON) was added as a cosponsor of S. rity and Governmental Affairs. Social Security Act to provide for cov- 1401, a bill to amend the Internal Rev- By Mr. LIEBERMAN (for himself, Mr. erage of ultrasound screening for ab- enue Code of 1986 to clarify the proper BROWNBACK, Mrs. CLINTON, Mr. treatment of differential wage pay- SANTORUM, and Mr. DURBIN): dominal aortic aneurysms under part B of the medicare program. ments made to employees called to ac- S. 1902. A bill to amend the Public Health tive duty in the uniformed services, S. 408 Service Act to authorize funding for the es- and for other purposes. tablishment of a program on children and At the request of Mr. DEWINE, the S. 1405 the media within the Centers for Disease name of the Senator from Utah (Mr. Control and Prevention to study the role and At the request of Mr. SANTORUM, the BENNETT) was added as a cosponsor of impact of electronic media in the develop- name of the Senator from Rhode Island S. 408, a bill to provide for programs ment of children; to the Committee on (Mr. CHAFEE) was added as a cosponsor and activities with respect to the pre- Health, Education, Labor, and Pensions. of S. 1405, a bill to extend the 50 per- vention of underage drinking. By Mr. ROCKEFELLER (for himself, cent compliance threshold used to de- Mr. SPECTER, Mr. SCHUMER, and Mr. S. 440 termine whether a hospital or unit of a MCCAIN): At the request of Mr. BUNNING, the hospital is an inpatient rehabilitation S. 1903. A bill to amend title XIX of the So- name of the Senator from New Jersey cial Security Act to require drug manufac- facility and to establish the National (Mr. CORZINE) was added as a cosponsor turers to report the average manufacturer Advisory Council on Medical Rehabili- price and the best price of authorized generic of S. 440, a bill to amend title XIX of tation. the Social Security Act to include po- drugs and any other drugs sold under a new S. 1462 diatrists as physicians for purposes of drug application approved under section At the request of Mr. LEVIN, his name 505(c) of the Federal Food, Drug, and Cos- covering physicians services under the was added as a cosponsor of S. 1462, a metic Act to the Secretary of Health and medicaid program. bill to promote peace and account- Human Services; to the Committee on Fi- S. 757 nance. ability in Sudan, and for other pur- At the request of Mr. CHAFEE, the By Mr. ALEXANDER (for himself, Mr. poses. KENNEDY, Mr. ENZI, and Mr. DODD): names of the Senator from Louisiana At the request of Mr. BROWNBACK, the S. 1904. A bill to provide elementary and (Ms. LANDRIEU), the Senator from Con- names of the Senator from California secondary education assistance to students necticut (Mr. DODD), the Senator from (Mrs. BOXER) and the Senator from and schools impacted by Hurricane Katrina; Arkansas (Mrs. LINCOLN), the Senator Connecticut (Mr. DODD) were added as read the first time. from California (Mrs. BOXER) and the cosponsors of S. 1462, supra. By Mr. LUGAR (for himself and Mr. Senator from Indiana (Mr. BAYH) were S. 1515 BIDEN): added as cosponsors of S. 757, a bill to At the request of Mr. INOUYE, the S. 1905. A bill to clarify Foreign Service amend the Public Health Service Act Grievance Board procedures; considered and name of the Senator from North Da- passed. to authorize the Director of the Na- kota (Mr. CONRAD) was added as a co- tional Institute of Environmental sponsor of S. 1515, a bill to amend title Health Sciences to make grants for the f XIX of the Social Security Act to im- development and operation of research prove access to advanced practice centers regarding environmental fac- nurses and physician assistants under SUBMISSION OF CONCURRENT AND tors that may be related to the eti- SENATE RESOLUTIONS the Medicaid Program. ology of breast cancer. S. 1516 The following concurrent resolutions S. 828 At the request of Mr. LOTT, the name and Senate resolutions were read, and At the request of Mr. HARKIN, the of the Senator from New York (Mrs. referred (or acted upon), as indicated: name of the Senator from Minnesota CLINTON) was added as a cosponsor of S. By Mr. BIDEN (for himself, Mr. ROCKE- (Mr. DAYTON) was added as a cosponsor 1516, a bill to reauthorize Amtrak, and FELLER, Mr. JOHNSON, Mrs. MURRAY, of S. 828, a bill to enhance and further for other purposes. Ms. CANTWELL, Mr. LAUTENBERG, Mr. research into paralysis and to improve S. 1524 BAYH, Mr. KOHL, Mrs. CLINTON, Ms. rehabilitation and the quality of life At the request of Mr. CRAPO, the STABENOW, Mr. CORZINE, Mr. AKAKA, for persons living with paralysis and Mrs. BOXER, Ms. MIKULSKI, Mr. DAY- name of the Senator from Idaho (Mr. TON, Mr. CORNYN, Mr. SARBANES, Mr. other physical disabilities, and for CRAIG) was added as a cosponsor of S. STEVENS, Mr. SPECTER, Mr. LEAHY, other purposes. 1524, a bill to repeal the sunset on the Mr. TALENT, Mr. KERRY, Mr. BYRD, S. 969 reduction of capital gains rates for in- Mr. NELSON of Florida, Mr. KENNEDY, At the request of Mr. OBAMA, the dividuals and on the taxation of divi- Mr. FEINGOLD, and Mr. SALAZAR): name of the Senator from New York dends of individuals at capital gain S. Res. 282. A resolution supporting the (Mrs. CLINTON) was added as a cospon- goals and ideals of National Domestic Vio- rates. lence Awareness Month and expressing the sor of S. 969, a bill to amend the Public S. 1706 sense of the Senate that Congress should Health Service Act with respect to At the request of Mr. ALLEN, the raise awareness of domestic violence in the preparation for an influenza pandemic, name of the Senator from Idaho (Mr. United States and its devastating effects on including an avian influenza pandemic, CRAIG) was added as a cosponsor of S. families; to the Committee on the Judiciary. and for other purposes. 1706, a bill to amend the Internal Rev- By Mr. ALLEN (for himself and Mr. S. 985 enue Code of 1986 to provide that dis- DURBIN): At the request of Mrs. CLINTON, the tributions from a section 401(k) plan or S. Res. 283. A resolution recognizing the contributions of Korean Americans to the name of the Senator from Illinois (Mr. a section 403(b) contract shall not be United States and encouraging the celebra- OBAMA) was added as a cosponsor of S. includible in gross income to the ex- tion of ‘‘Korean American Day’’; to the Com- 985, a bill to establish kinship navi- tent used to pay long-term care insur- mittee on the Judiciary. gator programs, to establish kinship ance premiums.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.069 S20OCPT1 S11666 CONGRESSIONAL RECORD — SENATE October 20, 2005 S. 1779 and Urban Development, the Judiciary, By Mr. MCCAIN (for himself, Mr. At the request of Mr. AKAKA, the District of Columbia, and independent DORGAN, Mr. CRAPO, and Mr. name of the Senator from Vermont agencies for the fiscal year ending Sep- INOUYE): (Mr. LEAHY) was added as a cosponsor tember 30, 2006, and for other purposes. S. 1899. A bill to amend the Indian of S. 1779, a bill to amend the Humane AMENDMENT NO. 2146 Child Protection and Family Violence Methods of Livestock Slaughter Act of At the request of Mr. BOND, his name Prevention Act to identify and remove 1958 to ensure the humane slaughter of was added as a cosponsor of amend- barriers to reducing child abuse, to nonambulatory livestock, and for other ment No. 2146 proposed to H.R. 3058, a provide for examinations of certain purposes. bill making appropriations for the De- children, and for other purposes; to the S. 1866 partments of Transportation, Treas- Committee on Indian Affairs. At the request of Ms. COLLINS, the ury, and Housing and Urban Develop- Mr. MCCAIN. Mr. President, today I name of the Senator from Ohio (Mr. ment, the Judiciary, District of Colum- am introducing a bill to reauthorize VOINOVICH) was added as a cosponsor of bia, and independent agencies for the the Indian Child Protection and Fam- S. 1866, a bill to establish an Under fiscal year ending September 30, 2006, ily Violence Prevention Act. This bill Secretary for Policy in the Department and for other purposes. is intended to reauthorize appropria- of Homeland Security, and for other f tions for child sexual abuse prevention purposes. STATEMENTS ON INTRODUCED and treatment grants, to identify the AMENDMENT NO. 2065 BILLS AND JOINT RESOLUTIONS scope of child abuse and family vio- At the request of Mr. BINGAMAN, the By Mr. KERRY (for himself, Mr. lence in Indian country by requiring names of the Senator from Nebraska annual comprehensive data gathering, KENNEDY, Mr. GREGG, and Mr. (Mr. HAGEL), the Senator from Penn- to encourage inter-agency coordination SUNUNU): sylvania (Mr. SANTORUM), the Senator S. 1898. A bill to establish the Free- between the Indian Health Service and from New Mexico (Mr. DOMENICI) and dom’s Way National Heritage Area in public and private medical or treat- the Senator from Tennessee (Mr. ALEX- the States of Massachusetts and New ment organizations in the treatment ANDER) were added as cosponsors of Hampshire, and for other purposes; to and examination of children through amendment No. 2065 proposed to H.R. the Committee on Energy and Natural the use of telemedicine, and to conform 3058, a bill making appropriations for Resources. the Act to other Federal child abuse re- the Departments of Transportation, Mr. KERRY. Mr. President, I rise to porting and confidentiality laws. The Treasury, and Housing and Urban De- introduce legislation to establish the bill provides a 4-year reauthorization velopment, the Judiciary, District of Freedom’s Way National Heritage Area of appropriations for the Act. Columbia, and independent agencies in New Hampshire and Massachusetts. The Indian Child Protection and for the fiscal year ending September 30, The bill is cosponsored by Senator Family Violence Prevention Act was 2006, and for other purposes. KENNEDY, Senator GREGG and Sen- enacted in 1990 to address findings of AMENDMENT NO. 2067 ator SUNUNU. the Senate Select Committee on Indian At the request of Mr. BROWNBACK, the The bill proposes to establish a na- Affairs and the Special Committee on name of the Senator from Illinois (Mr. tional heritage area including 36 com- Investigations as it examined the Fed- DURBIN) was added as a cosponsor of munities in Massachusetts and six eral trust relationship with Indian amendment No. 2067 intended to be pro- communities in New Hampshire. The tribes. Through public hearings, these posed to H.R. 3058, a bill making appro- area has important cultural and nat- Committees found that, at the time, priations for the Departments of ural legacies that are important to Indian country was a safe haven for Transportation, Treasury, and Housing New England and the entire Nation. I child abuse perpetrators. I will not for- and Urban Development, the Judiciary, want to highlight just a few of the rea- get the testimony of parents whose District of Columbia, and independent sons I believe this designation makes children fell prey to the notorious agencies for the fiscal year ending Sep- sense. cases of multiple child sexual abuse tember 30, 2006, and for other purposes. The Freedom’s Way is an ideal can- that occurred on the Hopi, Navajo, and AMENDMENT NO. 2077 didate because it is rich in historic Cherokee reservations over the course At the request of Mr. REED, the name sites, trails, landscapes and views. The of many years. The Federal investiga- of the Senator from North Dakota (Mr. land and the area’s resources are pieces tion and prosecution of these crimes CONRAD) was withdrawn as a cosponsor of American history and culture. The revealed that child abuse perpetrators of amendment No. 2077 proposed to entire region, and especially places were aware that the conditions of re- H.R. 3058, a bill making appropriations like Lexington and Concord, is impor- porting, investigating, and preventing for the Departments of Transportation, tant to our country’s founding and our crimes upon children were in such a Treasury, and Housing and Urban De- political and philosophical principles. sorry state that their crimes would velopment, the Judiciary, District of Within the 42 communities are truly rarely be detected. Needless to say, the Columbia, and independent agencies special places. These include the Min- consequences proved tragic to hundreds for the fiscal year ending September 30, uteman National Historic Park, more of child victims, their families and 2006, and for other purposes. than 40 National Register Districts and their communities. National Historic Landmarks, the AMENDMENT NO. 2118 We enacted this law to give the Fed- Great Meadows National Wildlife Ref- At the request of Mr. DORGAN, the eral Government an opportunity to uge, Walden Pond State Reservation, name of the Senator from North Da- meet its responsibility to Indian chil- Gardener State Park, Harvard Shaker kota (Mr. CONRAD) was added as a co- Village and the Shirley Shaker Village. dren and families by establishing poli- sponsor of amendment No. 2118 in- In addition, there is strong grass- cies and programs to prevent child tended to be proposed to H.R. 3058, a roots support for this designation. The abuse and family violence. To accom- bill making appropriations for the De- people of these communities organized plish this, appropriations were author- partments of Transportation, Treas- themselves in this effort and have now ized to establish prevention and treat- ury, and Housing and Urban Develop- turned to us for assistance. I hope we ment programs within the BIA and ment, the Judiciary, District of Colum- can provide it. Supporters include IHS. The Act also authorized the BIA bia, and independent agencies for the elected officials, people dedicated to and IHS to assist tribes in establishing fiscal year ending September 30, 2006, preserving a small piece of American on-reservation child abuse prevention and for other purposes. and New England history, and local and treatment programs. The Act also AMENDMENT NO. 2144 business leaders. It is an honor to help provided criminal sanctions for profes- At the request of Mr. SCHUMER, his their cause. sionals who failed to report acts of name was added as a cosponsor of Finally, I am very pleased that Sen- abuse or suspected abuse and pre- amendment No. 2144 intended to be pro- ators from both Massachusetts and scribed a child abuse reporting process posed to H.R. 3058, a bill making appro- New Hampshire have embraced this for law enforcement. priations for the Departments of proposal. I thank Senators KENNEDY, I don’t believe that the possible bene- Transportation, Treasury, and Housing GREGG and SUNUNU. fits of the Act have been fully realized.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.071 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11667 Neither the BIA nor the IHS have suc- S. 1900. A bill to amend title XVIII of ing at the end the following new sentence: cessfully requested or received appro- the Social Security Act to stabilize the ‘‘Notwithstanding the preceding sentences, priations to fully implement the pro- amount of the medicare part B pre- the monthly premium rate determined under grams envisioned by the Act. Today, mium; to the Committee on Finance. this paragraph for each month in 2006 may Ms. STABENOW. Mr. President, not exceed an amount equal to the monthly tribal governments rely on special ap- premium rate determined under this para- propriations, congressional earmarks today I am introducing the ‘‘Keep the graph for each month in 2005 adjusted by the and piecemeal grants. And, we still do Promise of Medicare Act’’ of 2006, and percentage change in the average Consumer not have a firm idea of the extent to am pleased to be joined by my col- Price Index for Urban Wage Earners and which child sexual or physical abuse is leagues Senators KENNEDY, HARKIN, Clerical Workers (CPI–W) for the third quar- occurring in Indian communities or the LAUTENBERG, DAYTON, and CORZINE. ter of 2004 to the third quarter of 2005.’’. degree of success that we are having in Retirees will see an average monthly There being no objection, the bill was treating victims of child abuse. Surely, cost-of-living-adjustment increase of ordered to be printed in the RECORD, as we can do better than this. $39 in their Social Security checks next follows: This bill provides for a comprehen- year. Although this increase is wel- S. 1899 sive approach to gathering this infor- come news, one-fourth of the COLA Be it enacted by the Senate and House of Rep- mation on child abuse in Indian coun- will be eaten up by rising Medicare resentatives of the United States of America in try. Under current law, the FBI is re- Part B premiums, which will increase Congress assembled, sponsible for gathering this data. At yet again by double-digits. And the SECTION 1. SHORT TITLE. the time, the FBI was primarily re- premium for Medicare’s new prescrip- This Act may be cited as the ‘‘Indian Child sponsible for investigating acts of fel- tion drug benefit could eat up the re- Protection and Family Violence Prevention Act Amendments of 2005’’. ony child abuse in Indian country. mainder of the Social Security in- Today, we know that many Indian trib- crease. SEC. 2. FINDINGS AND PURPOSE. al police agencies, operating under In- As William D. Novelli, chief execu- Section 402 of the Indian Child Protection and Family Violence Prevention Act (25 dian Self-Determination and Edu- tive of AARP, said: ‘‘A record increase U.S.C. 3201) is amended— cational Assistance Act compacts and would usually be welcome news for (1) in subsection (a)— contracts, jointly investigate these fel- America’s Social Security bene- (A) in paragraph (1)— ony crimes and that they are also re- ficiaries. But this cost-of-living adjust- (i) by redesignating subparagraphs (E) and sponsible for responding to and inves- ment is being eaten up by rising gaso- (F) as subparagraphs (F) and (G), respec- tigating tribal offenses. The bill re- line and heating costs, another double- tively; and quires a comprehensive sharing of nu- digit increase in the monthly Medicare (ii) by inserting after subparagraph (D) the merical data by all Federal, tribal and Part B premium and escalating health following: ‘‘(E) the Federal Government and certain State law enforcement agencies. care bills.’’ In addition, the Act requires all local State governments are responsible for inves- This dramatic increase could have tigating and prosecuting certain felony law enforcement agencies to document been avoided. CMS Administrator crimes, including child abuse, in Indian incidents of child abuse and to submit McClellan has acknowledged after last country, pursuant to chapter 53 of title 18, this documentation to the Federal Bu- year’s record 17.5 percent increase that United States Code;’’; and reau of Investigation. The Act, how- provisions included in the 2003 Medi- (B) in paragraph (2)— ever, does not provide for use of this care law designed to privatize the pro- (i) in the matter preceding subparagraph valuable information. This bill permits gram directly contributed to the pre- (A), by striking ‘‘two’’ and inserting ‘‘the’’; the FBI to continue to gather convic- (ii) in subparagraph (A), by striking ‘‘and’’ mium increase. at the end; tion data and to make this information My legislation will limit the 2006 available, on a limited basis, to specific (iii) in subparagraph (B), by striking the Part B premium increase to the same period at the end and inserting ‘‘; and’’; and agencies requiring such information in level as the Social Security COLA. (iv) by adding at the end the following: the course of their professional duties. Without this legislation, the Medicare ‘‘(C) identify and remove any impediment It permits agencies to access informa- Part B premium will rise by 13 percent to the immediate investigation of incidents tion in the course of conducting back- to more than $10, to $88.50 a month, in of child abuse in Indian country.’’; and ground checks on those who seek em- 2006. (2) in subsection (b)— ployment in an area involving children. ‘‘Social Security’s COLA will simply (A) by striking paragraph (3) and inserting Finally, the bill authorizes the In- not be enough to cover the increasing the following: dian Health Service to use advances in ‘‘(3) provide for a background investigation costs of living as an older person in for any employee that has access to chil- telemedicine to bring expert advice and America,’’ said George J. Kourpias, training to the examination and diag- dren;’’; and president of the Alliance for Retired (B) in paragraph (6), by striking ‘‘Area Of- nosis of child abuse. This new provision Americans. fice’’ and inserting ‘‘Regional Office’’. recognizes that children, when victim- Adjusting the current premium is a SEC. 3. DEFINITIONS. ized, require immediate and expert di- first step, and one we must take imme- Section 403 of the Indian Child Protection agnosis and treatment. diately. Older Americans have been and Family Violence Prevention Act (25 This section will help supplement struggling for too long under the re- U.S.C. 3202) is amended— stretched or unavailable IHS resources lentless increases in the cost of their (1) by striking paragraph (14); in the most isolated Indian commu- health care and prescription drugs. Ad- (2) by redesignating paragraphs (5) through (13) as paragraphs (6) through (14), respec- nities. This body recently sent a clear ditionally, we should use this year to message on domestic violence and sex- tively; revise an outdated law that has led to ual predators. This bill furthers that (3) by inserting after paragraph (4) the fol- record increase in Medicare premiums message by continuing to protect In- lowing: in the last four years. The promise of ‘‘(5) ‘conviction’, with respect to an of- dian children and families and ensuring Medicare must include protection from fense, means a final judgment of guilty that they continue to receive preven- dramatic increases in the Part B pre- through a verdict by a judge or jury or a plea tion and treatment resources to ad- mium. of guilty or no contest, but does not include dress the impact of these crimes in I urge my colleagues to join me on any final judgment that has been expunged their own communities. I look forward by pardon, reversed, set aside, or otherwise this important piece of legislation. to receiving the comments from the voided;’’; Administration and working with my S. 1900 (4) in paragraph (13) (as redesignated by colleagues toward final passage of this Be it enacted by the Senate and House of Rep- paragraph (2)), by striking ‘‘that agency’’ resentatives of the United States of America in bill. and all that follows through ‘‘Indian tribe’’ Congress assembled, and inserting ‘‘the Federal, State, or tribal I ask unanimous consent that the SECTION 1. SHORT TITLE. agency’’; text of the bill be printed in the This Act may be cited as the ‘‘Keep the (5) in paragraph (14) (as redesignated by RECORD. Promise of Medicare Act of 2006’’. paragraph (2)), by inserting ‘‘(including a SEC. 2. STABILIZATION OF MEDICARE PART B tribal law enforcement agency operating By Ms. STABENOW (for herself, PREMIUM. pursuant to a grant, contract, or compact Mr. HARKIN, Mr. DAYTON, Mr. Section 1839(a)(3) of the Social Security under the Indian Self-Determination and LAUTENBERG, and Mr. CORZINE): Act (42 U.S.C. 1395r(a)(3)) is amended by add- Education Assistance Act (25 U.S.C. 450 et

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.073 S20OCPT1 S11668 CONGRESSIONAL RECORD — SENATE October 20, 2005

seq.))’’ after ‘‘State law enforcement agen- SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUC- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— cy’’; ING CHILD ABUSE. There are authorized to be appropriated such (6) in paragraph (17), by striking ‘‘and’’ at Section 405 of the Indian Child Protection sums as are necessary to carry out this sec- the end; and Family Violence Prevention Act (25 tion for each of fiscal years 2006 through (7) in paragraph (18), by striking the period U.S.C. 3204) is amended to read as follows: 2010.’’. at the end and inserting ‘‘; and’’; and ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO RE- SEC. 10. INDIAN CHILD RESOURCE AND FAMILY (8) by adding at the end the following: DUCING CHILD ABUSE. SERVICES CENTERS. ‘‘(a) STUDY.—The Secretary, in consulta- ‘‘(19) ‘telemedicine’ means a telecommuni- Section 410 of the Indian Child Protection tion with the Attorney General and the cations link to an end user through the use and Family Violence Prevention Act (25 Service, shall conduct a study under which of eligible equipment that electronically U.S.C. 3209) is amended— the Secretary shall identify any impediment links health professionals or patients and (1) in subsection (a), by striking ‘‘area of- to the reduction of child abuse in Indian health professionals at separate sites in fice’’ and inserting ‘‘Regional Office’’; country and on Indian reservations. order to exchange health care information in (2) in subsection (b), by striking ‘‘The Sec- ‘‘(b) INCLUSIONS.—The study under sub- audio, video, graphic, or other format for the retary’’ and all that follows through ‘‘Human section (a) shall include a description of— purpose of providing improved health care Services’’ and inserting ‘‘The Secretary, the ‘‘(1) any impediment to reporting child diagnosis and treatment.’’. Secretary of Health and Human Services, abuse in Indian country and on Indian res- and the Attorney General’’; SEC. 4. REPORTING PROCEDURES. ervations; (3) in subsection (d)— ‘‘(2) any impediment to, or advance in, Section 404 of the Indian Child Protection (A) in paragraph (4), by inserting ‘‘, State,’’ Federal, State, and tribal investigations and and Family Violence Prevention Act (25 after ‘‘Federal’’; and prosecutions of allegations of child abuse in U.S.C. 3203) is amended— (B) in paragraph (5), by striking ‘‘agency Indian country and on Indian reservations; (1) in subsection (c)— office’’ and inserting ‘‘Regional Office’’; and (A) in paragraph (1), by striking ‘‘(1) With- (4) in subsection (e)— ‘‘(3) any impediment to, or advance in, the in’’ and inserting the following: (A) in paragraphs (1) and (2), by striking treatment of child abuse in Indian country ‘‘(1) IN GENERAL.—Not later than’’; and the commas at the ends of the paragraphs and on Indian reservations. (B) in paragraph (2)— and inserting semicolons; ‘‘(c) REPORT.—Not later than 18 months (i) by striking ‘‘(2)(A) Any’’ and inserting after the date of enactment of the Indian (B) by striking paragraph (3) and inserting the following: Child Protection and Family Violence Pre- the following: ‘‘(2) INVESTIGATION OF REPORTS.— vention Act Amendments of 2005, the Sec- ‘‘(3) adolescent mental and behavioral ‘‘(A) IN GENERAL.—Any’’; retary shall submit to the Committees on In- health (including suicide prevention and (ii) in subparagraph (B)— dian Affairs and the Judiciary of the Senate, treatment);’’; (I) by striking ‘‘(B) Upon’’ and inserting and the Committees on Resources and the (C) in paragraph (4), by striking the period the following: Judiciary of the House of Representatives, a at the end and inserting a semicolon; and ‘‘(B) FINAL WRITTEN REPORT.—On’’; and report describing— (D) by adding at the end the following: (II) by inserting ‘‘including any Federal, ‘‘(1) the findings of the study under this ‘‘(5) criminal prosecution; and State, or tribal conviction resulting from the section; and ‘‘(6) medicine.’’; allegation’’ before the period at the end; and ‘‘(2) recommendations for legislative ac- (5) in subsection (f)— (iii) by adding at the end the following: tions to reduce instances of child abuse in (A) in the first sentence, by striking ‘‘The ‘‘(C) MAINTENANCE OF FINAL REPORTS.—The Indian country and on Indian reservations, if Secretary’’ and all that follows through Federal Bureau of Investigation shall main- any.’’. ‘‘Human Services’’ and inserting the fol- tain a record of each written report sub- lowing: SEC. 6. CONFIDENTIALITY. mitted under subsection (b) in a manner in ‘‘(1) ESTABLISHMENT.—The Secretary, in Section 406 of the Indian Child Protection which the report is accessible to— consultation with the Service and the Attor- and Family Violence Prevention Act (25 ‘‘(i) a local law enforcement agency that ney General’’; U.S.C. 3205) is amended to read as follows: requires the information to carry out an offi- (B) in the second sentence— cial duty; and ‘‘SEC. 406. CONFIDENTIALITY. (i) by striking ‘‘Each’’ and inserting the ‘‘(ii) any agency requesting the informa- ‘‘Any Federal, State, or tribal government following tion under section 408. agency that treats or investigates incidents ‘‘(2) MEMBERSHIP.—Each’’; and ‘‘(D) COLLECTION OF DATA.—Not less fre- of child abuse may provide information and (ii) by striking ‘‘shall consist of 7 mem- quently than once each year, the Secretary, records to an officer of any other Federal, bers’’ and inserting ‘‘shall be’’; in consultation with the Attorney General State, or tribal government agency that re- (C) in the third sentence, by striking and any appropriate Indian tribe, shall col- quires the information to carry out the du- ‘‘Members’’ and inserting the following: lect any information not otherwise reported ties of the officer, in accordance with section ‘‘(3) COMPENSATION.—Members’’; and under subsection (b), including information 552a of title 5, United States Code, section (D) in the fourth sentence, by striking relating to, during the preceding calendar 361 of the Public Health Service Act (42 ‘‘The advisory’’ and inserting the following: year— U.S.C. 264), the Family Educational Rights ‘‘(4) DUTIES.—Each advisory’’; ‘‘(i) the number of child abuse allegations and Privacy Act of 1974 (20 U.S.C. 1232g), part (6) in subsection (g)— and investigations in Indian country; C of title XI of the Social Security Act (42 (A) in the first sentence— ‘‘(ii) the number of child abuse prosecu- U.S.C. 1320d et seq.), and other applicable (i) by striking ‘‘Indian Child’’ and inserting tions declined or deferred in Indian country; Federal law.’’. the following: and SEC. 7. WAIVER OF PARENTAL CONSENT. ‘‘(1) IN GENERAL.—Indian Child’’; and ‘‘(iii) the number of acquittals of charges Section 407 of the Indian Child Protection (ii) by adding before the period at the end of child abuse in Indian country.’’; and and Family Violence Prevention Act (25 the following: ‘‘(25 U.S.C. 450 et seq.)’’; (2) by adding at the end the following: U.S.C. 3206) is amended— (B) by striking the second sentence and in- (1) in subsection (a), by inserting ‘‘or foren- ‘‘(e) CONFIDENTIALITY OF CHILDREN.—No serting the following: sic’’ after ‘‘psychological’’; and local law enforcement agency or local child ‘‘(2) CERTAIN REGIONAL OFFICES.— (2) in subsection (c), by striking ‘‘advise’’ ‘‘(A) IN GENERAL.—Except as provided in protective services agency shall disclose the and inserting ‘‘advice’’. subparagraph (B), if a Center is located in a name of or information concerning the child SEC. 8. CHARACTER INVESTIGATIONS. Regional Office of the Bureau that serves to anyone other than any person who, by Section 408(b) of the Indian Child Protec- more than 1 Indian tribe, an application to reason of their participation in the treat- tion and Family Violence Prevention Act (25 enter into a grant, contract, or compact ment of the child, the investigation, or the U.S.C. 3207(b)) is amended by striking under the Indian Self-Determination and adjudication of the allegation, needs to know ‘‘guilty to’’ and all that follows and insert- Education Assistance Act (25 U.S.C. 450 et the information in the performance of the ing the following: ‘‘guilty to, any offense seq.) to operate the Center shall contain a duties of the individual. under Federal, State, or tribal law involv- consent form signed by an official of each In- ing— dian tribe to be served under the grant, con- ‘‘(f) REPORT TO CONGRESS.—Not later than ‘‘(1) a crime of violence; 1 year after the date of enactment of this tract, or compact. ‘‘(2) sexual assault; ‘‘(B) ALASKA REGION.—Notwithstanding subsection, and annually thereafter, the Di- ‘‘(3) child abuse; subparagraph (A), for Centers located in the rector of the Federal Bureau of Investiga- ‘‘(4) exploitation; or Alaska Region, an application to enter into tion, in coordination with the Secretary and ‘‘(5) sexual contact or prostitution.’’. a grant, contract, or compact described in the Attorney General, shall submit to the SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT that subparagraph shall contain a consent Committees on Indian Affairs and the Judici- PROGRAM. form signed by an official of each Indian ary of the Senate, and the Committees on Section 409 of the Indian Child Protection tribe or tribal consortium that is a member Resources and the Judiciary of the House of and Family Violence Prevention Act (25 of a grant, contract, or compact relating to Representatives, a report on child abuse in U.S.C. 3208) is amended by striking sub- an Indian child protection and family vio- Indian country during the preceding year.’’. section (e) and inserting the following: lence prevention program under the Indian

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.074 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11669 Self-Determination and Education Assist- (C) in subparagraph (E), by striking ‘‘or By Mr. LIEBERMAN (for himself, ance Act (25 U.S.C. 450 et seq.).’’; and psychological assistant,’’ and inserting ‘‘psy- Mr. BROWNBACK, Mrs. CLINTON, (C) in the third sentence, by striking ‘‘This chological or psychiatric assistant, or men- Mr. SANTORUM, and Mr. DUR- section’’ and inserting the following: tal or behavioral health professional;’’; BIN): ‘‘(3) EFFECT OF SECTION.—This section’’; (D) in subparagraph (F), by striking S. 1902. A bill to amend the Public and ‘‘child’’ and inserting ‘‘individual’’; (7) by striking subsection (h) and inserting (E) by striking subparagraph (G), and in- Health Service Act to authorize fund- the following: serting the following: ing for the establishment of a program ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(G) foster parent; or’’; and on children and the media within the There are authorized to be appropriated such (F) in subparagraph (H), by striking ‘‘law Centers for Disease Control and Pre- sums as are necessary to carry out this sec- enforcement officer, probation officer’’ and vention to study the role and impact of tion for each of fiscal years 2006 through inserting ‘‘law enforcement personnel, pro- electronic media in the development of 2010.’’. bation officer, criminal prosecutor’’; and children; to the Committee on Health, SEC. 11. INDIAN CHILD PROTECTION AND FAMILY (2) in subsection (c), by striking para- VIOLENCE PREVENTION PROGRAM. Education, Labor, and Pensions. graphs (3) and (4) and inserting the following: Mr. LIEBERMAN. Mr. President, I Section 411 of the Indian Child Protection ‘‘(3) ‘local child protective services agency’ and Family Violence Prevention Act (25 has the meaning given the term in section rise today to introduce, along with U.S.C. 3210) is amended— 403 of the Indian Child Protection and Fam- Senators BROWNBACK, CLINTON, (1) in subsection (c), by striking the sub- ily Violence Prevention Act (25 U.S.C. 3202); SANTORUM, and DURBIN, the Children section heading and inserting ‘‘COORDINATING and and Media Research Advancement Act, INVESTIGATION, TREATMENT, AND PREVENTION ‘‘(4) ‘local law enforcement agency’ has the or CAMRA Act. This bill is essentially OF CHILD ABUSE AND FAMILY VIOLENCE’’; meaning given the term in section 403 of that identical to S. 579, which we introduced (2) by redesignating subsections (f) through Act.’’. (i) as subsections (e) through (h), respec- earlier this year, except that it houses tively; and Mr. DORGAN. Mr. President, I am our program within the Centers for (3) by striking subsection (h) (as redesig- pleased to join the chairman of the Disease Control (CDC) rather than in nated by paragraph (2)) and inserting the fol- Senate Indian Affairs Committee as the National Institute of Child Health lowing: original sponsor of the Indian Child and Human Development. We have re- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Protection and Family Violence Pre- viewed the programs and activities There are authorized to be appropriated such vention Act Amendments of 2005. The within CDC that address issues relating sums as are necessary to carry out this sec- primary goals of the Indian Child Pro- tion for each of fiscal years 2006 through to media’s impact on children, and we 2010.’’. tection and Family Violence Preven- believe that CDC is a logical home for SEC. 12. USE OF TELEMEDICINE. tion Act of 1990, which the legislation our legislation. The Indian Child Protection and Family we introduce today would reauthorize, There is an urgent need to establish Violence Prevention Act (25 U.S.C. 3201 et were to reduce the incidence of child a Federal role for targeting research on seq.) is amended by adding at the end the fol- abuse, and mandate the reporting and the impact of media on children. From lowing: tracking of child abuse in Indian Coun- the cradle to the grave, our children ‘‘SEC. 412. USE OF TELEMEDICINE. try. now live and develop in a world of ‘‘(a) CONTRACTS AND AGREEMENTS.—The The Indian Child Protection and media—a world that is increasingly Service is authorized to enter into any con- Family Violence Prevention Act tract or agreement for the use of telemedi- digital, and a world where access is at cine with a public or private medical univer- Amendments would provide additional their fingertips. This emerging digital sity or facility, or any private practitioner, safeguards for the privacy of informa- world is well known to our children, with experience relating to pediatrics, in- tion about a child; provide more in- but its effects on their development are cluding the diagnosis and treatment of child volvement by the FBI and the Attor- not well understood. Young people abuse, to assist the Service with respect to— ney General in documenting incidents today are spending an average of 6 and ‘‘(1) the diagnosis and treatment of child of child abuse; direct a study to iden- a half hours with media each day. For abuse; or tify impediments to the reduction of those who are under age 6, two hours of ‘‘(2) methods of training Service personnel in diagnosing and treating child abuse. child abuse in Indian Country, as well exposure to screen media each day is ‘‘(b) ADMINISTRATION.—In carrying out sub- as require data collection and annual common, even for those who are under section (a), the Service shall, to the max- reporting to Congress on child abuse in age two. That is about as much time as imum extent practicable— Indian Country; and authorize the In- children under age 6 spend playing out- ‘‘(1) use existing telemedicine infrastruc- dian Health Service to use telemedi- doors, and it is much more time than ture; and cine in connection with examinations they spend reading or being read to by ‘‘(2) give priority to Service units and med- of abused Indian children. their parents. How does this invest- ical facilities operated pursuant to grants, contracts, or compacts under the Indian I particularly appreciate that this re- ment of time affect children’s physical Self-Determination and Education Assist- authorization legislation addresses a development, their cognitive develop- ance Act (25 U.S.C. 450 et seq.) that are lo- related issue about which I have deep ment, or their moral values? Unfortu- cated in, or providing service to, remote concern—the epidemic of youth suicide nately, we still have very limited infor- areas of Indian country or Indian reserva- in many reservation communities. In- mation about how media, particularly tions. dian Country has higher rates of youth the newer interactive media, affect ‘‘(c) INFORMATION AND CONSULTATION.—On suicide, as well as of child abuse, than children’s development. In fact, we receipt of a request, the Service may provide to public and private medical universities, other American population groups. have not charged any Federal agency facilities, and practitioners any information Often, children who attempt suicide with ensuring an ongoing funding base or consultation on the treatment of Indian have been abused by a family or com- to establish a coherent research agenda children who have, or may have, been subject munity member. This bill would au- about the impact of media on chil- to abuse or neglect. thorize professionals trained in behav- dren’s lives. This lack of a coordinated ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ioral health, including suicide preven- government-sponsored effort to under- There are authorized to be appropriated such tion and treatment, to be included on stand the effects of media on children’s sums as are necessary to carry out this section for each of fiscal years 2006 through the staff of regional Indian Child Re- development is truly an oversight on 2010.’’. source and Family Services Centers. our part as the potential payoffs for SEC. 13. CONFORMING AMENDMENTS. Chairman MCCAIN and I are com- this kind of knowledge are enormous. Section 1169 of title 18, United States Code, mitted to providing these additional Consider our current national health is amended— protections for Native American chil- crisis of childhood obesity. The number (1) in subsection (a)(1)— dren. I urge my colleagues to support of U.S. children and teenagers who are (A) in subparagraph (B), by inserting ‘‘or passage of this reauthorization bill, overweight has more than tripled from volunteering for’’ after ‘‘employed by’’; along with adoption of provisions for the 1960’s through 2002. We think that (B) in subparagraph (D)— child abuse prevention and child pro- media exposure is partly the cause of (i) by inserting ‘‘or volunteer’’ after ‘‘child day care worker’’; and tective services that are contained in this epidemic. Is it? Is time spent view- (ii) by striking ‘‘worker in a group home’’ legislation also under consideration to ing screens and its accompanying sed- and inserting ‘‘worker or volunteer in a reauthorize the Indian Health Care Im- entary life styles contributing to child- group home’’; provement Act. hood and adolescent obesity? Or is the

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.074 S20OCPT1 S11670 CONGRESSIONAL RECORD — SENATE October 20, 2005 constant bombardment of advertise- mapping techniques finds that an adult We know that media are important. ments for sugar-coated cereals, snack who sees images of desired products Over the years, we have held numerous foods, and candy that pervade chil- demonstrates patterns of brain activa- hearings in these chambers about how dren’s television advertisements the tion that are typically associated with exposure to media violence affects culprit? How do the newer online forms reaching out with a hand. How does re- childhood aggression. We passed legis- of ‘‘stealth marketing’’, such as peatedly seeing attractive products af- lation to maximize the documented advergaming where food products are fect our children and their developing benefits of exposure to educational embedded in computer games, affect brains? What will happen when our media, such as the Children’s Tele- children’s and adolescents’ purchasing children will be able to click on their vision Act which requires broadcasters patterns? What will happen when pop- television screen and go directly to to provide educational and informa- up advertisements begin to appear on sites that advertise the products that tional television programs for children. children’s cell phones that specifically they see in their favorite programs? Or Can we foster children’s moral values target them for the junk food that they use their cell phones to pay for prod- when they are exposed to prosocial pro- like best at a place where that food is ucts that they want in the immediate grams that foster helping, sharing, and easily obtainable? The answer to the environment? Exactly what kind of cooperating like those that have come obesity and media question is complex. values are we cultivating in our chil- into being as a result of the Children’s A committee at the National Academy dren, and what role does exposure to Television Act? We acted to protect of Sciences is currently charged with media content play in the development our children from unfair commercial studying the link between media adver- of those values? practices by passing the Children On- tising and childhood obesity. Will the A report linked very early television line Privacy Protection Act which pro- National Academy of Sciences panel viewing with later symptoms that are vides safeguards from exploitation for have the data they need to answer this common in children who have atten- our youth as they explore the Internet, important question? A definitive an- tion deficit disorders. However, we a popular pastime for them. Yet the swer has the potential to save a consid- don’t know the direction of the rela- Internet has provided new ways to erable amount of money in other areas tionship. Does television viewing cause reach children with marketing that we of our budget. For example, child attention deficits, or do children who barely know is taking place, making health care costs that are linked to have attention deficits find television our ability to protect our children all childhood obesity issues could be reviewing experiences more engaging the more difficult. We worry about our duced by understanding and altering than children who don’t have attention children’s inadvertent exposure to on- media diets. problems? Or do parents whose children line pornography—about how that kind Or take the Columbine incident. have difficulty sustaining attention let of exposure may undermine their moral After two adolescent boys shot and them watch more television to encour- values and standards of decency. In killed some of their teachers, class- age more sitting and less hyperactive these halls of Congress, we acted to mates, and then turned their guns on behavior? How will Internet experi- protect our children by passing the themselves at Columbine High School, ences, particularly those where chil- Communications Decency Act, the we asked ourselves if media played dren move rapidly across different win- Child Online Protection Act, and the some role in this tragedy. Did these dows, influence attention patterns and Children’s Internet Protection Act to boys learn to kill in part from playing attention problems? Once again, we shield children from exposure to sexu- first-person shooter video games like don’t know the answer. If early tele- ally-explicit online content that is Doom where they acted as a killer? vision exposure does disrupt the devel- deemed harmful to minors. While we Were they rehearsing criminal activi- opment of children’s attention pat- all agree that we need to protect our ties when playing this game? We terns, resulting in their placement in children from online pornography, we looked to the research community for special education programs, actions know very little about how to address an answer. In the violence and media taken to reduce screen exposure during even the most practical of questions area, Congress had passed legislation in the early years could lead to subse- such as how to prevent children from the past so that research was con- quent reductions in children’s need for falling prey to adult strangers who ap- ducted about the relationship between special education classes, thereby sav- proach them online. There are so many media violence and childhood aggres- ing money while fostering children’s areas in which our understanding is sion, and as a result, we knew more. development in positive ways. preliminary at best, particularly in Even though much of this data base We want no child left behind in the those areas that involve the effects of was older and involved the link be- 21st century. Many of us believe that our newer digital media tween exposure to violent television time spent with computers s good for programs and childhood aggression, our children, teaching them the skills In order to ensure that we are doing some answers were forthcoming about that they will need for success in the our very best for our children, the be- how the Columbine tragedy could have 21st century. Are we right? How is time havioral and health recommendations taken place. Even so, there is still a spent with computers different from and public policy decisions we make considerable amount of speculation time spent with television? What are should be based on objective behav- about the more complex questions. the underlying mechanisms that facili- ioral, social, and scientific research. Why did these particular boys, for ex- tate or disrupt children’s learning from Yet no Federal research agency has re- ample, pull the trigger in real life these varying media? Can academic de- sponsibility for oveseeing and setting a while others who played Doom confine velopment be fostered by the use inter- coherent media research agenda that their aggressive acts to the gaming active online programs designed to can guide these policy decisions. In- context? We need to be able to answer teach as they entertain? In the first six stead, federal agencies fund media re- questions about which children under years of life, Caucasian more so than search in a piecemeal fashion, result- what circumstances will translate African American or Latino children ing in a patch work quilt of findings. game playing into real-life lethal ac- have Internet access from their homes. We can do better than that. tions. Investing in media research Can our newer interactive media help The bill we are introducing today could potentially reduce our budgets ensure that no child is left behind or would remedy this problem. The associated with adolescent crime and will disparities in access result in leav- CAMRA Act will provide an over- delinquency as well as reduce real-life ing some behind and not others? arching view of media effects by estab- human misery and suffering. The questions bout how media affect lishing a program devoted to Children Many of us believe that our children the development of our children are and Media within the Centers for Dis- are becoming increasingly material- clearly important, abundant, and com- ease Control. This program of research, istic. Does exposure to commercial ad- plex. Unfortunately, the answers to to be vetted by the National Academy vertising and the ‘‘good life’’ experi- these questions are in short supply. of Sciences, will fund and energize a enced by media characters partly ex- Such gaps in our knowledge base limit coherent program of research that illu- plain materialistic attitudes? We’re our ability to make informed decisions minates the role of media in children’s not sure. Recent research using brain- about media policy. cognitive, social, emotional, physical,

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.081 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11671 and behavioral development. The re- (2) Congress has held hearings over the (b) PURPOSE.—It is the purpose of this Act search will cover all forms of elec- past several decades to examine the impact to enable the Centers for Disease Control and tronic media, including television, of specific types of media products such as Prevention to— movies, DVDs, interactive video games, violent television, movies, and video games (1) examine the role and impact of electronic media in children’s and adolescents’ cell phones, and the Internet, and will on children’s and adolescents’ health and development. These hearings and other public cognitive, social, emotional, physical, and encourage research involving children discussions about the role of media in chil- behavioral development; and of all ages—even babies and toddlers. dren’s and adolescents’ development require (2) provide for a report to Congress con- The bill also calls for a report to Con- behavioral and social science research to in- taining the empirical evidence and other re- gress about the effectiveness of this reform the policy deliberations. sults produced by the research funded search program in filling this void in (3) There are important gaps in our knowl- through grants under this Act. our knowledge base. In order to accom- edge about the role of electronic media and SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF in particular, the newer interactive digital ELECTRONIC MEDIA IN THE DEVEL- plish these goals, we are authorizing OPMENT OF CHILDREN AND ADO- $90 million dollars to be phased in media, in children’s and adolescents’ healthy LESCENTS. gradually across the next five years. development. The consequences of very early Part P of title III of the Public Health The cost to our budget is minimal and screen usage by babies and toddlers on chil- Service Act (42 U.S.C. 280g et seq.) is amend- dren’s cognitive growth are not yet under- ed by adding at the end the following: can well result in significant savings in stood, nor has a research base been estab- other budget areas. ‘‘SEC. 399O. RESEARCH ON THE ROLE AND IM- lished on the psychological consequences of PACT OF ELECTRONIC MEDIA IN Our Nation values the positive, high definition interactive media and other THE DEVELOPMENT OF CHILDREN healthy development of our children. format differences for child and adolescent AND ADOLESCENTS. Our children live in the information viewers. ‘‘(a) IN GENERAL.—The Director of the Cen- age, and our country has one of the (4) Studies have shown that children who ters for Disease Control and Prevention (re- most powerful and sophisticated infor- primarily watch educational shows on tele- ferred to in this section as the ‘Director’) mation technology systems in the vision during their preschool years are sig- shall enter into appropriate arrangements with the National Academy of Science in world. While this system entertains nificantly more successful in school 10 years later even when critical contributors to the collaboration with the Institute of Medicine them, it is not harmless entertain- child’s environment are factored in, includ- to establish an independent panel of experts ment. Media have the potential to fa- ing their household income, parent’s edu- to review, synthesize and report on research, cilitate the healthy growth of our chil- cation, and intelligence. theory, and applications in the social, behav- dren. They also have the potential to (5) The early stages of childhood are a crit- ioral, and biological sciences and to estab- harm. We have a stake in finding out ical formative period for development. Vir- lish research priorities regarding the posi- exactly what that role is. We have a re- tually every aspect of human development is tive and negative roles and impact of elec- sponsibility to take action. Access to affected by the environments and experi- tronic media use, including television, mo- ences that one encounters during his or her tion pictures, DVD’s, interactive video the knowledge that we need for in- games, and the Internet, and exposure to formed decision-making requires us to early childhood years, and media exposure is an increasing part of every child’s social and that content and medium on youth in the make an investment: an investment in physical environment. following core areas of child and adolescent research, an investment in and for our (6) As of the late 1990’s, just before the Na- development: children, an investment in our collec- tional Institute of Child Health and Human ‘‘(1) COGNITIVE.—The role and impact of tive future. The benefits to our youth Development funded 5 studies on the role of media use and exposure in the development and our nation’s families are immeas- sexual messages in the media on children’s of children and adolescents within such cog- urable. and adolescents’ sexual attitudes and sexual nitive areas as language development, attention span, problem solving skills (such as the By passing the Children and Media practices, a review of research in this area found only 15 studies ever conducted in the ability to conduct multiple tasks or Research Advancement Act, we can ad- ‘multitask’), visual and spatial skills, read- vance knowledge and enhance the con- United States on this topic, even during a time of growing concerns about HIV infec- ing, and other learning abilities. structive effects of media while mini- tion. ‘‘(2) PHYSICAL.—The role and impact of mizing the negative ones. We can make (7) In 2001, a National Academy of Sciences media use and exposure on children’s and future media policies that are grounded study group charged with studying Internet adolescents’ physical coordination, diet, ex- in a solid knowledge base. We can be pornography exposure on youth found vir- ercise, sleeping and eating routines, and proactive, rather than reactive. In so tually no literature about how much chil- other areas of physical development. dren and adolescents were exposed to Inter- ‘‘(3) SOCIO-BEHAVIORAL.—The influence of doing, we build a better nation for our interactive media on children’s and adoles- net pornography or how such content im- youth, fostering the kinds of values cents’ family activities and peer relation- pacts their development. that are the backbone of this great na- ships, including indoor and outdoor play (8) In order to develop strategies that tion of ours, and we create a better time, interaction with parents, consumption maximize the positive and minimize the neg- habits, social relationships, aggression, foundation to guide future media poli- ative effects of each medium on children’s prosocial behavior, and other patterns of de- cies about the digital experiences that physical, cognitive, social, and emotional development. pervade our children’s daily lives. velopment, it would be beneficial to develop I ask unanimous consent that the ‘‘(b) PILOT PROJECTS.—During the first a research program that can track the media year in which the National Academy of text of the bill be printed in the habits of young children and their families Sciences panel is summarizing the data and RECORD. over time using valid and reliable research creating a comprehensive research agenda in There being no objection, the bill was methods. the children and adolescents and media area ordered to be printed in the RECORD, as (9) Research about the impact of the media under subsection (a), the Secretary shall pro- follows: on children and adolescents is not presently vide for the conduct of initial pilot projects supported through one primary pro- S. 1902 to supplement and inform the panel in its grammatic effort. The responsibility for di- work. Such pilot projects shall consider the Be it enacted by the Senate and House of Rep- recting the research is distributed across dis- role of media exposure on— resentatives of the United States of America in parate agencies in an uncoordinated fashion, ‘‘(1) cognitive and social development dur- Congress assembled, or is overlooked entirely. The lack of any ing infancy and early childhood; and SECTION 1. SHORT TITLE. centralized organization for research mini- ‘‘(2) the development of childhood and ado- This Act may be cited as the ‘‘Children and mizes the value of the knowledge produced lescent obesity, particularly as a function of Media Research Advancement Act’’ or the by individual studies. A more productive ap- media advertising and sedentary lifestyles ‘‘CAMRA Act’’. proach for generating valuable findings that may co-occur with heavy media diets. SEC. 2. FINDINGS AND PURPOSE. about the impact of the media on children ‘‘(c) RESEARCH PROGRAM.—Upon comple- (a) FINDINGS.—Congress makes the fol- and adolescents would be to establish a sin- tion of the review under subsection (a), the lowing findings: gle, well-coordinated research effort with Director of the Centers for Disease Control (1) Congress has recognized the important primary responsibility for directing the re- and Prevention shall develop and implement role of electronic media in children’s lives search agenda. a program that funds additional research de- when it passed the Children’s Television Act (10) Due to the paucity of research about termined to be necessary by the panel under of 1990 (Public Law 101–437) and the Tele- electronic media, educators and others inter- subsection (a) concerning the role and im- communications Act of 1996 (Public Law 104– ested in implementing electronic media lit- pact of electronic media in the cognitive, 104), both of which documented public con- eracy initiatives do not have the evidence physical, and socio-behavioral development cerns about how electronic media products needed to design, implement, or assess the of children and adolescents with a particular influence children’s development. value of these efforts. focus on the impact of factors such as media

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.083 S20OCPT1 S11672 CONGRESSIONAL RECORD — SENATE October 20, 2005 content, format, length of exposure, age of SUBMITTED RESOLUTIONS Whereas women who have been abused are child or adolescent, and nature of parental much more likely to suffer from chronic involvement. Such program shall include ex- pain, diabetes, depression, unintended preg- tramural and intramural research and shall SENATE RESOLUTION 282—SUP- nancies, substance abuse, and sexually trans- support collaborative efforts to link such re- PORTING THE GOALS AND mitted infections, including HIV/AIDS; search to other Department of Health and Whereas only about 10 percent of primary IDEALS OF NATIONAL DOMESTIC care physicians routinely screen for domes- Human Services research investigations on VIOLENCE AWARENESS MONTH tic violence during new patient visits, and 9 early child health and development. AND EXPRESSING THE SENSE OF percent routinely screen during periodic ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to THE SENATE THAT CONGRESS checkups; receive a grant under this section, an entity SHOULD RAISE AWARENESS OF Whereas each year, about 324,000 pregnant shall— DOMESTIC VIOLENCE IN THE women in the United States are battered by ‘‘(1) prepare and submit to the Director an UNITED STATES AND ITS DEV- the men in their lives, leading to pregnancy application at such time, in such manner, ASTATING EFFECTS OF FAMI- complications, such as low-weight gain, ane- and containing such information as the Di- LIES mia, infections, and first and second tri- rector may require; and mester bleeding; ‘‘(2) agree to use amounts received under Mr. BIDEN (for himself, Mr. ROCKE- Whereas every 2 minutes, someone in the the grant to carry out activities that estab- FELLER, Mr. JOHNSON, Mrs. MURRAY, United States is sexually assaulted; lish or implement a research program relat- Ms. CANTWELL, Mr. LAUTENBERG, Mr. Whereas almost 25 percent of women sur- veyed had been raped or physically assaulted ing to the effects of media on children and BAYH, Mr. KOHL, Mrs. CLINTON, Ms. by a spouse or boyfriend at some point in adolescents pursuant to guidelines developed STABENOW, Mr. CORZINE, Mr. AKAKA, their lives; by the Director relating to consultations Mrs. BOXER, Ms. MIKULSKI, Mr. DAY- Whereas in 2002 alone, 250,000 women and with experts in the area of study. TON, Mr. CORNYN, Mr. SARBANES, Mr. girls older than the age of 12 were raped or ‘‘(e) USE OF FUNDS RELATING TO THE ME- STEVENS, Mr. SPECTER, Mr. LEAHY, Mr. sexually assaulted; DIA’S ROLE IN THE LIFE OF A CHILD OR ADO- TALENT, Mr. KERRY, Mr. BYRD, Mr. Whereas 64 percent of women have reported LESCENT.—An entity shall use amounts re- NELSON of Florida, Mr. KENNEDY, Mr. being raped, physically assaulted, or stalked ceived under a grant under this section to FEINGOLD, and Mr. SALAZAR) submitted since age 18 by their current or former inti- conduct research concerning the social, cog- the following resolution; which was re- mate partner; Whereas 1 out of every 12 women has been nitive, emotional, physical, and behavioral ferred to the Committee on the Judici- ary: stalked in her lifetime; development of children or adolescents as re- Whereas approximately 503,000 women are lated to electronic mass media, including the S. RES. 282 stalked by an intimate partner annually in areas of— Whereas 2005 marks the 11th anniversary of the United States; ‘‘(1) television; the enactment of the Violence Against Whereas the influence of cultural norms, ‘‘(2) motion pictures; Women Act of 1994 (Public Law 103-322, 108 economics, language barriers, and limited ‘‘(3) DVD’s; Stat. 1902); access to legal services and information may ‘‘(4) interactive video games; Whereas since the passage of the Violence render some immigrant women particularly ‘‘(5) the Internet; and Against Women Act of 1994, communities vulnerable to abuse; ‘‘(6) cell phones. have made significant progress in reducing Whereas 1 in 5 adolescent girls in the domestic violence such that between 1993 and United States becomes a victim of physical ‘‘(f) REPORTS.— 2001, the incidents of nonfatal domestic vio- or sexual abuse, or both, in a dating relation- ‘‘(1) REPORT TO DIRECTOR.—Not later than lence fell 49 percent; ship; 12 months after the date of enactment of this Whereas the Violence Against Women Act Whereas 40 percent of girls ages 14 to 17 re- section, the panel under subsection (a) shall of 1994 cost $15.50 per woman to implement, port knowing someone their age who has submit the report required under such sub- and has been estimated to save $159 per been hit or beaten by a boyfriend; section to the Director. woman, totaling a savings of nearly Whereas approximately 8,800,000 children ‘‘(2) REPORT TO CONGRESS.—Not later than $14,800,000,000 since its creation in averted in the United States witness domestic vio- December 31, 2011, the Director shall prepare costs of victimization; lence each year; and submit to the Committee on Health, Whereas since it was created by the Vio- Whereas witnessing domestic violence in- Education, Labor, and Pensions of the Sen- lence Against Women Act of 1994, the Na- creases the risk of developing long-term ate, and Committee on Education and the tional Domestic Violence Hotline has been physical and mental health problems, future Workforce of the House of Representatives a used to answer over 1,000,000 calls; struggles with substance abuse, and experi- report that— Whereas States have passed over 660 State encing domestic abuse as a victim; ‘‘(A) summarizes the empirical evidence laws pertaining to domestic violence, stalk- Whereas a boy who witnesses his father’s and other results produced by the research ing, and sexual assault; domestic violence is 10 times more likely to under this section in a manner that can be Whereas the Violence Against Women Act engage in domestic violence than a boy from understood by the general public; of 1994 has helped make strides toward a nonviolent home; ‘‘(B) places the evidence in context with breaking the cycle of violence, but there re- Whereas almost 37 percent of all women other evidence and knowledge generated by mains much work to be done; who sought care in hospital emergency Whereas the Senate recently passed the Vi- rooms for violence-related injuries were in- the scientific community that address the olence Against Women Act of 2005 which re- jured by a current or former spouse, boy- same or related topics; and authorized critical components of the origi- friend, or girlfriend; ‘‘(C) discusses the implications of the col- nal Act and established additional protec- Whereas the cost of domestic violence, in- lective body of scientific evidence and tions for battered immigrants and victims of cluding rape, physical assault, and stalking, knowledge regarding the role and impact of human trafficking in order to further com- exceeds $5,800,000,000 each year, of which the media on children and adolescents, and bat domestic violence and sexual assault; $4,100,000,000 is spent on direct medical and makes recommendations on how scientific Whereas domestic violence affects women, mental health care services; evidence and knowledge may be used to im- men, and children of all racial, social, reli- Whereas 44 percent of the mayors of the prove the healthy developmental and learn- gious, ethnic, and economic groups in the United States have identified domestic vio- ing capacities of children and adolescents. United States; lence as a primary cause of homelessness; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Whereas protecting the economic security Whereas over 50 percent of abused women There are authorized to be appropriated to of victims can help break the cycle of domes- lose at least 3 days of work per month due to tic violence; domestic violence, 60 percent of battered carry out this section— Whereas abusers frequently seek to control women endure reprimands for arriving late ‘‘(1) $10,000,000 for fiscal year 2006; their partners by actively interfering with to work and displaying other work-related ‘‘(2) $15,000,000 for fiscal year 2007; the ability of their partners to work, includ- problems associated with abuse, and 70 per- ‘‘(3) $15,000,000 for fiscal year 2008; ing by preventing their partners from going cent report difficulties in performing their ‘‘(4) $25,000,000 for fiscal year 2009; and to work and harassing their partners at work due to the effects of domestic violence; ‘‘(5) $25,000,000 for fiscal year 2010.’’. work; Whereas existing statistical data suggests Whereas only 28 States and the District of that forced prostitution, trafficking for sex, Columbia have laws that explicitly provide and sex tourism has increased throughout unemployment insurance to victims of do- the world; mestic violence under certain circumstances; Whereas the need to increase the public Whereas, on average, more than 3 women awareness and understanding of domestic vi- are murdered by their husbands or boy- olence and the needs of battered women and friends in the United States every day; their children continues to exist;

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.075 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11673 Whereas the month of October 2005 has Mr. DURBIN. Mr. President, I am sport, based on commercial endorse- been recognized as National Domestic Vio- pleased to join Senator ALLEN as an ment deals she has accepted. Yet, in lence Awareness Month, a month for activi- original cosponsor in submitting a res- her very first act as a professional golf- ties furthering awareness of domestic vio- er, Michelle donated $500,000 to the lence; and olution recognizing the contributions Whereas the dedication and successes of of Korean Americans and encouraging hurricane relief effort. And, she will those working tirelessly to end domestic vio- the celebration of ‘‘Korean American continue to attend high school where lence and the strength of the survivors of do- Day.’’ she is an honors student. mestic violence should be recognized: Now, On January 13, 1903, a group of 102 Korean Americans have indeed come therefore, be it men, women and children arrived on a long way in their rich one hundred Resolved, That the Senate the shores of Honolulu, HI, after a long year history. In January 2003, Korean (1) supports the goals and ideals of Na- journey across the Pacific Ocean from Americans all across the Nation cele- tional Domestic Violence Awareness Month; Korea. The story of these pioneers is a brated this centennial anniversary. and Leading up to that significant mile- (2) expresses the sense of the Senate that familiar one to all of us who trace our Congress should continue to raise awareness roots to a foreign nation. stone, the United States Senate unani- of domestic violence in the United States Like countless other immigrant mously adopted a resolution during the and its devastating impact on families. groups before them, Koreans came to 107th Congress. To continue recognizing this history f America in search of a better future. Others came to flee a devastating war, of Korean Americans, I believe it is ap- SENATE RESOLUTION 283—RECOG- repressive government, and poverty. propriate to celebrate the 13th day of NIZING THE CONTRIBUTIONS OF They traded in their sweat equity and each January as ‘‘Korean American KOREAN AMERICANS TO THE homesickness for the priceless oppor- Day.’’ The Allen-Durbin resolution UNITED STATES AND ENCOUR- would encourage such a tradition. tunity to achieve better economic and AGING THE CELEBRATION OF I ask my colleagues to support this educational opportunities and freedom ‘‘KOREAN AMERICAN DAY’’ resolution honoring the continuing for themselves and for their families in Mr. ALLEN (for himself and Mr. DUR- contributions of Korean Americans to America. our great Nation. BIN) submitted the following resolu- During the past century, the Korean tion; which was referred to the Com- American population has grown to over f mittee on the Judiciary. one million, and Korean Americans AMENDMENTS SUBMITTED AND S. RES. 283 now live in every single State of our PROPOSED Whereas on January 13, 1903, the arrival of union. Today, they represent one of the SA 2149. Ms. STABENOW proposed an 102 pioneer immigrants to the United States largest Asian American populations in amendment to the bill H.R. 3058, making ap- initiated the first chapter of Korean immi- the Nation. I am proud to note that my propriations for the Departments of Trans- gration to the United States; State of Illinois is home to over 50,000 portation, Treasury, and Housing and Urban Whereas members of the early Korean Development, the Judiciary, District of Co- American community served with distinc- Korean Americans, making it the fourth most populated State for Ko- lumbia, and independent agencies for the fis- tion in the Armed Forces of the United cal year ending September 30, 2006, and for States during World War I, World War II, and rean Americans, according to the 2000 other purposes. the conflict in Korea; census data. SA 2150. Ms. SNOWE (for herself, Mr. Whereas in the early 1950s, thousands of The contributions made by Korean THUNE, Ms. COLLINS, and Mr. JOHNSON) sub- Koreans, fleeing from war, poverty, and deso- Americans to our Nation include nu- mitted an amendment intended to be pro- lation, came to the United States seeking merous achievements in the fields of posed by her to the bill H.R. 3058, supra. opportunities; economics, education, science, archi- SA 2151. Mr. LOTT submitted an amend- Whereas Korean Americans, like waves of ment intended to be proposed by him to the immigrants to the United States before tecture, medicine, athletics, religion, bill H.R. 3058, supra; which was ordered to lie them, have taken root and thrived as a re- and the arts. Their entrepreneurial on the table. sult of strong family ties, robust community spirit and dedication to hard work have SA 2152. Mr. COLEMAN (for himself, Mr. support, and countless hours of hard work; allowed Korean American-owned busi- DAYTON, and Mr. DEWINE) submitted an Whereas the contributions of Korean nesses to become the commercial and amendment intended to be proposed by him Americans to the United States include the economic foundations in countless to the bill H.R. 3058, supra; which was or- invention of the first beating heart operation dered to lie on the table. American cities and counties. The SA 2153. Mr. COBURN submitted an for coronary artery heart disease, develop- unique traditional customs, cultures, ment of the nectarine, a 4-time Olympic gold amendment intended to be proposed by him medalist, and achievements in engineering, and the foods of the ‘‘Land of the to the bill H.R. 3058, supra; which was or- architecture, medicine, acting, singing, Morning Calm’’ have enhanced the mo- dered to lie on the table. SA 2154. Mr. COBURN submitted an sculpture, and writing; saic of our society. amendment intended to be proposed by him Whereas Korean Americans play a crucial Thousands of Korean Americans have to the bill H.R. 3058, supra; which was or- role in maintaining the strength and vitality served in our Armed Services, from the dered to lie on the table. of the United States-Korean partnership; two World Wars to the current wars in SA 2155. Mr. LAUTENBERG (for himself Whereas the centennial year of 2003 Iraq and Afghanistan. They have also and Mr. CORZINE) submitted an amendment marked an important milestone in the now served in public and private ways to intended to be proposed by him to the bill more than 100-year history of Korean immi- enhance the long standing relationship H.R. 3058, supra; which was ordered to lie on gration; and the table. Whereas the Centennial Committees of Ko- between the United States and Korea that is based on our shared economic SA 2156. Mr. LAUTENBERG (for himself rean Immigration and Korean Americans and Mr. CORZINE) submitted an amendment have designated January 13th of each year as and security interests. intended to be proposed by him to the bill ‘‘Korean American Day’’ to memorialize the The 102 pioneers who made that fate- H.R. 3058, supra; which was ordered to lie on more than 100-year journey of Korean Ameri- ful decision to leave their home coun- the table. cans in the United States: Now, therefore, be try in 1902 for Hawaii probably wished SA 2157. Mr. LEAHY (for himself, Mr. it for not much more than a chance to COLEMAN, Mr. SARBANES, Mr. GRAHAM, Mr. Resolved, That the Senate— REED, Ms. SNOWE, Mr. SCHUMER, Mr. OBAMA, (1) supports the goals and ideals of a ‘‘Ko- live on the rich American soil. Never in their wildest imagination could they Mr. KOHL, Mr. DORGAN, Mr. NELSON, of Flor- rean American Day’’; ida, Mr. LAUTENBERG, Mr. LEVIN, Mr. KERRY, (2) commemorates the 103rd anniversary of have known that, a century later, and Mr. JEFFORDS, Mr. DODD, Ms. STABENOW, Mr. the arrival of the first Korean immigrants to just a few miles from where they land- CORZINE, Mr. SALAZAR, Mrs. CLINTON, Mr. the United States; and ed in Honolulu, a sixteen-year-old Ko- DURBIN, Ms. COLLINS, Mrs. FEINSTEIN, Mr. (3) encourages the people of the United rean American girl would announce to VOINOVICH, Mr. KENNEDY, Mr. DEWINE, Mr. States to— an eagerly awaiting world that she SANTORUM, Mr. HARKIN, Mr. ROCKEFELLER, (A) share in such commemoration in order would become a professional golfer. Mr. LIEBERMAN, Mr. DAYTON, Ms. CANTWELL, to greater appreciate the valuable contribu- Michelle Wie’s announcement from Mr. SPECTER, Mr. BINGAMAN, Ms. LANDRIEU, tions Korean Americans have made to the Mr. GRASSLEY, Mr. BAYH, Ms. MIKULSKI, Mr. earlier this month instantly places her United States; and JOHNSON, Mr. CHAFEE, and Mr. TALENT) sub- (B) to observe ‘‘Korean American Day’’ among the most recognizable American mitted an amendment intended to be pro- with appropriate programs, ceremonies, and celebrities, and makes her the third posed by him to the bill H.R. 3058, supra; activities. highest-paid female athlete in any which was ordered to lie on the table.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.077 S20OCPT1 S11674 CONGRESSIONAL RECORD — SENATE October 20, 2005

SA 2158. Mr. ENSIGN (for himself and Mr. SA 2183. Mr. BOND (for Mr. FRIST (for him- of title 5, United States Code, not later than VITTER) proposed an amendment to amend- self, Mrs. DOLE, and Mrs. BOXER)) proposed October 4, 2007. ment SA 2133 proposed by Mr. DORGAN (for an amendment to the bill H.R. 3058, supra. (2) Notwithstanding any other provision of himself, Mr. CRAIG, Mr. ENZI, and Mr. BAU- SA 2184. Mr. BOND (for Mrs. MURRAY) pro- law, during the period beginning on the date CUS) to the bill H. R. 3058, supra. posed an amendment to the bill H.R. 3058, of enactment of this Act and ending October SA 2159. Mr. NELSON, of Florida (for him- supra. 4, 2007, an employee described under para- self and Mr. SMITH) submitted an amendment SA 2185. Mr. BOND proposed an amend- graph (1) may, with the approval of the Ad- intended to be proposed by him to the bill ment to the bill H.R. 3058, supra. ministrator of the Federal Aviation Admin- H.R. 3058, supra; which was ordered to lie on SA 2186. Mr. BOND (for Mr. NELSON, OF istration or the designee of the Adminis- the table. FLORIDA (for himself and Mr. SMITH)) pro- trator, accept an assignment to such con- SA 2160. Mr. GRASSLEY (for himself, Mr. posed an amendment to the bill H.R. 3058, tractor within 14 days after the date of en- DORGAN, and Mr. BOND) proposed an amend- supra. actment of this section. (3) Except as provided in subsection (c), an ment to the bill H.R. 3058, supra. SA 2187. Mr. BOND (for Mr. LOTT (for him- employee appointed under paragraph (1)— SA 2161. Ms. CANTWELL (for herself, Mr. self and Mr. LAUTENBERG)) proposed an (A) shall be a temporary Federal employee COLEMAN, Mr. HARKIN, Mr. BAYH, Mr. LUGAR, amendment to the bill H.R. 3058, supra. for the duration of the assignment; and Mr. DAYTON) submitted an amendment SA 2188. Mr. BOND (for Mr. LAUTENBERG) (B) notwithstanding such temporary sta- intended to be proposed by her to the bill proposed an amendment to the bill H.R. 3058, tus, shall retain previous enrollment or par- H.R. 3058, supra; which was ordered to lie on supra. ticipation in Federal employee benefits pro- the table. SA 2189. Mr. BOND (for Mr. COLEMAN (for grams under chapters 83, 84, 87, and 89 of title SA 2162. Mr. REED submitted an amend- himself, Mr. DAYTON, and Mr. DEWINE)) pro- 5, United States Code; and ment intended to be proposed by him to the posed an amendment to the bill H.R. 3058, (C) shall be considered to have not had a bill H.R. 3058, supra. supra. SA 2163. Mr. HAGEL submitted an amend- break in service for purposes of chapters 83, SA 2190. Mr. BOND (for Mr. COBURN) pro- 84, and sections 8706(b) and 8905(b) of title 5, ment intended to be proposed by him to the posed an amendment to the bill H.R. 3058, bill H.R. 3058, supra; which was ordered to lie United States Code, except no service credit supra. or benefits shall be extended retroactively. on the table. SA 2191. Mr. REED submitted an amend- SA 2164. Mr. SALAZAR submitted an (4) An assignment and temporary appointment intended to be proposed by him to the amendment intended to be proposed by him ment under this section shall terminate on bill H.R. 3058, supra; which was ordered to lie to the bill H.R. 3058, supra; which was or- the earlier of— on the table. dered to lie on the table. (A) October 4, 2007; or SA 2192. Mr. BINGAMAN (for himself and SA 2165. Mr. COBURN submitted an amend- (B) the date on which the employee first Mr. AKAKA) submitted an amendment in- ment intended to be proposed by him to the becomes eligibility for an immediate annu- tended to be proposed by him to the bill H.R. bill H.R. 3058, supra. ity under section 8336(d) or 8414(b) of title 5, SA 2166. Ms. LANDRIEU submitted an 3058, supra; which was ordered to lie on the United States Code. amendment intended to be proposed by her table. (5) Such funds as may be necessary are au- to the bill H.R. 3058, supra; which was or- f thorized for the Federal Aviation Adminis- dered to lie on the table. tration to pay the salary and benefits of an SA 2167. Ms. LANDRIEU submitted an TEXT OF AMENDMENTS employee assigned under this section, but no amendment intended to be proposed by her SA 2149. Ms. STABENOW proposed an funds are authorized to reimburse the em- to the bill H.R. 3058, supra. ploying contractor for the salary and bene- amendment to the bill H.R. 3058, mak- fits of an employee so assigned. SA 2168. Ms. LANDRIEU submitted an ing appropriations for the Departments amendment intended to be proposed by her (b) An employee who is being involuntarily separated as a result of the reorganization of to the bill H.R. 3058, supra. of Transportation, Treasury, and Hous- SA 2169. Ms. CANTWELL submitted an ing and Urban Development, the Judi- the Flight Services Unit following the amendment intended to be proposed by her ciary, District of Columbia, and inde- outsourcing of flight service duties to a contractor, and is eligible to use annual leave to the bill H.R. 3058, supra; which was or- pendent agencies for the fiscal year under the conditions of section 6302(g) of dered to lie on the table. ending September 30, 2006, and for SA 2170. Mr. CARPER submitted an amend- title 5, United States Code, may use such other purposes; as follows: leave to— ment intended to be proposed by him to the (1) qualify for an immediate annuity or to bill H.R. 3058, supra; which was ordered to lie On page 277, line 18, ‘‘strike activities;’’ meet the age or service requirements for an on the table. and insert the following: ‘‘activities; pursu- SA 2171. Mr. CARPER submitted an amend- ant to section 3004(b) of the Exchange Rates enhanced annuity that the employee could ment intended to be proposed by him to the and International Economic Policy Coordi- qualify for under sections 8336, 8412, or 8414; bill H.R. 3058, supra; which was ordered to lie nation Act of 1988 (22 U.S.C. 5304(b)), not to or on the table. exceed $1,000,000 is for the Secretary of the (2) to meet the requirements under section SA 2172. Mr. CARPER submitted an amend- Treasury, in conjunction with the President, 8905(b) of title 5, United States Code, to qual- ment intended to be proposed by him to the to implement said subsection as it pertains ify to continue health benefits coverage bill H.R. 3058, supra; which was ordered to lie to governments and trade violations involv- after retirement from service. on the table. ing currency manipulation and other trade (c)(1) Nothing in this section shall— SA 2173. Mr. COLEMAN (for himself, Mr. violations;’’. (A) affect the validity or legality of the re- LEVIN, Mr. AKAKA, and Mr. CARPER) sub- duction-in-force actions of the Federal Avia- mitted an amendment intended to be pro- SA 2150. Ms. SNOWE (for herself, Mr. tion Administration effective October 3, 2005; posed by him to the bill H.R. 3058, supra. THUNE, Ms. COLLINS, and Mr. JOHNSON) or SA 2174. Mr. BOND (for himself and Mrs. submitted an amendment intended to (B) create any individual rights of actions MURRAY) proposed an amendment to the bill regarding such reduction-in-force or any be proposed by her to the bill H.R. 3058, other actions related to or arising under the H.R. 3058, supra. making appropriations for the Depart- SA 2175. Mr. BOND (for himself and Mrs. competitive sourcing of flight services. MURRAY) proposed an amendment to the bill ments of Transportation, Treasury, (2) An employee subject to this section H.R. 3058, supra. and Housing and Urban Development, shall not be— SA 2176. Mr. BOND (for himself and Mrs. the Judiciary, District of Columbia, (A) covered by chapter 71 of title 5, United MURRAY) proposed an amendment to the bill and independent agencies for the fiscal States Code, while on the assignment au- H.R. 3058, supra. year ending September 30, 2006, and for thorized by this section; or (B) subject to section 208 of title 18, United SA 2177. Mr. BOND proposed an amend- other purposes; as follows: ment to the bill H.R. 3058, supra. States Code. SA 2178. Mr. BOND (for Mr. REID) proposed At the appropriate place, insert the fol- (3) Temporary employees assigned under an amendment to the bill H.R. 3058, supra. lowing: this section shall not be Federal employees SA 2179. Mr. BOND (for Mr. DURBIN (for SEC. ll.(a)(1) This section shall apply to for purposes of chapter 171 of title 28, United himself and Mr. OBAMA)) proposed an amend- an employee of the Federal Aviation Admin- States Code (commonly referred to as the ment to the bill H.R. 3058, supra. istration, who— Federal Tort Claims Act). Chapter 171 of SA 2180. Mr. BOND (for Mrs. MURRAY) pro- (A) would be involuntarily separated as a title 28, United States Code (commonly re- posed an amendment to the bill H.R. 3058, result of the reorganization of the Flight ferred to as the Federal Tort Claims Act) and supra. Services Unit following the outsourcing of any other Federal tort liability statute shall SA 2181. Mr. STEVENS (for himself, Ms. flight service duties to a contractor; not apply to an employee who is assigned to MURKOWSKI, and Mr. FRIST) submitted an (B) was not eligible by October 3, 2005 for a contractor under subsection (a). amendment intended to be proposed by him an immediate annuity under a Federal re- to the bill H.R. 3058, supra. tirement system; and SA 2151. Mr. LOTT submitted an SA 2182. Mr. LEVIN submitted an amend- (C) assuming continued Federal employ- amendment intended to be proposed by ment intended to be proposed by him to the ment, would attain eligibility for an imme- him to the bill H.R. 3058, making ap- bill H.R. 3058, supra. diate annuity under section 8336(d) or 8414(b) propriations for the Departments of

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.079 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11675 Transportation, Treasury, and Housing Sec. 304. Federal rail policy. (F) For fiscal year 2011, $193,500,000. and Urban Development, the Judiciary, Sec. 305. Rail cooperative research program. (2) INTEREST ON DEBT.—There are authorized to be appropriated to the Secretary of District of Columbia, and independent TITLE IV—PASSENGER RAIL SECURITY AND SAFETY Transportation for the use of Amtrak for the agencies for the fiscal year ending Sep- payment of interest on loans for capital Sec. 401. Systemwide Amtrak security up- tember 30, 2006, and for other purposes; equipment, or capital leases, the following grades. which was ordered to lie on the table; amounts: as follows: Sec. 402. Fire and life-safety improvements. (A) For fiscal year 2006, $148,100,000. Sec. 403. Amtrak plan to assist families of On page 250, line 9, strike the colon, and all (B) For fiscal year 2007, $141,500,000. passengers involved in rail pas- (C) For fiscal year 2008, $133,800,000. through line 17 on page 252 and insert the fol- senger accidents. (D) For fiscal year 2009, $124,000,000. lowing: ’’. Sec. 404. Northern border rail passenger re- (E) For fiscal year 2010, $113,900,000. DIVISION—AMTRAK port. (F) For fiscal year 2011, $103,800,000. SECTION 1. SHORT TITLE. Sec. 405. Passenger, baggage, and cargo (3) EARLY BUYOUT OPTION.—There are au- This division may be cited as the ‘‘Pas- screening. thorized to be appropriated to the Secretary of Transportation such sums as may be nec- senger Rail Investment and Improvement TITLE V—RAIL BOND AUTHORITY Act of 2005’’. essary for the use of Amtrak for the pay- Sec. 501. Intercity rail facility bonds. ment of costs associated with early buyout SEC. 2. AMENDMENT OF TITLE 49, UNITED TITLE I—AUTHORIZATIONS options if the exercise of those options is de- STATES CODE. termined to be advantageous to Amtrak. Except as otherwise specifically provided, SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL (4) LEGAL EFFECT OF PAYMENTS UNDER THIS whenever in this division an amendment is AND OPERATING EXPENSES AND STATE CAPITAL GRANTS. SECTION.—The payment of principal and in- expressed in terms of an amendment to a terest on secured debt, with the proceeds of section or other provision of law, the ref- (a) OPERATING GRANTS.—There are author- grants authorized by this section shall not— erence shall be considered to be made to a ized to be appropriated to the Secretary of Transportation for the use of Amtrak for op- (A) modify the extent or nature of any in- section or other provision of title 49, United debtedness of the National Railroad Pas- States Code. erating costs the following amounts: (1) For fiscal year 2006, $580,000,000. senger Corporation to the United States in SEC. 3. TABLE OF CONTENTS. (2) For fiscal year 2007, $590,000,000. existence of the date of enactment of this The table of contents for this division is as (3) For fiscal year 2008, $600,000,000. Act; follows: (4) For fiscal year 2009, $575,000,000. (B) change the private nature of Amtrak’s Sec. 1. Short title. (5) For fiscal year 2010, $535,000,000. or its successors’ liabilities; or Sec. 2. Amendment of title 49, United States (6) For fiscal year 2011, $455,000,000. (C) imply any Federal guarantee or com- Code. (b) CAPITAL GRANTS.—There are authorized mitment to amortize Amtrak’s outstanding Sec. 3. Table of contents. to be appropriated to the Secretary of Trans- indebtedness. TITLE I—AUTHORIZATIONS portation for the use of Amtrak to bring the SEC. 104. EXCESS RAILROAD RETIREMENT. Sec. 101. Authorization for Amtrak capital Northeast Corridor as defined in section There are authorized to be appropriated to and operating expenses and 24102(a) to a state-of-good-repair, for capital the Secretary of Transportation, beginning State capital grants. expenses of the national railroad passenger with fiscal year 2006, such sums as may be Sec. 102. Authorization for the Federal Rail- transportation system, and for purposes of necessary to pay to the Railroad Retirement road Administration. making capital grants to states under sec- Account an amount equal to the amount Sec. 103. Repayment of long-term debt and tion 301 of this Act, the following amounts: Amtrak must pay under section 3221 of the capital leases. (1) For fiscal year 2006, $813,000,000. Internal Revenue Code of 1986 in such fiscal Sec. 104. Excess railroad retirement. (2) For fiscal year 2007, $910,000,000. years that is more than the amount needed Sec. 105. Other authorizations. (3) For fiscal year 2008, $1,071,000,000. for benefits for individuals who retire from TITLE II—AMTRAK REFORM AND OPERATIONAL (4) For fiscal year 2009, $1,096,000,000. Amtrak and for their beneficiaries. For each IMPROVEMENTS (5) For fiscal year 2010, $1,191,000,000. fiscal year in which the Secretary makes such a payment, the amounts authorized by Sec. 201. National railroad passenger trans- (6) For fiscal year 2011, $1,231,000,000. section 101(a) shall be reduced by an amount portation system defined. (c) AMOUNTS FOR STATE GRANTS.—Out of equal to such payment. Sec. 202. Amtrak Board of Directors. the amounts authorized under subsection (b), Sec. 203. Establishment of improved finan- the following percentage shall be available SEC. 105. OTHER AUTHORIZATIONS. There are authorized to be appropriated to cial accounting system. each fiscal year for capital grants to States Sec. 204. Development of 5-year financial under section 301 of this Act, to be adminis- the Secretary of Transportation— (1) $5,000,000 for each of fiscal years 2006 plan. tered by the Secretary of Transportation: through 2011 to carry out the rail coopera- Sec. 205. Establishment of grant process. (1) 3 percent for fiscal year 2006. tive research program under section 24910 of Sec. 206. State-supported routes. (2) 11 percent for fiscal year 2007. Sec. 207. Independent auditor to establish (3) 23 percent for fiscal year 2008. title 49, United States Code; (2) $5,000,000 for fiscal year 2006, to remain methodologies for Amtrak (4) 25 percent for fiscal year 2009. available until expended, for grants to Am- route and service planning deci- (5) 31 percent for fiscal year 2010. trak and States participating in the Next sions. (6) 33 percent for fiscal year 2011. Generation Corridor Train Equipment Pool Sec. 208. Metrics and standards. (d) PROJECT MANAGEMENT OVERSIGHT.—The Committee established under section 303 of Sec. 209. Passenger train performance. Secretary may withhold up to 1⁄2 of 1 percent this Act for the purpose of designing, devel- Sec. 210. Long distance routes. of amounts appropriated pursuant to sub- Sec. 211. Alternate passenger rail service section (b) for the costs of project manage- oping specifications for, and initiating the program. ment oversight of capital projects carried procurement of an initial order of 1 or more Sec. 212. Employee transition assistance. out by Amtrak. types of standardized next-generation corridor train equipment and establishing a Sec. 213. Northeast Corridor state-of-good- SEC. 102. AUTHORIZATION FOR THE FEDERAL repair plan. RAILROAD ADMINISTRATION. jointly-owned corporation to manage that Sec. 214. Northeast Corridor infrastructure There are authorized to be appropriated to equipment; and (3) $2,000,000 for fiscal year 2007, for the use and operations improvements. the Secretary of Transportation for the use of Amtrak in conducting the evaluation re- Sec. 215. Restructuring long-term debt and of the Federal Railroad Administration such quired by section 216 of this Act. capital leases. sums as necessary to implement the provi- Sec. 216. Study of compliance requirements sions required under this division for fiscal TITLE II—AMTRAK REFORM AND at existing intercity rail sta- years 2006 through 2011. OPERATIONAL IMPROVEMENTS tions. SEC. 103. REPAYMENT OF LONG-TERM DEBT AND SEC. 201. NATIONAL RAILROAD PASSENGER Sec. 217. Incentive pay. CAPITAL LEASES. TRANSPORTATION SYSTEM DE- FINED. Sec. 218. Access to Amtrak equipment and (a) AMTRAK PRINCIPAL AND INTEREST PAY- (a) IN GENERAL.—Section 24102 is amend- services. MENTS.— Sec. 219. General Amtrak provisions. ed— (1) PRINCIPAL ON DEBT SERVICE.—There are (1) by striking paragraph (2); Sec. 220. Private sector funding of passenger authorized to be appropriated to the Sec- trains. (2) by redesignating paragraphs (3) , (4) , retary of Transportation for the use of Am- and (5) as paragraphs (2), (3), and (4), respec- Sec. 221. On-board service improvements. trak for retirement of principal on loans for Sec. 222. Management accountability. tively; and capital equipment, or capital leases, not (3) by inserting after paragraph (4) as so re- TITLE III—INTERCITY PASSENGER RAIL POLICY more than the following amounts: designated the following: Sec. 301. Capital assistance for intercity pas- (A) For fiscal year 2006, $130,200,000. ‘‘(5) ‘national rail passenger transportation senger rail service. (B) For fiscal year 2007, $140,700,000. systems’ means— Sec. 302. State rail plans. (C) For fiscal year 2008, $156,000,000. ‘‘(A) the segment of the Northeast Corridor Sec. 303. Next generation corridor train (D) For fiscal year 2009, $183,800,000. between Boston, Massachusetts, and Wash- equipment pool. (E) For fiscal year 2010, $156,100,000. ington, D.C.;

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.109 S20OCPT1 S11676 CONGRESSIONAL RECORD — SENATE October 20, 2005 ‘‘(B) rail corridors that have been des- ographic regions of the United States served tions, to the Senate Committee on Com- ignated by the Secretary of Transportation by Amtrak. merce, Science, and Transportation and the as high-speed corridors (other than corridors ‘‘(3) An individual appointed under para- House of Representatives Committee on described in subparagraph (A)), but only graph (l)(C) of this subsection serves for 5 Transportation and Infrastructure. after they have been improved to permit op- years or until the individual’s successor is SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL eration of high-speed service; appointed and qualified. Not more than 4 in- PLAN. ‘‘(C) long-distance routes of more than 750 dividuals appointed under paragraph (l)(C) (a) DEVELOPMENT OF 5-YEAR FINANCIAL miles between endpoints operated by Amtrak may be members of the same political party. PLAN.—The Amtrak Board of Directors shall as of the date of enactment of the Passenger ‘‘(4) The Board shall elect a chairman and submit an annual budget and business plan Rail Investment and Improvement Act of a vice chairman from among its membership. for Amtrak, and a 5-year financial plan for 2005; and The vice chairman shall serve as chairman in the fiscal year to which that budget and ‘‘(D) short-distance corridors, or routes of the absence of the chairman. business plan relate and the subsequent 4 not more than 750 miles between endpoints, ‘‘(5) The Secretary may be represented at years, prepared in accordance with this sec- operated by— board meetings by the Secretary’s designee. tion, to the Secretary of Transportation and ‘‘(i) Amtrak; or ‘‘(6) The voting privileges of the President the Inspector General of the Department of ‘‘(ii) another rail carrier that receives can be changed by a unanimous decision of Transportation no later than— funds under chapter 244.’’. the Board. (1) the first day of each fiscal year begin- (b) AMTRAK ROUTES WITH STATE FUNDING.— ‘‘(b) PAY AND EXPENSES.—Each director not ning after the date of enactment of this Act; (1) IN GENERAL.—Chapter 247 is amended by employed by the United States Government or inserting after section 24701 the following: is entitled to $300 a day when performing (2) the date that is 60 days after the date of Board duties. Each Director is entitled to re- ‘‘§ 24702. Transportation requested by States, enactment of an appropriation Act for the imbursement for necessary travel, reason- authorities, and other persons fiscal year, if later. able secretarial and professional staff sup- (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— ‘‘(a) CONTRACTS FOR TRANSPORTATION.— port, and subsistence expenses incurred in The 5-year financial plan for Amtrak shall Amtrak may enter into a contract with a attending Board meetings. include, at a minimum— State, a regional or local authority, or an- ‘‘(c) VACANCIES.—A vacancy on the Board (1) all projected revenues and expenditures other person for Amtrak to operate an inter- is filled in the same way as the original se- for Amtrak, including governmental funding city rail service or route not included in the lection, except that an individual appointed sources; national rail passenger transportation sys- by the President of the United States under (2) projected ridership levels for all Am- tem upon such terms as the parties thereto subsection (a)(l)(C) of this section to fill a trak passenger operations; my agree. vacancy occurring before the end of the term (3) revenue and expenditure forecasts for ‘‘(b) DISCONTINUANCE.—Upon termination for which the predecessor of that individual non-passenger operations; of a contract entered into under this section, was appointed is appointed for the remainder (4) capital funding requirements and ex- or the cessation of financial support under of that term. A vacancy required to be filled penditures necessary to maintain passenger such a contract by either party, Amtrak by appointment under subsection (a) (l)(C) service which will accommodate predicted may discontinue such service or route, not- must be filled not later than 120 days after ridership levels and predicted sources of cap- withstanding any other provision of law.’’. the vacancy occurs. ital funding; (5) operational funding needs, if any, to (2) CONFORMING AMENDMENT.—The chapter ‘‘(d) QUORUM.—A majority of the members analysis for chapter 247 is amended by in- serving shall constitute a quorum for doing maintain current and projected levels of pas- serting after the item relating to section business. senger service, including state-supported 24701 the following: ‘‘(e) BYLAWS.—The Board may adopt and routes and predicted funding sources; ‘‘24702. Transportation requested by States, amend bylaws governing the operation of (6) projected capital and operating require- authorities, and other persons’’. Amtrak. The bylaws shall be consistent with ments, ridership, and revenue for any new passenger service operations or service ex- (c) AMTRAK TO CONTINUE TO PROVIDE NON- this part and the articles of incorporation.’’. pansions; HIGH-SPEED SERVICES.—Nothing in this divi- (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- (7) an assessment of the continuing finan- sion is intended to preclude Amtrak from re- SION.—The amendment made by subsection cial stability of Amtrak, as indicated by fac- storing, improving, or developing non-high- (a) shall take effect on January 1, 2006. The tors such as the ability of the Federal gov- speed intercity passenger rail service. members of the Amtrak Board serving on the ernment to fund capital and operating re- (d) APPLICABILITY OF SECTION 24706.—Sec- date of enactment of this Act may continue quirements adequately, Amtrak’s ability to tion 24706 is amended by adding at the end to serve for the remainder of the term to efficiently manage its workforce, and Am- the following: which they were appointed. trak’s ability to effectively provide pas- ‘‘(c) APPLICABILITY.—This section applies SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- senger train service; to all service over routes provided by Am- CIAL ACCOUNTING SYSTEM. (8) estimates of long-term and short-term trak, notwithstanding any provision of sec- (a) IN GENERAL.—The Amtrak Board of Di- debt and associated principle and interest tion 24701 of this title or any other provision rectors— payments (both current and anticipated); of this title except section 24702(b).’’. (1) may employ an independent financial (9) annual cash flow forecasts; SEC. 202. AMTRAK BOARD OF DIRECTORS. consultant with experience in railroad ac- (10) a statement describing methods of es- (a) IN GENERAL.—Section 24302 is amended counting to assist Amtrak in improving Am- timation and significant assumptions; to read as follows: trak’s financial accounting and reporting (11) specific measures that demonstrate system and practices; and ‘‘§ 24302. Board of directors measurable improvement year over year in (2) shall implement a modern financial ac- Amtrak’s ability to operate with reduced ‘‘(a) COMPOSITION AND TERMS.— counting and reporting system that will Federal operating assistance; and (1) The Board of Directors of Amtrak is produce accurate and timely financial infor- (12) capital and operating expenditures for composed of the following 9 directors, each mation in sufficient detail— anticipated security needs. of whom must be a citizen of the United (A) to enable Amtrak to assign revenues (c) STANDARDS TO PROMOTE FINANCIAL STA- States: and expenses appropriately to each of its BILITY.—In meeting the requirements of sub- ‘‘(A) The Secretary of Transportation. lines of business and to each major activity section (b), Amtrak shall— ‘‘(B) The President of Amtrak, who shall within each line of business activity, includ- (1) apply sound budgetary practices, in- serve ex officio, as a non-voting member. ing train operations, equipment mainte- cluding reducing costs and other expendi- ‘‘(C) 7 individuals appointed by the Presi- nance, ticketing, and reservations; tures, improving productivity, increasing dent of the United States, by and with the (B) to aggregate expenses and revenues re- revenues, or combinations of such practices; advice and consent of the Senate, with gen- lated to infrastructure and distinguish them (2) use the categories specified in the fi- eral business and financial experience, expe- from expenses and revenues related to rail nancial accounting and reporting system de- rience or qualifications in transportation, operations; veloped under section 203 when preparing its freight and passenger rail transportation, (C) to allow the analysis of ticketing and 5-year financial plan; and travel, hospitality, cruise line, and passenger reservation information on a real-time basis; (3) ensure that the plan is consistent with air transportation businesses, or representa- (D) to provide Amtrak cost accounting the authorizations of appropriations under tives of employees or users of passenger rail data; and title I of this division. transportation or State government. (E) to allow financial analysis by route and (d) ASSESSMENT BY DOT INSPECTOR GEN- ‘‘(2) In selecting individuals described in service. ERAL.— paragraph (1) for nominations for appoint- (b) VERIFICATION OF SYSTEM; REPORT.—The (1) IN GENERAL.—The Inspector General of ments to the Board, the President shall con- Inspector General of the Department of the Department of Transportation shall as- sult with the Speaker of the House of Rep- Transportation shall review the accounting sess the 5-year financial plans prepared by resentatives, the Minority Leader of the system designed and implemented under sub- Amtrak under this section to determine House of Representatives, the Majority section (a) to ensure that it accomplishes the whether they meet the requirements of sub- Leader of the Senate, and the Minority Lead- purposes for which it is intended. The Inspec- section (b), and may suggest revisions to any er of the Senate and try to provide adequate tor General shall report his findings and con- components thereof that do not meet those and balanced representation of the major ge- clusions, together with any recommenda- requirements.

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(2) ASSESSMENT TO BE FURNISHED TO THE incurred for the common benefit of more (e) PIONEER ROUTE.—Within 2 years after CONGRESS.—The Inspector General shall fur- than 1 route. the date of enactment of this Act, Amtrak nish to the House of Representatives Com- (b) REVIEW.—If Amtrak and the States (in- shall conduct a 1-time evaluation of the Pio- mittee on Appropriations, the Senate Com- cluding the District of Columbia) in which neer Route formerly operated by Amtrak to mittee on Appropriations, the House of Rep- Amtrak operates such routes do not volun- determine, using methodologies adopted resentatives Committee on Transportation tarily adopt and implement the methodology under subsection (c), whether a level of pas- and Infrastructure, and the Senate Com- developed under subsection (a) in allocating senger demand exists that would warrant mittee on Commerce, Science, and Transpor- costs and determining compensation for the consideration of reinstating the entire Pio- tation— provision of service in accordance with the neer Route service or segments of that serv- (A) an assessment of the annual budget date established therein, the Surface Trans- ice. within 90 days after receiving it from Am- portation Board shall determine the appro- SEC. 208. METRICS AND STANDARDS. trak; and priate methodology required under sub- (a) IN GENERAL.—Within 180 days after the (B) an assessment of the remaining 4 years section (a) for such services in accordance date of enactment of this Act, the Adminis- of the 5-year financial plan within 180 days with the procedures and procedural schedule trator of the Federal Railroad Administra- after receiving it from Amtrak. applicable to a proceeding under section tion and Amtrak shall jointly, in consulta- SEC. 205. ESTABLISHMENT OF GRANT PROCESS. 24904(c) of title 49, United States Code, and tion with the Surface Transportation Board, (a) GRANT REQUESTS.—Amtrak shall sub- require the full implementation of this rail carriers over whose rail lines Amtrak mit grant requests (including a schedule for methodology with regards to the provision of trains operate, States, and Amtrak employ- the disbursement of funds), consistent with such service within 1 year after the Board’s ees, as appropriate, develop new or improve the requirements of this division, to the Sec- determination of the appropriate method- existing metrics and minimum standards for retary of Transportation for funds author- ology. measring the performance and service qual- ized to be appropriated to the Secretary for (c) USE OF CHAPTER 244 FUNDS.—Funds pro- ity of intercity train operations, including the use of Amtrak under sections 101(a) and vided to a State under chapter 244 of title 49, cost recovery, on-time performance and min- (b), 103, and 105. United States Code, may be used, as provided utes of delay, ridership, on-board services, (b) PROCEDURES FOR GRANT REQUESTS.— in that chapter, to pay capital costs deter- stations, facilities, equipment, and other The Secretary shall establish substantive mined in accordance with this section. services. Such metrics, at a minimum, shall and procedural requirements, including SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH include the percentage of avoidable and fully schedules, for grant requests under this sec- METHODOLOGIES FOR AMTRAK allocated operating costs covered by pas- tion not later than 30 days after the date of ROUTE AND SERVICE PLANNING DE- senger revenues on each route, ridership per CISIONS. enactment of this Act and shall transmit train mile operated, measures of on-time (a) METHODOLOGY DEVELOPMENT.—The Fed- copies to the Senate Committee on Com- performance and delays incurred by intercity eral Railroad Administration shall obtain merce, Science, and Transportation and the trains on the rail lines of each rail carrier the services of an independent auditor or House of Representatives Committee on and, for long distance routes, measures of consultant to develop and recommend objec- Transportation and Infrastructure. connectivity with other routes in all regions tive methodologies for determining intercity (c) REVIEW AND APPROVAL. currently receiving Amtrak service and the passenger routes and services, including the (1) 30-DAY APPROVAL PROCESS.—The Sec- transportation needs of communities and establishment of new routes, the elimination retary shall complete the review of a com- populations that are not well-served by other of existing routes, and the contraction or ex- plete grant request (including the disburse- forms of public transportation. Amtrak shall pansion of services or frequencies over such ment schedule) and approve or disapprove provide reasonable access to the Federal routes. In developing such methodologies, the request within 30 days after the date on Railroad Administration in order to enable which Amtrak submits the grant request. If the auditor or consultant shall consider— (1) the current or expected performance the Administration to carry out its duty the Secretary disapproves the request or de- and service quality of intercity train oper- under this section. termines that the request is incomplete or (b) QUARTERLY REPORTS.—The Adminis- ations, including cost recovery, on-time per- deficient, the Secretary shall include the trator of the Federal Railroad Administra- formance and minutes of delay, ridership, reason for disapproval or the incomplete tion shall collect the necessary data and on-board services, stations, facilities, equip- items or deficiencies in the notice to Am- publish a quarterly report on the perform- ment, and other services; trak. (2) connectivity of a route with other ance and service quality of intercity train (2) 15-DAY MODIFICATION PERIOD.—Within 15 routes; operations, including cost recovery, rider- days after receiving notification from the (3) the transportation needs of commu- ship, on-time performance and minutes of Secretary under the preceding sentence, Am- nities and populations that are not well delay, causes of delay, on-board services, sta- trak shall submit a modified request for the served by other forms of public transpor- tions, facilities, equipment, and other serv- Secretary’s review. tation; ices. (3) REVISED REQUESTS.—Within 15 days (4) Amtrak’s and other major intercity (c) CONTRACT WITH HOST RAIL CARRIERS.— after receiving a modified request from Am- passenger rail service providers in other To the extent practicable, Amtrak and its trak, the Secretary shall either approve the countries’ methodologies for determining host rail carriers shall incorporate the modified request, or, if the Secretary finds intercity passenger rail routes and services; metrics and standards developed under sub- that the request is still incomplete or defi- and section (a) into their access and service cient, the Secretary shall identify in writing (5) the views of the States and other inter- agreements. to the Senate Committee on Commerce, ested parties. SEC. 209. PASSENGER TRAIN PERFORMANCE. Science, and Transportation and the House (b) SUBMITTAL TO CONGRESS.—The auditor (a) IN GENERAL.—Section 24308 is amended of Representatives Committee on Transpor- or consultant shall submit recommendations by adding at the end the following: tation and Infrastructure the remaining defi- developed under subsection (a) to Amtrak, ‘‘(f) PASSENGER TRAIN PERFORMANCE AND ciencies and recommend a process for resolv- the House of Representatives Committee on OTHER STANDARDS.— ing the outstanding portions of the request. Transportation and Infrastructure, and the ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- SEC. 206. STATE-SUPPORTED ROUTES. Senate Committee on Commerce, Science, FORMANCE.—If the on-time performance of (a) IN GENERAL.—Within 2 years after the and Transportation. any intercity passenger train averages less date of enactment of this Act, the Board of (c) CONSIDERATION OF RECOMMENDATIONS.— than 80 percent for any 2 consecutive cal- Directors of Amtrak, in consultation with Within 90 days after receiving the rec- endar quarters, or the service quality of the Secretary of Transportation and the gov- ommendations developed under subsection intercity train operations for which min- ernors of each State and the Mayor of the (a) by the independent auditor or consultant, imum standards are established under sec- District of Columbia or groups representing the Amtrak Board shall consider the adoption 208 of the Passenger Rail Investment those officials, shall develop and implement tion of those recommendations. The Board and Improvement Act of 2005 fails to meet a standardized methodology for establishing shall transmit a report to the Senate Com- those standards for 2 consecutive calendar and allocating the operating and capital mittee on Commerce, Science, and Transpor- quarters, the Surface Transportation Board costs among the States and Amtrak associ- tation and the House of Representatives shall investigate whether, and to what ex- ated with trains operated on routes described Committee on Transportation and Infra- tent, delays or failure to achieve minimum in section 24102(5)(B) or (D) or section 24702 structure explaining its action in adopting standards are due to causes that could rea- that— or failing to adopt any of the recommenda- sonably be, addressed by a rail carrier over (1) ensures, within 5 years after the date of tions. the tracks of which the intercity passenger enactment of this Act, equal treatment in (d) AUTHORIZATION OF APPROPRIATIONS.— train operates or reasonably addressed by the provision of like services of all States There are authorized to be made available to the intercity passenger rail operator. In car- and groups of States (including the District the Secretary of Transportation, out of any rying out such an investigation, the Board of Columbia); and amounts authorized by this division to be ap- shall obtain information from all parties in- (2) allocates to each route the costs in- propriated for the benefit of Amtrak and not volved and make recommendations regard- curred only for the benefit of that route and otherwise obligated or expended, such sums ing reasonable measures to improve the serv- a proportionate share, based upon factors as may be necessary to carry out this sec- ice, quality,’ and on-time performance of the that reasonably reflect relative use, of costs tion. train.

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‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- ‘‘(2) beginning in fiscal year 2008 for those and requirements, and the terms of work for RIER.—If the Board determines that delays or routes identified as being in the second best prospective and current employees of the failures to achieve minimum standards in- performing third under subsection (a)(3); and bidder for the service outlined in the bid, and vestigated under paragraph (1) are attrib- ‘‘(3) beginning in fiscal year 2009 for those such staffing plan would be made available utable to a rail carrier’s failure to provide routes identified as being in the best per- by the winning bidder to the public after the preference to Amtrak over freight transpor- forming third under subsection (a) (3). bid award. tation under subsection (c), then the Board ‘‘(d) ENFORCEMENT.—The Federal Railroad ‘‘(b) IMPLEMENTATION.— shall enforce its recommendations for relief Administration shall monitor the develop- ‘‘(1) INITIAL PETITIONS.—Pursuant to any under this section. ment, implementation, and outcome of im- rules or regulations promulgated under sub- ‘‘(3) PENALTIES.— provement plans under this section. If, for section (A), the Administration shall estab- ‘‘(A) IN GENERAL.—The Board shall publish any year, it determines that Amtrak is not lish a deadline for the submission of a peti- a schedule of penalties which will— making reasonable progress in implementing tion under subsection (a)— ‘‘(A) fairly reflect the extent to which Am- its performance improvement plan or in ‘‘(A) during fiscal year 2007 for operations trak suffers financial loss as a result of host achieving the expected outcome of the plan commencing in fiscal year 2008; and rail carrier delays or failure to achieve min- for any calendar year, the Federal Railroad ‘‘(B) during the immediately preceding fis- imum standards; and Administration— cal year for operations commencing in subse- ‘‘(B) will adequately deter future actions ‘‘(1) shall notify Amtrak of its determina- quent fiscal years. which may reasonably be expected to be tion under this subsection; ‘‘(2) ROUTE LIMITATIONS.—The Administra- likely to result in delays to Amtrak. ‘‘(2) shall provide an opportunity for a tion may not make the program available ‘‘(B) ASSESSMENT.—The Board may assess hearing with respect to that determination; with respect to more than 1 Amtrak pas- these penalties upon a host rail carrier. and senger rail route for operations beginning in ‘‘(C) USE.—The Board shall make any ‘‘(3) may withhold any appropriated funds fiscal year 2008 nor to more than 2 such amounts received as penalties under this otherwise available to Amtrak for the oper- routes for operations beginning in fiscal year paragraph available to Amtrak or a State ation of a route or routes on which it is not 2010 and subsequent fiscal years. contracting with Amtrak, as applicable, for making progress, other than funds made ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO capital or operating expenditures on such available for passenger safety or security FACILITIES; EMPLOYEES.—If the Administra- routes.’’. measures.’’. tion awards the right and obligation to pro- (b) CHANGE OF REFERENCE.—Section 24308 is (b) CONFORMING AMENDMENT.—The chapter vide passenger rail service over a route under amended— analysis for chapter 247 is amended by in- (1) by striking ‘‘Interstate Commerce Com- the program to a rail carrier or rail car- serting after the item relating to section riers—- mission’’ in subsection (a)(2)(A) and insert- 24709 the following: ing ‘‘Surface Transportation Board’’; ‘‘(1) it shall execute a contract with the ‘‘24710. Long distance routes’’. (2) by striking ‘‘Commission’’ each place it rail carrier or rail carriers for rail passenger appears and inserting ‘‘Board’’; SEC. 211. ALTERNATE PASSENGER RAIL SERVICE operations on that route that conditions the (3) by striking ‘‘Secretary’’ the last 3 PROGRAM. operating and subsidy rights upon— places it appears in subsection (c) and each (a) IN GENERAL.—Chapter 247, as amended ‘‘(A) the service provider continuing to place it appears in subsections (d) and (e) and by section 209, is amended by adding at the provide passenger rail service on the route inserting ‘‘Board’’. end thereof the following: that is no less frequent, nor over a shorter SEC. 210. LONG DISTANCE ROUTES. § 24711. Alternate passenger rail service pro- distance, than Amtrak provided on that (a) IN GENERAL.—Chapter 247 is amended gram route before the award; and by adding at the end thereof the following: ‘‘(a) IN GENERAL.—Within 1 year after the ‘‘(B) the service provider’s compliance with the minimum standards established under § 24710. Long distance routes date of enactment of the Passenger Rail In- vestment and Improvement Act of 2005, the section 208 of the Passenger Rail Investment ‘‘(a) ANNUAL EVALUATION.—Using the fi- Federal Railroad Administration shall ini- and Improvement Act of 2005 and such addi- nancial and performance metrics developed tional performance standards as the Admin- under section 208 of the Passenger Rail In- tiate a rulemaking proceeding to develop a program under which— istration may establish; vestment and Improvement Act of 2005, Am- ‘‘(2) it shall, if the award is made to a rail trak shall— ‘‘(1) a rail carrier or rail carriers that own infrastructure over which Amtrak operates a carrier other than Amtrak, require Amtrak ‘‘(1) evaluate annually the performance of to provide access to its reservation system, each long distance passenger rail route oper- passenger rail service route described in subparagraph (B), (C), or (D) of section 24102(5) stations, and facilities to any rail carrier or ated by Amtrak; and rail carriers awarded a contract under this ‘‘(2) rank the overall performance of such or in section 24702 of title 49, United States section, in accordance with section 218 of routes for 2006 and identify each long dis- Code may petition the Federal Railroad Ad- that Act, necessary to carry out the purposes tance passenger rail route operated by Am- ministration to be considered as a passenger of this section; trak in 2006 according to its overall perform- rail service provider over that route in lieu ‘‘(3) the employees of any person used by a ance as belonging to the best performing of Amtrak; rail carrier or rail carriers (as defined in sec- third of such routes, the second best per- ‘‘(2) the Administration would notify Am- tion 10102(5) of this title) in the operation of forming third of such routes, or the worst trak within 30 days after receiving a petition a route under this section shall be considered performing third of such routes. under paragraph (1) and establish a deadline an employee of that carrier or carriers and ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— by which both the petitioner and Amtrak subject to the applicable Federal laws and Amtrak shall develop a performance im- would be required to submit a bid to provide regulations governing similar crafts or class- provement plan for its long distance pas- passenger rail service over the route to es of employees of Amtrak, including provi- senger rail routes based on the data collected which the petition relates; sions under section 121 of the Amtrak Re- through the application of the financial and ‘‘( 3) each bid would describe how the bid- form and Accountability Act of 1997 relating performance 29 metrics developed under sec- der would operate the route, what Amtrak to employees that provide food and beverage tion 208 of that Act. The plan shall address— passenger equipment would be needed, if any, ‘‘(1) on-time performance; what sources of non-Federal funding the bid- service; and ‘‘(2) scheduling, frequency, routes, and der would use, including any State subsidy, ‘‘( 4) the winning bidder shall provide pref- stops; among other things; erence in hiring to qualified Amtrak employ- ‘‘(3) the feasibility of restructuring service ‘‘(4) the Administration would make a de- ees displaced by the award of the bid, con- into connected corridor service; cision and execute a contract within a speci- sistent with the staffing plan submitted by ‘‘(4) performance-related equipment fied, limited time after that deadline award- the bidder. changes and capital improvements; ing to the winning bidder— ‘‘(d) CESSATION OF SERVICE.—If a rail car- ‘‘(5) on-board amenities and service, in- ‘‘(A) the right and obligation to provide rIer or rail carriers awarded a route under cluding food, first class, and sleeping car passenger rail service over that route subject this section’.cease to operate the service or service; to such performance standards as the Admin- fail to fulfill their obligations under the con- ‘‘(6) State or other non-Federal financial istration may require, consistent with the tract required under subsection (c), the Ad- contributions; and standards developed under section 208 of this ministrator, in collaboration with the Sur- ‘‘(7) other aspects of Amtrak’s long dis- Act; and face Transportation Board shall take any tance passenger rail routes that affect the fi- ‘‘(B) an operating subsidy— necessary action consistent with this title to nancial, competitive, and functional per- ‘‘(i) for the first year at a level not in ex- enforce the contract and ensure the contin- formance of service on Amtrak’s long dis- cess of the level in effect during the fiscal ued provision of service, including the in- tance passenger rail routes. year preceding the fiscal year in which the stallment of an interim service provider and ‘‘(c) IMPLEMENTATION.—Amtrak shall im- petition was received, adjusted for inflation; re-bidding the contract to operate the serv- plement the performance improvement plan ‘‘(ii) for any subsequent years at such ice. The entity providing service shall either developed under subsection (b)— level, adjusted for inflation; and be Amtrak or a rail carrier defined in section ‘‘(1) beginning in fiscal year 2007 for those ‘‘(5) each bid would contain a staffing plan 24711(a)(1). routes identified as being in the worst per- describing the number of employees needed ‘‘(e) ADEQUATE RESOURCES.—Before taking forming third under subsection (a)(3); to operate the service, the job assignments any action allowed under this section, the

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.130 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11679 Secretary shall certify that the Adminis- funding levels authorized in this division ‘‘(6) The Chairman of the Commission shall trator has sufficient resources that are ade- and shall submit the plan to the Secretary. be elected by the members. quate to undertake the program established (b) APPROVAL BY THE SECRETARY.— ‘‘(7) The Commission may appoint and fix under this section.’’. (1) The Corporation shall submit the cap- the pay of such personnel as it considers ap- (b) CONFORMING AMENDMENT.—The chapter ital spending plan prepared under this sec- propriate. analysis for chapter 247, as amended by section to the Secretary of Transportation for ‘‘(8) Upon request of the Commission, the tion 209, is amended by inserting after the review and approval pursuant to the proce- head of any department or agency of the item relating to section 24710 the following: dures developed under section 205 of this Act. United States may detail, on a reimbursable ‘‘24711. Alternate passenger rail service pro- (2) The Secretary of Transportation shall basis, any of the personnel of that depart- gram’’. require that the plan be updated at least an- ment or agency to the Commission to assist it in carrying out its duties under this sec- SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. nually and shall review and approve such updates. During review, the Secretary shall tion. (a) PROVISION OF FINANCIAL INCENTIVES.— seek comments and review from the commis- ‘‘(9) Upon the request of the Commission, For Amtrak employees who are adversely af- the Administrator of General Services shall fected by the cessation of the operation of a sion established under section 24905 of title 49, United States Code, and other Northeast provide to the Commission, on a reimburs- long distance route or any other route under able basis, the administrative support serv- section 24711 of title 49, United States Code, Corridor users regarding the plan. (3) The Secretary shall make grants to the ices necessary for the Commission to carry previously operated by Amtrak, the Sec- out its responsibilities under this section. retary shall develop a program under which Corporation with funds authorized by section 101(b) for Northeast Corridor capital invest- ‘‘(10) The commission shall consult with the Secretary may, in the Secretary’s discre- other entities as appropriate. tion, provide grants for financial incentives ments contained within the capital spending plan prepared by the Corporation and ap- ‘‘(b) GENERAL RECOMMENDATIONS.—The to be provided to employees of the National Commission shall develop recommendations Railroad Passenger Corporation who volun- proved by the Secretary. (4) Using the funds authorized by section concerning northeast corridor rail infra- tarily terminate their employment with the 101(d), the Secretary shall review Amtrak’s structure and operations including proposals Corporation and relinquish any legal rights capital expenditures funded by this section addressing, as appropriate— to receive termination-related payments to ensure that such expenditures are con- ‘‘(1) short-term and long term capital in- under any contractual agreement with the sistent with the capital spending plan and vestment needs beyond the state-of-good-re- Corporation. that Amtrak is providing adequate project pair under section 213; (b) CONDITIONS FOR FINANCIAL INCEN- ‘‘(2) future funding requirements for cap- management oversight and fiscal controls. TIVES.—As a condition for receiving financial ital improvements and maintenance; (c) ELIGIBILITY OF EXPENDITURES.—The assistance grants under this section, the Cor- ‘‘(3) operational improvements of intercity Federal share of expenditures for capital im- poration must certify that— passenger rail, commuter rail, and freight provements under this section may not ex- (1) a reasonable attempt was made to reas- rail services; sign an employee adversely affected under ceed 100 percent. ‘‘(4) opportunities for additional non-rail section 24711 of title 49, United States Code, SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- uses of the Northeast Corridor; or by the elimination of any route, to other TURE AND OPERATIONS IMPROVE- ‘‘(5) scheduling and dispatching; MENTS. positions within the Corporation in accord- ‘‘(6) safety and security enhancements; (a) IN GENERAL.—Section 24905 is amended ance with any contractual agreements; ‘‘(7) equipment design; (2) the financial assistance results in a net to read as follows: ‘‘(8) marketing of rail services; and reduction in the total number of employees ‘‘§ 24905. Northeast Corridor Infrastructure ‘‘(9) future capacity requirements. ‘‘(c) ACCESS COSTS.— equal to the number receiving financial in- and Operations Advisory Commission; Safe- ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 centives; ty and Security Committee. year after verification of Amtrak’s new fi- (3) the financial assistance results in a net ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE nancial accounting system pursuant to sec- reduction in total employment expense AND OPERATIONS ADVISORY COMMISSION.— tion 203(b) of the Passenger Rail Investment equivalent to the total employment expenses ‘‘(1) Within 180 days after the date of en- and Improvement Act of 2005, the Commis- associated with the employees receiving fi- actment of the Passenger Rail Investment sion shall— nancial incentives; and and Improvement Act of 2005, the Secretary ‘‘(A) develop a standardized formula for de- (4) the total number of employees eligible of Transportation shall establish a Northeast termining and allocating costs, revenues, for termination-related payments will not be Corridor Infrastructure and Operations Advi- and compensation for northeast corridor increased without the express written con- sory Commission (hereinafter referred to in commuter rail passenger transportation, as sent of the Secretary. this section as the ‘Commission’) to promote defined in section 24102 of this title, that use (c) AMOUNT OF FINANCIAL INCENTIVES.—The mutual cooperation and planning pertaining National Railroad Passenger Corporation fa- financial incentives authorized under this to the rail operations and related activities cilities or services or that provide such fa- section may be no greater than $50,000 per of the Northeast Corridor. The Commission cilities or services to the National Railroad employee. shall be made up of— Passenger Corporation that ensure that— (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) members representing the National ‘‘(i) there is no cross-subsidization of com- There are hereby authorized to be appro- Railroad Passenger Corporation; muter rail passenger, intercity rail pas- priated to the Secretary such sums as may ‘‘(B) members representing the Secretary senger, or freight rail transportation; and be necessary to make grants to the National of Transportation and the Federal Railroad ‘‘(ii) each service is assigned the costs in- Railroad Passenger Corporation to provide Administration; curred only for the benefit of that service, financial incentives under subsection (a). ‘‘(C) 1 member from each of the States (in- and a proportionate share, based upon fac- (e) TERMINATION-RELATED PAYMENTS.—If cluding the District of Columbia) that con- tors that reasonably reflect relative use, of Amtrak employees adversely affected by the stitute the Northeast Corridor as defined in costs incurred for the common benefit of cessation of Amtrak service resulting from section 24102, designated by, and serving at more than 1 service; the awarding of a grant to an operator other the pleasure of, the chief executive officer ‘‘(B) develop a proposed timetable for im- than Amtrak for the operation of a route thereof; and plementing the formula before the end of the under section 24711 of title 49, United States ‘‘(D) non-voting representatives of freight 6th year following the date of enactment of Code, or any other route, previously oper- railroad carriers using the Northeast Cor- that Act; ated by Amtrak do not receive financial in- ridor selected by the Secretary. ‘‘(C) transmit the proposed timetable to centives under subsection (a), then the Sec- ‘‘(2) The Secretary shall ensure that the the Surface Transportation Board; and retary shall make grants to the National membership belonging to any of the groups ‘‘(D) at the party’s request, petition the Railroad Passenger Cor- poration from funds enumerated under subparagraph (1) shall not Surface Transportation Board to appoint a authorized by section 102 of this Act for ter- constitute a majority of the commission’s mediator to assist the parties through non- mination-related payments to employees memberships. binding mediation to reach an agreement under existing contractual agreements. ‘‘(3) The commission shall establish a under this section. SEC. 213. NORTHEAST CORRIDOR STATE-OF- schedule and location for convening meet- ‘‘(2) IMPLEMENTATION.—The National Rail- GOOD-REPAIR PLAN. ings, but shall meet no less than four times road Passenger Corporation and the com- (a) IN GENERAL.—Within 6 months after the per fiscal year, and the commission shall de- muter authorities providing commuter rail date of enactment of this Act, the National velop rules and procedures to govern the passenger transportation on the northeast Railroad Passenger Corporation, in consulta- commission’s proceedings. corridor shall implement new agreements for tion with the Secretary and the States (in- ‘‘(4) A vacancy in the Commission shall be usage of facilities or services based on the cluding the District of Columbia) that make filled in the manner in which the original ap- formula proposed in paragraph (1) in accord- up the Northeast Corridor (as defined in sec- pointment was made. ance with the timetable established therein. tion 24102 of title 49, United States Code), ‘‘(5) Members shall serve without pay but If the parties fail to implement such new shall prepare a capital spending plan for cap- shall receive travel expenses, including per agreements in accordance with the time- ital projects required to return the North- diem in lieu of subsistence, in accordance table, the parties shall petition the Surface east Corridor to a state of good repair by the with sections 5702 and 5703 of title 5, United Transportation Board to determine the ap- end of fiscal year 2011, consistent with the States Code. propriate compensation amounts for such

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services in accordance with section 24904(c) (1) PRINCIPAL ON DEBT SERVICE.—Unless the SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND of this title. Secretary of Treasury makes sufficient pay- SERVICES. ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— ments to creditors under subsection (d) so If a State desires to select or selects an en- The commission shall annually transmit the that Amtrak is required to make no pay- tity other than Amtrak to provide services recommendations developed under sub- ments to creditors in a fiscal year, the Sec- required for the operation of an intercity section (b) and the formula and timetable de- retary of Transportation shall use funds au- passenger train route described in section veloped under subsection (c)(1) to the Senate thorized by section 103(a)(1) for the use of 24102(5)(D) or 24702 of title 49, United States Committee on Commerce, Science, and Amtrak for retirement of principal on loans Code, the State may make an agreement Transportation and the House of Representa- for capital equipment, or capital leases. with Amtrak to use facilities and equipment tives Committee on Transportation and In- (2) INTEREST ON DEBT.—Unless the Sec- of, or have services provided by, Amtrak frastructure. retary of Treasury makes sufficient pay- under terms agreed to by the State and Am- ‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- ments to creditors under subsection (d) so trak to enable the State to utilize an entity CURITY COMMITTEE.— that Amtrak is required to make no pay- other than Amtrak to provide services re- ‘‘(1) IN GENERAL.—The Secretary shall es- ments to creditors in a fiscal year, the Sec- quired for operation of the route. If the par- tablish a Northeast Corridor Safety and Se- retary of Transportation shall use funds au- ties cannot agree upon terms, and the Sur- curity Committee composed of members ap- thorized by section 103(a)(2) for the use of face Transportation Board finds that access pointed by the Secretary. The members shall Amtrak for the payment of interest on loans to Amtrak’s facilities or equipment, or the be representatives of— for capital equipment, or capital leases. provision of services by Amtrak, is necessary ‘‘(A) the Secretary; (3) REDUCTIONS IN AUTHORIZATION LEVELS.— to carry out this provision and that the oper- ‘‘(B) Amtrak; Whenever action taken by the Secretary of ation of Amtrak’s other services will not be ‘‘( C) freight carriers operating more than the Treasury under subsection (a) results in impaired thereby, the Surface Transpor- 150,000 train miles a year on the main line of reductions in amounts of principal or inter- tation Board shall, within 120 days after sub- the Northeast Corridor; est that Amtrak must service on existing mission of the dispute, issue an order that ‘‘(D) commuter agencies; debt, the corresponding amounts authorized the facilities and equipment be made avail- ‘‘(E) rail passengers; by section 103(a)(1) or (2) shall be reduced ac- able, and that services be provided, by Am- ‘‘(F) rail labor; cordingly. trak, and shall determine reasonable com- ‘‘(G) the Transportation Security Adminis- (f) LEGAL EFFECT OF PAYMENTS UNDER THIS pensation, liability and other terms for use tration; and SECTION.—The payment of principal and in- of the facilities and equipment and provision ‘‘(H) other individuals and organizations terest on secured debt, other than debt as- of the services. Compensation shall be deter- the Secretary decides have a significant in- sumed under subsection (d), with the pro- mined in accord with the methodology estab- terest in rail safety. ceeds of grants under subsection (e) shall lished pursuant to section 206 of this Act. ‘‘(2) FUNCTION; MEETINGS.—The Secretary not— SEC. 219. GENERAL AMTRAK PROVISIONS. shall consult with the Committee about safe- (1) modify the extent or nature of any in- (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- ty and security improvements on the North- debtedness of the National Railroad Pas- MENTS. east Corridor main line. The Committee senger Corporation to the United States in (1) TITLE 49 AMENDMENTS.—Chapter 241 is shall meet at least once every 2 years to con- existence of the date of enactment of this amended— (A) by striking the last sentence of section sider safety matters on the main line. Act; ‘‘(3) REPORT.—At the beginning of the first (2) change the private nature of Amtrak’s 24101(d); and (B) by striking the last sentence of section session of each Congress, the Secretary shall or its successors’ liabilities; or submit a report to the Commission and to (3) imply any Federal guarantee or com- 24104(a). (2) AMTRAK REFORM AND ACCOUNTABILITY Congress on the status of efforts to improve mitment to amortize Amtrak’s outstanding ACT AMENDMENTS.—Title II of the Amtrak safety and security on the Northeast Cor- indebtedness. Reform and Accountability Act of 1997 (49 ridor main line. The report shall include the (g) SECRETARY APPROVAL.—Amtrak may U.S.C. 24101 nt) is amended by striking sec- safety recommendations of the Committee not incur more debt after the date of enact- tions 204 and 205. ment of this Act without the express ad- and the comments of the Secretary on those (3) COMMON STOCK REDEMPTION DATE.—Sec- recommendations.’’ vance approval of the Secretary of Transpor- tion 415 of the Amtrak Reform and Account- (3) CONFORMING AMENDMENTS.—Section tation. ability Act of 1997 (49 U.S.C. 24304 nt) is EPORT.—The Secretary of the Treas- 24904(c)(2) is amended by— (h) R amended by striking subsection (b). (A) inserting ‘‘commuter rail passenger’’ ury shall transmit a report to the Senate (b) LEASE ARRANGEMENTS.—Amtrak may after ‘‘between’’; and Committee on Commerce, Science, and obtain services from the Administrator of (B) striking ‘‘freight’’ in the second sen- Transportation, the Senate Committee on General Services, and the Administrator tence. Appropriations, the House of Representa- may provide services to Amtrak, under sec- SEC. 215. RESTRUCTURING LONG-TERM DEBT tives Committee on Transportation and In- tion 201(b) and 211(b) of the Federal Property AND CAPITAL LEASES. frastructure, and the House of Representa- and Administrative Service Act of 1949 (40 (a) IN GENERAL.—The Secretary of the tives Committee on Appropriations by June U.S.C. 481(b) and 491(b)) for each of fiscal Treasury, in consultation with the Secretary 1, 2007— years 2006 through 2011. of Transportation and Amtrak, may make (1) describing in detail any agreements to SEC. 220. PRIVATE SECTOR FUNDING OF PAS- agreements to restructure Amtrak’s indebt- restructure the Amtrak debt; and SENGER TRAINS. edness as of the date of enactment of this (2) providing an estimate of the savings to Amtrak is encouraged to increase its oper- Act. This authorization expires on January Amtrak and the United States Government. ation of trains funded by the private sector 1, 2007. SEC. 216. STUDY OF COMPLIANCE REQUIRE- in order to minimize its need for Federal (b) DEBT RESTRUCTURING.—The Secretary MENTS AT EXISTING INTERCITY subsidies. Amtrak shall utilize the provi- of Treasury, in consultation with the Sec- RAIL STATIONS. sions of section 24308 of title 49, United retary of the Transportation and Amtrak, Amtrak, in consultation with station own- States Code, when necessary to obtain access shall enter into negotiations with the holders, shall evaluate the improvements nec- to facilities, train and engine crews, or servers of Amtrak debt, including leases, out- essary to make all existing stations it serves ices of a rail carrier or regional transpor- standing on the date of enactment of this readily accessible to and usable by individ- tation authority that are required to operate Act for the purpose of restructuring (includ- uals with disabilities, as required by section such trains. 242(e)(2) of the Americans with Disabilities ing repayment) and repaying that debt. The SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- Secretary of the Treasury may secure agree- (a) IN GENERAL.—Within 1 year after ments for restructuring or repayment on tion shall include the estimated cost of the metrics and standards are established under such terms as the Secretary of the Treasury improvements necessary, the identification section 208 of this Act, Amtrak shall develop deems favorable to the interests of the Gov- of the responsible person (as defined in sec- and implement a plan to improve on-board ernment. tion 241(5) of that Act (42 U.S.C. 12161(5))), service pursuant to the metrics and stand- (c) CRITERIA.—In restructuring Amtrak’s and the earliest practicable date when such ards for such service developed under that indebtedness, the Secretary and Amtrak— improvements can be made. Amtrak shall section. (1) shall take into consideration repayment submit the evaluation to the Senate Com- (b) REPORT.—Amtrak shall provide a report costs, the term of any loan or loans, and mittee on Commerce, Science, and Transpor- to the Senate Committee on Commerce, market conditions; and tation, the House of Representatives Com- Science, and Transportation and the House (2) shall ensure that the restructuring re- mittee on Transportation and Infrastruc- of Representatives Committee on Transpor- sults in significant savings to Amtrak and ture, and the National Council on Disability tation and Infrastructure on the on-board the United States Government. by September 30, 2007, along with rec- service improvements proscribed in the plan (d) PAYMENT OF RENEGOTIATED DEBT.—If ommendations for funding the necessary im- and the timeline for implementing such im- the criteria under subsection (c) are met, the provements. provements. Secretary of Treasury shall assume or repay SEC. 217. INCENTIVE PAY. SEC. 222. AMTRAK MANAGEMENT ACCOUNT- the restructured debt, as appropriate. The Amtrak Board of Directors is encour- ABILITY. (e) AMTRAK PRINCIPAL AND INTEREST PAY- aged to develop an incentive pay program for (a) IN GENERAL.—Chapter 243 is amended MENTS.— Amtrak management employees. by inserting after section 24309 the following:

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.137 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11681 §‘‘24310. Management accountability ‘‘(D) the first-dollar liability costs for in- ‘‘(B) the national rail plan (if it is avail- ‘‘(a) IN GENERAL.—Three years after the surance related to the provision of intercity able); and date of enactment of the Passenger Rail In- passenger rail service under section 24404. ‘‘(5) favor the following kinds of projects: vestment and Improvement Act of 2005, and ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— ‘‘(A) Projects that are expected to have a two years thereafter, the Inspector General The term ‘intercity passenger rail service’ significant favorable impact on air or high- of the Department of Transportation shall means transportation services with the pri- way traffic congestion, capacity, or safety. complete an overall assessment of the mary purpose of passenger transportation ‘‘(B) Projects that also improve freight or progress made by Amtrak management and between towns, cities and metropolitan areas commuter rail operations. the Department of Transportation in imple- by rail, including high-speed rail, as defined ‘‘(C) Projects that have significant envi- menting the provisions of that Act. in section 24102 of title 49, United States ronmental benefits. Code. ‘‘(D) Projects that are— ‘‘(b) ASSESSMENT.—The management assessment undertaken by the Inspector Gen- ‘‘§ 24402. Capital investment grants to sup- ‘‘(i) at a stage of preparation that all pre- eral may include a review of— port intercity passenger rail service. commencement compliance with environ- ‘‘(1) effectiveness improving annual finan- ‘‘(a) GENERAL AUTHORITY.— mental protection requirements has already cial planning; ’’(1) The Secretary of Transportation may been completed; and ‘‘(2) effectiveness in implementing im- make grants under this section to an appli- ‘‘(ii) ready to be commenced. ‘‘(E) Projects with positive economic and proved financial accounting; cant to assist in financing the capital costs ‘‘(3) efforts to implement minimum train of facilities and equipment necessary to pro- employment impacts. ‘‘(F) Projects that encourage the use of performance standards; vide or improve intercity passenger rail ‘‘( 4) progress maximizing revenues and transportation. positive train control technologies. ‘‘(G) Projects that have commitments of minimizing Federal subsidies; and ‘‘(2) The Secretary shall require that a funding from non-Federal Government ‘‘( 5) any other aspect of Amtrak oper- grant under this section be subject to the sources in a total amount that exceeds the ations the Inspector General finds appro- terms, conditions, requirements, and provi- minimum amount of the non-Federal con- priate to review.’’. sions the Secretary decides are necessary or tribution required for the project. (b) CONFORMING AMENDMENT.—The chapter appropriate for the purposes of this section, ‘‘(H) Projects that involve donated prop- analysis for chapter 243 is amended by in- including requirements for the disposition of erty interests or services. serting after the item relating to section net increases in value of real property result- ‘‘(I) Projects that are identified by the Sur- 24309 the following: ing from the project assisted under this section and shall prescribe procedures and face Transportation Board as necessary to ‘‘24310. Management accountability’’. schedules for the awarding of grants under improve the on time performance and reli- TITLE III—INTERCITY PASSENGER RAIL this title, including application and quali- ability of intercity passenger rail under sec- POLICY fication procedures and a record of decision tion 24308(f). SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY on applicant eligibility. The Secretary shall ‘‘(d) AMTRAK ELIGIBILITY.—To receive a PASSENGER RAIL SERVICE; STATE issue a final rule establishing such proce- grant under this section, the National Rail- RAIL PLANS. dures not later than 90 days after the date of road Passenger Corporation may enter into a (a) IN GENERAL.—Part C of subtitle V is enactment of the Passenger Rail Investment cooperative agreement with 1 or more States amended by inserting the following after and Improvement Act of 2005. to carry out 1 or more projects on a State chapter 243: ‘‘(b) PROJECT AS PART OF STATE RAIL rail plan’s ranked list of rail capital projects ‘‘CHAPTER 244. INTERCITY PASSENGER RAIL PLAN.— developed under section 22504(a)(5) of this ‘‘(1) The Secretary may not approve a SERVICE CORRIDOR CAPITAL ASSISTANCE title. grant for a project under this section unless ‘‘(e) LETTERS OF INTENT, FULL FUNDING ‘‘Sec. the Secretary finds that the project is part GRANT AGREEMENTS, AND EARLY SYSTEMS ‘‘24401. Definitions. of a State rail plan developed under chapter WORK AGREEMENTS.— ‘‘24402. Capital investment grants to sup- 225 of this title and that the applicant or re- ‘‘(1)(A) The Secretary may issue a letter of port intercity passenger rail cipient has or will have the legal, financial, intent to an applicant announcing an inten- service. and technical capacity to carry out the tion to obligate, for a major capital project ‘‘24403. Project management oversight. project, satisfactory continuing control over under this section, an amount from future ‘‘24404. Use of capital grants to finance the use of the equipment or facilities, and available budget authority specified in law first-dollar liability of grant the capability and willingness to maintain that is not more than the amount stipulated project. the equipment or facilities. as the financial participation of the Sec- ‘‘24405. Grant conditions. ‘‘(2) An applicant shall provide sufficient retary in the project. §‘‘24401. Definitions information upon which the Secretary can ‘‘(B) At least 30 days before issuing a letter ‘‘In this subchapter: make the findings required by this sub- under subparagraph (A) of this paragraph or ‘‘(1) APPLICANT.—The term ‘applicant’ section. entering into a full funding grant agreement, means a State (including the District of Co- ‘‘(3) If an applicant has not selected the the Secretary shall notify in writing the lumbia), a group of States, an Interstate proposed operator of its service competi- Committee on Transportation and Infra- Compact, or a public agency established by tively, the applicant shall provide written structure of the House of Representatives one or more States and having responsibility justification to the Secretary showing why and the Committee on Commerce, Science, for providing intercity passenger rail serv- the proposed operator is the best, taking and Transportation of the Senate and the into account price and other factors, and ice. House and Senate Committees on Appropria- that use of the proposed operator will not ‘‘(2) CAPITAL PROJECT.—The term ‘capital tions of the proposed letter or agreement. unnecessarily increase the cost of the project’ means a project or program in a The Secretary shall include with the notifi- project. State rail plan developed under chapter 225 cation a copy of the proposed letter or agree- ‘‘(c) PROJECT SELECTION CRITERIA.—The of this title for— Secretary, in selecting the recipients of fi- ment as well as the evaluations and ratings ‘‘(A) acquiring, constructing, improving, or nancial assistance to be provided under sub- for the project. inspecting equipment, track and track struc- section (a), shall— ‘‘(C) An obligation or administrative com- tures, or a facility for use in or for the pri- ‘‘(1) require that each proposed project mitment may be made only when amounts mary benefit of intercity passenger rail serv- meet all safety and security requirements are appropriated. ice, expenses incidental to the acquisition or that are applicable to the project under law; ‘‘(2)(A) The Secretary may make a full construction (including designing, engineer- ‘‘(2) give preference to projects with high funding grant agreement with an applicant. ing, location surveying, mapping, environ- levels of estimated ridership, increased on- The agreement shall— mental studies, and acquiring rights-of-way), time performance, reduced trip time, addi- ‘‘(i) establish the terms of participation by payments for the capital portions of rail tional service frequency to meet anticipated the United States Government in a project trackage rights agreements, highway-rail or existing demand, or other significant serv- under this section; grade crossing improvements related to ice enhancements as measured against min- ‘‘(ii) establish the maximum amount of intercity passenger rail service, security, imum standards developed under section 208 Government financial assistance for the mitigating environmental impacts, commu- of the Passenger Rail Investment and Im- project; nication and signalization improvements, re- provement Act of 2005; ‘‘(iii) cover the period of time for com- location assistance, acquiring replacement ‘‘(3) encourage intermodal connectivity pleting the project, including a period ex- housing sites, and acquiring, constructing, through projects that provide direct connec- tending beyond the period of an authoriza- relocating, and rehabilitating replacement tions between train stations, airports, bus tion; and housing; terminals, subway stations, ferry ports, and ‘‘(iv) make timely and efficient manage- ‘‘(B) rehabilitating, remanufacturing or other modes of transportation; ment of the project easier according to the overhauling rail rolling stock and facilities ‘‘(4) ensure that each project is compatible law of the United States. used primarily in intercity passenger rail with, and is operated in conformance with— ‘‘(B) An agreement under this paragraph service; ‘‘(A) plans developed pursuant to the re- obligates an amount of available budget au- ‘‘(C) costs associated with developing State quirements of section 135 of title 23, United thority specified in law and may include a rail plans; and States Code; and commitment, contingent on amounts to be

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.141 S20OCPT1 S11682 CONGRESSIONAL RECORD — SENATE October 20, 2005 specified in law in advance for commitments ‘‘(B) A grant for the project shall not ex- other physical asset associated with the under this paragraph, to obligate an addi- ceed 80 percent of the project net capital project; tional amount from future available budget cost. ‘‘(B) cost-sharing of any project expense; authority specified in law. The agreement ‘‘(C) The Secretary shall give priority in ‘‘(C) carrying out administration, con- shall state that the contingent commitment allocating future obligations and contingent struction management, project management, is not an obligation of the Government and commitments to incur obligations to grant project operation, or any other management is subject to the availability of appropria- requests seeking a lower Federal share of the or operational duty associated with the tions made by Federal law and to Federal project net capital cost. project; and laws in force on or enacted after the date of ‘‘(2) Up to an additional 20 percent of the ‘‘(D) any other form of participation ap- the contingent commitment. Interest and required non-Federal funds may be funded proved by the Secretary. other financing costs of efficiently carrying from amounts appropriated to or made avail- ‘‘(3) SUB-ALLOCATION.—A State may allo- out a part of the project within a reasonable able to a department or agency of the Fed- cate funds under this section to any entity time are a cost of carrying out the project eral Government that are eligible to be ex- described in paragraph (1). under a full funding grant agreement, except pended for transportation. ‘‘(j) SPECIAL TRANSPORTATION CIR- that eligible costs may not be more than the ‘‘(3) 50 percent of the average amounts ex- CUMSTANCES.—In carrying out this section, cost of the most favorable financing terms pended by a State or group of States (includ- the Secretary shall allocate an appropriate reasonably available for the project at the ing the District of Columbia) for capital portion of the amounts available under this time of borrowing. The applicant shall cer- projects to benefit intercity passenger rail section to provide grants to States— tify, in a way satisfactory to the Secretary, service in fiscal years 2004 and 2005 shall be ‘‘(1) in which there is no intercity pas- that the applicant has shown reasonable dili- credited towards the matching requirements senger rail service for the purpose of funding gence in seeking the most favorable financ- for grants awarded under this section. The freight rail capital projects that are on a ing terms. Secretary may require such information as State rail plan developed under chapter 225 ‘‘(3)(A) The Secretary may make an early necessary to verify such expenditures. of this title that provide public benefits (as systems work agreement with an applicant if ‘‘(4) 50 percent of the average amounts ex- defined in chapter 225) as determined by the a record of decision under the National Envi- pended by a State or group of States (includ- Secretary; or ronmental Policy Act of 1969 (42 U.S.C. 4321 ing the District of Columbia) in a fiscal year ‘‘(2) in which the rail transportation sys- et seq.) has been issued on the project and beginning in 2006 for capital projects to ben- tem is not physically connected to rail sys- the Secretary finds there is reason to be- efit intercity passenger rail service or for the tems in the continental United States or lieve— operating costs of such service above the av- may not otherwise qualify for a grant under ‘‘(i) a full funding grant agreement for the erage of expenditures made for such service this section due to the unique characteris- project will be made; and in fiscal years 2004 and 2005 shall be credited tics of the geography of that State or other ‘‘(ii) the terms of the work agreement will towards the matching requirements for relevant considerations, for the purpose of promote ultimate completion of the project grants awarded under this section. The Sec- funding transportation-related capital more rapidly and at less cost. retary may require such information as nec- projects. ‘‘(B) A work agreement under this para- essary to verify such expenditures. ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- graph obligates an amount of available budg- ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— retary shall make available $10,000,000 annu- et authority specified in law and shall pro- ‘‘(1) The Secretary may pay the Federal ally from the amounts authorized under sec- vide for reimbursement of preliminary costs share of the net capital project cost to an ap- tion 101(c) of the Passenger Rail Investment of carrying out the project, including land plicant that carries out any part of a project and Improvement Act of 2005 beginning in acquisition, timely procurement of system described in this section according to all ap- fiscal year 2007 for grants for capital projects elements for which specifications are de- plicable procedures and requirements if— eligible under this section not exceeding cided, and other activities the Secretary de- ‘‘(A) the applicant applies for the payment; $2,000,000, including costs eligible under sec- ‘‘(B) the Secretary approves the payment; cides are appropriate to make efficient, long- tion 206(c) of that Act. The Secretary may and wave requirements of this section, including term project management easier. A work ‘‘(C) before carrying out the part of the state rail plan requirements, as appropriate. agreement shall cover the period of time the project, the Secretary approves the plans Secretary considers appropriate. The period and specifications for the part in the same ‘‘§ 24403. Project management oversight may extend beyond the period of current au- way as other projects under this section. ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- thorization. Interest and other financing ‘‘(2) The cost of carrying out part of a MENTS.—To receive Federal financial assist- costs of efficiently carrying out the work project includes the amount of interest ance for a major capital project under this agreement within a reasonable time are a earned and payable on bonds issued by the subchapter, an applicant must prepare and cost of carrying out the agreement, except applicant to the extent proceeds of the bonds carry out a project management plan ap- that eligible costs may not be more than the are expended in carrying out the part. How- proved by the Secretary of Transportation. cost of the most favorable financing terms ever, the amount of interest under this para- The plan shall provide for— reasonably available for the project at the graph may not be more than the most favor- ‘‘(1) adequate recipient staff organization time of borrowing. The applicant shall cer- able interest terms reasonably available for with well-defined reporting relationships, tify, in a way satisfactory to the Secretary, the project at the time of borrowing. The ap- statements of functional responsibilities, job that the applicant has shown reasonable dili- plicant shall certify, in a manner satisfac- descriptions, and job qualifications; gence in seeking the most favorable financ- tory to the Secretary, that the applicant has ‘‘(2) a budget covering the project manage- ing terms. If an applicant does not carry out shown reasonable diligence in seeking the ment organization, appropriate consultants, the project for reasons within the control of most favorable financial terms. property acquisition, utility relocation, sys- the applicant, the applicant shall repay all ‘‘(3) The Secretary shall consider changes tems demonstration staff, audits, and mis- Government payments made under the work in capital project cost indices when deter- cellaneous payments the recipient may be agreement plus reasonable interest and pen- mining the estimated cost under paragraph prepared to justify; alty charges the Secretary establishes in the (2) of this subsection. ‘‘(3) a construction schedule for the agreement. ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- project; ‘‘(4) The total estimated amount of future priated under this section shall remain ‘‘(4) a document control procedure and rec- obligations of the Government and contin- available until expended. If any amount pro- ordkeeping system; gent commitments to incur obligations cov- vided as a grant under this section is not ob- ‘‘(5) a change order procedure that includes ered by all outstanding letters of intent, full ligated or expended for the purposes de- a documented, systematic approach to han- funding grant agreements, and early systems scribed in subsection (a) within 2 years after dling the construction change orders; work agreements may be not more than the the date on which the State received the ‘‘(6) organizational structures, manage- amount authorized under section 101(c) of grant, such sums shall be returned to the ment skills, and staffing levels required Passenger Rail Investment and Improvement Secretary for other intercity passenger rail throughout the construction phase; Act of 2005, less an amount the Secretary development projects under this section at ‘‘(7) quality control and quality assurance reasonably estimates is necessary for grants the discretion of the Secretary. functions, procedures, and responsibilities under this section not covered by a letter. ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.’’— for construction, system installation, and in- The total amount covered by new letters and ‘‘(1) IN GENERAL.—A metropolitan planning tegration of system components; contingent commitments included in full organization, State transportation depart- ‘‘(8) material testing policies and proce- funding grant agreements and early systems ment, or other project sponsor may enter dures; work agreements may be not more than a into an agreement with any public, private, ‘‘(9) internal plan implementation and re- limitation specified in law. or nonprofit entity to cooperatively imple- porting requirements; ‘‘(f) FEDERAL SHARE OF NET PROJECT ment any project funded with a grant under ‘‘(10) criteria and procedures to be used for COST.— this title. testing the operational system or its major ‘‘(1)(A) Based on engineering studies, stud- ‘‘(2) FORMS OF PARTICIPATION.—Participa- components; ies of economic feasibility, and information tion by an entity under paragraph (1) may ‘‘(11) periodic updates of the plan, espe- on the expected use of equipment or facili- consist of— cially related to project budget and project ties, the Secretary shall estimate the net ‘‘(A) ownership or operation of any land, schedule, financing, and ridership estimates; project cost. facility, locomotive, rail car, vehicle, or and

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.145 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11683 ‘‘(12) the recipient’s commitment to sub- ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et the purpose of reaching agreement with remit a project budget and project schedule to seq.). spect to all matters set forth in subpara- the Secretary each month. ‘‘(c) GRANT CONDITIONS.—The Secretary graphs (A) through (D) of paragraph (1). The ‘‘(b) SECRETARIAL OVERSIGHT.— shall require as a condition of making any negotiations shall continue for 30 days or ‘‘(1) The Secretary may use no more than grant under this title for a project that uses until an agreement is reached, whichever is 0.5 percent of amounts made available in a rights-of-way owned by a railroad that— sooner. If at the end of 30 days the parties fiscal year for capital projects under this ‘‘(1) a written agreement exist between the have not entered into an agreement with re- subchapter to enter into contracts to oversee applicant and the railroad regarding such spect to all such matters, the unresolved the construction of such projects. use and ownership, including— issues shall be submitted for arbitration in ‘‘(2) The Secretary may use amounts avail- ‘‘(A) any compensation for such use; accordance with the procedure set forth in able under paragraph (1) of this subsection to ‘‘(B) assurances regarding the adequacy of subparagraph (B). make contracts for safety, procurement, infrastructure capacity to accommodate ‘‘(B) ARBITRATION.—If an agreement has management, and financial compliance re- both existing and future freight and pas- not been entered into with respect to all views and audits of a recipient of amounts senger operations; and matters set forth in subparagraphs (A) under paragraph (1). ‘‘(C) an assurance by the railroad that col- through (D) of paragraph (1) as described in ‘‘(3) The Federal Government shall pay the lective bargaining agreements with the rail- subparagraph (A) of this paragraph, the par- entire cost of carrying out a contract under road’s employees (including terms regulating ties shall select an arbitrator. If the parties this subsection. the contracting of work) will remain in full are unable to agree upon the selection of ‘‘(c) ACCESS TO SITES AND RECORDS.—Each force and effect according to their terms for such arbitrator within 5 days, either or both recipient of assistance under this subchapter work performed by the railroad on the rail- parties shall notify the National Mediation shall provide the Secretary and a contractor road transportation corridor; Board, which shall provide a list of seven ar- the Secretary chooses under subsection (c) of ‘‘(D) an assurance that an applicant com- bitrators with experience in arbitrating rail this section with access to the construction plies with liability requirements consistent labor protection disputes. Within 5 days sites and records of the recipient when rea- with section 28103 of this title; and after such notification, the parties shall al- sonably necessary. ‘‘(2) the applicant agrees to comply with— ternately strike names from the list until ‘‘§ 24404. Use of capital grants to finance first- ‘‘(A) the standards of section 24312 of this only 1 name remains, and that person shall dollar liability of grant project title, as such section was in effect on Sep- serve as the neutral arbitrator. Within 45 ‘‘Notwithstanding the requirements of sec- tember 1, 2003, with respect to the project in days after selection of the arbitrator, the ar- tion 24402 of this subchapter, the Secretary the same manner that the National Railroad bitrator shall conduct a hearing on the dis- of Transportation may approve the use of Passenger Corporation is required to comply pute and shall render a decision with respect capital assistance under this subchapter to with those standards for construction work to the unresolved issues among the matters fund self-insured retention of risk for the financed under an agreement made under set forth in subparagraphs (A) through (D) of first tier of liability insurance coverage for section 24308(a) of this title; and paragraph (1). This decision shall be final, rail passenger service associated with the ‘‘(B) the protective arrangements estab- binding, and conclusive upon the parties. capital assistance grant, but the coverage lished under section 504 of the Railroad Revi- The salary and expenses of the arbitrator may not exceed $20,000,000 per occurrence or talization and Regulatory Reform Act of 1976 shall be borne equally by the parties; all $20,000,000 in aggregate per year. (45 U.S.C. 836) with respect to employees af- other expenses shall be paid by the party in- fected by actions taken in connection with ‘‘§ 24405. Grant conditions curring them. the project to be financed in whole or in part ‘‘(3) SERVICE COMMENCEMENT.—A replacing ‘‘(a) DOMESTIC BUYING PREFERENCE.— by grants under this subchapter. ‘‘(1) REQUIREMENT.— entity under this subsection shall commence ‘‘(d) REPLACEMENT OF EXISTING INTERCITY ‘‘(A) IN GENERAL.—In carrying out a service only after an agreement is entered PASSENGER RAIL SERVICE.— project funded in whole or in part with a into with respect to the matters set forth in ‘‘(1) COLLECTIVE BARGAINING AGREEMENT grant under this title, the grant recipient subparagraphs (A) through (D) of paragraph FOR INTERCITY PASSENGER RAIL PROJECTS.— (1) or the decision of the arbitrator has been shall purchase only— Any entity providing intercity passenger ‘‘(i) unmanufactured articles, material, rendered. railroad transportation that begins oper- and supplies mined or produced in the United ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- ations after the date of enactment of this States; or ICE.—If the replacement of existing rail pas- ‘‘(ii) manufactured articles, material, and Act on a project funded in whole or in part senger service takes place within 3 years supplies manufactured in the United States by grants made under this title and replaces after the replacing entity commences inter- substantially from articles, material, and intercity rail passenger service that was pro- city passenger rail service, the replacing en- supplies mined, produced, or manufactured vided by Amtrak, unless such service was tity and the collective bargaining agent or in the United States. provided solely by Amtrak to another entity, agents for the adversely affected employees ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) as of such date shall enter into an agreement of the predecessor provider shall enter into applies only to a purchase in an total with the authorized bargaining agent or an agreement with respect to the matters set amount that is not less than $1,000,000. agents for adversely affected employees of forth in subparagraphs (A) through (D) of ‘‘(2) EXEMPTIONS.—On application of a re- the predecessor provider that— paragraph (1). If the parties have not entered cipient, the Secretary may exempt a recipi- ‘‘(A) gives each such qualified employee of into an agreement with respect to all such ent from the requirements of this subsection the predecessor provider priority in hiring matters within 60 days after the date on if the Secretary decides that, for particular according to the employee’s seniority on the which the replacing entity replaces the pred- articles, material, or supplies— predecessor provider for each position with ecessor provider, the parties shall select an ‘‘(A) such requirements are inconsistent the replacing entity that is in the employ- arbitrator using the procedures set forth in with the public interest; ee’s craft or class and is available within 3 paragraph (2)(B), who shall, within 20 days ‘‘(B) the cost of imposing the requirements years after the termination of the service after the commencement of the arbitration, is unreasonable; or being replaced; conduct a hearing and decide all unresolved ‘‘(C) the articles, material, or supplies, or ‘‘(B) establishes a procedure for notifying issues. This decision shall be final, binding, the articles, material, or supplies from such an employee of such positions; and conclusive upon the parties. which they are manufactured, are not mined, ‘‘(C) establishes a procedure for such an ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- produced, or manufactured in the United employee to apply for such positions; and ERATIONS.—Nothing in this section applies States in sufficient and reasonably available ‘‘(D) establishes rates of pay, rules, and to— commercial quantities and are not of a satis- working conditions. ‘‘(1) commuter rail passenger transpor- factory quality. ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— tation (as defined in section 24102(4) of this ‘‘(3) UNITED STATES DEFINED.—In this sub- ‘‘(A) NEGOTIATIONS.—If the replacement of title) operations of a State or local govern- section, the term ‘the United States’ means preexisting intercity rail passenger service ment authority (as those terms are defined the States, territories, and possessions of the occurs concurrent with or within a reason- in section 5302(11) and (6), respectively, of United States and the District of Columbia. able time before the commencement of the this title) eligible to receive financial assist- ‘‘(b) OPERATORS DEEMED RAIL CARRIERS replacing entity’s rail passenger service, the ance under section 5307 of this title, or to its AND EMPLOYERS FOR CERTAIN PURPOSES.—A replacing entity shall give written notice of contractor performing services in connection person that conducts rail operations over its plan to replace existing rail passenger with commuter rail passenger operations (as rail infrastructure constructed or improved service to the authorized collective bar- so defined); with funding provided in whole or in part in gaining agent or agents for the potentially ‘‘(2) the Alaska Railroad or its contractors; a grant made under this title shall be consid- adversely affected employees of the prede- or ered a rail carrier as defined in section cessor provider at least 90 days before the ‘‘(3) the National Railroad Passenger Cor- 10102(5) of this title for purposes of this title date on which it plans to commence service. poration’s access rights to railroad rights of and any other statute that adopts that defi- Within 5 days after the date of receipt of way and facilities under current law.’’. nition or in which that definition applies, in- such written notice, negotiations between (b) CONFORMING AMENDMENTS.— cluding— the replacing entity and the collective bar- (1) The table of chapters for the title is ‘‘(1) the Railroad Retirement Act of 1974 (45 gaining agent or agents for the employees of amended by inserting the following after the U.S.C. 231 et seq.); and the predecessor provider shall commence for item relating to chapter 243:

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.148 S20OCPT1 S11684 CONGRESSIONAL RECORD — SENATE October 20, 2005 ‘‘244. Intercity passenger rail ‘‘§ 22503. Purposes major projects funded under section 130 of service capital assistance ...... 24401’’. ‘‘(a) PURPOSES.—The purposes of a State title 23. ‘‘(2) The chapter analysis for subtitle V is rail plan are as follows: ‘‘(10) A performance evaluation of pas- amended by inserting the following after the ‘‘(1) To set forth State policy involving senger rail services operating in the State, item relating to chapter 243: freight and passenger rail transportation, in- including possible improvements in those ‘‘244. Intercity passenger rail cluding commuter rail operations, in the services, and a description of strategies to service capital assistance ...... 24401’’. State. achieve those improvements. ‘‘(11) A compilation of studies and reports SEC. 302. STATE RAIL PLANS. ‘‘(2) To establish the period covered by the State rail plan. on high-speed rail corridor development (a) IN GENERAL.—Part B of subtitle V is within the State not included in a previous amended by adding at the end the following: ‘‘(3) To present priorities and strategies to enhance rail service in the State that bene- plan under this subchapter, and a plan for ‘‘CHAPTER 225. STATE RAIL PLANS AND fits the public. funding any recommended development of HIGH PRIORITY PROJECTS ‘‘(4) To serve as the basis for Federal and such corridors in the State. ‘‘Sec. State rail investments within the State. ‘‘(12) A statement that the State is in com- ‘‘22501. Definitions ‘‘(b) COORDINATION.—A State rail plan shall pliance with the requirements of section ‘‘22502. Authority be coordinated with other State transpor- 22102. ‘‘22503. Purposes tation planning goals and programs and set ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT ‘‘22504. Transparency; coordination; review forth rail transportation’s role within the PROGRAM.— ‘‘22505. Content State transportation system. ‘‘(1) PROGRAM CONTENT.—A long-range rail ‘‘22506. Review investment program included in a State rail ‘‘§ 22504. Transparency; coordination; review ‘‘§ 22501. Definitions plan under subsection (a)(5) shall include the ‘‘(a) PREPARATION.—A State shall provide ‘‘In this subchapter: following matters: adequate and reasonable notice and oppor- ‘‘(1) PRIVATE BENEFIT.— ‘‘(A) A list of any rail capital projects ex- tunity for comment and other input to the ‘‘ (A) IN GENERAL.—The term ‘private ben- pected to be undertaken or supported in efit’— public, rail carriers, commuter and transit whole or in part by the State. ‘‘(i) means a benefit accrued to a person or authorities operating in, or affected by rail ‘‘(B) A detailed funding plan for those private entity, other than the National Rail- operations within the State, units of local projects. road Passenger Corporation, that directly government, and other interested parties in ‘‘(2) PROJECT LIST CONTENT.—The list of improves the economic and competitive con- the preparation and review of its State rail rail capital projects shall contain— dition of that person or entity through im- plan. ‘‘(A) a description of the anticipated public proved assets, cost reductions, service im- ‘‘(b) INTERGOVERNMENTAL COORDINATION.— and private benefits of each such project; and provements, or any other means as defined A State shall review the freight and pas- ‘‘(B) a statement of the correlation be- by the Secretary; and senger rail service activities and initiatives tween— ‘‘(ii) shall be determined on a project-by- by regional planning agencies, regional ‘‘(i) public funding contributions for the project basis, based upon an agreement be- transportation authorities, and municipali- projects; and tween the parties. ties within the State, or in the region in ‘‘(ii) the public benefits. ‘‘(B) CONSULTATION.—The Secretary may which the State is located, while preparing ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In seek the advice of the States and rail car- the plan, and shall include any recommenda- preparing the list of freight and intercity riers in further defining this term. tions made by such agencies, authorities, passenger rail capital projects, a State rail ‘‘(2) PUBLIC BENEFIT.— and municipalities as deemed appropriate by transportation authority should take into ‘‘(A) IN GENERAL.—The term ‘public ben- the State. consideration the following matters: efit’— ‘‘§ 22505. Content ‘‘(A) Contributions made by non-Federal and non-State sources through user fees, ‘‘(i) means a benefit accrued to the public ‘‘(a) IN GENERAL.—Each State rail plan in the form of enhanced mobility of people or shall contain the following: matching funds, or other private capital in- goods, environmental protection or enhance- ‘‘(1) An inventory of the existing overall volvement. ment, congestion mitigation, enhanced trade rail transportation system and rail services ‘‘(B) Rail capacity and congestion effects. ‘‘(C) Effects on highway, aviation, and and economic development, improved air and facilities within the State and an anal- maritime capacity, congestion, or safety. quality or land use, more efficient energy ysis of the role of rail transportation within ‘‘(D) Regional balance. use, enhanced public safety or security, re- the State’s surface transportation system. ‘‘(E) Environmental impact. duction of public expenditures due to im- ‘‘(2) A review of all rail lines within the ‘‘(F) Economic and employment impacts. proved transportation efficiency or infra- State, including proposed high speed rail ‘‘(G) Projected ridership and other service structure preservation, and any other posi- corridors and significant rail line segments measures for passenger rail projects. tive community effects as defined by the not currently in service. Secretary; and ‘‘(3) A statement of the State’s passenger ‘‘§ 22506. Review ‘‘(ii) shall be determined on a project-by- rail service objectives, including minimum The Secretary shall prescribe procedures project basis, based upon an agreement be- service levels, for rail transportation routes for States to submit State rail plans for re- tween the parties. in the State. view under this title, including standardized ‘‘(B) CONSULTATION.—The Secretary may ‘‘(4) A general analysis of rail’s transpor- format and data requirements. State rail seek the advice of the States and rail car- tation, economic, and environmental im- plans completed before the date of enact- riers in further defining this term. pacts in the State, including congestion ment of the Passenger Rail Investment and ‘‘(3) STATE.—The term ‘State’ means any of mitigation, trade and economic develop- Improvement Act of 2005 that substantially the 50 States and the District of Columbia. ment, air quality, land use, energy use, and meet the requirements of this chapter, as de- ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- community impacts. termined by the Secretary, shall be deemed ITY.—The term ‘State rail transportation au- ‘‘(5) A long-range rail investment program by the Secretary to have met the require- thority’ means the State agency or official for current and future freight and passenger ments of this chapter’’. responsible under the direction of the Gov- infrastructure in the State that meets the (b) CONFORMING AMENDMENTS.— ernor of the State or a State law for prepara- requirements of subsection (b). (1) The table of chapters for the title is tion, maintenance, coordination, and admin- ‘‘(6) A statement of public financing issues amended by inserting the following after the istration of the State rail plan.’’. for rail projects and service in the State, in- item relating to chapter 223: ‘‘§ 22502. Authority cluding a list of current and prospective pub- ‘‘225. State rail plans ...... 22501’’. ‘‘(a) IN GENERAL.—Each State may prepare lic capital and operating funding resources, ‘‘(2) The chapter analysis for subtitle V is and maintain a State rail plan in accordance public subsidies, State taxation, and other fi- amended by inserting the following after the with the provisions of this subchapter. nancial policies relating to rail infrastruc- item relating to chapter 223: ‘‘(b) REQUIREMENTS.—For the preparation ture development. and periodic revision of a State rail plan, a ‘‘(7) An identification of rail infrastructure ‘‘225. State rail plans ...... 24401’’. State shall— issues within the State that reflects con- SEC. 303. NEXT GENERATION CORRIDOR TRAIN ‘‘(1) establish or designate a State rail sultation with all relevant stake holders. EQUIPMENT POOL. transportation authority to prepare, main- ‘‘(8) A review of major passenger and (a) IN GENERAL.—Within 180 days after the tain, coordinate, and administer the plan; freight intermodal rail connections and fa- date of enactment of this Act, Amtrak shall ‘‘(2) establish or designate a State rail plan cilities within the State, including seaports, establish a Next Generation Corridor Equip- approval authority to approve the plan; and prioritized options to maximize service ment Pool Committee, comprised of rep- ‘‘(3) submit the State’s approved plan to integration and efficiency between rail and resentatives of Amtrak, the Federal Railroad the Secretary of Transportation for review; other modes of transportation within the Administration, and interested States. The and State. purpose of the Committee shall be to design, ‘‘(4) revise and resubmit a State-approved ‘‘(9) A review of publicly funded projects develop specifications for, and procure stand- plan no less frequently than once every 5 within the State to improve rail transpor- ardized next-generation corridor equipment. years for reapproval by the Secretary. tation safety and security, including all (b) FUNCTIONS.—The Committee may—

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.150 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11685 (1) determine the number of different types ment of the Passenger Rail Investment and freight service, including the effects on high- of equipment required, taking into account Improvement Act of 2005; way and airport and airway congestion, envi- variations in operational needs and corridor ‘‘(4) develop and enhance partnerships with ronmental quality, and energy consumption; infrastructure; the freight and passenger railroad industry, ‘‘(3) to develop a better understanding of (2) establish a pool of equipment to be used States, and the public concerning rail devel- modal choice as it affects rail passenger and on corridor routes funded by participating opment; freight transportation, including develop- States; and ‘‘(5) support rail intermodal development ment of better models to predict utilization; (3) subject to agreements between Amtrak and high-speed rail development, including ‘‘(4) to recommend priorities for tech- and States, utilize services provided by Am- high speed rail planning; nology demonstration and development; trak to design, maintain and remanufacture ‘‘(6) ensure that programs and initiatives ‘‘(5) to meet additional priorities as deter- equipment. developed under this section benefit the pub- mined by the advisory board established (c) COOPERATIVE AGREEMENTS.—Amtrak lic and work toward achieving regional and under subsection (c), including any rec- and States participating in the Committee national transportation goals; and ommendations made by the National Re- may enter into agreements for the funding, ‘‘(7) facilitate and coordinate efforts to as- search Council; procurement, remanufacture, ownership and sist freight and passenger rail carriers, tran- ‘‘(6) to explore improvements in manage- management of corridor equipment, includ- sit agencies and authorities, municipalities, ment, financing, and institutional struc- ing equipment currently owned or leased by and States in passenger-freight service inte- tures; Amtrak and next-generation corridor equip- gration on shared rights of way by providing ‘‘(7) to address rail capacity constraints ment acquired as a result of the Committee’s neutral assistance at the joint request of af- that affect passenger and freight rail service actions, and may establish a corporation, fected rail service providers and infrastruc- through a wide variety of options, ranging which may be owned or jointly-owned by ture owners relating to operations and ca- from operating improvements to dedicated Amtrak, participating States or other enti- pacity analysis, capital requirements, oper- new infrastructure, taking into account thei ties, to perform these functions. ating costs, and other research and planning impact of such options on operations; ‘‘(8) to improve maintenance, operations, (d) FUNDING.—In addition to the authoriza- related to corridors shared by passenger or customer service, or other aspects of inter- tion provided in section 105 of this Act, cap- commuter rail service and freight rail oper- city rail passenger and freight service; ital projects to carry out the purposes of this ations. ‘‘(9) to recommend objective methodologies section shall be eligible for grants made pur- ‘‘(h) PERFORMANCE GOALS AND REPORTS.— for determining intercity passenger rail suant to chapter 244 of title 49, United States ‘‘(1) PERFORMANCE GOALS.—In conjunction routes and services, including the establish- Code. with the objectives established and activities under-taken under section 103(e) of this title, ment of new routes, the elimination of exist- SEC. 304. FEDERAL RAIL POLICY. ing routes, and the contraction or expansion Section 103 is amended— the Administrator shall develop a schedule for achieving specific, measurable perform- of services or frequencies over such routes; (1) by inserting ‘‘IN GENERAL.—’’ before ‘‘(10) to review the impact of equipment ance goals. ‘‘The Federal’’ in subsection (a); and operational safety standards on the fur- ‘‘(2) RESOURCE NEEDS.—The strategy and (2) by striking the second and third sen- ther development of high speed passenger tences of subsection (a); annual plans shall include estimates of the funds and staff resources needed to accom- rail operations connected to or integrated (3) by inserting ‘‘ADMINISTRATOR.—’’ before with non-high speed freight or passenger rail ‘‘The head’’ in subsection (b); plish each goal and the additional duties required under section 103(e). operations; and (4) by redesignating subsections (c), (d), ‘‘(11) to recommend any legislative or reg- ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- and (e) as subsections (d), (e), and (f), respec- ulatory changes necessary to foster further ET.—Beginning with fiscal year 2007 and each tively and by inserting after subsection (b) development and implementation of high fiscal year thereafter, the Secretary shall the following: speed passenger rail operations while ensur- submit to Congress, at the Isame time as the ‘‘(c) SAFETY.—To carry out all railroad ing the safety of such operations that are President’s budget submission, the Adminis- safety laws of the United States, the Admin- connected to or integrated with non-high tration’s performance goals and schedule de- istration is divided on a geographical basis speed freight or passenger rail operations. veloped under paragraph (1), including an as- into at least 8 safety offices. The Secretary ‘‘(c) ADVISORY BOARD.— sessment of the progress of the Administra- of Transportation is responsible for all acts ‘‘(1) ESTABLISHMENT.—In consultation with tion toward achieving its performance taken under those laws and for ensuring that the heads of appropriate Federal depart- goals.’’ . the laws are uniformly administered and en- ments and agencies, the Secretary shall es- forced among the safety offices.’’; SEC. 305. RAIL COOPERATIVE RESEARCH PRO- tablish an advisory board to recommend re- GRAM. (5) by inserting ‘‘POWERS AND DUTIES.—’’ search, technology, and technology transfer before ‘‘The’’ in subsection (d), as redesig- (a) ESTABLISHMNT AND CONTENT.—Chapter activities related to rail passenger and nated; 249 is amended by adding at the end the fol- freight transportation. (6) by striking ‘‘and’’ after the semicolon lowing: ‘‘(2) MEMBERSHIP.—The advisory board in paragraph (1) of subsection (d), as redesig- ‘‘24910. Rail cooperative research program shall include— nated; ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(A) representatives of State transpor- (7) by redesignating paragraph (2) of sub- tablish and carry out a rail cooperative re- tation agencies; section (d), as redesignated, as paragraph (3) search program. The program shall— ‘‘(B) transportation and environmental and inserting after paragraph (1) the fol- ‘‘(1) address, among other matters, inter- economists, scientists, and engineers; and lowing: city rail passenger and freight rail services, ‘‘(C) representatives of Amtrak, the Alaska ‘‘(2) the duties and powers related to rail- including existing rail passenger and freight Railroad, freight railroads, transit operating road policy and development under sub- technologies and speeds, incrementally en- agencies, intercity rail passenger agencies, section (e); and’’; hanced rail systems and infrastructure, and railway labor organizations, and environ- (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ new highspeed wheel-on-rail systems and rail mental organizations. ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The before ‘‘A duty’’ in subsection (e), as redesig- security; Secretary may make grants to, and enter nated; ‘‘(2) address ways to expand the transpor- into cooperative agreements with, the Na- (9) by inserting ‘‘CONTRACTS, GRANTS, tation of international trade traffic by rail, tional Academy of Sciences to carry out LEASES, COOPERATIVE AGREEMENTS, AND SIMI- enhance the efficiency of intermodal inter- such activities relating to the research, tech- LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in change at ports and other intermodal termi- nology, and technology transfer activities subsection (f), as redesignated; nals, and increase capacity and availability described in subsection (b) as the Secretary (10) by striking the last sentence in sub- of rail service for seasonal freight needs; section (f), as redesignated; and ‘‘(3) consider research on the interconnect- deems appropriate.’’ (b) CLERICAL AMENDMENT.—The chapter (11) by adding at the end the following: edness of commuter rail, passenger rail, analysis for chapter 249 is amended by add- ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- freight rail, and other rail networks; and ing at the end the following: TRATOR.—The Administrator shall— ‘‘(4) give consideration to regional con- ‘‘(1) provide assistance to States in devel- cerns regarding rail passenger and freight ‘‘24910. Rail cooperative research program’’. oping State rail plans prepared under chap- transportation, including meeting research TITLE IV—PASSENGER RAIL SECURITY ter 225 and review all State rail plans sub- needs common to desgnated high-speed cor- AND SAFETY mitted under that section; ridors, long-distance rail services, and re- SEC. 401. SYSTEMWIDE AMTRAK SECURITY UP- ‘‘(2) develop a long range national rail plan gional intercity rail corridors, projects, and GRADES. that is consistent with approved State rail entities. (a) IN GENERAL—Subject to subsection (c) plans and the rail needs of the Nation, as de- ‘‘(b) CONTENT.—The program to be carried the Secretary of Homeland Security, in con- termined by the Secretary in order to pro- out under this section shall include research sultation with the Secretary of Transpor- mote an integrated, cohesive, efficient, and designed— tation, is authorized to make grants to Am- optimized national rail system for the move- ‘‘(1) to identify the unique aspects and at- trak— ment of goods and people; tributes of rail passenger and freight service; (1) to secure major tunnel access points ‘‘(3) develop a preliminary national rail ‘‘(2) to develop more accurate models for and ensure tunnel integrity in New York, plan within a year after the date of enact- evaluating the impact of rail passenger and Baltimore, and Washington, DC;

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.153 S20OCPT1 S11686 CONGRESSIONAL RECORD — SENATE October 20, 2005 (2) to secure Amtrak trains; (1) until Amtrak has submitted to the Sec- names of the passengers aboard the train (3) to secure Amtrak stations; retary, and the Secretary has approved, an (whether or not such names have been (4) to obtain a watch list identification engineering and financial plan for such verified), and will periodically update the system approved by the Secretary; projects; and list. The plan shall include a procedure, with (5) to obtain train tracking and interoper- (2) unless, for each project funded pursuant respect to unreserved trains and passengers able communications systems that are co- to this section, the Secretary has approved a not holding reservations on other trains, for ordinated to the maximum extent possible; project management plan prepared by Am- Amtrak to use reasonable efforts to ascer- (6) to hire additional police and security trak addressing appropriate project budget, tain the number and names of passengers officers, including canine units; construction schedule, recipient staff organi- aboard a train involved in an accident. (7) to expand emergency preparedness ef- zation, document control and record keep- ‘‘(2) A plan for creating and publicizing a forts; and (8) for employee security training. ing, change order procedure, quality control reliable, toll-free telephone number within 4 (b) CONDITIONS.—The Secretary of Trans- and assurance, periodic plan updates, and hours after such an accident occurs, and for portation shall disburse funds to Amtrak periodic status reports. providing staff, to handle calls from the fam- provided under subsection (a) for projects (f) REVIEW OF PLANS.—The Secretary of ilies of the passengers. contained in a systemwide security plan ap- Transportation shall complete the review of ‘‘(3) A process for notifying the families of proved by the Secretary of Homeland Secu- the plans required by paragraphs (1) and (2) the passengers, before providing any public rity. The plan shall include appropriate of subsection (e) and approve or disapprove notice of the names of the passengers, by measures to address security awareness, the plans within 45 days after the date on suitably trained individuals. emergency response, and passenger evacu- which each such plan is submitted by Am- ‘‘(4) A process for providing the notice de- ation training. trak. If the Secretary determines that a plan scribed in paragraph (2) to the family of a (c) EQUITABLE GEOGRAPHIC ALLOCATION.— is incomplete or deficient, the Secretary passenger as soon as Amtrak has verified The Secretary shall ensure that, subject to shall notify Amtrak of the incomplete items that the passenger was aboard the train meeting the highest security needs on Am- or deficiencies and Amtrak shall, within 30 (whether or not the names of all of the pas- trak’s entire system, stations and facilities days after receiving the Secretary’s notifica- sengers have been verified). located outside of the Northeast Corridor re- tion, submit a modified plan for the Sec- ‘‘(5) A process by which the family of each ceive an equitable share of the security funds retary’s review. Within 15 days after receiv- passenger will be consulted about the dis- authorized by this section. ing additional information on items pre- position of all remains and personal effects (d) AUTHORIZATION OF APPROPRIATIONS.— viously included in the plan, and within 45 of the passenger within Amtrak’s control; There are authorized to be appropriated to days after receiving items newly included in that any possession of the passenger within the Secretary of Homeland Security to carry a modified plan, the Secretary shall either Amtrak’s control will be returned to the out this section— approve the modified plan, or, if the Sec- family unless the possession is needed for the (1) $63,500,000 for fiscal year 2006; accident investigation or any criminal inves- (2) $30,000,000 for fiscal year 2007; and retary finds the plan is still incomplete or deficient, the Secretary shall identify in tigation; and that any unclaimed possession (3) $30,000,000 for fiscal year 2008. of a passenger within Amtrak’s control will Amounts appropriated pursuant to this writing to the Senate Committee on Com- merce, Science, and Transportation and the be retained by the rail passenger carrier for subsection shall remain available until ex- at least 18 months. pended. House of Representatives Committee on Transportation and Infrastructure the por- ‘‘(6) A process by which the treatment of SEC. 402. FIRE AND LIFE-SAFETY IMPROVE- tions of the plan the Secretary finds incom- the families of nonrevenue passengers will be MENTS. the same as the treatment of the families of (a) LIFE-SAFETY NEEDS.—The Secretary of plete or deficient, approve all other portions of the plan, obligate the funds associated revenue passengers. Transportation is authorized to make grants ‘‘(7) An assurance that Amtrak will pro- with those other portions, and execute an to Amtrak for the purpose of making fire vide adequate training to its employees and agreement with Amtrak within 15 days and life-safety improvements to Amtrak agents to meet the needs of survivors and thereafter on a process for resolving the re- tunnels on the Northeast Corridor in New family members following an accident. maining portions of the plan. York, NY, Baltimore, MD, and Washington, ‘‘(c) USE OF INFORMATION.—The National (g) FINANCIAL CONTRIBUTION FROM OTHER DC. Transportation Safety Board, the Secretary TUNNEL USERS.—The Secretary shall, taking (b) AUTHORIZATION OF APPROPRIATIONS.— of Transportation, and Amtrak may not re- into account the need for the timely comple- There are authorized to be appropriated to lease to any person information on a list ob- tion of all portions of the tunnel projects de- the Secretary of Transportation for the pur- tained under subsection (b)(l) but may proscribed in subsection (a)— poses of carrying out subsection (a) the fol- vide information on the list about a pas- (1) consider the extent to which rail car- lowing amounts: senger to the family of the passenger to the riers other than Amtrak use or plan to use (1) For the 6 New York tunnels to provide extent that the Board or Amtrak considers the tunnels; ventilation, electrical, and fire safety tech- appropriate. (2) consider the feasibility of seeking a fi- nology upgrades, emergency communication ‘‘(d) LIMITATION ON LIABILITY.—Amtrak nancial contribution from those other rail and lighting systems, and emergency access shall not be liable for damages in any action carriers toward the costs of the projects; and and egress for passengers— brought in a Federal or State court arising (3) obtain financial contributions or com- (A) $190,000,000 for fiscal year 2006; out of the performance of Amtrak in pre- mitments from such other rail carriers at (B) $190,000,000 for fiscal year 2007; paring or providing a passenger list, or in levels reflecting the extent of their use or (C) $190,000,000 for fiscal year 2008; providing information concerning a train (2) For the Baltimore & Potomac tunnel planned use of the tunnels, if feasible. reservation, pursuant to a plan submitted by and the Union tunnel, together, to provide SEC. 403. AMTRAK PLAN TO ASSIST FAMILIES OF Amtrak under subsection (b), unless such li- adequate drainage, ventilation, communica- PASSENGERS INVOLVED IN RAIL ability was caused by Amtrak’s conduct. tion, lighting, and passenger egress up- PASSENGER ACCIDENTS. ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- grades— (a) IN GENERAL.—Chapter 243 of title 49, TION.—Nothing in this section may be con- United States Code, is amended by adding at (A) $19,000,000 for fiscal year 2006; strued as limiting the actions that Amtrak (B) $19,000,000 for fiscal year 2007; the end the following: may take, or the obligations that Amtrak (C) $19,000,000 for fiscal year 2008; ‘‘§ 24316. Plans to address needs of families of (3) For the Washington, DC, Union Station may have, in providing assistance to the passengers involved in rail passenger acci- tunnels to improve ventilation, communica- families of passengers involved in a rail pas- dents tion, lighting, and passenger egress up- senger accident. ‘‘(f) FUNDING.—There are authorized to be grades— ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 (A) $13,333,000 for fiscal year 2006; months after the date of the enactment of appropriated to the Secretary of Transpor- (B) $13,333,000 for fiscal year 2007; the Passenger Rail Investment and Improve- tation for the use of Amtrak $500,000 for fis- (C) $13,333,000 for fiscal year 2008; ment Act of 2005, Amtrak shall submit to the cal year 2006 to carry out this section. (c) INFRASTRUCTURE UPGRADES.—There are Chairman of the National Transportation Amounts made available pursuant to this authorized to be appropriated to the Sec- Safety Board and the Secretary of Transpor- subsection shall remain available until ex- retary of Transportation for fiscal year 2006 tation a plan for addressing the needs of the pended.’’. $3,000,000 for the preliminary design of op- families of passengers involved in any rail (b) CONFORMING AMENDMENT.—The chapter tions for a new tunnel on a different align- passenger accident involving an Amtrak analysis for chapter 243 of title 49, United ment to augment the capacity of the exist- intercity train and resulting in a loss of life. States Code, is amended by adding at the end ing Baltimore tunnels. ‘‘(b) CONTENTS OF PLANS.—The plan to be the following: (d) AVAILABILITY OF APPROPRIATED submitted by Amtrak under subsection (a) ‘‘24316. Plan to assist families of passengers FUNDS.—Amounts made available pursuant shall include, at a minimum, the following: involved in rail passenger acci- to this section shall remain available until ‘‘(1) A process by which Amtrak will main- dents.’’ . expended. tain and provide to the National Transpor- SEC. 404. NORTHERN BORDER RAIL PASSENGER (e) PLANS REQUIRED.—The Secretary may tation Safety Board and the Secretary of REPORT. not make amounts available to Amtrak for Transportation, immediately upon request, a Within 180 days after the date of enact- obligation or expenditure under subsection list (which is based on the best available in- ment of this Act, the Secretary of Transpor- (a)— formation at the time of the request) of the tation, in consultation with the Secretary of

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.156 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11687 Homeland Security, the Assistant Secretary ‘‘§ 26106. Rail infrastructure bonds in subsection (a)(2)(B)), shall be subject to of Homeland Security (Transportation Secu- ‘‘(a) DESIGNATION.—The Secretary may des- the conditions under section 24405. rity Administration), heads of other appro- ignate bonds for purposes of section 54A of ‘‘(f) ISSUANCE OF REGULATIONS.—Not later priate Federal departments, and agencies the Internal Revenue Code of 1986 if— than 6 months after the date of the enact- and the National Railroad Passenger Cor- ‘‘(1) the bonds are to be issued by— ment of the Passenger Rail Investment and poration, shall transmit a report to the Sen- ‘‘(A) a State, if the entire railroad pas- Improvement Act of 2005, the Secretary shall ate Committee on Commerce, Science, and senger transportation corridor containing issue regulations for carrying out this sec- Transportation and the House of Representa- the infrastructure project to be financed is tion. ‘‘(g) SECTION 54A BOND DEFINED.—In this tives Committee on Transportation and In- within the State; section, the term ‘section 54A bond’ means a frastructure that contains— ‘‘(B) 1 or more of the States that have en- bond designated by the Secretary under sub- (1) a description of the current system for tered into an agreement or an interstate section (a) for purposes of section 54A of the screening passengers and baggage on pas- compact consented to by Congress under sec- Internal Revenue Code of 1986 (relating to senger rail service between the United States tion 410(a) of Public Law 105–134 (49 U.S.C. credit to holders of qualified rail infrastruc- and Canada; 24101 note); (2) an assessment of the current program ture bonds).’’. ‘‘(C) an agreement or an interstate com- to provide preclearance of airline passengers (b) CONFORMING AMENDMENT.—The table of pact described in subparagraph (B); or between the United States and Canada as sections for chapter 261 is amended by adding ‘‘(D) Amtrak, for capital projects under its outlined in ‘‘The Agreement on Air Trans- after the item relating to section 26105 the 5–year plan; port Preclearance between the Government following new item: ‘‘(2) the bonds are for the purpose of fi- of Canada and the Government of the United nancing projects that make a substantial ‘‘26106. Rail infrastructure bonds.’’ States of America’’, dated January 18, 2001; contribution to providing the infrastructure (3) an assessment of the current program SA 2152. Mr. COLEMAN (for himself, and equipment required to complete or im- to provide preclearance of freight railroad prove a rail transportation corridor (includ- Mr. DAYTON, and Mr. DEWINE) sub- traffic between the United States and Can- ing projects for the acquisition, financing, or mitted an amendment intended to be ada as outlined in the ‘‘Declaration of Prin- refinancing of equipment and other capital proposed by him to the bill H.R. 3058, ciple for the Improved Security of Rail Ship- improvements, including the introduction of making appropriations for the Depart- ments by Canadian National Railway and new high-speed technologies such as mag- Canadian Pacific Railway from Canada to ments of Transportation, Treasury, netic levitation systems, track or signal im- the United States’’, dated April 2, 2003; and Housing and Urban Development, (4) information on progress by the Depart- provements, the elimination of grade cross- the Judiciary, District of Columbia, ment of Homeland Security and other Fed- ings, development of intermodal facilities, and independent agencies for the fiscal improvement of train speeds or safety, or eral agencies towards finalizing a bilateral year ending September 30, 2006, and for protocol with Canada that would provide for both, and station rehabilitation or construction), but only if the Secretary determines other purposes; which was ordered to preclearance of passengers on trains oper- lie on the table; as follows: ating between the United States and Canada; that the projects are part of a viable and (5) a description of legislative, regulatory, comprehensive rail transportation corridor At the appropriate place, insert the fol- budgetary, or policy barriers within the design for intercity passenger service in- lowing: United States Government to providing precluded in a State rail plan under chapter 225 SEC. ll. ALL-TERRAIN VEHICLES. screened passenger lists for rail passengers (except for bonds issued under paragraph (a) IN GENERAL.—Notwithstanding any traveling between the United States and (1)(D)); and other provision of law, it is unlawful for any Canada to the Department of Homeland Se- ‘‘(3) for a railroad passenger transportation person to import into the United States or curity; corridor not operated by Amtrak that in- any manufacturer or wholesale distributor (6) a description of the position of the Gov- cludes the use of rights-of-way owned by a to distribute in commerce any new assem- ernment of Canada and relevant Canadian freight railroad, a written agreement exists bled or unassembled ATV unless— agencies with respect to preclearance of such between the applicant and the freight rail- (1)(A) with respect to an ATV designed for passengers; road regarding such use and ownership, in- use by single operator only, such ATV com- (7) a draft of any changes in existing Fed- cluding compensation for such use and assur- plies with any applicable provision of the eral law necessary to provide for pre-screen- ances regarding the adequacy of infrastruc- American National Standard for Four Wheel ing of such passengers and providing pre- ture capacity to accommodate both existing All-Terrain Vehicles—Equipment, Configura- screened passenger lists to the Department and future freight and passenger operations, tion, and Performance Requirements devel- of Homeland Security; and and including an assurance by the freight oped by the Specialty Vehicle Institute of (8) an analysis of the feasibility of rein- railroad that collective bargaining agree- America (American National Standard ANSI/ stating United States Customs and Border ments with the freight railroad’s employees SVIA–1–2001) or any applicable provision of a Patrol rolling inspections onboard inter- (including terms regulating the contracting revision of such Standard; or national Amtrak trains. of work) shall remain in full force and effect (B) with respect to an ATV designed for SEC. 405. PASSENGER, BAGGAGE, AND CARGO according to their terms for work performed use by an operator and passengers, such ATV SCREENING. by the freight railroad on such railroad pas- complies with any applicable provisions of (a) REQUIREMENT FOR STUDY AND REPORT.— senger transportation corridor. any future American National Standard de- The Secretary of Homeland Security, in co- ‘‘(b) PROJECT SELECTION CRITERIA.—The veloped for such vehicles; operation with the Secretary of Transpor- Secretary shall give preference to the des- (2) with respect to an ATV, it is subject to tation through the Assistant Secretary of ignation under this section of bonds for or covered by a letter of undertaking or an Homeland Security (Transportation Security projects selected using the criteria in chap- ATV action plan that— Administration) and other appropriate agen- ter 244. (A) applies to such ATV; cies, shall— ‘‘(c) TIMELY DISPOSITION OF APPLICATION.— (B) includes actions to promote ATV safe- (1) study the cost and feasibility of requir- The Secretary shall grant or deny a re- ty; and ing security screening for passengers, bag- quested designation within 9 months after (C)(i) was submitted to the Commission gage, and cargo on passenger trains includ- receipt of an application. and implemented prior to September 23, 2005; ing an analysis of any passenger train ‘‘(d) REFINANCING RULES.—Bonds des- or screening pilot programs undertaken by the ignated by the Secretary under subsection (ii) is approved by the Commission and is Department of Homeland Security; and (a) may be issued for refinancing projects substantially implemented at the time of the (2) report the results of the study, together only if the indebtedness being refinanced (in- import into the United States or the dis- with any recommendations that the Sec- cluding any obligation directly or indirectly tribution in commerce of such ATV; and retary of Homeland Security may have for refinanced by such indebtedness) was origi- (3) such ATV bears a permanent label cer- implementing a rail security screening pro- nally incurred by the issuer— tifying that it complies with the provisions gram to the Senate Committee on Com- ‘‘(1) after the date of the enactment of this of paragraphs (1) and (2). merce, Science, and Transportation and the section; (b) DEFINITIONS.—In this section: House of Representatives Committee on ‘‘(2) for a term of not more than 3 years; (1) ATV.—The term ‘‘ATV’’ means any mo- Transportation and Infrastructure within 1 ‘‘(3) to finance projects described in sub- torized, off-highway, all-terrain vehicle de- year after the date of enactment of this Act. section (a)(2); and signed to travel on 4 wheels, having a seat (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) in anticipation of being refinanced designed to be straddled by the operator and There are authorized to be appropriated to with proceeds of a bond designated under handlebars for steering control and does not the Secretary of Homeland Security subsection (a). include a prototype of an motorized, off- $1,000,000 for fiscal year 2006 to carry out this ‘‘(e) APPLICATION OF CONDITIONS.—Any en- highway, all-terrain vehicle or other off- section. tity providing railroad transportation (with- highway, all-terrain vehicle that is intended TITLE V—RAIL BOND AUTHORITY in the meaning of section 20102) that begins exclusively for research and development SEC. 501. INTERCITY RAIL FACILITY BONDS. operations after the date of the enactment of purposes. (a) IN GENERAL.—Chapter 261 is amended this section and that uses property acquired (2) COMMISSION, DISTRIBUTION IN COMMERCE, by adding at the end the following: pursuant to this section (except as provided TO DISTRIBUTE IN COMMERCE, IMPORT, UNITED

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.160 S20OCPT1 S11688 CONGRESSIONAL RECORD — SENATE October 20, 2005

STATES.—The terms ‘‘Commission’’, ‘‘dis- not later than December 31, 2015, public-use ‘Public Housing Capital Fund’ and ‘Public tribution in commerce’’, ‘‘to distribute in airports shall improve their runway safety Housing Operating Fund’. commerce’’, ‘‘import’’, and ‘‘United States’’ areas to comply with the Federal Aviation ‘‘(3) $200,000,000 for activities provided for have the meaning given those terms in sec- Administration design standards.’’. under the heading ‘Community Development tion 3(a) of the Consumer Product Safety Act Fund’ to carry out the community develop- (15 U.S.C. 2052(a)). SA 2156. Mr. LAUTENBERG (for him- ment block grant program under title I of (c) VIOLATION OF CPSA.—Any violation of self and Mr. CORZINE) submitted an the Housing and Community Development subsection (a) shall be considered to be a pro- amendment intended to be proposed by Act of 1974 (42 U.S.C. 5301 et seq.).’’. hibited act within the meaning of section 19 him to the bill H.R. 3058, making ap- of the Consumer Product Safety Act (15 propriations for the Departments of SA 2158. Mr. ENSIGN (for himself U.S.C. 2068) and shall be subject to the pen- Transportation, Treasury, and Housing and Mr. VITTER) proposed an amend- alties and remedies available for prohibited and Urban Development, the Judiciary, ment to amendment S. 2133 proposed acts under the Consumer Product Safety by Mr. DORGAN (for himself, Mr. CRAIG, Act. District of Columbia, and independent Mr. ENZI, and Mr. BAUCUS) to the bill (d) VIOLATION OF CUSTOMS LAWS.—The im- agencies for the fiscal year ending Sep- portation of an ATV into the United States tember 30, 2006, and for other purposes; H.R. 3058, making appropriations for in violation of subsection (a) shall be a viola- which was ordered to lie on the table; the Departments of Transportation, tion of the customs laws of the United States as follows: Treasury, and Housing and Urban De- and any applicable provisions thereof. On page 276, after line 24, add the fol- velopment, the Judiciary, District of (e) EFFECTIVE DATE.—This section shall be- lowing: Columbia, and independent agencies come effective 90 days after the date of the SEC. ll. AMENDMENTS TO EXCLUDE SOLID for the fiscal year ending September 30, enactment of this Act. WASTE DISPOSAL FROM THE JURIS- DICTION OF THE BOARD. 2006, and for other purposes; as follows: SA 2153. Mr. COBURN submitted an Section 10501 of title 49, United States Strike all after the first word and insert amendment intended to be proposed by Code, is amended— the following: him to the bill H.R. 3058, making ap- (1) in subsection (b)(2), by inserting ‘‘ex- ll. (a) SHORT TITLE.—This section may be cept solid waste management facilities (as cited as the ‘‘Child Custody Protection Act’’. propriations for the Departments of defined in section 1004 of the Solid Waste (b) TRANSPORTATION OF MINORS IN CIR- Transportation, Treasury, and Housing Disposal Act (42 U.S.C. 6903)),’’ after ‘‘facili- CUMVENTION OF CERTAIN LAWS RELATING TO and Urban Development, the Judiciary, ties,’’; and ABORTION.— District of Columbia, and independent (2) in subsection (c)(2)— (1) IN GENERAL.—Title 18, United States agencies for the fiscal year ending Sep- (A) by striking ‘‘over mass’’ and inserting Code, is amended by inserting after chapter tember 30, 2006, and for other purposes; the following: ‘‘over— 117 the following: which was ordered to lie on the table; ‘‘(A) mass’’; and ‘‘CHAPTER 117A—TRANSPORTATION OF as follows: (B) by striking the period at the end and MINORS IN CIRCUMVENTION OF CER- inserting the following: ‘‘; or TAIN LAWS RELATING TO ABORTION On page 436, between lines 10 and 11, insert ‘‘(B) the processing or sorting of solid ‘‘Sec. the following: waste.’’. SEC. 8ll. No funds made available under ‘‘2431. Transportation of minors in cir- this Act shall be used to plan, design, or con- cumvention of certain laws re- SA 2157. Mr. LEAHY (for himself, Mr. lating to abortion struct, in the State of Alaska— COLEMAN, Mr. SARBANES, Mr. GRAHAM, (1) the Knik Arm Bridge; or ‘‘§ 2431. Transportation of minors in cir- Mr. REED, Ms. SNOWE, Mr. SCHUMER, (2) a bridge joining the Island of Gravina to cumvention of certain laws relating to the community of Ketchikan. Mr. OBAMA, Mr. KOHL, Mr. DORGAN, Mr. abortion ELSON AUTENBERG N of Florida, Mr. L , ‘‘(a) OFFENSE.— SA 2154. Mr. COBURN submitted an Mr. LEVIN, Mr. KERRY, Mr. JEFFORDS, ‘‘(1) GENERALLY.—Except as provided in amendment intended to be proposed by Mr. DODD, Ms. STABENOW, Mr. CORZINE, subsection (b), whoever knowingly trans- him to the bill H.R. 3058, making ap- Mr. SALAZAR, Mrs. CLINTON, Mr. DUR- ports a minor across a State line, with the propriations for the Departments of BIN, Ms. COLLINS, Mrs. FEINSTEIN, Mr. intent that such minor obtain an abortion, Transportation, Treasury, and Housing VOINOVICH, Mr. KENNEDY, Mr. DEWINE, and thereby in fact abridges the right of a and Urban Development, the Judiciary, Mr. SANTORUM, Mr. HARKIN, Mr. ROCKE- parent under a law requiring parental involvement in a minor’s abortion decision, in FELLER, Mr. LIEBERMAN, Mr. DAYTON, District of Columbia, and independent force in the State where the minor resides, Ms. CANTWELL, Mr. SPECTER, Mr. agencies for the fiscal year ending Sep- shall be fined under this title or imprisoned tember 30, 2006, and for other purposes; BINGAMAN, Ms. LANDRIEU, Mr. GRASS- not more than one year, or both. which was ordered to lie on the table; LEY, Mr. BAYH, Ms. MIKULSKI, Mr. ‘‘(2) DEFINITION.—For the purposes of this as follows: JOHNSON, Mr. CHAFEE, and Mr. TALENT) subsection, an abridgement of the right of a On page 406, between lines 7 and 8, insert submitted an amendment intended to parent occurs if an abortion is performed on the following: be proposed by him to the bill H.R. the minor, in a State other than the State where the minor resides, without the paren- SEC. 724. DEPARTMENT OF HOUSING AND URBAN 3058, making appropriations for the De- DEVELOPMENT RISK ASSESSMENT. partments of Transportation, Treas- tal consent or notification, or the judicial None of the funds made available in this ury, and Housing and Urban Develop- authorization, that would have been required Act shall be used by the Department of ment, the Judiciary, District of Colum- by that law had the abortion been performed in the State where the minor resides. Housing and Urban Development for pro- bia, and independent agencies for the grams and activities not in compliance with ‘‘(b) EXCEPTIONS.— fiscal year ending September 30, 2006, ‘‘(1) The prohibition of subsection (a) does section 2 of the Improper Payments Informa- and for other purposes; which was or- tion Act of 2002 (Public Law 107–300), includ- not apply if the abortion was necessary to ing any programs under the community de- dered to lie on the table; as follows: save the life of the minor because her life velopment block grant program under title I On page 298, on line 13 strike was endangered by a physical disorder, phys- of the Housing and Community Development ‘‘$1,500,000,000’’ and insert ‘‘$2,100,000,000’’. ical injury, or physical illness, including a Act of 1974 (42 U.S.C. 5301 et seq.). On page 299, line 14 strike the period and life endangering physical condition caused insert the following: ‘‘: Provided further, by or arising from the pregnancy itself. SA 2155. Mr. LAUTENBERG (for him- That notwithstanding the foregoing pro- ‘‘(2) A minor transported in violation of visos, of the amounts recaptured from this section, and any parent of that minor, self and Mr. CORZINE) submitted an amounts appropriated in prior years under may not be prosecuted or sued for a violation amendment intended to be proposed by this heading, such amounts are provided as of this section, a conspiracy to violate this him to the bill H.R. 3058, making ap- follows: section, or an offense under section 2 or 3 propriations for the Departments of ‘‘(1) $200,000,000 for activities provided for based on a violation of this section. Transportation, Treasury, and Housing under the heading ‘Tenant-based rental as- ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- and Urban Development, the Judiciary, sistance’, including $130,000,000 for the re- firmative defense to a prosecution for an of- District of Columbia, and independent newal of expiring section 8 contracts under fense, or to a civil action, based on a viola- agencies for the fiscal year ending Sep- section 8 of the United States Housing Act of tion of this section that the defendant rea- tember 30, 2006, and for other purposes; 1937 (42 U.S.C. 1437f), and not to exceed sonably believed, based on information the $70,000,000 for the conversion of section 811 defendant obtained directly from a parent of which was ordered to lie on the table; vouchers to tenant-based rental assistance the minor or other compelling facts, that be- as follows: vouchers. fore the minor obtained the abortion, the pa- On page 227, line 7, strike the period and ‘‘(2) $200,000,000 to be equally divided for rental consent or notification, or judicial au- insert the following: ‘‘: Provided further, That activities provided for under the headings thorization took place that would have been

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.087 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11689 required by the law requiring parental in- later than 60 days after the date of enact- and marginal production costs of making all volvement in a minor’s abortion decision, ment of this Act all portions of the final renew passenger automobiles and light trucks had the abortion been performed in the State port of the independent counsel of the inves- sold in the United States capable of using a where the minor resides. tigation of Henry Cisneros made under sec- flexible fuel mixture. ‘‘(d) CIVIL ACTION.—Any parent who suffers tion 594(h) of title 28, United States Code, ex- harm from a violation of subsection (a) may cept for any such portions that contain in- SA 2162. Mr. REED submitted an obtain appropriate relief in a civil action. formation of a personal nature that the divi- amendment intended to be proposed by ‘‘(e) DEFINITIONS.—For the purposes of this sion of the court determines the disclosure of him to the bill H.R. 3058, making ap- section— which would cause a clearly unwarranted in- propriations for the Departments of ‘‘(1) a ‘law requiring parental involvement vasion of privacy that outweighs the public Transportation, Treasury, and Housing in a minor’s abortion decision’ means a law— interest in a full accounting of this inves- and Urban Development, the Judiciary, ‘‘(A) requiring, before an abortion is per- tigation. Upon the release of the final report, formed on a minor, either— the final report shall be published pursuant District of Columbia, and independent ‘‘(i) the notification to, or consent of, a to section 594(h)(3) of title 28, United States agencies for the fiscal year ending Sep- parent of that minor; or Code. tember 30, 2006, and for other purposes; ‘‘(ii) proceedings in a State court; and (b)(1) After the release and publication of as follows: ‘‘(B) that does not provide as an alter- the final report referred to in subsection (a), On page 293, after line 25, add the fol- native to the requirements described in sub- the independent counsel shall continue his lowing: paragraph (A) notification to or consent of office only to the extent necessary and ap- SEC. ll. APPLICATION OF ARBITRAGE BOND any person or entity who is not described in propriate to perform the noninvestigative REGULATIONS TO CERTAIN STATE that subparagraph; and nonprosecutorial tasks remaining of his REVOLVING FUNDS. ‘‘(2) the term ‘parent’ means— statutory duties as required to conclude the Not later than 90 days after the date of the ‘‘(A) a parent or guardian; functions of his office. enactment of this Act, the Secretary of the ‘‘(B) a legal custodian; or (2) The duties referred to in paragraph (1) Treasury shall submit a report to the Com- ‘‘(C) a person standing in loco parentis who shall specifically include— mittees on Appropriations of the House of has care and control of the minor, and with (A) the evaluation of claims for attorney Representatives and the Senate to provide a whom the minor regularly resides, who is fees, pursuant to section 593(l) of title 28, legal basis for the application of section designated by the law requiring parental in- United States Code; 1.148-1(c) of the United States Treasury Reg- volvement in the minor’s abortion decision (B) the transfer of records to the Archivist ulations (regarding arbitrage bond regula- as a person to whom notification, or from of the United States pursuant to section tions) to the reserve funds held by the Clean whom consent, is required; 594(k) of title 28, United States Code; Water and Safe Drinking Water State revolv- ‘‘(3) the term ‘minor’ means an individual (C) compliance with oversight obligations ing funds which generally contain replace- who is not older than the maximum age re- pursuant to section 595(a) of title 28, United ment proceeds but not bond proceeds. quiring parental notification or consent, or States Code; and proceedings in a State court, under the law (D) preparation of statements of expendi- SA 2163. Mr. HAGEL submitted an requiring parental involvement in a minor’s tures pursuant to section 595(c) of title 28, amendment intended to be proposed by abortion decision; and United States Code. him to the bill H.R. 3058, making ap- ‘‘(4) the term ‘State’ includes the District (c)(1) The independent counsel shall have propriations for the Departments of of Columbia and any commonwealth, posses- not more than 90 days after the release and Transportation, Treasury, and Housing publication of the final report referred to in sion, or other territory of the United and Urban Development, the Judiciary, States.’’. subsection (a) to complete his remaining District of Columbia, and independent (2) CLERICAL AMENDMENT.—The table of statutory duties unless the division of the chapters for part I of title 18, United States court determines that it is necessary for the agencies for the fiscal year ending Sep- Code, is amended by inserting after the item independent counsel to have additional time tember 30, 2006, and for other purposes; relating to chapter 117 the following new to complete his remaining statutory duties. which was ordered to lie on the table; item: (2) If the division of the court finds that as follows: the independent counsel needs additional ‘‘117A. Transportation of minors At the appropriate place, insert the fol- time under paragraph (1), the division of the in circumvention of certain lowing: court shall issue a public report stating the laws relating to abortion ...... 2431’’. SECTION 1. DISTRICT JUDGESHIP FOR THE DIS- grounds for the extension and a proposed TRICT OF NEBRASKA. date for completion of all aspects of the in- SA 2159. Mr. NELSON of Florida (for (a) IN GENERAL.—The President shall ap- vestigation of Henry Cisneros and termi- point, by and with the advice and consent of himself and Mr. SMITH) submitted an nation of the office of the independent coun- amendment intended to be proposed by the Senate, 1 additional district judge for the sel. district of Nebraska. him to the bill H.R. 3058, making ap- (b) TECHNICAL AND CONFORMING AMEND- propriations for the Departments of SA 2161. Ms. CANTWELL (for herself, MENT.—The table under section 133(a) of title Transportation, Treasury, and Housing Mr. COLEMAN, Mr. HARKIN, Mr. BAYH, 28, United States Code, is amended by strik- and Urban Development, the Judiciary, Mr. LUGAR, and Mr. DAYTON) submitted ing the item relating to Nebraska and insert- District of Columbia, and independent an amendment intended to be proposed ing the following: agencies for the fiscal year ending Sep- by her to the bill H.R. 3058, making ap- ‘‘Nebraska ...... 4’’. tember 30, 2006, and for other purposes; propriations for the Departments of which was ordered to lie on the table; Transportation, Treasury, and Housing SA 2164. Mr. SALAZAR submitted an as follows: and Urban Development, the Judiciary, amendment intended to be proposed by District of Columbia, and independent him to the bill H.R. 3058, making ap- On page 293, after line 25, insert the fol- propriations for the Departments of lowing: agencies for the fiscal year ending Sep- SEC. 221. It is the sense of Congress that tember 30, 2006, and for other purposes; Transportation, Treasury, and Housing the Secretary of the Treasury should place which was ordered to lie on the table; and Urban Development, the Judiciary, al-Manar, a global satellite television oper- as follows: District of Columbia, and independent ation, on the Specially Designated Global agencies for the fiscal year ending Sep- On page 276, after line 24, insert the fol- Terrorist list. lowing: tember 30, 2006, and for other purposes; SEC. 1ll. (a) In this section: which was ordered to lie on the table; SA 2160. Mr. GRASSLEY (for him- (1) The term ‘‘flexible fuel mixture’’ means as follows: self, Mr. DORGAN, and Mr. BOND) pro- any mixture of gasoline and ethanol up to 85 On page 276, after line 24, add the fol- posed an amendment to the bill H.R. percent of which is ethanol, or any mixture lowing: 3058, making appropriations for the De- of diesel and biodiesel of which 85 percent is SEC. 1lll. Section 543 of the National partments of Transportation, Treas- biodiesel, as measured by volume. Energy Conservation Policy Act (42 U.S.C. ury, and Housing and Urban Develop- (2) The term ‘‘light truck’’ has the mean- 8253) (as amended by section 103 of the En- ment, the Judiciary, District of Colum- ing given that term in section 523.5 of title ergy Policy Act of 2005 (Public Law 109–58)) bia, and independent agencies for the 49, Code of Federal Regulations (or a suc- is amended by adding at the end the fol- cessor regulation). lowing: fiscal year ending September 30, 2006, (b) Not later than 90 days after the date of ‘‘(f) REDUCTION OF EMPLOYEE VEHICLE FUEL and for other purposes; as follows: enactment of this Act, using funds made CONSUMPTION BY CERTAIN FEDERAL AGEN- On page 356, between lines 4 and 5, insert available to the National Highway Traffic CIES.— the following: Safety Administration, the Secretary of ‘‘(1) DEFINITION OF AFFECTED AGENCY.—In SEC. 408. (a) The division of the court shall Transportation shall prepare and submit to this subsection, the term ‘affected agency’ release to the Congress and to the public not Congress a report describing the feasibility means—

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.092 S20OCPT1 S11690 CONGRESSIONAL RECORD — SENATE October 20, 2005 ‘‘(A) the Department of Transportation; (B) by striking ‘‘Planning, design, and con- (C) the amount of the loan, together with ‘‘(B) the Department of the Treasury; struction of Knik Arm Bridge’’ and inserting other funds available, is adequate to assure ‘‘(C) the Department of Housing and Urban ‘‘Reconstruction of Twin Spans Bridge con- completion or achievement of the purposes Development; and necting New Orleans and Slidell, Louisiana’’; for which the loan is made. ‘‘(D) any agency of the judicial branch of (3) in item number 3323— (3) LIMITATIONS.— the Federal Government. (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; (A) IN GENERAL.—The Secretary may not ‘‘(2) REDUCTION OF EMPLOYEE VEHICLE FUEL and loan amounts out of the Fund to an eligible CONSUMPTION.—Each affected agency shall (B) by striking ‘‘Earthwork and roadway financial institution for mortgage payments take such actions as are necessary to reduce construction Gravina Access Project’’ and deferred under subsection (g) in an amount the level of fuel consumed by vehicles of em- inserting ‘‘Reconstruction of Twin Spans in excess of the sum of 6 deferred mortgage ployees of the affected agency (other than Bridge connecting New Orleans and Slidell, payments. fuel used for military purposes), in connec- Louisiana’’; and (B) EXCLUSION.—The amount calculated tion with the employment of the employees, (4) in item number 3677— under subparagraph (A) shall not include any by (to the maximum extent practicable) at (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; deferrals that an eligible financial institu- least 10 percent during the 1-year period be- and tion granted to a mortgagor prior to the date ginning on the date of enactment of this sub- (B) by striking ‘‘Planning, design, and con- of enactment of this section. section. struction of Knik Arm Bridge’’ and inserting (C) OUTSTANDING LOAN AMOUNT.—The total ‘‘(3) METHODS.—An affected agency may ‘‘Reconstruction of Twin Spans Bridge con- amount of outstanding loan amounts under use such methods as the agency determines necting New Orleans and Slidell, Louisiana’’. this section may not exceed $2,000,000,000. are appropriate to achieve the target estab- (d) Item number 2 of the table contained in (4) INTEREST RATE.—Loans made by the lished by paragraph (2), including— section 1934 of the Safe, Accountable, Flexi- Secretary pursuant to this section shall bear ‘‘(A) telework; ble, Efficient Transportation Equity Act: A interest at a rate equal to not less than a ‘‘(B) carpooling; Legacy for Users (Public Law 109–59; 119 rate determined by the Secretary of the ‘‘(C) bicycling and walking to work; Stat. 1144) is amended— Treasury, taking into consideration the av- ‘‘(D) fuel-efficient trip planning; (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; erage market yield on outstanding Treasury ‘‘(E) public transportation use; and and obligations of comparable maturity, plus ‘‘(F) limiting travel days for vehicle travel (2) by striking ‘‘Improvements to the Knik such additional charge, if any, toward cov- outside the office. Arm Bridge’’ and inserting ‘‘Reconstruction ering other costs of the program, as the Sec- ‘‘(4) MEASUREMENT.—An affected agency of Twin Spans Bridge connecting New Orle- retary may determine to be consistent with may use such measures as the affected agen- ans and Slidell, Louisiana’’. its purposes. (e) Sections 1949, 4410, and 4411 of the Safe, cy determines are appropriate to determine (5) REPAYMENT.—All loans made under this whether the affected agency has achieved the Accountable, Flexible, Efficient Transpor- section shall be repayable within a period of tation Equity Act: A Legacy for Users (Pub- target established by paragraph (2), includ- not more than 30 years. lic Law 109–59; 119 Stat. 1144) are repealed. ing certification of the methods described in (f) No funds made available under this Act (6) ADJUSTMENT OF INTEREST RATES, MORA- paragraph (3).’’. shall be used to plan, design, or construct, in TORIUM ON PRINCIPAL AND INTEREST.—The Secretary is authorized to adjust interest SA 2165. Mr. COBURN submitted an the State of Alaska— (1) the Knik Arm Bridge; or rates, grant moratoriums on repayment of amendment intended to be proposed by (2) a bridge joining the Island of Gravina to principal and interest, collect or compromise him to the bill H.R. 3058, making ap- the community of Ketchikan. any obligations held by the Secretary, and to propriations for the Departments of (g) Nothing in this section or an amend- take such other actions in respect to such Transportation, Treasury, and Housing ment made by this section affects the alloca- loans as the Secretary shall determine to be and Urban Development, the Judiciary, tion of funds to any State other than the necessary or appropriate, consistent with the District of Columbia, and independent States of Alaska and Louisiana. purposes of this section. (d) APPLICATION.—An eligible financial in- agencies for the fiscal year ending Sep- SA 2166. Ms. LANDRIEU submitted stitution seeking a loan under this section tember 30, 2006, and for other purposes; an amendment intended to be proposed shall submit an application to the Secretary as follows: by her to the bill H.R. 3058, making ap- at such time, in such manner, and con- At the appropriate place, add the fol- propriations for the Departments of taining such information as the Secretary lowing: Section 144(g)(1) of title 23, United may require, including providing proper doc- States Code, is amended— Transportation, Treasury, and Housing umentation to the Secretary that— (1) in subparagraph (A)(ii), by striking ‘‘for and Urban Development, the Judiciary, (1) such financial institution is the holder the construction of a bridge joining the Is- District of Columbia, and independent of a mortgage; land of Gravina to the community of Ketch- agencies for the fiscal year ending Sep- (2) mortgage payments have been deferred ikan in Alaska’’ and inserting ‘‘for the re- tember 30, 2006, and for other purposes; for 6 months under subsection (g); construction of the Twin Spans Bridge con- which was ordered to lie on the table; (3) the property secured by the mortgage is necting New Orleans, Louisiana, and Slidell, as follows: located in an affected area; Louisiana’’; On page 348, between lines 5 and 6, insert (4) the property secured by mortgage was (2) by striking subparagraph (B); and the following: rendered unusable or uninhabitable, or was completely destroyed, as a result of Hurri- (3) by redesignating subparagraph (C) as SEC. 321. HOME MORTGAGE PROTECTION RE- subparagraph (B). VOLVING LOAN FUND. cane Katrina or Hurricane Rita; and (b) Item number 14 of the table contained (a) ESTABLISHMENT.—There is established (5) such financial institution has not initi- in section 1302 of the Safe, Accountable, in the Treasury of the United States the ated any foreclosure proceeding against any Flexible, Efficient Transportation Equity Home Mortgage Protection Revolving Loan property held by a mortgagor for which the Act: A Legacy for Users (Public Law 109–59; Fund (hereafter referred to in this section as financial institution is seeking a loan. 119 Stat. 1144) is amended— the ‘‘Fund’’) to carry out the lending and (e) USE OF FUNDS.—Amounts in the Fund (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; guarantee functions authorized under this may only be used to provide loans to eligible and section. financial institutions to reimburse such fi- (2) by striking ‘‘Planning, design, and con- (b) CAPITAL.—Except as provided under nancial institutions for mortgage payments struction of Knik Arm Bridge’’ and inserting subsection (j), the capital of the Fund shall deferred under subsection (g). ‘‘Reconstruction of Twin Spans Bridge con- remain available until expended. (f) FORECLOSURES.— necting New Orleans and Slidell, Louisiana’’. (c) AUTHORITIES, SCOPE, AND PURPOSES; (1) IN GENERAL.—An eligible financial insti- (c) The table contained in section 1702 of CONDITIONS; INTEREST RATE; REPAYMENT.— tution that does not seek a loan under this the Safe, Accountable, Flexible, Efficient (1) LOANS AUTHORIZED.—The Secretary is section, may not foreclose on property held Transportation Equity Act: A Legacy for authorized to make or guarantee loans, ei- by a mortgagor in an affected area, if the Users (Public Law 109–59; 119 Stat. 1144) is ther directly or in cooperation with banks or mortgagor can demonstrate that the prop- amended— other organizations through agreements to erty meets the requirements listed under (1) in item number 406— participate on an immediate or deferred subsection (d). (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; basis, to eligible financial institutions, for (2) REIMBURSEMENT FROM FUND.—If an eli- and the purposes described in subsection (e). gible financial institution is unable to fore- (B) by striking ‘‘Planning, design, and con- (2) CONDITIONS.—No loans, guarantees, or close under paragraph (1), such financial instruction of a bridge joining the Island of other financial assistance shall be provided stitution may seek a loan under this section Gravina to the Community of Ketchikan’’ under this section unless the Secretary de- in accordance with the provisions of this sec- and inserting ‘‘Reconstruction of Twin Spans termines that— tion. Bridge connecting New Orleans and Slidell, (A) there is reasonable assurance of repay- (3) LIMITATION.—An eligible financial insti- Louisiana’’; ment of the loan; tution may not receive a loan under this sec- (2) in item number 2465— (B) the loan is not otherwise available on tion for mortgage payments deferred under (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; reasonable terms from private sources or subsection (g) for any foreclosure proceeding and other Federal, State, or local programs; and initiated prior to August 26, 2005.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.103 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11691

(4) REPAYMENT FOR ANY PROPERTY SEIZED.— (C) mortgage bank; (A) by inserting after ‘‘evacuation plans’’ If an eligible financial institution forecloses, (D) credit union; the following: ‘‘(including the costs of the or otherwise seizes or disposes of, property (E) enterprise, as that term is defined in plans)’’; and held by a mortgagor in an affected area, such section 1303 of the Housing and Community (B) by inserting ‘‘and other catastrophic financial institution shall repay to the Fund Development Act of 1992 (12 U.S.C. 4502); events’’ before ‘‘impacting’’; any loan amounts received under this sec- (F) Bank, as that term is used in the Hous- (2) in subsection (b), by striking ‘‘and tion. ing and Community Development Act of 1992 local’’ and inserting ‘‘parish, county, and (g) DEFERRAL OF MORTGAGE PAYMENTS.— (12 U.S.C. 4501 et seq.); or municipal’’; and (1) IN GENERAL.—An eligible financial insti- (G) other lender approved by the Secretary (3) in subsection (c)— tution shall extend for an additional 6 as eligible for insurance under section 2 of (A) in paragraph (1), by inserting ‘‘safe months any deferral of mortgage payments the National Housing Act (12 U.S.C. 1703). and’’ before ‘‘practical’’; of a mortgagor initiated prior to August 26, (3) SECRETARY.—The term ‘‘Secretary’’ (B) in paragraph (2), by inserting after 2005. means the Secretary of Housing and Urban ‘‘States’’ the following: ‘‘and adjoining juris- (2) REIMBURSEMENT FOR EXTENSION.—An el- Development. dictions’’; igible financial institution that extends the (m) FUNDING.—The Fund shall consist of (C) in paragraph (3), by striking ‘‘and’’ deferral of any mortgage payments under the remaining amounts provided for in the after the semicolon at the end; paragraph (1) may seek a loan under this sec- Disaster Relief Fund under the Robert T. (D) in paragraph (4), by striking the period tion for reimbursement for the deferral of Stafford Disaster Relief and Emergency As- at the end and inserting a semicolon; and such mortgage payments. sistance Act (42 U.S.C. 5121 et seq.), as in ef- (E) by adding at the end the following: (3) REFINANCE, REAMORTIZATION, OR RE- fect on the date of enactment of this section, ‘‘(5) the availability of food, water, rest- STRUCTURING OF MORTGAGES.—An eligible fi- and includes such funds as may be deposited rooms, fueling stations, and shelter opportu- nancial institution may refinance, reamor- in the Disaster Relief Fund from funds made nities along the evacuation routes; tize, or restructure any mortgage deferred available by this or any other Act. ‘‘(6) the time required to evacuate under under paragraph (1) to extend the term of the plan; and such mortgage to cover any mortgage pay- SA 2167. Ms. LANDRIEU submitted ‘‘(7) the physical and mental strains associ- ments missed or deferred under that para- an amendment intended to be proposed ated with the evacuation.’’. graph. by her to the bill H.R. 3058, making ap- (4) LIMITATION ON REFINANCING.—If an eligi- propriations for the Departments of SA 2169. Ms. CANTWELL submitted ble financial institution exercises its author- Transportation, Treasury, and Housing an amendment intended to be proposed ity to refinance, reamortize, or restructure a by her to the bill H.R. 3058, making ap- mortgage under paragraph (3), such institu- and Urban Development, the Judiciary, District of Columbia, and independent propriations for the Departments of tion shall repay to the Fund any amounts re- Transportation, Treasury, and Housing ceived under paragraph (2). agencies for the fiscal year ending Sep- (5) INELIGIBILITY OF CERTAIN MORTGAGORS.— tember 30, 2006, and for other purposes; and Urban Development, the Judiciary, An eligible financial institution shall not ex- as follows: District of Columbia, and independent tend the deferral of any mortgage payments On page 219, line 14, insert after agencies for the fiscal year ending Sep- under paragraph (1), if the mortgagor has a ‘‘$15,000,000’’ the following: ‘‘, of which tember 30, 2006, and for other purposes; homeowners or other insurance policy that $5,000,000 shall be made available to provide which was ordered to lie on the table; includes coverage of mortgage payments. a grant to the Louisiana Department of as follows: (h) CREDIT PROTECTION.—A failure by a Transportation and Development to estab- At the appropriate place, insert the fol- mortgagor to make a mortgage payment on lish a program under which the Louisiana lowing: any property located in an affected area Department of Transportation and Develop- shall not be reported to any consumer re- SEC. ll. UPDATED FUEL ECONOMY LABELING ment shall provide grants to parish and mu- PROCEDURES. porting agency, as such term is defined nicipal governments in the State of Lou- under section 603 of the Fair Credit Report- (a) IN GENERAL.—The Administrator of the isiana that experience a significant spike in Environmental Protection Agency shall, as ing Act (15 U.S.C. 1681a). population because of an unexpected influx (i) DEPOSITS.— appropriate and in consultation with the Ad- of hurricane evacuees, as determined by the (1) INVESTMENT.—To the extent that ministrator of the National Highway Traffic Louisiana Department of Transportation and amounts in the Fund at any time exceed the Safety Administration, update and revise the Development, to quickly implement smart immediate needs of the Fund, the excess process used to determine fuel economy val- and innovative plans to alleviate traffic con- shall be invested in short-term obligations of ues for labeling purposes as set forth in sec- gestion and to address increased transpor- the United States. tions 600.209–85 and 600.209.95 of title 40, Code tation demands in the affected commu- (2) INTEREST.—To the extent that interest of Federal Regulations, to take into consid- nities’’. accrues on any funds invested under para- eration current factors such as speed limits, acceleration rates, braking, variations in graph (1), that interest shall remain in the SA 2168. Ms. LANDRIEU submitted fund and shall be made available for the pur- weather and temperature, vehicle load, use poses of this section. an amendment intended to be proposed of air conditioning, driving patterns, and the (j) REVERSION OF FUNDS TO THE TREAS- by her to the bill H.R. 3058, making ap- use of other fuel consuming features. The URY.—Any amounts in the Fund that are un- propriations for the Departments of Administrator shall use existing emissions expended and unobligated after March 30, Transportation, Treasury, and Housing test cycles and, or, updated adjustment fac- 2007, shall be covered into the General Fund and Urban Development, the Judiciary, tors to implement the requirements of this of the Treasury as miscellaneous receipts, District of Columbia, and independent subsection. (b) DEADLINE.—The Administrator of the and the Fund shall be terminated. agencies for the fiscal year ending Sep- (k) REGULATIONS.—Not later than 15 days Environmental Protection Agency shall— after the date of enactment of this section, tember 30, 2006, and for other purposes; (1) publish a notice of proposed rulemaking the Secretary shall issue regulations nec- as follows: not later than March 31, 2006, to carry out essary to carry out the administration of On page 276, after line 24, add the fol- subsection (a); and this section and to ensure that the purposes lowing: (2) promulgate a final rule not later than of this section are accomplished. SEC. 1ll. (a) In addition to amounts 18 months after the date on which the Ad- (l) DEFINITIONS.—In this section, the fol- available to carry out section 10204 of the ministrator issues the notice under para- lowing definitions shall apply: Safe, Accountable, Flexible, and Efficient graph (1). (1) AFFECTED AREA.—The term ‘‘affected Transportation Equity Act: A Legacy for (c) REPORT.—Three years after issuing the area’’ means any area— Users (Public Law 109–59) as of the date of final rule required by subsection (b), and (A) with respect to which the President has enactment of this Act, of the amounts made every 3 years thereafter, the Administrator declared a major disaster pursuant to title available by this Act, $1,000,000 shall be used of the Environmental Protection Agency IV of the Robert T. Stafford Disaster Relief by the Secretary of Transportation and the shall reconsider the fuel economy labeling and Emergency Assistance Act (42 U.S.C. Secretary of Homeland Security to jointly— procedures required under subsection (a) to 5121 et seq.) as a result of Hurricane Katrina (1) complete the review and assessment of determine if the changes in the factors re- or Hurricane Rita; or catastrophic hurricane evacuation plans quire revisiting the process. The Adminis- (B) that is determined to be eligible for under that section; and trator shall report to the Committee on disaster relief under other Federal law by (2) submit to Congress, not later than June Commerce, Science, and Transportation of reason of damage related to Hurricane 1, 2006, the report described in subsection (d) the Senate and the Committee on Energy Katrina or Hurricane Rita. of that section. and Commerce of the House of Representa- (2) ELIGIBLE FINANCIAL INSTITUTION.—The (b) Section 10204 of the Safe, Accountable, tives on the outcome of the reconsideration term ‘‘eligible financial institution’’ means Flexible, and Efficient Transportation Eq- process. any— uity Act: A Legacy for Users (Public Law (A) commercial bank; 109–59) is amended— SA 2170. Mr. CARPER submitted an (B) community bank; (1) in subsection (a)— amendment intended to be proposed by

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.105 S20OCPT1 S11692 CONGRESSIONAL RECORD — SENATE October 20, 2005 him to the bill H.R. 3058, making ap- PER) submitted an amendment in- vidual forest management certification pro- propriations for the Departments of tended to be proposed by him to the grams for use within GSA’s sustainable Transportation, Treasury, and Housing bill H.R. 3058, making appropriations building program, including a schedule for and Urban Development, the Judiciary, for the Departments of Transportation, incorporating any additional such programs into the system through regulations. District of Columbia, and independent Treasury, and Housing and Urban De- agencies for the fiscal year ending Sep- velopment, the Judiciary, District of SA 2175. Mr. BOND (for himself and tember 30, 2006, and for other purposes; Columbia, and independent agencies Mrs. MURRAY) proposed an amendment which was ordered to lie on the table; for the fiscal year ending September 30, to the bill H.R. 3058, making appropria- as follows: 2006, and for other purposes; as follows: tions for the Departments of Transpor- On page 252, between lines 11 and 12, insert On page 406, between lines 7 and 8, insert tation, Treasury, and Housing and the following: ‘‘Provided further, That the the following: Urban Development, the Judiciary, Comptroller General shall submit a report to SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS Congress that describes the potential liabil- District of Columbia, and independent WITH FEDERAL TAX DEBT. agencies for the fiscal year ending Sep- ities, operational and capital costs, tax im- The General Services Administration, in plications, administrative costs, and other conjunction with the Financial Management tember 30, 2006, and for other purposes; costs associated with the Corporation cre- Service, shall develop procedures to subject as follows: ating a wholly owned Northeast Corridor purchase card payments to Federal contrac- On page 216, after line 23, insert the fol- subsidiary and transferring the Northeast tors to the Federal Payment Levy Program. lowing: Corridor infrastructure to such subsidiary DIVISION A—TRANSPORTATION, TREASURY, THE before the Corporation takes further steps SEC. 520. REPORTING OF AIR TRAVEL BY FED- ERAL GOVERNMENT EMPLOYEES. JUDICIARY, HOUSING AND URBAN toward creating such a subsidiary:’’. (a) ANNUAL REPORTS REQUIRED.—The Ad- DEVELOPMENT, AND RELATED ministrator of General Services shall submit AGENCIES APPROPRIATIONS ACT, SA 2171. Mr. CARPER submitted an 2006 amendment intended to be proposed by annually to the Committee on Homeland Se- curity and Governmental Affairs of the Sen- him to the bill H.R. 3058, making ap- ate and the Committee on Government Re- SA 2176. Mr. BOND (for himself and propriations for the Departments of form of the House of Representatives a re- Mrs. MURRAY) proposed an amendment Transportation, Treasury, and Housing port on all first class and business class trav- to the bill H.R. 3058, making appropria- and Urban Development, the Judiciary, el by employees of each agency undertaken tions for the Departments of Transpor- District of Columbia, and independent at the expense of the Federal Government. tation, Treasury, and Housing and agencies for the fiscal year ending Sep- (b) CONTENTS.—The reports submitted pur- Urban Development, the Judiciary, tember 30, 2006, and for other purposes; suant to subsection (a) shall include, at a minimum, with respect to each travel by District of Columbia, and independent which was ordered to lie on the table; agencies for the fiscal year ending Sep- as follows: first class or business class— (1) the names of each traveler; tember 30, 2006, and for other purposes; On page 252, between lines 11 and 12, insert (2) the date of travel; as follows: the following: ‘‘Provided further, That the (3) the points of origination and destina- Corporation shall submit a report to Con- On page 436, line 11, strike ‘‘Act’’ and in- tion; gress that describes the costs, including sert in lieu thereof ‘‘division’’. (4) the cost of the first class or business staffing costs, associated with creating a class travel; and wholly owned Northeast Corridor subsidiary SA 2177. Mr. BOND proposed an (5) the cost difference between such travel and transferring the Northeast Corridor in- amendment to the bill H.R. 3058, mak- frastructure into such subsidiary before the and travel by coach class fare available ing appropriations for the Departments Corporation takes any further steps toward under contract with the General Services of Transportation, Treasury, and Hous- creating such a subsidiary:’’. Administration or, if no contract is available, the lowest coach class fare available. ing and Urban Development, the Judi- ciary, District of Columbia, and inde- SA 2172. Mr. CARPER submitted an (c) AGENCY DEFINED.—(1) Except as pro- amendment intended to be proposed by vided in paragraph (2), in this section, the pendent agencies for the fiscal year him to the bill H.R. 3058, making ap- term ‘‘agency’’ has the meaning given such ending September 30, 2006, and for term in section 5701(1) of title 5, United other purposes; as follows: propriations for the Departments of States Code. Transportation, Treasury, and Housing At the appropriate place in the bill, insert (2) The term does not include any element the following: and Urban Development, the Judiciary, of the intelligence community as set forth in SEC. ll. Section 14711(c) of title 49, District of Columbia, and independent or designated under section 3(4) of the Na- United States Code, is amended by— agencies for the fiscal year ending Sep- tional Security Act of 1947 (50 U.S.C. 401a(4)). (1) striking ‘‘; and’’ at the end of paragraph tember 30, 2006, and for other purposes; (1) and inserting ‘‘;’’; which was ordered to lie on the table; SA 2174. Mr. BOND (for himself and (2) striking the period at the end of para- as follows: Mrs. MURRAY) proposed an amendment graph (2) and inserting ‘‘; and’’; and On page 253, after line 22, insert the fol- to the bill H.R. 3058, making appropria- (3) inserting the following after paragraph lowing: tions for the Departments of Transpor- (2): SEC. 143. (a) The Senate finds the fol- tation, Treasury, and Housing and ‘‘(3) be substituted, upon the filing of a mo- lowing: Urban Development, the Judiciary, tion with the court, for the State as parens patriae in the action.’’. (1) Only 1 member of the Board of Direc- District of Columbia, and independent tors of the Corporation has been confirmed agencies for the fiscal year ending Sep- by the Senate. SA 2178. Mr. BOND (for Mr. REID) (2) Two other members of the Board were tember 30, 2006, and for other purposes; proposed an amendment to the bill recess appointments whose terms expire at as follows: H.R. 3058, making appropriations for the end of the first session of the 109th Con- On page 384, after line 13, insert the fol- the Departments of Transportation, gress. lowing: Treasury, and Housing and Urban De- (3) Three seats on the Board are vacant and SEC. ll. The Administrator of General velopment, the Judiciary, District of Services shall require that all credible sus- no nominations have been submitted to the Columbia, and independent agencies Senate to fill these vacancies. tainable building rating systems that award (4) The Corporation’s ability to take major credits for certified wood products in the rat- for the fiscal year ending September 30, actions is compromised by having only 1 ing system be included in the published 2006, and for other purposes; as follows: member of the Board who has been con- building design criteria or specifications of At the appropriate place, insert the fol- firmed by the Senate. any solicitation for offers issued by the Gen- lowing: (b) It is the sense of the Senate that— eral Services Administration (GSA) for con- SEC. ll. (a) In this section: (1) the President should appoint sufficient struction of a Federal building or court- (1) The term ‘‘Conservation Area’’ means new members to the Board of Directors of house: Provided, That the Administrator may the Sloan Canyon National Conservation the Corporation to fill all existing and an- only consider sustainable forest management Area established by section 604(a) of the ticipated vacancies and submit such appoint- certification programs that are currently in Clark County Conservation of Public Land ments to the Senate not later than Decem- use in the United States and consistent with and Natural Resources Act of 2002 (116 Stat. ber 31, 2005; and the Federal government’s goals of environ- 2010). (2) the Senate should act on such nomina- mental stewardship: Provided further, That (2) The term ‘‘County’’ means Clark Coun- tions as quickly as possible. not later than 90 days after enactment of ty, Nevada. this Act, the Administrator shall report to (3)(A) The term ‘‘helicopter tour’’ means a SA 2173. Mr. COLEMAN (for himself, the relevant congressional committees of ju- commercial helicopter tour operated for Mr. LEVIN, Mr. AKAKA, and Mr. CAR- risdiction on the appropriateness of indi- profit.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.093 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11693 (B) The term ‘‘helicopter tour’’ does not in- (A) title to the parcel shall revert to the pair of the Twin Spans Bridge connecting clude a helicopter tour that is carried out to United States, at the option of the United New Orleans and Slidell, Louisiana. assist a Federal, State, or local agency. States; and (4) The term ‘‘Secretary’’ means the Sec- (B) the County shall be responsible for any SA 2182. Mr. LEVIN submitted an retary of the Interior. reclamation necessary to revert the parcel to (5) The term ‘‘Wilderness’’ means the the United States. amendment intended to be proposed by North McCullough Mountains Wilderness es- (e) The Secretary shall require, as a condi- him to the bill H.R. 3058, making ap- tablished by section 202(a)(13) of the Clark tion of the conveyance under subsection (b), propriations for the Departments of County Conservation of Public Land and that the County pay the administrative Transportation, Treasury, and Housing Natural Resources Act of 2002 (116 Stat. 2000). costs of the conveyance, including survey and Urban Development, the Judiciary, (b) As soon as practicable after the date of costs and any other costs associated with the District of Columbia, and independent enactment of this Act, the Secretary shall transfer of title. agencies for the fiscal year ending Sep- convey to the County, subject to valid existing rights, for no consideration, all right, SA 2179. Mr. BOND (for Mr. DURBIN tember 30, 2006, and for other purposes; title, and interest of the United States in (for himself and Mr. OBAMA)) proposed as follows: and to the parcel of land described in sub- an amendment to the bill H.R. 3058, On page 293, after line 25, add the fol- section (c). making appropriations for the Depart- lowing: (c) The parcel of land to be conveyed under ments of Transportation, Treasury, subsection (b) is the parcel of approximately SEC. ll. PROHIBITION ON FUNDING OF FED- 229 acres of land depicted as tract A on the and Housing and Urban Development, ERAL CONTRACTS WITH EXPATRI- map entitled ‘‘Clark County Public Heliport the Judiciary, District of Columbia, ATED ENTITIES. Facility’’ and dated May 3, 2004. and independent agencies for the fiscal (a) IN GENERAL.—None of the funds appro- (d)(1) The parcel of land conveyed under year ending September 30, 2006, and for priated or otherwise made available by this subsection (b)— other purposes; as follows: Act may be used for any Federal Govern- (A) shall be used by the County for the op- On page 406, between lines 7 and 8, insert ment contract with any foreign incorporated eration of a heliport facility under the condi- the following: entity which is treated as an inverted domes- tions stated in paragraphs (2), (3), and (4); SEC. 724. REPORT ON EVERGREEN TERRACE. tic corporation under section 835(b) of the and (a) IN GENERAL.—The Secretary of Housing Homeland Security Act of 2002 (6 U.S.C. (B) shall not be disposed of by the County. and Urban Development shall conduct a 395(b)) or any subsidiary of such an entity. (2)(A) Any operator of a helicopter tour study and prepare a report that describes the (b) WAIVERS.— originating from or concluding at the parcel progress, if any, in improving the living con- (1) IN GENERAL.—Any Secretary shall waive of land described in subsection (c) shall pay ditions of the tenants of the Evergreen Ter- subsection (a) with respect to any Federal to the Clark County Department of Aviation race I and Evergreen Terrace II housing com- Government contract under the authority of a $3 conservation fee for each passenger on plexes located in Joliet, Illinois, by the own- such Secretary if the Secretary determines the helicopter tour if any portion of the heli- ers of such complexes. that the waiver is required in the interest of copter tour occurs over the Conservation (b) INTERIM REPORT.—Not later than 6 national security. Area. months after the date of enactment of this (B)(i) Not earlier than 10 years after the (2) REPORT TO CONGRESS.—Any Secretary Act, the Secretary of Housing and Urban De- date of enactment of this Act and every 10 issuing a waiver under paragraph (1) shall re- velopment shall submit to Congress an in- years thereafter, the Secretary shall conduct port such issuance to Congress. terim report on the findings of the study re- a review to determine whether to raise the (c) EXCEPTION.—This section shall not quired under subsection (a). amount of the conservation fee. apply to any Federal Government contract (c) FINAL REPORT.—Not later than 12 (ii) After conducting a review under clause entered into before the date of the enact- months after the date of enactment of this (i) and providing an opportunity for public ment of this Act, or to any task order issued Act, the Secretary of Housing and Urban De- comment, the Secretary may raise the pursuant to such contract. amount of the conservation fee in an amount velopment shall submit to Congress a final determined to be appropriate by the Sec- report that describes— retary, but by not more than 50 percent of (1) the findings of the study required under SA 2183. Mr. BOND (for Mr. FRIST the amount of the conservation fee in effect subsection (a); and (for himself, Mrs. DOLE, and Mrs. on the day before the date of the increase. (2) any conclusions and recommendations BOXER)) proposed an amendment to the (3)(A) The amounts collected under para- of such study. bill H.R. 3058, making appropriations graph (2) shall be deposited in a special ac- for the Departments of Transportation, count in the Treasury of the United States. SA 2180. Mr. BOND (for Mrs. MUR- (B) Of the amounts deposited under sub- RAY) proposed an amendment to the Treasury, and Housing and Urban De- paragraph (A)— bill H.R. 3058, making appropriations velopment, the Judiciary, District of (i) 2⁄3 of the amounts shall be available to for the Departments of Transportation, Columbia, and independent agencies the Secretary, without further appropria- Treasury, and Housing and Urban De- for the fiscal year ending September 30, tion, for the management of cultural, wild- velopment, the Judiciary, District of 2006, and for other purposes; as follows: life, and wilderness resources on public land Columbia, and independent agencies On page 310, line 16, after ‘‘tribal areas’’, in the State of Nevada; and for the fiscal year ending September 30, insert the following: ‘‘, and of which (ii) 1⁄3 of the amounts shall be available to $5,000,000 shall be for capacity building ac- the Director of the Bureau of Land Manage- 2006, and for other purposes; as follows: On page 432, line 22, strike ‘‘2006.’’ and in- tivities administered by Habitat for Human- ment, without further appropriation, for the ity International’’. conduct of Bureau of Land Management op- sert ‘‘2007.’’ erations for the Conservation Area and the On page 433, line 5, strike ‘‘$6,000,000’’ and Red Rock Canyon National Conservation insert ‘‘$10,000,000’’ SA 2184. Mr. BOND (for Mrs. MUR- On page 433, line 9, insert after ‘‘upgrades’’ Area. RAY) proposed an amendment to the (4)(A) Except for safety reasons, any heli- the following: ‘‘, including the replacement of the fuel farm facility’’ bill H.R. 3058, making appropriations copter tour originating or concluding at the for the Departments of Transportation, parcel of land described in subsection (c) Mr. STEVENS (for himself, that flies over the Conservation Area shall SA 2181. Treasury, and Housing and Urban De- not fly— Ms. MURKOWSKI, and Mr. FRIST) sub- velopment, the Judiciary, District of (i) over any area in the Conservation Area mitted an amendment intended to be Columbia, and independent agencies except the area that is between 3 and 5 miles proposed by him to the bill H.R. 3058, for the fiscal year ending September 30, north of the latitude of the southernmost making appropriations for the Depart- 2006, and for other purposes; as follows: boundary of the Conservation Area; ments of Transportation, Treasury, On page 253, after line 22, insert the fol- (ii) lower than 1,000 feet over the eastern and Housing and Urban Development, lowing: segments of the boundary of the Conserva- the Judiciary, District of Columbia, tion Area; or ‘‘SEC. ll. Notwithstanding any other pro- and independent agencies for the fiscal vision of law, funds made available to the (iii) lower than 500 feet over the western year ending September 30, 2006, and for segments of the boundary of the Conserva- Federal Railroad Administration for the tion Area. other purposes; as follows: Spokane Region High Speed Rail Corridor (B) The Administrator of the Federal Avia- At the appropriate place, insert the fol- Study on page 1420 of the Joint Explanatory tion Administration shall establish a special lowing: Statement of the Committee of Conference flight rules area and any operating proce- SEC. ll. No funds provided under Section for Public Law 108–447 (House Report 108–792) dures that the Administrator determines to 1702 of the Safe Accountable, Flexible, Effi- shall be made available to the Washington be necessary to implement subparagraph (A). cient Transportation Equity Act: A Legacy State Department of Transportation for (5) If the County ceases to use any of the for Users (Public Law 109–59; 119 Stat. 1144) track and grade crossing improvements land described in subsection (c) for the pur- for the construction or reconstruction of any under the Bridging the Valley project be- pose described in paragraph (1)(A) and under bridge shall be expended until nonemerging tween Spokane County, Washington and the conditions stated in paragraph (2)— funds have been made available for the re- Kootenai County, Idaho.’’

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.091 S20OCPT1 S11694 CONGRESSIONAL RECORD — SENATE October 20, 2005 SA 2185. Mr. BOND proposed an On page 227, line 7, strike the period and meaning given those terms in section 3(a) of amendment to the bill H.R. 3058, mak- insert the following: ‘‘: Provided further, That the Consumer Product Safety Act (15 U.S.C. ing appropriations for the Departments not later than December 31, 2015, the owner 2052(a)). of Transportation, Treasury, and Hous- or operator of an airport certificated under (c) VIOLATION OF CPSA.—Any violation of 49 U.S.C. 44706 shall improve the airport’s subsection (a) shall be considered to be a pro- ing and Urban Development, the Judi- runway safety areas to comply with the Fed- hibited act within the meaning of section 19 ciary, District of Columbia, and inde- eral Aviation Administration design stand- of the Consumer Product Safety Act (15 pendent agencies for the fiscal year ards required by 14 CFR part 139: Provided U.S.C. 2068) and shall be subject to the pen- ending September 30, 2006, and for further, That the Federal Aviation Adminis- alties and remedies available for prohibited other purposes; as follows: tration shall report annually to the Congress acts under the Consumer Product Safety On page 383, strike line 21 and all that fol- on the agency’s progress toward improving Act. lows through line 6 on page 384. the runway safety areas at 49 U.S.C. 44706 (d) EFFECTIVE DATE.—This section shall be- airports.’’ come effective 90 days after the date of the SA 2186. Mr. BOND (for Mr. NELSON enactment of this Act. of Florida (for himself and Mr. SMITH)) SA 2189. Mr. BOND (for Mr. COLEMAN proposed an amendment to bill H.R. (for himself, Mr. DAYTON, and Mr. SA 2190. Mr. BOND (for Mr. COBURN) 3058, making appropriations for the De- DEWINE)) proposed an amendment to proposed an amendment to the bill partments of Transportation, Treas- the bill H.R. 3058, making appropria- H.R. 3058, making appropriations for ury, and Housing and Urban Develop- tions for the Departments of Transpor- the Departments of Transportation, ment, the Judiciary, District of Colum- tation, Treasury, and Housing and Treasury, and Housing and Urban De- bia, and independent agencies for the Urban Development, the Judiciary, velopment, the Judiciary, District of fiscal year ending September 30, 2006, District of Columbia, and independent Columbia, and independent agencies and for other purposes; as follows: agencies for the fiscal year ending Sep- for the fiscal year ending September 30, On page 293, after line 25, insert the fol- tember 30, 2006, and for other purposes; 2006, and for other purposes; as follows: lowing: as follows: On page 406, between lines 7 and 8, insert SEC. 221. It is the sense of Congress that At the appropriate place, insert the fol- the following: the Secretary of the Treasury should place lowing: SEC. 724. DEPARTMENT OF HOUSING AND URBAN al-Manar, a global satellite television oper- SEC. ll. ALL-TERRAIN VEHICLES. DEVELOPMENT RISK ASSESSMENT. ation, on the Specially Designated Global (a) IN GENERAL.—Notwithstanding any (a) ESTIMATE.—The Secretary of Housing Terrorist list. other provision of law, it is unlawful for any and Urban Development shall estimate im- manufacturer or wholesale distributor to dis- proper payments for the community develop- Mr. BOND (for Mr. LOTT (for SA 2187. tribute in commerce in the United States ment block grant program under title I of himself and Mr. LAUTENBERG)) pro- any new assembled or unassembled ATV un- the Housing and Community Development posed an amendment to the bill H.R. less— Act of 1974 (42 U.S.C. 5301 et seq.) pursuant to 3058, making appropriations for the De- (1)(A) with respect to an ATV designed for section 2 of the Improper Payments Informa- partments of Transportation, Treas- use by single operator only, such ATV com- tion Act of 2002 (Public Law 107-300). ury, and Housing and Urban Develop- plies with any applicable provision of— (b) REPORT.—Not later than 60 days after ment, the Judiciary, District of Colum- (i) the American National Standard for the date of enactment of this section, the Four Wheel All-Terrain Vehicles – Equip- Secretary shall report to Congress on spe- bia, and independent agencies for the ment, Configuration, and Performance Re- fiscal year ending September 30, 2006, cific actions taken to estimate improper quirements developed by the Specialty Vehi- payments in the community development and for other purposes; as follows: cle Institute of America (American National block grant program to comply with section On page 250, line 9, strike ‘‘Provided, That,’’ Standard ANSI/SVIA–1–2001); 2 of the Improper Payments Information Act and all that follows through page 252, line 17, (ii) a revision of such Standard; or of 2002, including a schedule for full compli- and insert ‘‘Provided, That the Corporation (iii) a mandatory rule promulgated by the ance with such Act within fiscal year 2006. may impose a passenger service surcharge on Consumer Product Safety Commission; or (c) FAILURE TO REPORT.—If the Secretary each ticket issued equivalent to 5 percent of (iv) such alternative standard that may be fails to report to Congress on specific actions the value of said ticket for all tickets issued accepted by the Commission; taken to estimate improper payments as re- for travel in the Northeast Corridor, or route (B) with respect to an ATV designed for quired under subsection (b), funds for the segment, between Washington, DC and Bos- use by an operator and passengers, such ATV community development block grant pro- ton, MA and equivalent to 2 percent of the complies with any applicable provisions of gram shall be halted until such report is sub- value of said ticket price for all tickets any future American National Standard de- mitted. issued for travel on a route outside the veloped for such vehicles or such alternative Northeast Corridor, the proceeds of which standard that may be accepted by the Com- SA 2191. Mr. REED submitted an shall be used for capital investments: Pro- mission; amendment intended to be proposed by vided further, That the Corporation shall not (2) with respect to an ATV, it is subject to impose said surcharge if it finds that such a or covered by a letter of undertaking or an him to the bill H.R. 3058, making ap- surcharge shall have a deleterious impact on ATV action plan that is sent not more than propriations for the Departments of ridership and revenues: Provided further, 30 days after the date of enactment of this Transportation, Treasury, and Housing That of the funds provided under this sec- Act— and Urban Development, the Judiciary, tion, not less than $5,000,000 shall be ex- (A) applies to such ATV; District of Columbia, and independent pended for the development and implementa- (B) includes actions to promote ATV safe- agencies for the fiscal year ending Sep- tion of a managerial cost accounting system, ty; and tember 30, 2006, and for other purposes; which includes average and marginal unit (C) has been approved by the Commission which was ordered to lie on the table; cost capability: Provided further, That within and is substantially implemented at the time 30 days of development of the managerial of the distribution in commerce of such as follows: cost accounting system, the Department of ATV; and On page 348, between lines 5 and 6, insert Transportation Inspector General shall re- (3) such ATV bears a permanent label cer- the following: view and comment to the Secretary of tifying that it complies with the provisions SEC. 321. EMERGENCY ASSISTANCE FOR UNAN- Transportation and the House and Senate of paragraphs (1) and (2). TICIPATED INCREASES IN UTILITY Committees on Appropriations, upon the (b) DEFINITIONS.—In this section: RATES. strengths and weaknesses of the system and (1) ATV.—The term ‘‘ATV’’ means any mo- (a) PUBLIC HOUSING AGENCIES.— how it best can be implemented to improve torized, off-highway, all-terrain vehicle de- (1) IN GENERAL.—To address unanticipated decision making by the Board of Directors signed to travel on 4 wheels, having a seat increases in utility rates, there are appro- and management of the Corporation.’’. designed to be straddled by the operator and priated $362,000,000, to public housing agen- handlebars for steering control and does not cies for the operation and management of SA 2188. Mr. BOND (for Mr. LAUTEN- include a prototype of an motorized, off- public housing, as authorized under section BERG) proposed an amendment to the highway, all-terrain vehicle or other off- 9(e) of the United States Housing Act of 1937 bill H.R. 3058, making appropriations highway, all-terrain vehicle that is intended (42 U.S.C. 1437g(e)). for the Departments of Transportation, exclusively for research and development (2) DISTRIBUTION OF FUNDS.—Public housing Treasury, and Housing and Urban De- purposes. agencies shall be entitled to reimbursement (2) COMMISSION, DISTRIBUTION IN COMMERCE, for utility cost increases from funds made velopment, the Judiciary, District of TO DISTRIBUTE IN COMMERCE, UNITED available under paragraph (1), upon submis- Columbia, and independent agencies STATES.—The terms ‘‘Commission’’, ‘‘dis- sion of proof to the Secretary of such infor the fiscal year ending September 30, tribution in commerce’’, ‘‘to distribute in creases. 2006, and for other purposes; as follows: commerce’’, and ‘‘United States’’ have the (b) SECTION 8 RESIDENTS.—

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.100 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11695

(1) IN GENERAL.—To address unanticipated COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON THE JUDICIARY increases in utility rates, there are appro- TRANSPORTATION Mr. BOND. Mr. President, I ask unan- priated $498,000,000, to be available to resi- Mr. BOND. Mr. President, I ask unanimous consent that the Committee on dents receiving tenant-based rental assist- imous consent that the Committee on the Judiciary be authorized to meet to ance under section 8 of the United States Commerce, Science, and Transpor- conduct a markup on Thursday, Octo- Housing Act of 1937 (42 U.S.C. 1437f). tation be authorized to meet on Thurs- (2) DISTRIBUTION OF FUNDS.—Public housing ber 20, 2005, at 9:30 a.m. in Senate Dirk- agencies administering tenant-based rental day, October 20, 2005, at 2 p.m., on sen Office Building Room 226. pending Committee business. Senate assistance under section 8 shall be entitled Agenda to additional funds made available under Commerce Committee Chairman Ted paragraph (1) to provide for utility allowance Stevens, R-Alaska, and Co-Chairman I. Nominations increases for section 8 participants upon sub- Daniel Inouye, D-Hawaii, have resched- Susan Neilson to be U.S. Circuit mission of proof to the Secretary of such uled this week’s Full Committee mark- Judge for the Sixth Circuit; utility allowance cost increases. up for Thursday, October 20, 2005 at 2 John Richard Smoak to be U.S. Dis- (3) PAYMENT STANDARD.—The payment p.m., previously scheduled for Wednes- trict Judge for the Northern District of standard limitation under section 8(o)(1) of day, October 19, 2005, at 2:30 p.m. The the United States Housing Act of 1937 (42 mark-up is open to the public. A loca- Florida; U.S.C. 1437f(o)(1)) may be exceeded without Brian Edward Sandoval to be U.S. tion for this mark-up will be an- prior approval by the Secretary in instances District Judge for the District of Ne- where an increase in the utility allowance of nounced when available. Following is the agenda, not necessarily in order of vada. a resident under paragraph (1) causes the as- Harry Sandlin Mattice, Jr. to be U.S. sistance needs of that resident to rise above consideration: S. ll , The DTV bill; S. such limit. 1753, The Warning, Alert, and Response District Judge for the Eastern District (c) EMERGENCY DESIGNATION.—The Network Act; S. 967, The Truth in of Tennessee; amounts appropriated under subsections (a) Broadcasting Act of 2005; and S. 1063, Margaret Mary Sweeney to be a and (b) are designated as an emergency re- The IP—Enabled Voice Communica- Judge of the United States Court of quirement under section 402 of H. Con. Res. Federal Claims; 95 (109th Congress). tions and Public Safety Act of 2005. The PRESIDING OFFICER. Without Thomas Craig Wheeler to be a Judge objection, it is so ordered. of the United States Court of Federal SA 2192. Mr. BINGAMAN (for himself Claims; COMMITTEE ON ENERGY AND NATURAL and Mr. AKAKA) submitted an amend- Wan Kim to be an Assistant Attorney ment intended to be proposed by him RESOURCES Mr. BOND. Mr. President, I ask unan- General, Civil Rights Division; to the bill H.R. 3058, making appropria- Steven G. Bradbury to be an Assist- tions for the Departments of Transpor- imous consent that the Committee on Energy and Natural Resources be au- ant Attorney General for the Office of tation, Treasury, and Housing and Legal Counsel; Urban Development, the Judiciary, thorized to meet during the session of the Senate on Thursday, October 20 at Sue Ellen Wooldridge to be an Assist- District of Columbia, and independent ant Attorney General, Environment agencies for the fiscal year ending Sep- 2:30 p.m. The purpose of this hearing is to receive testimony on S. 1016, to di- and Natural Resources Division; and tember 30, 2006, and for other purposes; Thomas O. Barnett to be an Assistant which was ordered to lie on the table; rect the Secretary of Energy to make incentive payments to the owners or Attorney General, Antitrust Division. as follows: operators of qualified desalination fa- II. Bills On page 290, between lines 14 and 15, insert cilities to partially offset the cost of the following: electrical energy required to operate S. 1088, Streamlined Procedures Act SEC. lllll. Of the funds made available of 2005, Kyl, Cornyn, Grassley, Hatch; by this Act to the Internal Revenue Service, the facilities, and for other purposes; and S. 1860, to amend the Energy Pol- S. 1789, Personal Data Privacy and not less than $10,000,000 shall be available for Security Act of 2005, Specter, Leahy, grants to provide matching funds for the de- icy Act of 2005 to improve energy pro- velopment, expansion, or continuation of duction and reduce energy demand Feinstein, Feingold; not-for-profit and volunteer tax return prep- through improved use of reclaimed wa- S. 751, Notification of Risk to Per- aration clinics serving low-income taxpayers ters, and for other purposes. sonal Data Act, Feinstein, Kyl; under a program similar to the low-income S. 1326, Notification of Risk to Per- COMMITTEE ON FOREIGN RELATIONS taxpayer clinics program under section 7526 sonal Data Act, Sessions; of the Internal Revenue Code of 1986. Mr. BOND. Mr. President, I ask unanimous consent that the Committee on S. 1086, A Bill to Improve the Na- f Foreign Relations be authorized to tional Program to Register and Mon- AUTHORITY FOR COMMITTEES TO meet during the session of the Senate itor Individuals Who Commit Crimes MEET on Thursday, October 20, 2005, at 9:30 Against Children or Sex Offenses, a.m. to hold a hearing on Nominations. Hatch, Biden, Schumer; COMMITTEE ON BANKING, HOUSING, AND URBAN S. 956, Jetseta Gage Prevention and AFFAIRS The PRESIDING OFFICER. Without objection, it is so ordered. Deterrence of Crimes Against Children Mr. BOND. Mr. President, I ask unan- Act of 2005, Grassley, Kyl, Cornyn; imous consent that the Committee on COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS S. 1699, Stop Counterfeiting in Manu- Banking, Housing, and Urban Affairs Mr. BOND. Mr. President, I ask unan- factured Goods Act, Specter, Leahy, be authorized to meet during the ses- imous consent that the Committee on Hatch, DeWine, Cornyn, Brownback, sion of the Senate on October 20, 2005, Health, Education, Labor, and Pen- Feingold; at 10 a.m. to conduct a hearing on ‘‘Im- sions be authorized to hold a hearing S. 1095, Protecting American Goods plementation of the Exon-Florio during the session of the Senate on and Services Act of 2005, Cornyn, Amendment and the Committee on Thursday, October 20, 2005 at 2 p.m. in Leahy; Foreign Investment in the United SD–430. H.R. 683, Trademark Dilution Revi- States.’’ The PRESIDING OFFICER. Without sion Act of 2005, Smith—TX; The PRESIDING OFFICER. Without objection, it is so ordered. S. 443, Antitrust Criminal Investiga- objection, it is so ordered. COMMITTEE ON HOMELAND SECURITY AND tive Improvements Act of 2005, DeWine, COMMITTEE ON COMMERCE, SCIENCE, AND GOVERNMENTAL AFFAIRS Kohl, Leahy; TRANSPORTATION Mr. BOND. Mr. President, I ask unan- S. 1787, Relief to Victims of Hurri- Mr. BOND. Mr. President, I ask unanimous consent that the Committee on cane Katrina and Other Natural Disas- imous consent that the Committee on Homeland Security and Governmental ters Act of 2005, Vitter, Grassley, Commerce, Science, and Transpor- Affairs be authorized to meet on Thurs- Cornyn, DeWine; tation be authorized to meet on Thurs- day, October 20, 2005, at 9:30 a.m. for a S. 1647, Hurricane Katrina Bank- day, October 20, 2005, at 10 a.m., on Do- hearing titled, ‘‘Hurricane Katrina in ruptcy Relief and Community Protec- mestic Passenger and Freight Rail New Orleans: A Flooded City, a Chaotic tion Act of 2005, Feingold, Leahy, Dur- Safety. Response.’’ bin, Kennedy, Feinstein; and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without S. , Budget Reconciliation [Chair- objection, it is so ordered. objection, it is so ordered. man’s Mark].

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.101 S20OCPT1 S11696 CONGRESSIONAL RECORD — SENATE October 20, 2005 The PRESIDING OFFICER. Without Mr. HARKIN, Ms. LANDRIEU, and Mr. Mr. KENNEDY. Mr. President, I com- objection, it is so ordered. INOUYE. mend our Chairman, Senator ENZI, for COMMITTEE ON VETERANS’ AFFAIRS Mr. FRIST. For the purposes of the his leadership throughout this process. Mr. BOND. Mr. President, I ask unan- Transportation, Treasury appropria- The hearings and meetings he convened imous consent that the Committee on tions, I ask consent that the following to enable us to hear directly from the Veterans’ Affairs be authorized to meet Members be considered as conferees for persons most affected by the devasta- during the session of the Senate on Division A of the bill: Mr. BOND, Mr. tion of Hurricane Katrina have been in- Thursday, October 20, 2005, for a com- SHELBY, Mr. SPECTER, Mr. BENNETT, valuable to the development of this bi- mittee hearing titled ‘‘IT Management Mrs. HUTCHISON, Mr. DEWINE, Mr. partisan legislation. by the VA: Is it Ready for the 21st Cen- BROWNBACK, Mr. STEVENS, Mr. DOMEN- I also commend Senator ALEXANDER tury?’’ ICI, Mr. BURNS, Mr. COCHRAN, Mrs. and Senator DODD for their leadership The hearing will take place in room MURRAY, Mr. BYRD, Ms. MIKULSKI, Mr. in working with us to draft this one- 418 of the Russell Senate Office Build- REID, Mr. KOHL, Mr. DURBIN, Mr. DOR- time, temporary impact aid for displaced students attending public and ing at 10 a.m. GAN, Mr. LEAHY, Mr. HARKIN, and Mr. nonpublic schools. We all agree that all The PRESIDING OFFICER. Without INOUYE. displaced students deserve help in con- objection, it is so ordered. I further ask consent that the fol- tinuing their education, and we all SELECT COMMITTEE ON INTELLIGENCE lowing members be considered as conferees for Division B of the bill: Mr. agree on the extraordinary cir- Mr. BOND. Mr. President, I ask unan- cumstances and unprecedented scope of imous consent that the Select Com- BROWNBACK, Mr. DEWINE, Mr. ALLARD, Mr. COCHRAN, Ms. LANDRIEU, Mr. DUR- this disaster. mittee on Intelligence be authorized to The aid provided by this bill flows BIN, Mr. INOUYE. meet during the session of the Senate through the public school system to on October 20, 2005 at 2:30 p.m. to hold The PRESIDING OFFICER. Without objection, it is so ordered. ensure greater accountability for the a closed briefing. money. It enables these schools to The PRESIDING OFFICER. Without f make payments to accounts set up for objection, it is so ordered. MEASURES READ THE FIRST displaced students in nonpublic SUBCOMMITTEE ON NEAR EASTERN AND SOUTH TIME—S. 1904, H.R. 554 schools, as well, which can then use ASIAN AFFAIRS those funds to provide services to the Mr. BOND. Mr. President, I ask unan- Mr. FRIST. I understand there are displaced students enrolled in their imous consent that the Subcommittee two bills at the desk and I ask for their schools. on Near Eastern and South Asian Af- first reading, en bloc. Mr. ALEXANDER. Wi11 the Senator fairs be authorized to meeting during The PRESIDING OFFICER. The yield? the session of the Senate on Thursday, clerk will read the bills by title. Mr. KENNEDY. Certainly. October 20, 2005, at 2:30 p.m. to hold a The legislative clerk read as follows: Mr. ALEXANDER. Mr. President, I hearing on U.S. Foreign Policy, Petro- A bill (S. 1904) to provide elementary and would also like to thank my colleagues leum, and the Middle East. secondary education assistance to students for working together to craft this tem- The PRESIDING OFFICER. Without in schools impacted by Hurricane Katrina. porary emergency program to provide A bill (H.R. 554) to prevent legislative and objection, it is so ordered. one-time assistance to all displaced regulatory functions from being usurped by school children in public and nonpublic SUBCOMMITTEE ON THE CONSTITUTION, CIVIL civil liability actions brought or continued schools. I am also pleased that we were RIGHTS AND PROPERTY RIGHTS against food manufacturers, marketers, dis- able to develop this legislation in a Mr. BOND. Mr. President, I ask unan- tributors, advertisers, sellers, and trade as- way that provides financial assistance imous consent that the Subcommittee sociations for claims of injury relating to a for all displaced school children with- on the Constitution, Civil Rights and person’s weight gain, obesity, or any health out getting into ideological battles. Property Rights be authorized to meet condition associated with weight gain or obesity. Mr. DODD. Will the Senator yield? to conduct a hearing on ‘‘An Examina- Mr. ALEXANDER. Of course. tion of the Constitutional Amendment Mr. FRIST. I now ask for a second reading in order to place the bills on Mr. DODD. Mr. President, I cannot on Marriage’’ on Thursday, October 20, underscore enough what my colleagues 2005 at 2 p.m. in SD226. the calendar, and under the provisions of rule XIV, I object to my own request have already stated—that this is a one- Witness List: en bloc. time, emergency aid program. All of Panel I: Scott FitzGibbon, Professor The PRESIDING OFFICER. The bills the authors of the bill have agreed that of Law, Boston College, Boston, MA; will be read a second time on the next next school year, in terms of assistance Christopher E. Harris, M.D., Assistant legislative day. to nonpublic schools, we will go back Professor of Pediatrics, Vanderbilt to the way things are done today. We RELIEF FOR DISPLACED STUDENTS are reaching out to all of the students University School of Medicine, Nash- Mr. ENZI. Mr. President, I join my ville, TN; Louis Michael Seidman, affected by Katrina here, no matter colleagues in the introduction of a bill what type of school they attend, be- John Carroll Research Professor of to continue our efforts to provide relief Law, Georgetown University Law Cen- cause it makes sense under these ex- for the school children whose lives traordinary conditions, because it gets ter, Washington, DC; Richard Wilkins, have been uprooted by Hurricane Professor of Law, Brigham Young Uni- kids back on their feet as quickly as Katrina and for the all of the schools possible. In no way is this bill meant to versity, Provo, UT; Christopher Wolfe, that were affected by the storm—those Professor of Political Science, Mar- undermine or amend current law or set along the gulf coast and those who any type of precedent for future legis- quette University, Milwaukee, WI. have generously taken in displaced stu- The PRESIDING OFFICER. Without lation. dents across the country. Mr. ENZI. Will the Senator yield? objection, it is so ordered. I would first like to thank my col- Mr. DODD. Of course. f leagues, Senator ALEXANDER, Senator Mr. ENZI. Mr. President, I would just KENNEDY, and Senator DODD, who have like to echo the sentiments of the sen- APPOINTMENT OF CONFEREES—S. joined me today to explain our intent ior Senator from Connecticut. We have 3058 in crafting this legislation. all agreed and have explicitly stated in The PRESIDING OFFICER. The I am pleased that we were able to the bill, that the level and type of as- Chair appoints Mr. BOND, Mr. SHELBY, work together to develop and introduce sistance we are providing to both pub- Mr. SPECTER, Mr. BENNETT, Mrs. this bipartisan compromise. The bill lic and nonpublic schools is being au- HUTCHISON, Mr. DEWINE, Mr. provides relief for displaced students in thorized solely because of the unprece- BROWNBACK, Mr. STEVENS, Mr. DOMEN- a time of crisis, without opening polit- dented nature of the crisis, the massive ICI, Mr. BURNS, Mr. ALLARD, Mr. COCH- ical or ideological battles. dislocation of students, and the short RAN, Mrs. MURRAY, Mr. BYRD, Ms. MI- Mr. KENNEDY. Will the distin- duration of the assistance. KULSKI, Mr. REID of Nevada, Mr. KOHL, guished Senator yield? Mr. ALEXANDER. Will the Senator Mr. DURBIN, Mr. DORGAN, Mr. LEAHY, Mr. ENZI. Of course. yield?

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.112 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11697 Mr. ENZI. Certainly. This bill is a comprehensive legisla- aged; and in Louisiana over 130,000 stu- Mr. ALEXANDER. Mr. President, as tive approach to address the needs of dents have been affected. Hurricane you know, Hurricane Katrina had a the hundreds of thousands of students Katrina alone displaced 372,000 chil- devastating and unprecedented impact who have been displaced by Hurricane dren, and damaged or destroyed 700 on students and schools not only in the Katrina. We have developed a bill that schools. Our legislation will provide ur- disaster areas, but across the country. includes strategies to meet the imme- gently needed resources to help these There are over 45,000 displaced students diate needs of those students, families schools get back on track and help enrolled in Texas schools and over 3,900 and communities that have been af- these displaced students to resume enrolled in schools in my home State fected by the heavy toll that Hurricane their education, wherever they’ve tem- of Tennessee. This is an unprecedented Katrina exacted from the gulf region, porarily landed. situation, and it requires an appro- and the States that have responded People across the country have priate response for students in public with help. opened their homes. Communities have and nonpublic schools. But that re- My top concern was to make sure opened their schools. We owe a great sponse must be a temporary, one-time that all the displaced students get back debt of gratitude to all the principals only program to address the particular into school so that they can continue and superintendents who stepped up to needs of this situation, and that is their education. Returning to school the plate so quickly. what this bill accomplishes. It is not gives children a sense of routine that is But they need realistic help from intended to set a precedent for any- important in assuring them that things Congress as they struggle to accommo- thing except another disaster in which will return to normal. School provides date these students. We need to do all over 370,000 school children are dis- them with access to a support system we can to assist already hard-pressed placed. Katrina did not discriminate of friends and teachers, which is in- schools as they attempt to meet the among schoolchildren, and neither valuable as they and their families con- massive new challenge of including hundreds or thousands of new students should we. tinue to come to grips with the Mr. KENNEDY. Would the Senator aftereffects of the storm. in their local schools. This bill will provide the relief nec- yield for a question? With this bill we have attempted to essary to support the instruction, Mr. ALEXANDER. Of course. address the needs that have been iden- after-school programs, and other Mr. KENNEDY. Mr. President, I tified by the impacted communities di- school services the students need, when agree with the sentiments of my col- rectly affected by the storm as well as everything in their lives has been leagues and want to point out that we by those communities across the coun- turned upside-down. It provides needed have clearly stated in the bill our in- try that received the displaced stu- funding to help schools on the gulf tentions with regard to the temporary dents. The bill provides support for all coast to reopen soon, so that these nature of this program. Would the Sen- displaced students, ensures account- children can return to their own ator from Tennessee please explain the ability, and is fiscally responsible. schools as quickly as possible. provisions we have included to ensure In addition to the support for dis- The bill provides $900 million for spe- that the program is not extended? placed students in both public and non- cial school reopening grants for af- Mr. ALEXANDER. Certainly. The public schools, the bill includes provi- fected districts. These grants will sup- bill creates one-time only emergency sions for supplemental services, restart plement FEMA funding to assure effec- aid for the 2005–2006 school year. The services for schools in the most heavily tive use of Federal funds. They can be bill explicitly states that the funds impacted states, teacher and para- used to re-purchase textbooks and in- provided can only be used for expenses professional reciprocity, and assistance structional materials, establish tem- incurred during the current school for homeless youth and displaced ado- porary facilities while repairs are being year, and the entire bill sunsets on Au- lescent students. This bill is a bipar- made, help reestablish the data that gust 1, 2006. tisan product that reflects what we was destroyed, and pay the salaries of Mr. KENNEDY. I thank the Senator heard from over 100 representatives of teachers and other personnel who are from Tennessee. Would the Senator the education community and what we working to reopen these schools. yield for a follow-up question? saw firsthand in the areas devastated The bill also provides $2.4 billion to Mr. ALEXANDER. Yes. by the storm. help ease the temporary transition of Mr. KENNEDY. Isn’t it true that in This is a daunting task as we have students into new school districts and addition to these provisions in the bill, limited resources, but are faced with relieve the financial burden on these we have all agreed to stand together an almost unlimited need. We must schools through one-time emergency against attempts to extend this pro- focus our efforts on ensuring that the impact aid for receiving districts. Dis- gram beyond this school year or be- educational needs of the children af- tricts will report the number of af- yond this context? fected by this unprecedented emer- fected public and private school stu- Mr. ALEXANDER. Yes, that is true. gency are addressed. I believe that this dents they have enrolled, including Mr. ENZI. Will the Senator yield? legislation achieves that goal. students with special needs, and re- Mr. ALEXANDER. Yes. Mr. KENNEDY. Mr. President, we ceive supplemental aid in quarterly Mr. ENZI. Mr. President, as my col- need to address the urgent school needs payments, for a maximum of $6,000 a leagues and I have made clear, we have of the hundreds of thousands of chil- pupil, or $7,500 a pupil for those with come together in a spirit of bipartisan dren affected by the deadly storm that disabilities. compromise to accomplish a common hit the gulf coast, and the bill that These funds will be used to help the goal. This bill will provide the relief Senator ALEXANDER, Senator DODD, districts cover the additional costs necessary to support the instruction Chairman ENZI and I have introduced they have incurred as a result of en- and services that students displaced by will begin to do so. rolling displaced students, and can be this terrible storm need in order to As we continue to see images of Hur- used for purposes such as supporting continue their education, regardless of ricane Katrina and Hurricane Rita and basic instruction, purchasing edu- whether it was a public school or a the troubled process of rebuilding cational materials and supplies, and nonpublic school that opened its doors along the gulf coast, we are reminded helping schools temporarily expand fa- to a given student. Mr. President, we that we are all part of the American cilities to avoid overcrowding. hope that our colleagues in the Senate family, and we have a responsibility to Given the extraordinary cir- will work quickly with us to pass this help members of that family when they cumstances and unprecedented scope of bill and put these to work providing an are in need. this disaster, we need to support the education to our children as soon as Part of that responsibility is to do all families whose lives have been de- possible. we can to see that children and youth stroyed by this storm by helping them Mr. President, today I join my col- do not lose a year of their education. to continue their children’s education. leagues Senators ALEXANDER, KENNEDY Hundreds of thousands of school chil- We should do so even if their children and DODD in the introduction of the dren attended classes in buildings that ended up in a private school. But we Hurricane Katrina Elementary and have been damaged or destroyed. In must do so in a way that is non-ideo- Secondary Education Recovery Act. Mississippi, 271 schools have been dam- logical and responsible.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.052 S20OCPT1 S11698 CONGRESSIONAL RECORD — SENATE October 20, 2005 Our bill is a bipartisan compromise adequate resources to meet their con- bus routes and ordered about 10,000 new to support children who enrolled in the struction needs, and we must ensure textbooks to accommodate the stu- private schools that opened their doors that communities are able to bring dents. Georgia has accepted more than to students displaced by Katrina. their quality teachers and workforce 9,000 students, Alabama almost 5,400 Through this temporary, one-time back home. As the process of rebuild- students, and my home State of Ten- emergency impact aid, funds will go to ing moves forward, we will continue to nessee has enrolled almost 4,000 stu- public school districts, which will look for ways the Federal Government dents. make payments on behalf of dislocated can help make these communities bet- While most of these children are in children enrolled in private schools in ter than ever. public schools, private schools have their area. Our bill is a bipartisan, compromise also been essential to this humani- Under current law, Federal funding is that will give relief to schools and chil- tarian effort. This should not surprise available in certain circumstances to dren as soon as possible. I urge Con- us because in the four Louisiana par- support the education of disadvantaged gress and the administration to enact ishes hit the hardest by Katrina nearly and disabled students in private this legislation as soon as possible, so one third or 61,000 of the 187,000 stu- schools. Our bill follows that model, that these funds can do their job. The dents attended nonpublic schools. Ac- which will expedite relief to affected children and schools affected by the cording to the Department of Edu- families and provide accountability for hurricanes cannot wait any longer. cation, immediately after the hurri- public funds. Mr. ALEXANDER. Mr. President, cane, 50,000 students from the Catholic The aid provided by the bill flows Hurricane Katrina displaced more than Archdiocese of Greater New Orleans through the public school system, not 1 million people, at least 20 times more were displaced. In Texas 4,000 of the to parents. States must establish in- than in any other disaster handled by 60,000 displaced students enrolled in come eligibility criteria for aid to stu- the Federal Emergency Management private schools. In Tennessee, about dents enrolled in private schools. Agency, and 372,000 of those displaced 3,500 were in public schools and 500 in Under the bill, the public school makes by Katrina are school-aged children, in nonpublic schools. payments to an account set up for dis- kindergarten through the 12th grade. In Baton Rouge according to a report placed students in a private school. According to the U.S. Department of on National Public Radio, immediately The private schools can then access Education, schools in 49 States and the after the hurricane there were sud- those funds to provide services on be- District of Columbia have opened their denly 5,000 to 10,000 displaced private half of the displaced students enrolled doors to help these children. school students who had no school to in their schools. The legislation that Senators ENZI, attend. To accommodate them, the Our bill contains strong civil rights KENNEDY, DODD and I introduce today Catholic Diocese in Baton Rouge strug- protections. Schools that participate in will help all of Katrina’s 372,000 dis- gled to establish satellite schools— the program are not allowed to displaced school children. Katrina did not some located great distances away— criminate in enrollment on the basis of discriminate among school children, which these students attended at race, color, national origin, disability, and neither do we. We propose pro- night. or sex. The bill explicitly states that viding up to $6,000 per student during In Memphis, where so many displaced existing civil rights laws apply to re- this school year to help States, school students have gone, the willingness of cipients of these funds, and it prohibit districts and schools defray the costs of private schools to accept these stu- Federal funds from being used for reli- receiving any child displaced by dents is an enormous help to over- gious purposes. Katrina. In the case of children with crowded public schools. The Memphis The bill explicitly states that this disabilities, the maximum amount will City schools have enrolled over 650 stu- type and level of aid to public and pri- be $7,500 per student. This legislation dents and the adjacent Shelby County vate schools is being provided only be- will help children attending both pub- Public School District has enrolled cause of the unprecedented cir- lic and nonpublic schools. Our bill is over 600 new children, a difficult bur- cumstances and massive dislocation of temporary, one time impact aid, makes den in a school system already growing students caused by the hurricanes. As no permanent change Federal edu- by 1,000 students and one new school sponsors of the bill, we agree that this cation laws and will not be extended building each year. The Memphis will be a temporary program, and that after this school year. It minimizes Catholic Diocese has enrolled over 250 it is not intended to be a precedent for costs by making payments quarterly, students to help share the load. anything except another disaster in taking into account the fact that dur- During the last 6 weeks, some of which over 370,000 school children are ing the year many children are return- these children are returning home as displaced. ing to their home communities. schools reopen. But severe problems of The bill sunsets at the end of the It also requires the Secretary of Edu- displacement remain. For example, school year, and funds provided can be cation to verify head counts of stu- school officials in Baton Rouge and used only for expenses incurred during dents eligible for aid, and the States Livingston, LA, expect to receive a new the 2005–2006 school year. must return to the U.S. Treasury any influx of children moving to shelters in The bill also includes $100 million for unused funds. States, as part of their Houston and other locations. The after-school programs and supple- application process, will be able to schools in the three hardest hit par- mental services for displaced children, look at the income of families attend- ishes—Orleans, St. Bernard and and $50 million to help children who ing nonpublic schools when deter- Plaquemines—enrolled 81,196 public are newly homeless as a result of the mining what aid should be available, and 27,886 private and religious school hurricane. although it is my strong hope that in students. Many of these schools are ex- In addition, the bill creates a new doing this, the States will remember pected to remain closed for the entire one-year authority for a program for that almost any displaced family is school year. high school juniors and seniors. Grants suffering hardship and that burden- In additional to helping all of will go to state and local education some means testing requirements could Katrina’s displaced school children, in agencies alone, or in partnership with slow down much needed humanitarian fashioning this proposal we have colleges and community-based organi- help. sought to respect traditional State and zations, to offer alternative programs Nine States have received more than local education prerogatives, to meet that provide instruction, test prepara- a thousand of these displaced students, Federal constitutional requirements, tion and assistance with college appli- with the largest number being in Lou- to make the provisions simple enough cations, and job readiness skills. isiana and Mississippi, the two States that this aid could be administered Our bill will relieve the immediate most heavily damaged by Katrina. In quickly, and to avoid spending more and short term needs of these schools addition, Texas has enrolled as many taxpayer dollars than absolutely nec- and children. But we may need to do as 60,000 students. Houston Independent essary. more to help the communities along School District, which has enrolled This is how our proposal would work. the gulf coast rebuild. We must ensure roughly 4,700 displaced students, has To begin with, a State would submit to that schools and communities have hired 180 new teachers, added 37 new the U.S. Department of Education an

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.055 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — SENATE S11699 application identifying the number of dren. There was nothing traditional of the crisis, the massive dislocation of Katrina displaced students attending about what happened in Hurricane students, and the short duration of the public schools, Bureau of Indian Af- Katrina. We urgently need to help all assistance. fairs—BIA—schools, and nonpublic children on a one-time, emergency f schools in that State. The application basis. FOREIGN SERVICE GRIEVANCE will also describe the process for estab- Mr. DODD. Mr. President, I support BOARD PROCEDURES lishing and providing payments to stu- the Hurricane Katrina Elementary and dent accounts for displaced students at Secondary Education Recovery Act in- Mr. FRIST. I ask unanimous consent nonpublic schools. After receiving Fed- troduced by myself, Senator ENZI, Sen- that the Senate proceed to the imme- eral dollars, States would in turn make ator KENNEDY and Senator ALEXANDER. diate consideration of S. 1905, intro- payments to school districts based This bill will provide much needed reduced earlier today. upon the number of displaced students lief to the children, families and The PRESIDING OFFICER. The temporarily enrolled in public schools schools devastated by Hurricane clerk will report the bill by title. or nonpublic schools in that district. Katrina. The legislative clerk read as follows: These payments would be up to $6,000 Hundreds of thousand of children A bill (S. 1905) to clarify Foreign Service annually for each displaced student, have been displaced by this disaster. Grievance Board procedures. except that for students receiving Schools across the country are taking There being no objection, the Senate IDEA services the total payment would students in offering them some sense of proceeded to consider the bill. be as much as $7,500. normalcy in an otherwise abnormal sit- Mr. FRIST. Mr. President, I ask In the case of students enrolled in uation. We have heard stories of unanimous consent the bill be read the nonpublic schools, school districts schools all over the country that have third time and passed, the motion to would make payments to student ac- opened their doors to new students, in- reconsider be laid upon the table, and counts on behalf of each such displaced cluding schools in Connecticut. These any statements relating to the bill be student. The amount of the payment to collective examples point to our edu- printed in the RECORD. each of these student accounts would cation system as an integral part of The PRESIDING OFFICER. Without be the same as that for each student our communities. Better than any objection, it is so ordered. enrolled at a public school unless the other entity, schools know that chil- The bill (S. 1905) was read the third tuition, fees, or transportation ex- dren need a safe place to develop and time and passed, as follows: penses for the nonpublic student are learn in the wake of disaster. S. 1905 Among the provisions today, is one less than $6,000, or $7,500 in the case of Be it enacted by the Senate and House of Rep- a student receiving IDEA services. that will provide financial assistance resentatives of the United States of America in This has not been an easy piece of for displaced students regardless of Congress assembled, legislation to write because the four of where they go to school. Public and SECTION. 1. CLARIFICATION OF FOREIGN SERV- us do not agree on whether or how Fed- nonpublic schools will receive assist- ICE GRIEVANCE BOARD PROCE- eral dollars should follow children to ance that can be used to pay for addi- DURES. private schools, including religious tional personnel, curricular materials, Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended in the schools. But we do agree that there portable classrooms and even health and mental health services as long as first sentence— must be a one-time, temporary solu- (1) by inserting ‘‘the involuntary separation to help all of Katrina’s displaced the services provided are secular and tion of the grievant (other than an involun- children. Therefore, we have found a neutral in nature and are not used for tary separation for cause under section way to create this one-time temporary religious instruction, indoctrination or 610(a)),’’ after ‘‘considering’’; and impact aid that makes no permanent worship. (2) by striking ‘‘the grievant or’’ and in- change in Federal education law and, This is not a voucher bill. Through a serting ‘‘the grievant, or’’. insofar as we are concerned establishes number of mechanisms, this bill main- f tains public control of public dollars. no precedent—except perhaps for some CALLING FOR FREE AND FAIR This bill prohibits Federal dollars from other hurricane that displaces 372,000 PARLIAMENTARY ELECTIONS IN going to religious instruction. And, children. THE REPUBLIC OF AZERBAIJAN In other words, we have set aside dis- this bill preserves civil rights protec- puting our ideological differences for tions. Mr. FRIST. Mr. President, I ask another day and hope that our col- Most important, this bill is tem- unanimous consent that the Com- leagues will do the same. We have done porary in nature. The bill provides mittee on Foreign Relations be dis- this in the spirit suggested by a Wash- temporary emergency impact aid for charged from further consideration of ington Post editorial last month which displaced students. It is temporary in S. Res. 260 and that the Senate proceed appeared shortly after the hurricane: that it sunsets at the end of the cur- to its immediate consideration. The PRESIDING OFFICER. Without Just as it’s important not to sneak in an rent school year, emergency in that it enormous new federal program for ideolog- is necessary because of the extraor- objection, it is so ordered. The clerk ical reasons, it’s also important that neither dinary circumstances that we have will report the resolution by title. Democrats, teachers unions nor anyone else been presented with, and impact aid as The legislative clerk read as follows: rule out for ideological reasons what could it is assistance for those schools that A resolution (S. Res. 260) calling for free be a useful tool for distributing relief funds. have been impacted as thousands of and fair parliamentary elections in the Re- There could be pragmatic reasons to put dis- children and their families have left public of Azerbaijan. placed students in private or parochial There being no objection, the Senate schools: if, say, school districts are over- the devastated areas. crowded, if students have special needs or if I cannot underscore this enongh—the proceeded to consider the resolution. that happens to be where they ended up. So provisions in this bill are a departure Mr. FRIST. Mr. President, I further it might make sense to attach a sum to each from Federal law but they are a tem- ask unanimous consent that the reso- student—whether it’s called a voucher or porary departure in light of extraor- lution be agreed to, the preamble be something else—as long as that sum is given dinary events. Next school year, in agreed to, and the motion to reconsider out in a limited number of places and for a terms of assistance to nonpublic be laid upon the table, with no inter- limited time, certainly not longer than the schools, we will go back to the ways vening action or debate, and that any current school year. . . . any solution that would allow stu- things are. We are reaching out to all statements relating to this measure be dents to finish the year with a minimum of students here, today, because it makes printed in the RECORD. fuss and disruption to themselves and their sense, because it gets kids back on The PRESIDING OFFICER. Without families, and that would prevent school dis- their feet as quickly as possible. We are objection, it is so ordered. tricts in Texas and elsewhere from unduly not changing the generic laws. As we The resolution (S. Res. 260) was burdened, should be welcomed. explicitly state in the bill, the level of agreed to. If each of us maintains our tradi- assistance we are providing to non- The preamble was agreed to. tional positions, there would be no way public schools is being authorized sole- The resolution, with its preamble, to help all of Katrina’s displaced chil- ly because of the unprecedented nature reads as follows:

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.060 S20OCPT1 S11700 CONGRESSIONAL RECORD — SENATE October 20, 2005 S. RES. 260 right and opportunity to exercise their civil ORDERS FOR FRIDAY, OCTOBER 21, Whereas the Republic of Azerbaijan is and political rights, free from intimidation, 2005 scheduled to hold elections for its par- undue influence, threats of political retribu- liament, the Milli Majlis, in November 2005; tion, or other forms of coercion by national Mr. FRIST. Mr. President, I ask Whereas Azerbaijan has enjoyed a strong or local authorities or others; unanimous consent that when the Sen- relationship with the United States since its Whereas a genuinely free and fair election ate completes its business today, it ad- independence from the former Soviet Union requires government and public authorities journ until 9:30 a.m. on Friday, October in 1991; to ensure that candidates and political par- 21. I further ask consent that following Whereas international observers moni- ties enjoy equal treatment before the law and that government resources are not em- the prayer and pledge, the morning toring Azerbaijan’s October 2003 presidential hour be deemed expired, the Journal of election found that the pre-election, election ployed to the advantage of individual can- day, and post-election environments fell didates or political parties; and proceedings be approved to date, the short of international standards; Whereas the establishment of a trans- time for the two leaders be reserved, Whereas the International Election Obser- parent, free and fair election process for the and the Senate proceed to the imme- vation Mission (IEOM) in Baku, Azerbaijan, 2005 parliamentary elections is an important diate consideration of H.R. 3010, the deployed by the Organization for Security step in Azerbaijan’s progress toward full in- Labor-HHS appropriations bill. I fur- and Cooperation in Europe (OSCE) and the tegration into the democratic community of nations: Now, therefore, be it ther ask consent that the committee- Council of Europe, found that there were nu- reported amendment be agreed to as merous instances of violence by both mem- Resolved, That the Senate— bers of the opposition and government (1) calls on the Government of the Republic original text for the purpose of further forces; of Azerbaijan to hold orderly, peaceful, and amendment, that no points of order be Whereas the international election observ- free and fair parliamentary elections in No- waived by virtue of this agreement, ers also found inequality and irregularities vember 2005 in order to ensure the long-term and that during tomorrow’s session the growth and stability of the country; in campaign and election conditions, includ- bill be considered for debate only. (2) calls upon the Government of Azer- ing intimidation against opposition sup- baijan to guarantee the full participation of The PRESIDING OFFICER. Without porters, restrictions on political rallies by opposition parties in the upcoming elections, objection, it is so ordered. opposition candidates, and voting fraud; including members of opposition parties ar- Whereas Azerbaijan freely accepted a se- rested in the months leading up to the No- ries of commitments on democracy, human f vember 2005 parliamentary elections; rights, and the rule of law when that country (3) calls upon the opposition parties to joined the OSCE as a participating State in fully and peacefully participate in the No- PROGRAM 1992; vember 2005 parliamentary elections, and Mr. FRIST. Mr. President, tomorrow Whereas, following the 2003 presidential calls upon the Government of Azerbaijan to election, the Council of Europe adopted Res- create the conditions for the participation the Senate will begin consideration of olution 1358 (2004) demanding that the Gov- on equal grounds of all viable candidates; our final—our final—appropriations ernment of Azerbaijan immediately imple- (4) believes it is critical that the November bill for this fiscal year. We will not ment a series of steps that included the re- 2005 parliamentary elections be viewed by have any rollcall votes during tomor- lease of political prisoners, investigation of the people of Azerbaijan as free and fair, and row’s session, and the next vote will election fraud, and the creation of public that all sides refrain from violence during service television to allow all political par- occur Monday evening at approxi- the campaign, on election day, and following mately 5:30. I do want to congratulate ties to better communicate with the people the election; of Azerbaijan; (5) calls upon the Government of Azer- Senators BOND and MURRAY for getting Whereas, since the 2003 presidential elec- baijan to guarantee election monitors from the Transportation-Treasury appro- tion, the Government of Azerbaijan has the Office for Democratic Institutions and priations bill completed today. And I taken some positive steps by releasing some Human Rights of the Organization for Secu- thank all of my colleagues for allowing political prisoners and working to create rity and Cooperation in Europe (OSCE), the Senate to make orderly, steady public service television; Azeri political parties, representatives of progress during today’s session. Whereas the United States supports the candidates, nongovernmental organizations, promotion of democracy and transparent, and other private institutions and organiza- I encourage all Senators to notify the free, and fair elections consistent with the tions, both foreign and domestic, unimpeded bill managers if they do have amend- commitments of Azerbaijan as a partici- access to all aspects of the election process; ments to the Labor-HHS appropria- pating State of the OSCE; (6) supports recommendations made by the tions bill as quickly as possible so that Whereas the United States is working with Council of Europe on amendments to the we can finish that bill in a timely man- the Government of Azerbaijan, the political Unified Election Code of Azerbaijan, specifi- ner next week. opposition, civil society, the OSCE, the cally to ensure equitable representation of Council of Europe, and other countries to opposition and pro-government forces in all strengthen the electoral process of Azer- election commissions; f baijan through diplomatic efforts and non- (7) urges the international community and partisan assistance programs, including sup- domestic nongovernmental organizations to ADJOURNMENT UNTIL 9:30 A.M. port for international and domestic election provide a sufficient number of election ob- TOMORROW observers, voter education and election in- servers to ensure credible monitoring and re- formation initiatives, training for can- porting of the November 2005 parliamentary Mr. FRIST. Mr. President, if there is didates and political parties, and training for elections; no further business to come before the judges and lawyers on the adjudication of (8) recognizes the need for the establish- Senate, I ask unanimous consent that election disputes; ment of an independent media and assur- the Senate stand in adjournment under Whereas the Government of the United ances by the Government of Azerbaijan that the previous order. States has awarded a contract to conduct freedom of the press will be guaranteed; and exit polling throughout Azerbaijan; (9) calls upon the Government of Azer- There being no objection, the Senate, Whereas a genuinely free and fair election baijan to guarantee freedom of speech and at 9:01 p.m., adjourned until Friday, requires that citizens be guaranteed the freedom of assembly. October 21, 2005, at 9:30 a.m.

VerDate Aug 31 2005 06:52 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.051 S20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2133 EXTENSIONS OF REMARKS

A TRIBUTE TO EUGENE R. Mr. Speaker, I believe that it is incumbent RECOGNIZING BRANDON K. SNEED MCGRATH on this body to recognize the accomplishments and selfless service of Eugene R. HON. MIKE ROGERS HON. EDOLPHUS TOWNS McGrath, as he is more than worthy of our OF ALABAMA OF NEW YORK recognition today. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, October 20, 2005 f Thursday, October 20, 2005 Mr. ROGERS of Alabama. Mr. Speaker, Mr. TOWNS. Mr. Speaker, I rise today in RECOGNIZING THE SERVICE OF Sergeant First Class Brandon K. Sneed, 33, recognition of Eugene R. McGrath, a distin- WESTMINSTER CITY COUNCIL- originally of Norman, Oklahoma, died on Octo- guished member of the business community. MAN DAVE DAVIA ber 10, 2005, in Iraq. Sergeant First Class Mr. Speaker, Eugene R. McGrath is Chair- Sneed was assigned to B Company, 1st Bat- man of the Board and Chief Executive Officer talion, 30th Infantry Regiment, 3rd Infantry Di- of Consolidated Edison, Inc., the holding com- HON. MARK UDALL vision, at Fort Benning, Georgia. According to pany; and Chairman and Chief Executive Offi- initial reports, Sergeant First Class Sneed died OF COLORADO cer of its largest subsidiary, Con Edison of when an improvised explosive device deto- New York, the regulated utility. It behooves us IN THE HOUSE OF REPRESENTATIVES nated near his military vehicle. His survivors to pay tribute to this outstanding leader and I include his wife, children, and parents. hope my colleagues will join me in recognizing Thursday, October 20, 2005 Brandon Sneed was a devoted husband his impressive accomplishments. Mr. UDALL of Colorado. Mr. Speaker, I rise and father and was eager to serve his country, Mr. McGrath joined Con Edison of New Mr. Speaker. Like every other soldier, he duti- York as an engineer following college gradua- today to acknowledge the service of out-going Westminster City Councilman Dave Davia. fully left behind his family and loved ones to tion in 1963. He eventually held key executive serve our country overseas. positions in the utility’s major operating and Although Dave has been on the Council Words cannot express the sense of sadness customer service areas and managed fossil- only since 2004, his involvement in the West- we have for his family, and the gratitude our fired and nuclear generating plants. He was minster community began long before then. country feels for his service. Sergeant First elected Vice President in 1978, Executive Vice He has served on the Westminster Human Class Sneed died serving not just the United President in 1982, and President and Chief Services Board since December 2002 and be- States, but the entire cause of liberty, on a Operating Officer in 1989. He became Chair- came the chair in 2004. Dave also takes part noble mission to help spread the cause of man and Chief Executive Officer in September in the Westminster Rotary, Adams County freedom in Iraq and liberate an oppressed 1990. Inter-faith Hospitality Network, Adams County people from tyrannical rule. He was a true Mr. McGrath serves on the board of direc- District 50 Community Education Foundation, American. tors of many organizations that advance eco- and the CedarBridge Homeowners Associa- We will forever hold him closely in our nomic development, human services, culture tion, hearts, and remember his sacrifice and that of and education. He is chairman of the Union Currently, Dave is employed as a business his family as a remembrance of his bravery Square Partnership; director of AEGIS Insur- systems consultant at Wells Fargo. In addition and willingness to serve. Thank you, Mr. ance Services, Atlantic Mutual Insurance to this he has also served on the Wells Fargo Speaker, for the House’s remembrance on this Company, Barnard College, the Business Education Committee and the Wells Fargo mournful day. Council of New York State, the Fresh Air Bank Cup Committee. Fund, the Hudson River Foundation for f Science and Environmental Research, Inc., As a Westminster City Councilman, Dave’s IN REMEMBRANCE OF JOHN Manhattan College, the Partnership for New focus has been on diversifying the city’s tax TUCKER York City, Schering-Plough Corporation, and base, redeveloping blighted areas, monitoring the Wildlife Conservation Society. He is a water supply and responding to growth HON. GENE GREEN through participation in transportation projects member of the Council on Foreign Relations, OF TEXAS for the city. He has been vigilant in his quest the Economic Club of New York, the Develop- IN THE HOUSE OF REPRESENTATIVES ment Advisory Council for the Lower Manhat- for these projects and has gained a well-de- Thursday, October 20, 2005 tan Development Corporation, the National served reputation for expertise and thoughtful- Academy of Engineering, and the Mayor’s ness. Mr. GENE GREEN of Texas. Mr. Speaker, Fund to Advance New York City. Mr. Speaker, in addition to recognizing the I rise today to extend my deepest sympathies Within the energy industry, Mr. McGrath is a ethic of public service among other West- to the family, friends, and colleagues of John director of the Edison Electric Institute and a minster City Council members, I ask my col- Tucker, a constituent and citizen of Baytown, member of the Energy committee of the New leagues to join with me in acknowledging Mr. Texas, who passed away September 25, York Building Congress. Dave Davia. 2005, at the age of 83. A native New Yorker, Mr. McGrath earned a Born in Victoria County, Mr. Tucker served mechanical engineering degree from Manhat- We often debate and pass legislation at the in the Army Air Corps as a gunnery instructor tan College in 1963, a Masters in Business Federal level that has far-reaching, significant, during World War II. He also served in Japan Administration from Iowa College in 1980 and and sometimes unintended consequences, for during the Korean War. After the war, he went completed the Advanced Management Pro- local governments. That is one reason I be- to work for ExxonMobil, where he stayed for gram at Harvard University in 1989. lieve it is so important to recognize and honor 33 years, retiring in 1980. Consolidated Edison, Inc., one of the na- the men and women who work hard by hold- But it is not only his distinguished careers in tion’s largest investor-owned energy compa- ing office at the county and municipal level. the Armed Forces and at ExxonMobil that I nies, with approximately $10 billion in annual Many of these individuals are among the best wish to honor today. John Tucker’s service to revenues and $24 billion in assets, provides a and brightest public policy advocates in our the community of Baytown as one of its great- wide range of energy-related products and country, but they are not always recognized est philanthropists is also worthy of our rec- services to its customers. Its subsidiaries infor the long hours, minimal pay, and difficult ognition. Mr. Tucker established and chaired clude Consolidated Edison Company of New work they undertake. the ‘‘Friends of Lee College’’ organization with York, Inc., Orange and Rockland Utilities, Inc., Dave Davia is one of these people. He has 14 of his friends in 1986. In 2000, he raised Con Edison Solutions, Con Edison Energy, worked hard on behalf of the people in his over a million dollars for the college for an ad- Con Edison Development, and Con Edison community and I wish him every success in mirable purpose: to establish a childcare cen- Communications. the future. ter at the college so that single mothers could

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

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.001 E20OCPT1 E2134 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 attend classes and finish their educations. member of the business community. It be- HONORING SAMANTHA ‘‘SAM’’ These are just two examples of the many acts hooves us to pay tribute to this outstanding DIXION of generosity and kindness he performed for leader and hope my colleagues will join me in the citizens of Baytown. He also served as recognizing his impressive accomplishments. HON. MARK UDALL board chair for the Baytown Museum and OF COLORADO Mr. Speaker, Bernard B. Beal is Chief Exec- served on the boards of the American Diabe- IN THE HOUSE OF REPRESENTATIVES utive Officer of M.R. Beal & Company, a na- tes Association, the Lee College Foundation, Thursday, October 20, 2005 the Hospice Advisory, and the Texas Exes of tionally recognized investment banking firm. Baytown, receiving several awards from these Mr. Beal founded the minority-owned firm in Mr. UDALL of Colorado. Mr. Speaker, I rise organizations in recognition of his service. 1988 following a successful career in munic- today to express my thanks and appreciation Honored as the 1999 Baytown Sun Citizen ipal and corporate finance at Shearson Leh- to Ms. Samantha ‘‘Sam’’ Dixion for her exem- plary public service as Westminster City Coun- of the Year and the 2001 ExxonMobil Refiner man Hutton. The oldest continuously operating of the Year, Mr. Tucker was best known for cilwoman for the past sixteen years. Her tire- African-American investment bank in the less efforts have made a positive difference in his uncanny fundraising abilities, his excep- United States, the firm offers investment bank- tionally happy demeanor, and his dedication to the lives of many people in Westminster and ing, financial advisory and broker-dealer serv- the surrounding communities. Although she is his family, especially his wife Jane. ices to municipalities, state governments and He will be greatly missed by the citizens of stepping down from the Westminster City Baytown and all those who knew him, and I numerous corporations in the telecommuni- Council, I know that she will continue to stay ask that you remember the Tucker family in cations, media, technology, energy and finan- involved in important community matters. Ms. Dixion began serving on the West- your thoughts and prayers. cial services industries. minster City Council in 1989 and has served f M.R. Beal & Company is headquartered in as mayor pro tem twice, from 1995 to 1997 New York City, with offices in Sacramento, RECOGNIZING WORLD WAR II AND and again from 2000 to 2002. In addition to KOREAN WAR VETERANS AR- Chicago, Dallas, Baltimore, New Orleans and serving on the City Council, she has been in- THUR NIELSON Washington, DC. Through the end of 2004, volved in a variety of community boards and the firm has co-managed municipal financings councils. Among these include the Economic HON. GINNY BROWN-WAITE exceeding $450 billion, senior-managed over Development and Private Industry Councils of both Adams and Jefferson Counties, Arvada OF FLORIDA $7 billion and has served as an underwriter in High School’s Cooperative Occupational Edu- IN THE HOUSE OF REPRESENTATIVES over 3,200 municipal transactions. For the past decade, M.R. Beal & Company has been cation Program, Westminster Community Artist Thursday, October 20, 2005 ranked as one of the top twenty underwriters Series, Colorado Municipal League’s Policy Committee, and the Westminster Human Serv- Ms. GINNY BROWN-WAITE of Florida. Mr. of municipal securities nationwide. In addition, Speaker, I rise today to recognize Arthur Neil- ices Board. She is also a founding member of the firm has consistently been a member of son, a proud veteran who served during both Front Range Foundation for Educational Ex- the Black Enterprise 100 List and was named World War II and the Korean War. cellence and Westminster DARE Foundation. Within two days of the Japanese bombing of BE’s Finance Company of the Year in June of She served as a council liaison to the city Pearl Harbor, Mr. Neilson volunteered to serve 2001. Human Services Board and the City’s rep- and defend America. During his eight years in Mr. Beal serves on several boards. He is resentative to the Adams County Economic the Marines, Mr. Neilson served in the Solo- the Chairman of the A Better Chance Founda- Development Board, which she chaired in mons, Bismarck Island and the Philippines. tion whose mission is to increase the number 1997. Ms. Dixion’s passion for her community ex- Following his retirement from the Marines in of well-educated minority youth capable of as- 1949, Mr. Neilson once again answered the tends to important issues affecting the entire suming positions of responsibility and leader- call to duty and volunteered to join the Army region, especially the cleanup and closure— ship in American society. Mr. Beal serves on in 1950. Deployed to Korea, Mr. Neilson was and future use—of the former U.S. Depart- wounded by North Korean soldiers during a the Municipal Executive Committee of the ment of Energy’s (DOE) Rocky Flats nuclear gun battle. Hiding in a foxhole and covered Bond Market Association and is a Trustee of weapons production facility west of West- only by a tarp, Mr. Neilson hid from the ap- the National Foundation for Affordable Hous- minster. She has been an early and active proaching North Korean troops and the mas- ing. voice on addressing the environmental issues sive snowfall that enveloped his hiding spot. Mr. Beal has received numerous profes- at this site, and has been working with her colleagues in the surrounding communities to Suffering from the gunshot wound and frost- sional and civic awards. He has the distinction make sure the cleanup and closure of this site bite, Mr. Neilson was eventually saved by of being one of only three people listed on passing American troops. For his sacrifices is thorough, safe and effective. The expertise both the Black Enterprise list of the 25 Hottest over his twenty-five year military career, some she developed on this issue resulted in her of Mr. Neilson’s awards include the Purple Blacks on Wall Street in 1992 and the Top 50 being selected as the City’s primary liaison on Heart, three Bronze Stars and the Combat In- Blacks on Wall Street in 2003. Rocky Flats issues. In that capacity, she has fantryman Badge. A graduate of Carleton College, Northfield, been a member of the Rocky Flats Coalition of I know that Mr. Neilson’s wife of more than Minnesota with a Bachelor of Arts degree in Local Governments (Coalition) since its cre- 50 years, Joyce, and their four children are Economics, Mr. Beal also received a Masters ation and also served on many predecessor extremely proud of the career and accomplish- community oversight groups and committees. of Business Administration with a concentra- Her work at Rocky Flats lead to her selec- ments of Mr. Neilson. They have traveled tion in Finance from the Stanford University throughout the world with him and have been tion as Chair of the Energy Communities Alli- School of Business. He was recently awarded at his side when he has been recognized with ance (Alliance) in 1999 after having served as an Honorary Doctorate of Humane Letters many awards for a job well done. vice-Chair from 1998 to 1999. The Alliance is Mr. Speaker, true American heroes like Ar- from the Sacred Heart University. composed of local governmental officials and thur Neilson should be honored for their serv- Mr. Beal is married to Valerie Lancaster others from across the country to advise DOE ice to our Nation and for their commitment and Beal and is the proud father of two children, on the environmental aspects and other issues associated with nuclear weapons production sacrifices in battle. They are truly part of Michael, a senior at Harvard University and America’s greatest generation. facilities. Her work on the Alliance is a testa- Erica, a senior at Horace Mann High School. ment to her dedication to making sure that the f Mr. Speaker, I believe that it is incumbent public’s health and safety is protected around A TRIBUTE TO BERNARD B. BEAL on this body to recognize the accomplish- these facilities. ments of Bernard B. Beal as he offers his tal- Ms. Dixion also finds time to be a teacher- HON. EDOLPHUS TOWNS ents and philanthropic services for the better- tutor with the Cooperative Occupational Edu- cation Program at Arvada High School. Her OF NEW YORK ment of our local and national communities. IN THE HOUSE OF REPRESENTATIVES commitment to quality education can be ob- Mr. Speaker, Bernard B. Beal’s selfless served through her participation in the Arvada Thursday, October 20, 2005 service has continuously demonstrated a level Senior High School’s Drop-Out Program and Mr. TOWNS. Mr. Speaker, I rise today in of altruistic dedication that makes him most the Jefferson County District 1 Judicial Review recognition of Bernard B. Beal, a distinguished worthy of our recognition today. Committee where she is a past chair.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.004 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2135 Ms. Dixion is a well-recognized leader in the HONORING CHANNEL INDUSTRIES battle. They are truly part of America’s Great- Westminster community. Her honors and MUTUAL AID ON THEIR 50TH AN- est Generation. awards include Jefferson County Mother of the NIVERSARY f Year, Metro North Chamber Volunteer of the Year and several marketing achievement A TRIBUTE TO DR. ATUL B. HON. GENE GREEN CHOKSHI awards. OF TEXAS Mr. Speaker, I ask my colleagues to join IN THE HOUSE OF REPRESENTATIVES with me in expressing my gratitude to Ms. HON. EDOLPHUS TOWNS Thursday, October 20, 2005 Dixion for her tireless work. Although her work OF NEW YORK and the issues she has championed are seri- Mr. GENE GREEN of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES ous and important, she brought a refreshing, I rise today to recognize one of the largest Thursday, October 20, 2005 positive outlook that was infectious. Through mutual aid organizations in the world, Channel Mr. TOWNS. Mr. Speaker, I rise today in all of this work—at times difficult and con- Industries Mutual Aid, for their 50 years of recognition of a member of the Brooklyn com- troversial—she maintained a sense of humor service to Houston and the surrounding areas. munity and distinguished member of the and humility in her interactions with others, Formed in 1955 under the name of the healthcare profession, Dr. Atul B. Chokshi. It without compromising professionalism or re- ‘‘Houston Ship Channel Industries Disaster Aid is an honor to represent Dr. Chokshi in the spect of others and their views. In a time Organization,’’ in 1960 it became the non-prof- House of Representatives and it behooves us when faith in our political system is faltering, it corporation ‘‘Channel Industries Mutual Aid.’’ to pay tribute to this outstanding leader in we should recognize and acknowledge people Its objective remained the same: to provide American Medicine. like Ms. Dixion who have an innate devotion to mutual assistance in case of emergency situa- Mr. Speaker, on Dr. Atul B. Chokshi’s re- enhancing the quality of life in our commu- tions, whether natural or man-made. sume he states that his life’s goals are to ‘‘be nities. I am proud to offer my appreciation for With over 100 industrial, municipal, and gov- as complete a cardiologist as possible’’ and her work and wish her continued success in ernmental members such as Shell Oil, Cel- ‘‘to be as nice and loving a human being as all her future endeavors. anese, the City of Houston Fire Dept., and the U.S. Coast Guard, CIMA joins these together possible.’’ To the thousands of people of the Interfaith Medical Center community who have f to respond to fire, hazardous material, rescue and medical emergencies along the Houston been touched by Dr. Chokshi’s gentleness and IN RECOGNITION OF THE AUBURN Ship Channel. caring nature, he has already met his life’s EARLY EDUCATION CENTER CIMA provides disaster assistance not only goals. to the Houston Ship Channel, but cooperates Born and trained in India, with an 18-month with mutual aid organizations all along the stint in England, Dr. Chokshi has been with HON. MIKE ROGERS Texas and Louisiana coastlines, and has Interfaith Medical Center for nearly his entire OF ALABAMA shared its response readiness procedures with medical career. Joining one of Interfaith Med- ical Center’s predecessor hospitals, Jewish IN THE HOUSE OF REPRESENTATIVES international organizations such as the Inter- national Red Cross, and countries such as Hospital and Medical Center of Brooklyn, or Thursday, October 20, 2005 Germany, Switzerland, and Austria. ‘‘Brooklyn Jewish’’ in the summer of 1978 as an Intern in Internal Medicine. Dr. Chokshi has Mr. ROGERS of Alabama. Mr. Speaker, on For its invaluable service to the City of served in a variety of positions leading up to behalf of myself and Congressman BACHUS, Houston, the 29th District of Texas, the Gulf his being named the Director of the Cardiac we would like to extend our sincerest con- Coast, and the rest of the world, I extend Catheterization Lab. gratulations to the Auburn Early Education CIMA my deepest gratitude, and my heartfelt congratulations on 50 years of excellence. As head of lnterfaith Medical Center’s Car- Center in Auburn, Alabama, for its receipt of diac Cath Lab since 1993, Dr. Chokshi has pi- f the prestigious Intel Corporation and Scho- oneered thoughtful and gentle cardiology care. lastic ‘‘School of Distinction’’ Award. This RECOGNIZING WORLD WAR II VET- In November 2004, Dr. Chokshi launched the school, through the hard work of its faculty ERANS OF POLK COUNTY, FLOR- City’s first Walk-in-Walk-out transradial cardiac and staff, has set a national standard in lit- IDA catheterization program. Virtually painless and eracy achievement through innovation. We are allowing the patient to go home to resume proud to commend its laudable accomplish- normal activity within an hour, Interfaith Med- ments. HON. GINNY BROWN-WAITE OF FLORIDA ical Center’s Walk-in-Walk-out service involves The Auburn Early Education Center serves IN THE HOUSE OF REPRESENTATIVES inserting the catheter into the radial artery at the needs of all kindergarten students enrolled the wrist for complete cardiac evaluation and in Auburn City Schools. This school, in devel- Thursday, October 20, 2005 even a peripheral angiogram can be done at oping its curriculum, focuses on a child-cen- Ms. GINNY BROWN-WAITE of Florida. Mr. the same time without the use of the femoral tered approach to learning. It is this focus, Speaker, I rise today to recognize the brave artery. along with the integration of reading in all sub- soldiers of Polk County, Florida who served In addition to being a brilliant physician, Dr. ject areas, that led Intel and Scholastic to rec- during World War II. Chokshi is an ardent student of the Bhagawad ognize the Auburn Early Education Center At a ceremony to be held Saturday, October Gita, which inspired him to combine his devo- from among 3,000 excellent competitors as 22, 2005, Congressman ADAM PUTNAM and I tion to the teachings of Lord Krishna with his one of twenty schools worthy of being des- will present representatives from each of the cardiology expertise to help establish The ignated as a ‘‘School of Distinction.’’ five United States Armed Forces with com- Krishna Heart Institute in Ahmedabad, India. Mr. Speaker, because of the Auburn Early memorative coins honoring their service during Since its opening in 2000, The Krishna Heart Education Center’s success in the area lit- World War II. Institute has performed more than 4,000 open eracy achievement, they will receive a grant of As General George Patton once said, ‘‘Wars heart surgeries and 25,000 other life-saving $10,000 and will share in a host of techno- may be fought with weapons, but they are procedures. logical prizes designed to further improve won by men. It is the spirit of the men who fol- Dr. Chokshi is married to Dr. Vandana learning opportunities at the school. It is our low and of the man who leads that gains the Chokshi, a radiologist with a subspecialty in sincere belief that this institution will continue victory.’’ Nuclear Medicine and Chief of both Radiology to serve as a guiding example to primary The Polk County veterans we are honoring and Nuclear Medicine at Interfaith Medical schools across the United States of what is this weekend clearly met General Patton’s de- Center. Drs. Atul and Vandana Chokshi have possible in literacy education when faculty, scription above. They proved themselves in a daughter, Krishna. staff and parents come together with the com- battle in Europe, Africa and the Far East. Mr. Speaker, I believe that it is incumbent mon purpose of providing the best education Their sacrifices on the battlefield preserved lib- on this body to recognize the accomplish- to students. We are honored to recognize the erty and freedom for millions throughout the ments and selfless service of Dr. Chokshi as Auburn Early Education Center before this world. he offers his talents and philanthropic services body and this nation for their devotion and Mr. Speaker, true American heroes like for the betterment of our local and national commitment to quality education. Congratula- these Polk County World War II veterans communities. tions on your well deserved recognition as a should be honored for their service to our Na- Mr. Speaker, Dr. Chokshi has continuously ‘‘School of Distinction.’’ tion and for their commitment and sacrifices in demonstrated a level of altruistic dedication

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.008 E20OCPT1 E2136 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 that makes this kind gentleman and master a constituent from my district who died on Oc- passion and generosity for others by contrib- scientist most worthy of our recognition today. tober 6th when the humvee he was driving uting to programs that benefit so many people f was hit by a roadside bomb. Daniel joined the in our valley. This sense of community and Marines in 2003 and was serving in Iraq by sincere desire to help others is part of what HONORING BUTCH HICKS FOR providing security for convoys. makes Citi a great place to work.’’ Citi Cards YEARS OF PUBLIC SERVICE Daniel was a graduate of West Branch High presented a check to United Way and recog- School where he was active in chorale and nized employees at the United Way Commu- HON. MARK UDALL many of the school’s plays. The community nity Campaign Kick-off event in August. OF COLORADO fondly remembers him as always smiling and I want to thank and congratulate Citigroup IN THE HOUSE OF REPRESENTATIVES as having the ability to brighten everyone’s and employees for their commitment to build- Thursday, October 20, 2005 day. ing strong communities. Mr. UDALL of Colorado. Mr. Speaker, I rise He showed true courage and the ultimate f sacrifice by giving his life in the pursuit for today to acknowledge Westminster City Coun- HEALTH CARE FOR ALL cilman Butch Hicks. Butch’s efforts have great- freedom and security. He is a hero and ly helped Adams County Coloradans and he through his memory, continues to brighten the HON. EDOLPHUS TOWNS deserves recognition for the many contribu- lives of those who had the privilege of knowing him. OF NEW YORK tions he has made to public service. IN THE HOUSE OF REPRESENTATIVES Butch and Julia Hicks have been activist I would like to extend my deepest sympathy Thursday, October 20, 2005 citizens. They exemplify what it means for to his parents and all of his family and friends people to participate in democracy, and al- who are mourning the loss of his life. Mr. TOWNS. Mr. Speaker, over $1.6 trillion though they are active Democrats, it is not I pray for the safe return of all of our serv- is spent on health care annually in the U.S., Butch’s partisan work that causes me to ac- icemen and women and thank them for the which is over 13% of the GDP. According to knowledge him, but rather, his boundless en- sacrifice they make every day defending our the National Coalition on Health Care, U.S. thusiasm for community service. country. health care spending increased to $1.7 trillion I am proud to know Butch and have counted f in 2003 and was projected to reach $1.8 trillion in 2004. Furthermore, our country spent him as a friend and advisor on many issues. HONORING CITIGROUP His official duties as a member of the West- 15.3% of the GDP on health care in 2003 and minster City Council have included many a projected increase of 18.7% is expected projects that we care about, including improv- HON. MICHAEL K. SIMPSON within the next 10 years. ing watersheds, parks and recreational oppor- OF IDAHO Even though the U.S. spends more on tunities in Colorado’s Second Congressional IN THE HOUSE OF REPRESENTATIVES health care than any other industrialized na- District. Thursday, October 20, 2005 tion, and those countries provide universal Butch was appointed to the Westminster health coverage to all of their citizens, approxi- Mr. SIMPSON. Mr. Speaker, I rise today to mately 45 million Americans are uninsured. City Council in 1999 and was elected to serve recognize Citigroup and commend them on a 2-year term. He was then re-elected in No- Nevertheless, the U.S. remains the only indus- their leadership in aiding Hurricane Katrina trialized nation that does not guarantee health vember 2001 to serve a 4-year term. In addi- and Rita relief efforts during the recovery and tion to the City Council, Butch also serves in care for all of its citizens. rebuilding of the affected area. Clearly, universal health care is needed for the Adams County Democrats as treasurer Citigroup and Citigroup Foundation donated and on the Permanent Organization Com- all American citizens and a universal health $2 million to Habitat for Humanity International care plan is certainly in the best economic in- mittee, the Colorado State Democrats and the in support of ‘‘Operation Home Delivery.’’ In State Outreach Committee. Civil rights is a terest of our country. addition to a $1 million immediate donation, When one considers that health care spend- very important issue to Butch and drives him the Citigroup Foundation is matching eligible to monitor civil rights problems in Colorado ing accounted for only 9.7% of the GDP in our Citigroup employee donations dollar for dollar sister nation Canada, it becomes apparent and Westminster. He is a member of the to the American Red Cross up to $3 million, NAACP and the Southern Poverty Law Cen- that we are not best managing our resources for a potential total of $7 million. and serving the interest of our Nation as a ter. Hundreds of Citigroup volunteers are build- Butch’s career in home improvement retail whole. ing and helping to organize the Habitat for Hu- As members of Congress we are entrusted allowed him to travel across the United States manity build in Humanity Plaza where NBC and finally settle in Colorado. Once in West- with the responsibility of protecting and ad- News’ ‘‘Today’’ show hosted the construction vancing the Nation’s health. It is a given that minster, Butch became the department man- of Habitat homes as part of Make a Difference ager for Home Depot and now works for the health care costs are rising for all American Today. In addition, to help the Red Cross in its citizens. Let us not deceive ourselves. We are Regional Transportation District. In his spare nationwide telethon on September 9th, calls time Butch promotes youth awareness and all interconnected as human beings and the were routed to Citigroup call centers in St. health status of one impacts the health status volunteers for battered women shelters. Louis, Dallas and Jacksonville. Over 900 Mr. Speaker, I ask my colleagues to join in of all regardless of one’s ability to pay for Citigroup employees answered more than acknowledging Mr. Butch Hicks for touching health services or not. 8,500 calls and helped to raise over $900,000. the community in far-reaching ways. In a time Disease, especially communicable and in- Citigroup is committed to working with af- when public faith in our political system is fal- fectious, has no boundaries. The current fected customers to alleviate the temporary fi- tering, we should recognize that there are health disparities and unnecessary suffering nancial impact of this disaster. They are imple- people like Butch who have an innate devotion experienced by vulnerable populations such menting business-specific initiatives for cus- to furthering the progress of their communities. as the poor, elderly, uninsured, women and tomers in FEMA designated Individual Assist- I’m proud to offer warm congratulations to children and racial and ethnic minorities is out- ance Areas including deferred and eliminated Butch, to honor his achievements, and wish right immoral. It is a national disgrace and interest and payments, elimination of interest him continued success in all his future en- international embarrassment that America, a and fees on current and delinquent accounts, deavors. He stands out as a symbol of hope, country with astounding wealth and means, suspension of collection calls and negative optimism and generosity in public service. chooses not to provide universal health care credit bureau reporting, implementation of dis- to her citizens while her sister country Canada f aster credit line increases, no foreclosures on does so for her citizens, as does the country TRIBUTE TO LANCE CORPORAL mortgages, and other solutions as appropriate. of Cuba whose wealth is not even comparable DANIEL MCVICKER At the Citi Cards site in Boise, Idaho, where to that of the U.S. and other industrialized na- I recently visited, employees donated more tions. HON. RALPH REGULA than $139,000 to the United Way of Treasure I urge Congress today to fully assume its re- OF OHIO Valley during their 2006 pacesetter campaign sponsibility as the defender of our Nation’s in July. Site President Tod Wingfield said, health, and exercise its political will and sin- IN THE HOUSE OF REPRESENTATIVES ‘‘The strength of an organization comes from cerely work towards the implementation of a Thursday, October 20, 2005 the people within it. The same holds true for universal health care system and guarantee Mr. REGULA. Mr. Speaker, I rise today to the health of a community. We are so proud universal health care as a right for all Amer- pay tribute to Lance Corporal Daniel McVicker, to have employees who demonstrate their ican citizens.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.012 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2137 RECOGNIZING THE ACCOMPLISH- [From the Daily Camera, Oct. 15, 2005. eyes of judges. But it was a strong student MENTS OF THE UNIVERSITY OF CU TEAM CLINCHES SECOND SOLAR WIN squad that made the difference, she said. COLORADO SOLAR DECATHLON (By Todd Neff) ‘‘I always ask them if they are athletes,’’ TEAM she said. ‘‘You have to be a long-distance The University of Colorado repeated as runner. You have to be consistent in your international Solar Decathlon champ on Fri- work and conserve energy. That’s what day, thanks to a combination of stubborn helped this time—strategizing and staying HON. MARK UDALL cloud cover in Washington, DC, and a bold strong all the way through.’’ OF COLORADO decision when the outlook was particularly The team’s efforts got attention in high gray. IN THE HOUSE OF REPRESENTATIVES places. Lyng said Energy Secretary Samuel The CU team’s 800-square-foot, solar-pow- Bodman quipped, ‘‘I could see myself living Thursday, October 20, 2005 ered BioS(h)IP mobile home won over entries here,’’ when walking through the CU home. by teams from 17 universities in the United The Department of Energy is increasing Mr. UDALL of Colorado. Mr. Speaker, I rise States and Puerto Rico, Canada and Spain. support to individual teams from $5,000 this today to recognize the accomplishments of a ‘‘I’m shocked,’’ winning project manager year to $100,000 for the 2007 competition. talented group of students from the University Jeff Lyng, a master’s student in CU’s civil The CU solar home will host tours through of Colorado who designed and built the win- engineering school, said by cell phone. ‘‘The Sunday on the National Mall. Its doors also ning entry at the Department of Energy’s Sec- weather held, and it was really just dumb will be open for tours on the CU campus fol- luck that our strategy worked.’’ lowing a 2,500 mile, biodiesel-fueled trek ond Solar Decathlon. CU’s win is all the more The team made its own luck. The second- notable because it is their second, after also back to the Front Range. Its final destina- ever Solar Decathlon—CU won the first title tion is Prospect New Town in Longmont. winning the first Solar Decathlon competition in 2002—was dogged by clouds. The CU in 2002. I am submitting for the RECORD a re- team’s energy-saving house, capable of sock- f cent article from the Daily Camera describing ing away 36 kilowatt hours a day in the Colo- rado sunshine, could manage only about 5 TRIBUTE TO LANCE CORPORAL the team’s achievement. CARL L. RAINES The Solar Decathlon is a competition orga- kilowatt hours a day on the shadowed Na- tional Mall. nized by the Department of Energy that gives That was less than CU’s and other teams HON. TERRY EVERETT college students an opportunity to dem- needed to boil water, launder towels, refrig- OF ALABAMA onstrate practical uses of solar power. This erate food and fuel the electric car, among October, 18 university teams from around the other things. IN THE HOUSE OF REPRESENTATIVES country and the world competed in the second The competition, sponsored by the U.S. De- Thursday, October 20, 2005 Solar Decathlon to build the most energy-effi- partment of Energy, was fierce. Mr. EVERETT. Mr. Speaker, I rise today to cient, solar-powered house. Each team was ‘‘There are some spectacular houses here,’’ said Michael Brandemuehl, who with archi- pay tribute to an American hero from my con- required to use solar energy to power the en- tecture professor Julee Herdt served as CU gressional district who recently gave his life in tire house, and was judged on how well its faculty advisers in both competitions. ‘‘No defense of freedom. house was able to produce energy for heating, disrespect to the 2002 competitors, but the Lance Corporal Carl L. Raines II, age 20, of cooling, hot water, lighting, appliances, com- architectural quality is head and shoulders Enterprise, Alabama, died October 6 from an puters, and charging an electric car. The above what we had in 2002.’’ improvised explosive device while conducting houses were also critiqued on their overall As of Tuesday morning, CU stood in eighth combat operations against enemy forces near aesthetic design. place. The team decided on a risky strategy: participate in a variety of competitions— Al Qaim, Iraq. As a ‘‘zero energy home,’’ CU’s house com- where small numbers of points can be won He was assigned to Combat Service Sup- bines advanced solar energy systems and en- for doing such things as boiling water and port Detachment 21, 2nd Force Service Sup- ergy efficient appliances and thus produces cooking meals—and run down the house’s port Group, II Marine Expeditionary Force, more energy than it consumes over the course batteries. Cherry Point, North Carolina. As part of Oper- of a year. In addition, as CU’s official Decath- Battery level mattered because the last of ation Iraqi Freedom he was attached to Regi- the Solar Decathlon’s 10 competitions of- lon handout stated, ‘‘The CU home is one that mental Combat Team 2, 2nd Marine Division, you can truly ‘‘sink your teeth into. Materials fered 100 points—of a total of 1,100 possible points—to those who generated as much en- II Marine Expeditionary Force. used in the home’s construction and fur- ergy as they used. Had the sun begun to I am very sorry to hear about the loss of nishings read like a health food menu,’’ includ- shine, more conservative teams could have Lance Corporal Raines and I pass along my ing such natural ‘‘ingredients’’ as soy, corn, refueled and leapt past CU in the standings. condolences to his family, Mr. and Mrs. Carl sunflower, canola, coconut, wheat, citrus oil, CU team ended up with 853 points, followed Raines of Enterprise. and even chocolate. Using these natural mate- by Cornell University’s 826 and California Lance Corporal Raines’ courage and self- rials was one of the team’s five design goals, State Polytechnic University’s 809 points. CU won three categories: documentation, less service will be an inspiration, to all who along with modularity, accessibility, innovation, treasure freedom. May our grateful Nation al- and energy efficiency. communication and ‘‘getting around,’’ which involved team members Scott Horowitz and ways honor the memory of his brave service Colorado’s core team consists of about 20 Isaac Oaks driving the team’s electric car up and sacrifice. engineering and architecture students, among to eight hours a day. They racked up 319 f them Jeff Lyng, Frank Burkholder, Kristin miles in five days at a speed of about 15 Field, Mark Cruz, Drew Bailey, Jacob Uhl, Jon miles per hour. TRIBUTE TO IRENE P. DE LOS Previtali, Bryce Colwell, Jimmy Chambers, ‘‘It was totally grueling,’’ said project SANTOS GONZALEZ James Dixon, Ryan Drumm, Kathy Clegg, manager Lyng. CU’s documentation effort was bolstered Geoffrey Berlin, Koki Hashimoto, Isaac Oaks, by three-dimensional computer renderings HON. SOLOMON P. ORTIZ Greg Shoukas, Adam Courtney, Seth Kassels, showing the operation of the CU house’s re- OF TEXAS Abby Watrous, Tim Guiterman, and Scott movable roof, done by undergraduate archi- IN THE HOUSE OF REPRESENTATIVES Horowitz. Many more students contributed in tecture student Mark Cruz. other ways. The students were assisted by The home is bio-friendly to its core, built Thursday, October 20, 2005 faculty advisers Julee Herdt, Mike with a raft of natural materials including ev- Mr. ORTIZ. Mr. Speaker, I rise today to pay Brandemuehl, and Rick Sommerfeld. erything from corn to coconut. Its defining tribute to a true American patriot: Irene De Los innovation were Bio-SIPs, for which CU has CU’s team had a challenge—to take ad- applied for a patent. These structurally insu- Santos from Brownsville, Texas. On October vanced architectural and engineering con- lated panels are made of soybean-oil-based 22, 2005, Ms. De Los Santos will be 99 years cepts, put them together in a design, and build polyurethane, sandwiched between hard young. She has seen the greater part of the a house that could be a model of our energy sheets of recycled paper. 20th century and has been at the forefront of future. These students met that challenge— Frank Burkholder, one of 20 core team numerous historical events while serving as an and met it better than any of the other teams. members and among the dozen who made the outstanding example for her community. I’m proud of these students and I’m proud that trip to the nation’s capital, said the Bio-SIPs Since she had a profound understanding of the University of Colorado produced such a held heat so well that the house lost just what the early 20th Century was like, before four degrees overnight. talented team. Most of all, I am proud to rep- ‘‘It saved us a lot of energy,’’ he said. women were finally given citizenship in this resent these young people who are working Team faculty adviser Herdt said the great Nation, and allowed to vote. As. De Los so hard to make our way of life a sustainable home’s strong ‘‘branding’’ as a bastion of Santos cherishes this precious right and never one. bio-based materials probably helped in the lets an election pass her by.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.017 E20OCPT1 E2138 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 She has voted in every Brownsville election Instead of shielding companies from litiga- and kindness. Perhaps the commanding offi- since 1929 and remembers her $1.75 poll tax tion, we should be giving people the informa- cer of the Navy’s SEAL Recruiting program vividly. What is most amazing and admirable tion they need to make the informed choices who mentored Lt. Murphy and prepared him is the fact that Ms. De Los Santos is still an that exercise that personal responsibility. for SEAL training best summed up this young active member of the community and encour- Today, Americans are eating out more fre- hero’s essence when he said: ages everyone to participate fully in our de- quently, spending about half of their food dol- He achieved something most of us don’t mocracy by both voting and working at the lars at restaurants—a figure that has doubled have the courage to attempt . . . He was a polls. Her daughter remembers riding along in since 1970. And everyone knows how much very focused young man with a terrific atti- the back of the car as they went from house harder it is to eat healthily when they eat out. tude, quiet intensity and determination. to house encouraging members of the com- Little wonder children eat almost twice as After learning of his tragic loss, Lt. Murphy’s munity to vote when she was only 8 years old. many calories when they eat at a restaurant father reflected on what the memory of his son Ms. De Los Santos is a powerhouse of poli- as they do when they eat at home—studies left behind: tics in the South Texas community, and her have shown that even trained nutritionists can- We were just honored to have him as a son support for various candidates is sought and not estimate the calorie and fat content in a for 29 years. He’s our herd, and I think he is cherished. I am so proud that she has been meal they do not prepare themselves. everybody else’s hero . . . He squeezed more one of my strongest supporters throughout my We need to be creative. For instance, I will life in 29 years than I will ever see.’’ 23 years in Congress. be reintroducing legislation shortly, The Meal This past summer, my district lost a beloved Irene has lived a long and rewarding life, Education and Labeling Act, that would extend friend and our nation lost one of its bravest and watched our most important national the kind of nutrition labeling you find on pack- sons to the War on Terror. events unfold: the passage of the 19th aged foods at the store to include foods at fast Mr. Speaker, on behalf of all Americans, I Amendment, the rise and fall of dictators food and other chain restaurants. It would re- thank the House for honoring St. Murphy’s around the world, the passage of the Civil quire these chain restaurants to list calories, service, valor and ultimate sacrifice for this Rights Act, and countless other memorable saturated plus trans fat and sodium on printed Nation by renaming the post office located at events in our Nation’s history. Through it all, menus and calories on menu boards, giving 170 East Main Street in Patchogue, New York Ms. De Los Santos says she has enjoyed her consumers the necessary nutritional informa- as the ‘‘Lieutenant Michael P. Murphy Post Of- life and would not change anything. tion to make healthy choices for themselves. fice.’’ Her extended family includes three sons That is the kind of balanced, innovative ap- f and two daughters, 16 grandchildren, 29 proach this body should be considering today HOT JAZZ SATURDAY NIGHT great-grandchildren, 11 great-great grand- to address obesity—that would be a real step children, and 10 great-great-great grand- toward helping encourage personal responsi- children. Everyone, that totals to 71 potential bility in food consumption while protecting in- HON. JAMES P. MORAN votes, and we all know that elections have dustry and our Mom n’ Pop restaurants. In- OF VIRGINIA been won or lost by fewer votes. Even now, stead, as we have seen countless times be- IN THE HOUSE OF REPRESENTATIVES Ms. De Los Santos encourages her entire fore, this majority has again chosen to use a Thursday, October 20, 2005 family to vote and continues to look on as her very important public health issue to pursue a fellow voters come in and out of the polls. narrow and completely unrelated political Mr. MORAN of Virginia. Mr. Speaker, over Today I ask my colleagues to join me in rec- agenda. 25 years, jazz enthusiasts in the Washington ognizing this extraordinary woman for her con- Madam Chairman, we should do something region have tuned to one program for their tributions to her community and our Nation, about obesity in this country by empowering weekly jazz entertainment. Musicians such as and for her active participation our Nation’s people to make informed decisions for them- Duke Ellington, Ina Ray Hutton, and the Bos- history. May the next century be as wonderful selves. But this bill is not the way to go about well Sisters fill the radio waves every Saturday for her as the past 99 years. it. evening thanks to Rob Bamberger, creator, f producer, and host of Hot Jazz Saturday f Night. PERSONAL RESPONSIBILITY IN HONORING LIEUTENANT MICHAEL Rob Bamberger began as a volunteer for FOOD CONSUMPTION ACT OF 2005 P. MURPHY WAMU in 1978, where he presented the first SPEECH OF of several features on jazz performers during HON. ROSA L. DeLAURO HON. TIMOTHY H. BISHOP the news show, Morning Line. Two years later, OF NEW YORK in 1980, he created his own show, Hot Jazz OF CONNECTICUT Saturday Night, which he has hosted ever IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES since. Rob’s passion and dedication goes on Wednesday, October 19, 2005 Thursday, October 20, 2005 display every Saturday night for three hours The House in Committee of the Whole Mr. BISHOP of New York. Mr. Speaker, it is as he shares his love for jazz, swing, and big House on the State of the Union had under an honor to rise with the New York Congres- band music with WAMU listeners. consideration the bill (H.R. 554) to prevent sional Delegation to recognize an American Rob’s interest in vintage jazz and swing legislative and regulatory functions from hero. Today I am introducing legislation to came at an early age. While at an elementary being usurped by civil liability actions name a post office in my district—in school book fair in 1963, he purchased, for a brought or continued against food manufac- dime, a two-record set featuring broadcast turers, marketers, distributors, advertisers, Patchogue, New York—in honor of Lieutenant sellers, an trade associations for claims of Michael P. Murphy. performances by the Tommy Dorsey Orches- injury relating to a person’s weight gain, Lieutenant Murphy, U.S. Navy, was killed in tra. This seminal moment in young Rob’s life obesity, or any health condition associated Afghanistan when he and three other SEALs sparked a consuming and scholarly fascination with weight gain or obesity, with Mrs. MIL- were ambushed by Taliban insurgents. Many with American music from the ’20s, ’30s, and LER of Michigan in the chair. of you may recall the reports during the week ’40s and became the cornerstone of a record Ms. DELAURO. Madam Chairman, encour- of June 27 about the heroic rescue attempt of collection which fills the basement of his Ar- aging personal responsibility is something we Lt. Murphy’s unit, when an Army MH–47 Chi- lington, Virginia home. all support in this institution—particularly with nook helicopter was shot down by a rifle-pro- By day, Rob Bamberger serves Congress respect to rising rates of obesity. With two- pelled grenade in the Kunar province with 16 as a senior policy analyst with the Congres- thirds of premature deaths in the U.S. due to special operations troops aboard. sional Research Service. While Rob takes poor nutrition, physical inactivity and tobacco Lt. Murphy was only 29 years old when he great pride in his work with CRS, his true love use, Americans do need to be more mindful of died. Already having achieved his dreams of becomes evident to listeners both locally and what they put in their bodies. attending Penn State University and becoming abroad through broadcasts on WAMU, NPR, But with only 12 percent of Americans eat- a Navy SEAL, he had deferred another dream and the Armed Forces Network. ing a healthy diet and diabetes rates having of attending law school until his tour had Over the years, Rob’s passion for music has risen 61 percent in the last decade alone, it is ended. He was also engaged to be married led him to give talks before audiences at the becoming increasingly clear that Congress is upon his return in November. Library of Congress, the Smithsonian, and the abdicating a responsibility of its own—we are Lt. Murphy was universally admired and Cosmos, Maryland and University Clubs. failing to fashion policies that support Ameri- loved. His parents, teachers, and commanding When discussing topics ranging from, the his- cans’ efforts to adopt healthier lifestyles. officers all praise his intelligence, dedication tory of repertory jazz, to the meeting of jazz

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.021 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2139 and third stream of Hoagy Carmichael and Bix Mr. Speaker, it is my honor to recognize TRIBUTE TO DR. JULIUS PERR Beiderbecke, he clearly demonstrates not only Handley-Meadowbrook Lions Club on its 60th his mastery of jazz history, but also his deep Anniversary and to offer appreciation for the HON. MIKE PENCE passion for this uniquely American art form. excellent work it has rendered to Fort Worth, OF INDIANA I would like to thank Rob for his efforts to Texas, the United States and around the IN THE HOUSE OF REPRESENTATIVES keep jazz alive in the hearts of enthusiasts globe. and casual listeners alike who find too few op- Thursday, October 20, 2005 tions today when they turn on the radio. As f Mr. PENCE. Mr. Speaker, the State of Indi- Rob states, and I quote, ‘‘There are virtually ana lost a giant of the engineering community no places left on radio where someone like MOURNING LOSS OF LIFE CAUSED last month. On Sunday, September 25, Dr. Ju- me is given three hours weekly to program BY EARTHQUAKE THAT OC- lius Perr passed away in his home country of music free of focus-group driven playlists and CURRED ON OCTOBER 8, 2005, IN Hungary where he revolted against a Soviet- to present it as I hope works best for listeners PAKISTAN AND INDIA led communist regime before coming to the and artists who might otherwise be totally for- United States as a refugee of the 1956 Hun- gotten.’’ garian Revolution. SPEECH OF Mr. Speaker, I wish to take this opportunity Julius Perr and his wife Elizabeth, made Co- to congratulate Rob for spending these past HON. ADAM B. SCHIFF lumbus, Indiana their home and found peace 25 years sharing his passion with us through from the unrest in Eastern Europe. It was also the radio. Hot Jazz Saturday Night is the high- OF CALIFORNIA in Columbus where Julius began a 41-year ca- light of the week for many local and inter- IN THE HOUSE OF REPRESENTATIVES reer as a mechanical engineer for Cummins national jazz aficionados. With a large and Engine Company. In this time, he distin- loyal listener ship, I am confident that we will Tuesday, October 18, 2005 guished himself by submitting more than 300 continue to hear Hot Jazz Saturday Night for patents on engine technology improvements, many years to come. Mr. SCHIFF. Madam Speaker, I regret that 80 of which are still in use today. f I was not able to be here to vote on this im- Cummins recognized Julius’s extraordinary portant measure. Sadly, I was attending the accomplishments by establishing an award in THE 60TH ANNIVERSARY OF THE funeral of one of my constituents, a young Ma- his honor. Each year, Cummins presents the HANDLEY-MEADOWBROOK LIONS rine named Sergio Escobar, who died October Dr. Julius P. Perr Innovation Award to ac- CLUB 7 while serving our Nation in Iraq. But I want knowledge innovative contributions of to take this opportunity to join my colleagues Cummins personnel. HON. KAY GRANGER in expressing my condolences to all of those Mr. Speaker, on behalf of the State of Indi- OF TEXAS who have been affected by the massive earth- ana, I extend heartfelt sympathies to the fam- IN THE HOUSE OF REPRESENTATIVES quake that struck Southeast Asia on October ily of Dr. Julius Perr, specifically his wife Eliza- Thursday, October 20, 2005 8, 2005. beth; his sons Andrew and Victor Perr; his The effects of this 7.6 magnitude earth- daughters Maria Garrison, Elisabeth Perr- Ms. GRANGER. Mr. Speaker, I rise today to McColm and Karolina Perr; and his eight be- recognize an outstanding civic organization in quake have been devastating. At least 38,000 lives have been lost, with the death toll con- loved grandchildren. Fort Worth, Texas on its 60th anniversary, the Julius Perr was commended by the U.S. Handley-Meadowbrook Lions Club. tinuing to rise. Nearly 3 million people have been left homeless and are living in tents or Patent Office for setting an example for future The Handley-Meadowbrook Lions Club was generations of inventors. But it is his love of on open ground in freezing temperatures. In chartered on November 8, 1945 by Marlow C. culture and allegiance to his community that some areas, entire villages have been buried Fisher. The club had 44 charter members. will be most missed by those who know him in rubble. The Pakistani government estimates Since its founding, the Handley-Meadowbrook the best. The State of Indiana was fortunate to $5 billion in damages to its infrastructure. Lions Club has been associated with Lions call him one of its own. Clubs International, the world’s largest service The areas worst hit by the earthquake, Paki- f organization. stan-administered Kashmir and the NorthWest Over the last 60 years, the Handley- Frontier province, are in remote, mountainous WHATEVER IT TAKES TO REBUILD Meadowbrook Lions Club has been a vital part regions. According to the U.N. Office for the ACT, PART II of the Fort Worth and Tarrant County commu- Coordination of Humanitarian Affairs, the ter- nity. Club members have been involved con- rain presents a logistical challenge unprece- HON. CAROLYN B. MALONEY tinually in humanitarian efforts and public serv- dented for any humanitarian operation. There OF NEW YORK ice projects that not only have improved the is an urgent need for additional helicopters to IN THE HOUSE OF REPRESENTATIVES community but also the lives of an untold deliver supplies and evacuate victims. Mean- number of people. Thursday, October 20, 2005 while, thousands of people are awaiting res- The work of the Handley-Meadowbrook cue, food, and medical attention. Mrs. MALONEY. Mr. Speaker, today Rep- Lions Club has resulted in direct financial con- resentatives CHARLIE MELANCON, WILLIAM JEF- tributions to such outstanding programs as the The United States has rushed food and FERSON and I are introducing the Whatever It Texas Lions Camp for Handicapped and Dia- medical supplies to the region, and has com- Takes to Rebuild Act, Part II. betic Children, the Texas Lions Foundation mitted $50 million in initial aid for the relief and On September 15, 2005, President Bush and the Lions Club International Foundations. reconstruction effort. Nations around the globe addressed the nation from Jackson Square in These foundations provide humanitarian and have sent rescue workers, search and rescue New Orleans, LA and offered the following disaster aid in Texas and worldwide. In addi- dogs, tents, and equipment. Private aid orga- pledge on behalf of the American people: tion the club’s work supports the Texas Eye- nizations are also dispatching volunteers and Tonight I also offer this pledge of the glass Recycling Center, the Leader Dog for assistance. Together, I know that we can American people: Throughout the area hit by the Blind and the Lions World Services for the make a difference and help people rebuild the hurricane, we will do what it takes, we Blind programs that provide blind persons with their lives. will stay as long as it takes, to help citizens a guide dog, the Lions Organ and Eye Bank, rebuild their communities and their lives.— Tragedies such as this earthquake and last the Lions Drug Awareness Council and the Ju- President Bush, September 15, 2005, New Or- year’s horrific tsunami remind us that we must lian C. Hyder Youth Camp for youth. leans, LA. help one another—both before tragedies strike Members of the Handley-Meadowbrook Just three weeks later, on October 7, 2005, and also once rebuilding has begun. Nations Lions Clubs today continue to be committed to Congress and the President broke this pledge involvement in the community through a wide were very generous in offering help for victims by adding a clause to Public Law 109–88, the array of activities that make Fort Worth and of Hurricane Katrina and I pledge to work with Community Disaster Loan Act of 2005, that re- Tarrant County a great place to live and work. thy colleagues in Congress to ensure that our quires Gulf Coast Communities who receive Fort Worth and Tarrant County have been friends in India and Pakistan have what they assistance from the federal government for fortunate to have the Handley-Meadowbrook need to recover from this tragic event. lost tax revenues (to assist in the payment for Lions Clubs in its midst for the last six dec- My thoughts and prayers go out to all of the police officers, firefighters, school teachers ades. victims and their families. and other essential services) to pay back the

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.024 E20OCPT1 E2140 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 aid with interest. Never before has Congress worked tirelessly at the Children Defense Congress and the American people remain or the President required the repayment of this Fund on the first major expansion of the unequivocally committed in their support for aid. That is why we are introducing the ‘‘What- Earned Income Credit and the original enact- the people of Taiwan. ever It Takes to Rebuild Act, Part II.’’ ment of Child Care and Development Block The Taiwanese should be praised for their The ‘‘Whatever It Takes to Rebuild Act, Part Grant—programs that have made an enor- continued commitment to freedom, human II’’ would repeal the provision in Public Law mous difference for America’s poorest fami- rights and democracy. 109–88 that requires Gulf Coast Communities lies. Her work with the Child Welfare League Through the tireless efforts of President to repay the assistance they receive under the of America as Director of Public Policy also Lee, Taiwan will continue to shine as a bea- Community Disaster Loan Program. This legis- proved vital for the well-being of America’s con of democracy and freedom. lation would permanently repeal the $5 million children and families. And her 8 years with the Again, we welcome President Lee to Wash- cap on these loans, would make states eligible Clinton Administration allowed Mary to play a ington, DC during this historic visit. for this assistance, repeal the cap that limits central and critical role in the many federal f loans to 25 percent of a municipalities oper- policies that affect children. INTRODUCING THE IMPROVE ating expenses, and would provide this assist- So I commend Mary for her impressive ca- INTEROPERABLE COMMUNICA- ance as grants when a disaster has been de- reer and thank her both for the assistance she TIONS FOR FIRST RESPONDERS clared an ‘‘Incident of National Significance’’ has provided to me over the years and on be- ACT under the National Response plan (Hurricanes half of the millions of children who have bene- Katrina and Rita were both declared ‘‘Incidents fited from her intelligence and passion. of National Significance’’). f HON. RON PAUL This legislation is similar to H.R. 1795, the OF TEXAS ‘‘Whatever it Takes to Rebuild Act’’, which TRIBUTE TO SERGEANT LARRY W. IN THE HOUSE OF REPRESENTATIVES PANKEY would provide federal assistance for lost tax Thursday, October 20, 2005 revenues to New York following the terrorist Mr. PAUL. Mr. Speaker, I rise to introduce attacks of 9/11. Following 9/11, President HON. THOMAS G. TANCREDO the Improve Interoperable Communications for Bush also promised New York and the country OF COLORADO First Responders Act of 2005. This act pro- that we will do whatever it takes to rebuild. IN THE HOUSE OF REPRESENTATIVES vides Federal assistance to local first respond- I urge all of my colleagues to support this Thursday, October 20, 2005 ers for developing an interoperable means of important legislation to provide real relief to communications. Ensuring first responders at Mr. TANCREDO. Mr. Speaker, I rise today the Gulf Coast and let’s do what it takes to re- the local, state, and Federal level have the to pay tribute to Sergeant Larry W. Pankey of build. ability to effectively communicate with each Morrison, Colorado. Sergeant Pankey died other should be one of the Federal Govern- f October 3 at Walter Reed Army Medical cen- ment’s top priorities. The ability of first re- ter here in the Washington, D.C. area, in sup- TRIBUTE TO MARY BOURDETTE sponders to effectively communicate with each port of Operation Iraqi Freedom. other, and with their counterparts at different Sergeant Pankey was assigned to the 467th levels of governments, is key to their ability to HON. GEORGE MILLER U.S. Anny Reserve Engineer Battalion, Green- OF CALIFORNIA save lives in the crucial time immediately after wood, Mississippi. He is survived by his wife a natural disaster or a terrorist attack. IN THE HOUSE OF REPRESENTATIVES and daughter in Morrison, Colorado, and his My bill helps first responders by establishing Thursday, October 20, 2005 mother in Louisiana. a Director of Interoperability and Compatibility Mr. Speaker, we owe Sergeant Pankey a Mr. GEORGE MILLER of California. Mr. to help develop a national strategy and archi- great debt of gratitude for his service to Amer- tecture for an interoperable system, as well as Speaker, earlier this month, Mary Bourdette, a ica. My heartfelt sympathy goes out to friends great champion for America’s children and to bring together Federal, State, local, and and family of Sergeant Pankey. tribal officials to work on a coordinated effort families took a leave from her job advocating He will be missed by all who knew and for parents, and it is important that we take to develop and coordinate efforts to implement loved him. an interoperable communications system. The the time to mark her extraordinary career. In f bill also provides a grant program so state and her 30 year career, Mary has been an ever- local governments can receive Federal assist- present voice and an unyielding force, remind- FORMER TAIWANESE PRESIDENT ance for planning and designing an interoper- ing everyone around her that we must do LEE’S VISIT TO D.C. able system, as well as in training first re- much more for children—especially for the sponders how to use the system. most disadvantaged children in our country. HON. SHERROD BROWN Rather than simply further burdening tax- I first met Mary back in California when she OF OHIO payers, or increasing the already skyrocketing was working on improving education in the IN THE HOUSE OF REPRESENTATIVES national debt, my legislation is financed state. My wife Cynthia and I have long valued Thursday, October 20, 2005 through cuts in corporate welfare and foreign Mary for her friendship as well as for her pas- aid programs, which subsidize large corpora- sion for her work. Mary and I worked closely Mr. BROWN of Ohio. Mr. Speaker, I would tions and even American businesses’ over- together when I chaired the Select Committee join all Americans in welcoming President Lee, seas competitors such as the Export-Import on Children, Youth and Families in the 1980’s. during his historic visit to our Nation’s capital Bank use of taxpayer money to underwrite She is a skilled lobbyist and negotiator and from Taiwan. trade with countries such as Communist her vision and persistence were critical to my I am pleased to know he will have the op- China. It is time for the Federal Government to efforts on child welfare policy in addition to nu- portunity to meet with Members of Congress. begin prioritizing spending by cutting unneces- merous other issues. Taiwan is a beacon of democracy and free- sary programs that benefit powerful special in- One of the reasons Mary is so effective in dom in the Pacific. terests in order to met our constitutional re- fighting for children is that she is an idealistic It is my hope Taiwan will continue to shine sponsibilities to ensure America’s first re- pragmatist. She would always fight to the end despite the continued threats across the Strait sponders can effectively respond to terrorists’ for what she knew was right. But she was just from China. attacks. as committed to getting the different sides to- I hope in the near future all restrictions on Mr. Speaker, reducing spending on cor- gether and fostering communication—particu- high-level visits from Taiwan would be lifted, porate welfare and foreign aid to strengthen larly when the situation was at its most polar- so that Members of Congress will be able to first responders’ interoperable capability is a ized. welcome the current president of Taiwan to win-win for the American people. I hope my Mary advocated for children and families in DC as well. colleagues will help strengthen America’s first many capacities here in Washington, DC over It is important these visits take place so that responders’ ability to help the American peo- the past 30 years. She first fought for the a balanced understanding of both sides of the ple in times of terrorists attacks and natural Legal Services Corp. to help ensure that our Taiwan Strait will be directly available to Con- disasters by cosponsoring the Improve Inter- poorest citizens have access to the legal sys- gress, the Administration, and the American operable Communications for First Respond- tem that our Constitution promises. She later public. ers Act.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.028 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2141 TRIBUTE TO DR. EDMOND YUNIS H.R. 4093, THE ‘‘FEDERAL JUDGE- Briefly, H.R. 4093 creates a new Ninth that SHIP AND ADMINISTRATIVE EF- will feature California, Guam, Hawaii, and the FICIENCY ACT OF 2005’’ Northern Mariana Islands. The new Twelfth HON. JIM DAVIS will consist of the States of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Wash- OF FLORIDA HON. F. JAMES SENSENBRENNER, JR. OF WISCONSIN ington. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Importantly in this regard, H.R. 4093 authorizes the President to appoint five new judges Thursday, October 20, 2005 Thursday, October 20, 2005 to permanent Ninth Circuit seats along with Mr. DAVIS of Florida. Mr. Speaker, I rise Mr. SENSENBRENNER. Mr. Speaker, today two other judges who will fill temporary seats. today to recognize and to pay tribute to Dr. I am Introducing the ‘‘Federal Judgeship and My bill provides that the official duty station for Administrative Efficiency Act of 2005.’’ I urge Edmond Yunis, a professor of pathology at these newly authorized judges will be in Cali- the House to pass the legislation expedi- Harvard Medical School, who was recently fornia. tiously. These additions are consistent with requests named the 2005 National Hispanic Scientist of The purpose of this bill is to provide the made by the Judicial Conference and will en- the Year by the Museum of Science and In- President with the necessary authority to ap- sure that future caseload demands on the new dustry, MOSI, in Tampa, FL. point needed circuit and district court judges Ninth will more closely mirror its judgeship re- Dr. Yunis is well-deserving of this pres- and to increase the number of authorized sources. California is not being singled out or tigious national award as he has made signifi- bankruptcy judgeships. punished by this legislation. Quite the con- cant contributions in scientific and medical re- A further purpose is to make changes in the trary, the district and circuit courts that affect search. This research includes the genetic structure of the court of appeals system, which the rights of the citizens of California are being mapping of human major histocompatibility are required to modernize, streamline, and im- provided with their proportionate share of re- complex, MHC, genes and their role in improve the administration of justice for nearly sources and being liberated to become more mune responses, aging, and autoimmune dis- one in five Americans. productive. eases. Dr. Yunis’ laboratory work identifying Mr. Speaker, the last comprehensive judge- Mr. Speaker, bigger does not always mean genes also has been especially important for ship bill that was passed by Congress was en- better. The constant expansion of the size of matching donors and recipients for organ and acted in 1990. Since that time, the volume of a court without also adopting commensurate stem cell transplants. cases handled by the judiciary has increased reforms will, most assuredly, not result in im- substantially. proving the performance of the judiciary. Dr. Yunis was born in Sincelejo, Colombia, The Federal Judgeship and Administrative The allocation of judicial resources must be and he received his M.D. from the Universidad Efficiency Act authorizes the creation of 68 made with an eye toward achieving structural Nacional de Colombia in 1954. Dr. Yunis renew judgeships—12 at the circuit court level coherence within each circuit. ceived his postdoctoral training in pathology at and 56 at the district courts. In addition, the H.R. 4093 accomplishes that purpose and I the University of Kansas, the University of bill contains authority to create 24 new perma- urge its adoption. Minnesota, and the Children’s Hospital in Bos- nent or temporary bankruptcy judgeships. f ton. He joined Harvard Medical School in 1976 These new judgeships will benefit districts as Professor of Pathology, and he became across America. When confirmed, these new IN SPECIAL RECOGNITION OF Chief of the Division of Immunogenetics of the judges will be in a position to help address a SHAWN BARRINGTON SILVERA Dana Farber Cancer Institute that same year. growing backlog of cases that threatens to Along with being a professor of pathology at clog our courts and imposes substantial HON. MARK R. KENNEDY Harvard, Dr. Yunis currently is a member of human and economic costs on our citizens. OF MINNESOTA the Department of Cancer, Immunology and A judiciary that fails in its basic obligation to IN THE HOUSE OF REPRESENTATIVES dispense justice in a timely, fair, and dis- AIDS at Dana Faber. Dr. Yunis has received Thursday, October 20, 2005 numerous medical awards throughout his ca- passionate manner compromises its own reer for this outstanding work, and he and his credibility. A court that is too far removed from Mr. KENNEDY of Minnesota. Mr. Speaker, I wife, Borghild, have four children. those whose disputes it is responsible for ad- rise today to honor the bravery and service of judicating impose severe costs on those who Officer Shawn Barrington Silver of the Lino The National Hispanic Scientist of the Year must appear before it. The bill before us Lakes Police Department. award was established 5 years ago to recog- speaks to these concerns by providing for the Officer Silvera was killed in the line of duty nize an outstanding national Hispanic scientist realignment of the Ninth Circuit Court of Ap- on September 6th, 2005, when he was struck who promotes a greater public understanding peals and the establishment of a new Twelfth by a stolen car driven by a convicted felon at- of science and who also encourages in- Circuit Court of Appeals. tempting to evade arrest. creased interest in science education by His- The Ninth has become so big—in geo- Officer Silvera was a Minnesota family man panic youth. graphic size, in workload, in number of active in the truest sense of the words. He married I’m also pleased to know the proceeds from and senior judges—that it can no longer ap- his high school sweetheart, Jennifer, to whom MOSI’s National Hispanic Scientist of the Year propriately discharge its civic functions on be- he sent flowers every month to mark their an- Award Gala on October 22, 2005, go toward half of the American people. niversary, even after five years of marriage. scholarships for Hispanic boys and girls to Consider: The Ninth has 47 judges, a figure Together, Shawn and Jennifer had two chil- participate in MOSI’s Youth Enriched by that approaches twice the number of total dren, eighteen-month-old Jordan and five- Science program, known as the ‘‘YES! Team.’’ judges of the next largest circuit. The Ninth month old Madelynn. Established in 1991, the YES! Team program represents 56 million people, or roughly one- Mr. Speaker, Officer Silvera loved giving is designed to help at-risk youth develop self fifth of our Nation’s population. This is 25 mil- back to his community and to society as a esteem and to encourage them to study lion more people than the second largest cir- whole. science and consider science-related careers. cuit. The Ninth encompasses nearly 40 per- He joined the Lino Lakes Police Department cent of the geographic area of the United in 1997, but took a leave of absence to work In conjunction with the weekend gala cele- States. for two years with the Peace Corps in Hon- bration, MOSI also is hosting a ‘‘Meet the His- The Ninth Circuit also has the most number duras, where he helped build a community li- panic Scientist Day’’ where approximately of appeals filed and the highest percentage in- brary. 1,000 Hispanic students from the Tampa Bay crease in appeals filed over the past 4 years. Outside of police work, Officer Silvera area will get a chance to hear a presentation It is the circuit-wide leader in the number of worked with the Explorers program, to get by this year’s award winner and to get access appeals still pending and ranks a close sec- teenagers interested in careers in law enforce- to MOSI’s hands-on science exhibits. Again, I ond in the longest median time until disposi- ment. He also served in the D.A.R.E. drug want to congratulate Dr. Yunis for receiving tion. awareness program, and worked as a coun- the 2005 National Hispanic Scientist of the Given these and other problems created by selor at the local Safety Camp. Year award. He serves as an outstanding role the mammoth breadth and size of the Ninth, I Even after all this volunteer work, Officer model for students in the Tampa Bay area and believe the responsible action is to modernize Silvera would often join the kids he worked his visit will help motivate them to stay in and streamline the structure of the Courts of with for lunch or a game of football or basket- school and to realize their dreams. Appeals. ball.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.033 E20OCPT1 E2142 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 Mr. Speaker, Officer Silvra knew the dan- SAN BERNARDINO COUNTY FIRE HONORING CHIEF WARRANT gers of his profession, but he also knew of its MARSHALL PETER BRIERTY IS A OFFICER PAUL PILLEN importance. He genuinely loved helping peo- TRUE NATIONAL FORESTRY ple, and he touched countless lives before his HERO HON. STEPHANIE HERSETH tragic death. OF SOUTH DAKOTA Officer Silvera was a true American hero, HON. JERRY LEWIS IN THE HOUSE OF REPRESENTATIVES and I extend my deepest sympathies to his OF CALIFORNIA Thursday, October 20, 2005 family for their loss. IN THE HOUSE OF REPRESENTATIVES Ms. HERSETH. Mr. Speaker, I am sad- Thursday, October 20, 2005 dened to report the passing of Chief Warrant f Mr. LEWIS of California. Mr. Speaker, it is Officer Paul Pillen. He was killed while serving in Operation Iraqi Freedom. RECOGNIZING THE ACCOMPLISH- my pleasure today to honor San Bernardino County Fire Marshall Peter Brierty, who has The lives of countless people were enor- MENT OF THE AASU TENNIS mously enhanced by Paul’s goodwill and serv- TEAM been recognized this month as a National For- estry Hero. I know from personal experience ice. He inspired all those who knew him. Our that this award is justly deserved, for Peter Nation is a far better place because of his life. HON. JACK KINGSTON Brierty is widely regarded among my constitu- All Americans owe Paul, and the other sol- ents as one of the heroes who saved thou- diers who have made the ultimate sacrifice in OF GEORGIA sands of people and their homes from the ter- defense of freedom, a tremendous debt of gratitude for their service. IN THE HOUSE OF REPRESENTATIVES rible fires of 2003 in the San Bernardino Mountains. Every member of the House of Representa- Thursday, October 20, 2005 Many of my colleagues have heard me tives has taken a solemn oath to defend the speak on the urgent need to get rid of millions Constitution against all enemies, foreign and Mr. KINGSTON. Mr. Speaker, I come forth of trees killed by a drought and insect attacks domestic. While we certainly understand the today with the honor of recognizing Georgia’s in and around the San Bernardino National gravity of the issues facing this legislative Armstrong Atlantic State University women’s Forest in my district. The fire danger from body, Chief Warrant Officer Paul Pillen lived NCAA National Champion tennis team. The these trees jeopardizes the lives and homes of that commitment to our country. Today, we re- Armstrong Atlantic women’s tennis team did tens of thousands of people and homes that member and honor his noble service to the an outstanding job capturing the school’s third make this one of the most urbanized forests in United States and the ultimate sacrifice he has NCAA Division II National Championship in the Nation. paid with his life to defend our freedoms and 2005, defeating BYU—Hawaii by a score of 5– One of the first people to understand the foster liberty for others. 3 to win the title. potential danger from this situation was Peter Mr. Speaker, I express my sympathies to the family and friends of Chief Warrant Officer The No. 2-ranked Lady Pirates ended Brierty. More importantly, Peter Brierty real- Paul Pillen. I believe the best way to honor BYU—Hawaii’s NCAA record of 130-match ized the need to act quickly and bring the him is to emulate his commitment to our coun- winning streak with the victory and finished a whole community together to reduce the dan- try. I know he will always be missed, but his hard undefeated season of their own at 30–0. ger and be ready to evacuate if fires struck. For most of the past three years, Fire Marshall service to our Nation will never be forgotten. One of only 10 teams across every sport Brierty has worked tirelessly, pushing his staff f and division of the NCAA put together an and other public officials to develop these undefeated campaign. RECOGNIZING THOMAS plans. He has become a well-known figure at SCHELLING’S NOBEL PRIZE AASU, who’s other National Championships countless meetings with residents, convincing came in 1995 and 1996, accomplished the them of the need to cooperate to save lives HON. STENY H. HOYER feat with unprecedented team depth as all six and property. OF MARYLAND starters on the squad earned All-America hon- Under Fire Marshall Brierty’s direction, San IN THE HOUSE OF REPRESENTATIVES ors from the Intercollegiate Tennis Association Bernardino County launched an ambitious ef- (ITA). fort to eliminate dead and dying trees on pri- Thursday, October 20, 2005 Junior Luisa Cowper (Sutton Coldfield, Eng- vate and public lands outside of the national Mr. HOYER. Mr. Speaker, I often talk with land) finished the year as the No. 3-ranked forest. The operation he created has been great pride about the University of Maryland, singles player in the Nation and was named highly praised by the Natural Resources Con- both as an outstanding academic institution the Peach Belt Conference’s Player of the servation Service, which has funded the effort, and as my alma mater. Today is no different. Year. as extremely cost-efficient and effective. While this latest achievement revolves around But the danger was too great in 2003, and the concept of games, it is not Gary Williams Sophomore Dziyana Nazaruk (Minsk, the ‘‘Old Fire’’ struck before we could even or Ralph Friedgen who are bringing home the Belarus) was the No. 8-ranked singles player begin to cut enough trees to stop it. Nearly hardware. Instead, it’s Thomas Schelling, a and was named the ITA’s ‘‘Player to Watch’’ 70,000 people were in danger, but the plan University of Maryland professor and 50-year in 2005. devised by Fire Marshall Brierty and other expert in the concept known as ‘‘game the- Freshman Johanna Dahlback (Hasselby, county, state and federal officials safely evac- ory,’’ who was awarded the Nobel Prize in Sweden) won the clinching match in the na- uated all of them. Not one life was lost in the Economic Sciences last week. tional championship victory and was the No. fire, even though 350 structures and more The Fifth Congressional District congratu- 9-ranked singles player in the Nation. than 800,000 acres were ravaged by the lates Professor Schelling, whose contributions Juniors Caroline Grage (Hamburg, Ger- blaze. to economics will influence generations of pol- many) and Manuela Emmrich (Magdeburg, Mr. Speaker, many people have devoted icy-makers, diplomats, and strategic thinkers. Germany) teamed together to make up the countless hours and unlimited energy to re- Schelling is best known for his book, ‘‘The No. 8-ranked doubles team in the Nation, ducing the fire danger and restoring the forest Strategy of Conflict,’’ a groundbreaking effort while senior Laura Peaty (Loughborough, Eng- in the San Bernardino Mountains. The task is to deter the use of nuclear weapons. Schelling land) teamed with Cowper to make up the No. far from finished, but we have seen two fire used his ‘‘game theory’’ to explain how the 3-ranked doubles team in the Nation. seasons now in which no major blaze has Cold War could effectively be prevented from threatened homes to the extent of the Old turning into a nuclear holocaust. As Michael The man who provided guidance for the Fire. Kinsley recently noted in the Washington Post, women’s success is Head coach Simon In recognition of the role he played in con- Schelling’s theory was born to deal with inter- Earnshaw. He was named the Peach Belt fronting this threat to whole communities, Fire dependence. ‘‘The other side had to be con- Conference Coach of the Year for his efforts Marshall Peter Brierty was presented the 2005 fident that it could survive and retaliate if you in earning his first National Championship. National Forestry Heroism Award by the went first,’’ he said. ‘‘Otherwise, in a crisis, it I am very proud of this team for displaying STIHL Incorporated this month. I would ask would be sorely tempted to go first.’’ such hard work and sportsmanship throughout you and my colleagues to join me in congratu- Fortunately, the world averted disaster in the season and can only hope that they might lating him for this recognition, and thanking the case of the Cold War, but many modem bring the National Championship title back to him for his unswerving devotion to public serv- day security threats remain. With nuclear ter- Georgia in 2006. ice. rorism the most glaring and preventable

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.035 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2143 homeland security challenge of our time, world Arthritis are examples of ‘‘waxing and waning’’ Engineer since 1996. When Sheldon first start- leaders would be wise to consider Professor diseases. Eric Peterson, who lives in my Con- ed working for the County, Interstate 55 was Schelling’s theory wherever possible. gressional District, has taught me a great deal new and Interstate 80 did not even exist. A lot Professor Schelling has spent the majority about these diseases and the need for a bet- of the local roads were graveled and less than of his adult life championing the most patriotic ter way for people to seek and keep SSD. two lanes wide. Today, those same roads are of causes: applying behavioral and economic This process of seeking SSD and keeping it paved and are four or five lanes wide. Will sciences for the promotion of peace. The is often times an adversarial one. The climate County has gone from a quiet rural area to Nobel Academy rightly recognized his distin- of suspicion that applicants and recipients say one of the fastest growing counties in the guished career, and the Nation should be they feel leaves many to view the Social Se- United States. According to Sheldon, he is proud of his accomplishments. As a native of curity Administration, SSA, with a jaundiced most proud of the CenterPoint development in Maryland and an alumnus of the place Schel- eye. Everyone who actually gains disability Elwood which is located on the former Joliet ling calls home, I take special pride in saluting benefits remembers the hoops of fire they had Arsenal property. Bringing roads into the de- his success. to jump through during the application proc- velopment has been a highlight of his career. Sheldon’s dream as a child was to be an f ess. As a result, many people often do not consider a try at working, fearing that the SSA engineer. He has a passion for road work that CONGRATULATING CITIZENS FI- will use that against them to deny future bene- has never left his system. His love for the pro- NANCIAL GROUP ON THEIR RE- fits. With concerns over fraudulent claims, I fession has prompted Sheldon to become a CEIPT OF THE 2005 SECRETARY can understand how this environment came to Joliet Junior College Adjunct Professor in OF DEFENSE EMPLOYER SUP- be. But that doesn’t make it right. 1974 where he has taught several courses in PORT FREEDOM AWARD For people with ‘‘waxing and waning’’ dis- architecture, engineering and construction. eases and conditions, they know that they will Sheldon served in the United States Army as HON. JAMES R. LANGEVIN have good days and bad. They know that, an Army medic and a Preventive Medicine barring a cure, they will always be sick, but Specialist teaching sewage and water treat- OF RHODE ISLAND ment process and prevention of water borne IN THE HOUSE OF REPRESENTATIVES that does not diminish their spirit. There needs to be a program that encourage people in this diseases. Thursday, October 20, 2005 situation to secure temporary employment Not content to stay on the sidelines, Shel- don also serves on several local boards which Mr. LANGEVIN. Mr. Speaker, today I rise to when they feel they can work without placing includes Howell Shooting Club and the Howell congratulate Citizens Financial Group, recently their SSD at risk for the times they cannot Youth Shooting Camp. The camp gives girls chosen as a recipient of the 2005 Secretary of work. Currently, if a person makes more than and boys an opportunity to come together Defense Employer Support Freedom Award. under a formal program to experience and $810 a month, disability benefits will stop. If The award recognizes employers that were grow in their appreciation of shooting sports. one makes $810 but then has less money nominated by their employees who voluntarily Sheldon and his wife Janice have four children than his SSD, there is no incentive to work. serve in the National Guard and Reserve, for and seven grandchildren. exceptional support above the requirements of H.R. 4095 would install a system based on a Mr. Speaker, I urge this body to identify and the Uniformed Services Employment and Re- sliding scale. The more money one earns, the recognize other individuals in their own dis- employment Rights Act of 1994. This is the fewer benefits he or she receives. But there tricts whose actions have so greatly benefitted highest national award a company can receive will be a built-in incentive to stay the course and strengthened America’s families and com- for its support of the National Guard and Re- because the total monthly income when work- munities. ing will be more than either the work income serve. f Citizens is the first Rhode Island employer or SSD. to win the highest national award for their out- In addition, if a person makes $300 or more HONORING PROFESSOR RICHARD standing support of colleagues serving in the a month, their review is put aside. This incen- P. BERG National Guard and Reserve and their fami- tive will further encourage people to push lies. Citizens is one of only 15 employers in themselves to continue working if at all pos- HON. ZOE LOFGREN the United States to receive this prestigious sible. OF CALIFORNIA award from among 1,492 nominees. Imagine a situation where those on SSD IN THE HOUSE OF REPRESENTATIVES The Secretary of Defense Employer Support who have diseases that ‘‘wax and wane’’ Thursday, October 20, 2005 Freedom Award reflects the exceptional sup- could work, without fear, when able. That would be a lot of money put back into the Ms. ZOE LOFGREN of California. Mr. port, leadership, and devotion provided by em- Speaker, I rise to honor Professor Richard P. ployers to our brave men and women of the Treasury in payroll withholdings and taxes— and more money put into the economy in in- Berg for 31 years of teaching, scholarship and Reserve Forces. The importance of employers service to the Santa Clara University School of who are supportive of our enlisted men and creased purchasing, not to mention the contribution to society and elevated self-esteem of Law. women should never be underestimated, and Professor Berg has served as a Professor the workers. Think about the faith these peo- Rhode Island is proud to have employers like of Law at the Santa Clara University School of ple would have in a system of government Citizens Financial Group hard at work in our Law for 31 years. Throughout his tenure, Pro- that treats its people with dignity and respect community. On behalf of my home state, I fessor Berg has dedicated himself to serving would like to thank Citizens Financial Group instead of suspicion and contempt. the public and working for social justice. He I urge my colleagues to support H.R. 4095 for their dedication, and I wish them much was chair of the Santa Clara University School improve the lives of thousands of Americans. success in the future. of Law Public Interest and Social Justice En- f f dowment, which funds financial assistance HONORING SHELDON LATZ programs for volunteers and attorneys working ENCOURAGE INITIATIVE AND in public interest and social justice fields. Last SELF-ESTEEM HON. JERRY WELLER year alone, the Endowment provided $66,750 OF ILLINOIS in summer grants for 23 students working as HON. BOB FILNER IN THE HOUSE OF REPRESENTATIVES volunteers with public interest and social jus- OF CALIFORNIA tice programs, and $17,000 in Income Supple- Thursday, October 20, 2005 IN THE HOUSE OF REPRESENTATIVES ment Grants for attorneys working with similar Mr. WELLER. Mr. Speaker, I rise today to Thursday, October 20, 2005 organizations. honor Sheldon Latz who was named the 2004 Professor Berg also has served on the Mr. FILNER. Mr. Speaker, I rise today to Urban County Engineer of the Year award board of directors of several public interest or- urge support for a bill I have just introduced, from the National Association of County Engi- ganizations, and has been active in inter- H.R. 4095, the Encourage Initiative and Pro- neers during its annual conference. Sheldon national issues, particularly in the Asia-Pacific mote Self-Esteem Act of 2005. was recently named Urban Engineer of the region. He has been the director of the Singa- There are many people in our country who Year by the Illinois Association of County En- pore-Bangkok summer law program since receive Social Security Disability benefits gineers. That nomination put him in the run- 1984 and is active in dispute resolution organi- (SSD) because they have a ‘‘waxing and wan- ning for the national award. zations such as the American Arbitration As- ing’’ disease—Behcet’s Disease, Multiple Scle- Sheldon has been employed by Will County sociation and Asia Pacific Organization for rosis, Lupus, Parkinson’s, Cancer, AIDS and since June 11, 1961 and has been the County Mediation.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.039 E20OCPT1 E2144 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 Prior to coming to Santa Clara University ters would also serve as a centralized location THE 9/11 COMMISSION FINAL School of Law, Professor Berg earned his B.A. for the training and coordination of first re- REPORT ONE YEAR LATER in Economics from the University of Michigan sponders in the instance of an emergency. In in 1965, and received his J.D. from the Uni- turn, the Centers will improve the coordination HON. CYNTHIA McKINNEY versity of Michigan School of Law in 1968. He of preparedness, response and recovery ef- OF GEORGIA graduated Magna Cum Laude from law forts between government, private, not-for- IN THE HOUSE OF REPRESENTATIVES school, was inducted into the Order of the Coif profit entities and faith-based organizations. and served on the Editorial Board of the Michi- The National Emergency Centers would be Thursday, October 20, 2005 gan Law Review. located on military bases, with a preference Mrs. MCKINNEY. Mr. Speaker, I wish to After earning his J.D., Professor Berg was wherever possible for those installations enter the following into the CONGRESSIONAL an Associate in Law at the University of Cali- closed during the most recent BRAC round. I RECORD: am proposing these sites because the nec- fornia, Berkeley School of Law, Boalt Hall, a THE 9/11 COMMISSION REPORT ONE YEAR Reginald Heber Smith Fellow in Poverty Law, essary infrastructure to house, feed, educate LATER and Staff Counsel and Economic Development and care for evacuees over an extended pe- A CITIZENS’ RESPONSE: DID THE COMMISSION Specialist, at the National Housing and Eco- riod of time is already in place, thus limiting GET IT RIGHT? nomic Development Law Center in Berkeley, the cost and time needed to construct these A Congressional Briefing Convened on the First California. He also published an article in the facilities. Anniversary of the Release of the 9/11 Com- San Diego Law Review on a major class ac- Mr. Speaker, our Nation was not prepared mission Report, Friday, July 22, 2005 tion case, Zahn v. International Paper in 1974, for the disastrous hurricanes that struck the EXCERPTS FROM THE TESTIMONY and a short article on Prisoners’ Rights and gulf coast last month. The establishment of Opening Remarks National Emergency Centers will go a long Jail Conditions in the et al Magazine in 1970. Rep. CYNTHIA MCKINNEY: Last year, we On a personal level, I played a key role in way to ensuring that our response to national got the final report, an extensive, prosaically helping Richard to marry his wonderful wife of emergencies are not as disastrous as the dis- impressive report, but as some of us sat many years, Mare, and we meet every year at asters that created the emergencies in the first down to read it, the errors and omissions im- the SCCS graduation to enjoy the past and place. mediately jumped out at us. How was it that plot the future of our wonderful law school as I ask for my colleagues’ support and urge it took over an hour after the first trans- well as our wonderful country. the House Leadership to bring this legislation ponder went off before planes were scrambled to the floor for its swift consideration. to meet the threat, all of them too late? As an alumna of the Law School, it is an What happened to those reports that sur- honor to recognize Professor Berg’s contribu- f faced within months of September 11th stat- tions to the legal community and the Santa TRIBUTE TO ROSETTA JAMES ing that seven or more of the alleged hijack- Clara University School of Law. Professor ers had come forward and claimed they were Berg instilled in thousands of students an victims of stolen identities and were alive awareness of social justice, and inspired HON. ROBERT E. (BUD) CRAMER, JR. and well, living in Saudi Arabia, Morocco, OF ALABAMA countless attorneys to dedicate their careers and Tunisia? Why did the Commission IN THE HOUSE OF REPRESENTATIVES to making ‘‘Equal Justice Under Law’’ a reality. choose not even to address this? What about Thursday, October 20, 2005 Osama bin Laden and his role in the f Mujahedin backed by the CIA in the 1980s to Mr. CRAMER. Mr. Speaker, I would like to INTRODUCING THE NATIONAL fight the Soviets? The Commission didn’t go take this opportunity to recognize one North there . . . We cannot afford to shy away from EMERGENCY CENTERS ESTAB- Alabama’s most compassionate citizens, Mrs. inconvenient truths. Many of you may find LISHMENT ACT Rosetta James. Mrs. James, who is cele- what you hear today to be inconvenient in- brating her 80th birthday in Huntsville, Ala- formation. Dr. Martin Luther King, Jr. said HON. ALCEE L. HASTINGS bama has done a great deal to help further the ultimate measure of a man is not where he stands in moments of comfort and con- OF FLORIDA the quality of life for all individuals in our com- venience, but times of challenge and con- IN THE HOUSE OF REPRESENTATIVES munity. troversy. I encourage you to engage with the Thursday, October 20, 2005 Mrs. James was born in Akron, Alabama issues that are raised. If you don’t agree or After 27 years in the State of New York, she don’t like what you hear, challenge it. I be- Mr. HASTINGS of Florida. Mr. Speaker, I returned to her home State in 1973, and has lieve that we should take in what every rea- rise today to introduce the National Emer- spent the last 32 years serving in various sonable person has to say, to inform our de- gency Centers Establishment Act. Many of us community, church, and civic roles. cisions, because that is the best way to find share the belief that the Federal Government’s Among her many accomplishments, Mrs. the truth. In our pursuit of the truth, I en- response to Hurricane Katrina was disorga- James has served her community and her courage you to emulate the courage and the nized and inadequate. FEMA was far too slow State as the Alabama Democratic Conference determination of the September 11th fami- to arrive, and evacuees were left stranded in Chairperson from 1992 to 1996. Additionally, lies in their struggle to know what really happened. massive shelters with egregious standard of she was appointed by Governor Fob James 9/11 Families Report living violations. Victims of the storm are now as the first volunteer Deputy Registrar in Madi- spread all over the country, costing the gov- son County, has served on the Huntsville City Ms. LORIE VAN AUKEN: A thorough and ernment $11 million per day just to house only definitive investigation by the Commission Schools Advisory Council, the Family Service . . . would have subpoenaed for the informa- a portion of evacuees in hotels. Tens of thou- Center Board, and has volunteered with the tion it required and examined the plethora of sands are still living in inadequate shelters Madison County Board of Volunteers and Cor- information that other citizens and groups and even tents—months after the storm—with rections, the NAACP, and many more. responsibly provided. . . . it would have re- little assurances for their safety and security. Furthermore Mr. Speaker, Mrs. James con- ported all of its findings with its redactions These two problems—increasing the avail- tinues her extraordinary work throughout the blacked out and submitted to the American ability of temporary housing in times of na- community today. Currently, she volunteers at people. In essence, the Commission could tional emergencies and improving training and two community schools to help children learn have produced a final product where the re- preparedness for national emergencies—must to read. Mrs. James also continues to inspire sulting conclusions and recommendations could be trusted. Instead, at the end of the be resolved to ensure that the humanitarian others to take an active role in the community. day, what we got were some statements that catastrophe that occurred in the gulf coast and In addition, she works to organize voter reg- truly insulted the intelligence of the Amer- continues to happen today will never occur istration drives and absentee ballots for people ican people, violated our loved ones’ memo- again. who cannot go to the polls. ries, and might end up hurting us one day I come to the floor today to introduce the Mr. Speaker, Mrs. James has had a tremen- soon. National Emergency Centers Establishment dous positive impact on our community in One such statement was that 9/11 was a Act. My bill establishes no fewer than six Na- Huntsville. On October 21st, Mrs. James’ fam- failure of imagination: a failure of whose tional Emergency Centers spread throughout ily and friends are gathering to celebrate her imagination? What exactly does that mean? When you have a CIA Director with his hair the United States. The Centers would be 80th birthday with a surprise party. I rise, on on fire, a system blinking red, 52 FAA warn- used, first and foremost, to provide temporary behalf of everyone in North Alabama to thank ings, an August 6, 2001 PDB entitled ‘‘Bin housing, medical and humanitarian assistance, her for everything she has done for the area Laden Determined to Strike in the United including education, for individuals and fami- and to wish her a happy and healthy 80th States,’’ leads on several 9/11 hijackers . . . lies displaced due to an emergency. The Cen- year. warnings from many foreign governments, a

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.043 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2145 Phoenix memo, warning of Islamic extrem- course, the classic case study that Philip ment and supposed ally was so directly in- ists taking flying lessons, the arrest of would Zelikow chaired, along with Ernest May, volved in the 9/11 atrocity must have stunned be terrorists Zacarias Moussaoui, facts im- who was his patron at the Harvard Kennedy and deeply embarrassed the American Ad- parted to one agent, Agent Frasca, at the School, was the case on the Soviet Union, ministration . . . The story of Saeed Sheikh RFU of the FBI, 9/11 was truly a failure, all how the CIA got it right. You know, the poli- and the generals are only lightly covered in right, but I would certainly not call it a fail- tics of getting it right. Of course, as we all western media, and only one American news- ure of imagination. Another outrageous know, one of the greatest disasters of paper, the Wall Street Journal, carried it on statement made at the time of the release of politicization of intelligence that occurred October 10th. the 9/11 final report that got a fair amount of even before the Iraq war was over the The 9/11 Commission report which carries media coverage was the one ‘‘Everyone’s to politicization of intelligence on the Soviet Mustafa al-Hawsawi as the paymaster and blame, therefore, no one’s to blame.’’ The Union. Who did Philip Zelikow bring into the Sheikh Saeed as the al-Qaeda CFO, has problem with that assumption is that it cre- staff structure as a team leader on his staff? dodged the issue, and does not say if the two ates a no fault Government, and a no fault None other than Douglas MacEachin, who are the same or not. Thus, technically, even Government does nothing to ensure that was serving a tour up at the Harvard Ken- if the Commission staff knew the truth, they things will be different or better in the fu- nedy School. Who was Douglas MacEachin? have not told a bald lie. The Administration ture. When you hold people accountable, it Douglas MacEachin was the head of the So- officials speak on terms of anonymity and serves as a deterrent for those that would re- viet analysis job during the 1980s . . . respon- were told that the Justice Department had peat that same behavior in the future. For sible for most of the politicization of intel- pressed the National Security Council to the record, I would like to see that assump- ligence. Here you have Philip Zelikow from have Saeed Sheikh extradited. One might be tion restated to read ‘‘Everyone’s to blame, Harvard and the case study program, and justified in asking the question why would therefore, everyone’s to blame.’’ In fact, the Douglas MacEachin, as a team leader on the National Security Council have to be fact that there has been no accountability Zelikow’s staff, making serious decisions pressed to extradite a murderer of U.S. citi- for the failures that led to the deaths of al- about the need for change within the intel- zens? By late February [2002], the issue was most 3,000 people is truly unconscionable and ligence community. moot. Pearl was murdered, and Musharraf irresponsible on the part of all of our na- Omissions and Errors in the Commission’s Final swore he would personally hang him [for tion’s leaders. The tools of democracy avail- Report Pearl’s murder] before turning him over to the Americans, unlike Khalid Shaikh Mo- able to the citizens of America to address Mr. PAUL THOMPSON: The 9/11 Commis- hammed and Ramzi bin al-Shibh, whom he these issues are incredibly limited. We asked sion claims it wasn’t until 9:20 when Indian- did turn over. Of course, they had not been for an independent commission to inves- apolis communicated with the FAA com- western penetrators of al-Qaeda . . . We can tigate 9/11 because that was the only tool mand center and notified them that Flight 77 no longer say we are protecting sources and that we, as American citizens, had access to, was missing, and then the information start- methods about a story known to the rest of and hoped that our leaders, the members of ed to get out to other command centers, but this planet. We are now mocked for our igno- Congress and the American public, would en- still, NORAD wasn’t notified. We are talking rance about this story, and even members of sure its validity and that its ensuing recover half an hour later, the plane has been Britain’s Parliament poke fun at us. It is ommendations would make us all safer, as missing, still no one notifies NORAD, until long past time to come clean about Saeed safe as we could reasonably expect to be in finally 9:34, three minutes before the plane Sheikh. the event of another attack. Sadly, as Amer- crashes, and then it was only mentioned in- icans, we have all been let down. advertently in passing when talked about 9/11 in Historical Perspective: Flawed Behind the 9/11 Commission: Flaws in the with something else. Assumptions Process In order for this to be true, the 9/11 Com- Ms. LORETTA NAPOLIONE: . . . we need Mr. JOHN JUDGE: This Commission’s re- mission is making the claim essentially that to implement a forward looking anti-ter- port is not a rush to judgment. It’s rather a the Indianapolis flight control center and rorist policy, one which predicts the enemy’s rush to exoneration. It fails to really hold the local FAA center that they contacted next move. . . . a forward looking anti ter- people to accountability . . . By approaching were in complete lack of contact with the rorist financing policy should look at the sit- the whole matter as an intelligence failure outside world during this time, that they uation in Congo, isolated as a potential area in the report, it obscured the evidence that were unaware, unlike the tens of millions of where terrorist financing could take place. what was normally a standard operating pro- people who had been watching CNN, that In order to prevent that, it should dismantle cedure in the period prior to 9/11 fell apart, there was an ongoing crisis, that planes had this business of smuggling gold . . . Of apparently, in the months around and on crashed into the World Trade Center, two course, a forward looking approach in the that day. It led to them pursuing leads and planes. They are saying that all the way fight against terrorism will require the full suspects, basically accepting earlier reports until 9:20, there has been over half an hour participation of the private sector, and a without doing further follow up, blaming now where this has been the breaking news, multilateral policy. One country alone, not certain suspects, even though the evidence is that nobody in this entire Indianapolis flight even if it is the United States, can actually we don’t yet clearly know who the suspects control center or the FAA center had any fight this war on terror alone. Among other were that got onto the plane, and that’s be- idea that any of this had been happening. things, this policy, if implemented, will then cause several people have come forward say- We know that just isn’t true. In fact, there cut the link between crime and terror. Ter- ing that their identity was stolen, basically, was one news report saying that other cen- ror will not any longer be a very profitable by these people. We are left with a story that ters such as theirs had been notified of the partner for crime. Breaking the link between comes from people that we can’t get to, and crisis long before the first plane even crashed crime and terror would already be a step for- we are left with a story that perhaps is giv- into the World Trade Center. What we see is ward, which you have not yet made. ing us the wrong direction in terms of how an account coming from the 9/11 Commission Ms. ANNE NORTON: Neoconservative for- we are looking. Until we open up the report that in my opinion is just frankly impos- eign policy centers on a fear of world govern- and until we can look at the actual evidence sible. ment and the international institutions that and compare it, and begin to actually inves- Mr. JOHN NEWMAN: An FBI team work- might lead to it, most notably, the United tigate further on many of the areas that the ing with cell phone numbers provided by In- Nations, a rejection of multilateralism, and Commission ignored, then we have a report dian intelligence uncovered a new smoking as they say, above all, the ability to distin- that doesn’t eventually serve the mandate gun. They learned that the chief of the ISI, guish friends from enemies . . . Europeans that this Commission was required to take Mahmood Ahmed, had ordered Saeed Sheikh regard neoconservatism with special skep- care of, looking at the truth of terrorist acts to send $100,000 of the kidnapping ransom to ticism, and they do so, as you might have al- upon the United States. Mohamed Atta a month before the 9/11 at- ready realized, because they know its pro- Mr. MELVIN GOODMAN: The most impor- tacks. This ugly detail emerged when the genitors all too well, the desire for the com- tant individual to me, other than a commis- FBI team ran traces on Saeed Sheikh’s cell bination of traditional values, the desire for sioner, was the staff director, Philip phone number beginning in July; the ISI an expansion of executive power, the ambi- Zelikow. His conflicts of interest were so chiefs number was among the regular people tion to create a new world order, and the great that you do have to wonder why this that Saeed Sheikh communicated with. On identification of a providential enemy are all individual was appointed to head this impor- October 7th, President Musharraf sacked parts of a very familiar past, the shadows of tant staff of over 80 people. He had very Ahmed for this notorious act. This story was German national socialism and 19th Century strong ties to the George Herbert Walker widely covered in the press around the world, European empires fall very heavily on the Bush Administration. Very strong personal not covered here in the United States . . . neo conservative project. As the Administra- and political and policy ties to Condoleezza It’s hard to imagine a revelation more dam- tion responded to 9/11, this influence became Rice. More importantly, Philip Zelikow was aging than the fact that Pakistan’s intel- increasingly evident. running the case study program at Harvard ligence service and most powerful Army Mr. PETER DALE SCOTT: The 9/11 report which took millions of dollars from the Cen- commanders were behind the 9/11 attacks describes Ali Mohamed as ‘‘a former Egyp- tral Intelligence Agency over a ten year pe- and the paymaster, a known terrorist who tian Army officer who had moved to the riod to write case studies on the CIA, to es- had been able to carry out his mission be- United States in the mid 1980s, enlisted in tablish a record that was essentially untrue cause the U.S. and U.K. had set aside justice the U.S. Army, and became an instructor at with the facts about the work of the CIA. Of for his crimes . . . that a sovereign govern- Ft. Bragg, as well as helping to plan the

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.048 E20OCPT1 E2146 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 bombing of the U.S. Embassy in Kenya.’’ In rages . . . upon personal dignity, in par- held as enemy combatants, come to a single fact, Ali Mohamed was a very important al ticular, humiliating and degrading treat- point, which should be considered as we con- Qaeda agent who, as the 9/11 Commission was ment. All these practices of stripping the tinue with this national debate as what told, ‘‘trained most of the al Qaeda’s top prisoners naked, putting women’s underwear might be on the horizon at that point. Here leadership, including persons who would or perhaps even men’s underwear on their they are, 12 common characteristics of a na- later carry out the 1993 World Trade Center heads, is degrading treatment. It is prohib- tional security state: bombing.’’ Ali Mohamed clearly enjoyed U.S. ited by international law. . . . I’m not age- 1. Visible increase in uniformed security protection. In 1993, he was detained by the less, but I have lived a long time, and I don’t personnel. RCMP in Canada, and a single phone call to remember ever having been ashamed of what 2. Lack of civil accountability for the ac- the United States secured his release. This we were doing to foreign prisoners. In World tions of law enforcement and security per- enabled him to play a role in the same year War II, we treated prisoners well, let’s say sonnel. in planning the bombing of the U.S. Embassy soldiers. Even German spies arrested in the 3. Reduced role of the judiciary and execu- in Kenya in 1998. Eventually, he was allowed United States were not treated in a degrad- tive treatment of suspects. to plea bargain and receive a secret sen- ing manner . . . This is not an intelligent 4. Secrecy of ruling authority and momen- tence. We don’t know what the sentence is way to proceed in our struggle against ter- tum of the threat. . . . The amazing thing, although he was rorism. We ought to get back to full respect 5. Media in the service of the state. named as a conspirator in that bombing, he for international law, and fully humane 6. Public and national resources called to was not an indicted conspirator, which itself treatment of all prisoners, without any ex- service against security threat. is evidence of something going on behind the ception. 7. Patriotism moving to nationalism. scene. Congress should determine the true Mr. ROBERT MCILVAINE: I had an unbe- relationship of the U.S. Government to Ali lievable opportunity to go to Bogota. I 8. Lack of critical response by religious de- Mohamed, who was close to Bin Laden and haven’t flown since 9/11. Not that I’m nec- nominations. above all, al Zawahiri, who has been called essarily afraid, but I just won’t fly. I’ve 9. War time mentality and permanent war the main player in 9/11. This is very impor- learned too much about the shoe bomber. I’m economy. tant, I think, whereas the report focuses al- just not going to leave the country. Bogota, 10. Targeted individuals or groups. most uniquely on Khalid Shaikh Mohammed they have an international conference on vi- 11. Direct attack against dissent. and Ramzi bin Al Shibh. Many other sources olence and terrorism, and they called me to 12. Increased surveillance of citizenry. independently say the main figure and the speak down there. I decided to do it. There Intelligence Reform: Immediate Response and top brains in al Qaeda was al Zawahiri, who were probably about 2,000 people in the audi- Recommendations Ali Mohamed was clearly close to. torium, the first two rows were all victims. ACMICHAEL: the quote I Mr. NAFEEZ AHMED: In April 1991, ac- 13 year olds with legs missing. Burn victims. Mr. DAVID M want to give you is from a book written by cording to a classified U.S. intelligence re- I had dinner with one burn victim, 75 percent a very interesting man, now deceased, Ar- port, then head of Saudi Intelligence Serv- of her body, an African/Columbian. She lost thur Macy Cox, who was George Kennan’s ices, Prince Turki al Faisel, struck a secret her three children and her husband. I said, I principal assistant when George Kennan, deal with Bin Laden, despite his being under feel sorry for myself sometimes. That woman post World War II, was head of the State De- house arrest for his opposition to the pres- could sit there and laugh with me, because partment’s Planning Office . . . His book is ence of U.S. soldiers. Under this deal, al- you have a bond with people who have suf- called The Myths of National Security, the though the regime would publicly disown fered. That is what we have to think about. Peril of Secret Government . . . published by him, Bin Laden was permitted to leave Saudi It’s the civilians, the 25,000 civilians in Iraq Beacon Press in 1975: Arabia with his funding and supporters. that have died, and 500,000 people in Iraq that Moreover, the regime would continue to fund have died in the 1990s. What is this foreign ‘‘The drafters of the Constitution provided his activities on the condition that he does policy that we have? We talk about Pax us with an ingenious system of Government not target the Saudi kingdom himself. Americana. In Latin, does that not mean based on machinery to check and balance the Posner’s accounts of a secret agreement be- American peace? Have we perpetrated peace use of power, but they did not anticipate the tween Bin Laden and Saudi intelligence is in this world? Have we, since 1945? I think problem of secret Government, nor has that significant because he argues this was known not. problem been dealt with in subsequent con- to U.S. intelligence, this wasn’t something stitutional amendments. Despite a lack of Domestic Policy: Immediate Response and safeguards, a large consensus of the Amer- that we didn’t know. Levivier also inter- Recommendations viewed a CIA analyst about the role of the ican public since World War II, has granted Ms. ELAINE CASSEL: Four years since to succeeding presidents extraordinary se- Mujahedin. This CIA agent said ‘‘The policy September 11th, almost four years, and one of guiding the evolution of Islam and of help- cret powers to protect the security of the na- year since the 9/11 Commission’s report, crit- tion. The people felt that in matters of na- ing them against our adversaries worked ical infrastructures and resources are unpro- marvelously well in Afghanistan against the tional survival, the President should be tected, and protections are unplanned, as far given total trust. He should be allowed to Red army. The same doctrines can still be as I know. Co-Chair of the panel, Lee Ham- used to destabilize what remains of Russian make decisions in secret to protect our na- ilton, mentioned that this morning in a press tional security, but democracy and secrecy power, and especially to counter the Chinese briefing. He was very frustrated by that, and influence in Central Asia.’’ When I read this, are incompatible and it has now become he mentioned these are difficult tasks to clear that secret powers should never have I was quite surprised. Could this really be take on. Yes . . . it’s hard to try to assess possible? been delegated without guarantees of ac- the risk to our critical infrastructure and to countability to the people’s representatives Suffice it to say in conclusion, this is a intervene and prevention . . . It’s easy to phenomenon I have discovered to be paraded in the Congress.’’ open a file on demonstrators against the Ad- Mr. JOHN NUTTER: As I listened to David, throughout many regions in the Middle East ministration’s policies and conduct surveil- and Central Asia. It is a very worrying phe- I was struck by the various documents that lance on the ACLU and Greenpeace, as the I’ve read in my scholarship, documents like nomenon. It fundamentally challenges the Washington Post reported last week. I seri- whole paradigm of the war on terror. If we the Tower Commission report on Iran ously doubt that the ACLU and Greenpeace Contra, the Church Committee, the Pike are allying ourselves in some manner with al are terrorist organizations. In fact, if they Qaeda in this rather direct way, how can we Committee, and its recommendations, the were, the Government would have shut them Taylor Committee, which some of you may fight a war and win? It just doesn’t make down. Why are we paying the FBI’s any sense. recognize as the postmortem on the Bay of counterterrorism unit to amass thousands of Pigs . . . One could very easily take the rec- Foreign Policy: Immediate Response and files on these organizations and individuals? ommendations from any of those reports, cut Recommendations Mr. C. WILLIAM MICHAELS: I still do not and paste them into the 9/11 Commission, Mr. WAYNE SMITH: The 9/11 Commission think the case has been made that civil lib- and you wouldn’t be able to tell the dif- report says that the United States should en- erties of any sort must be compromised so ference. gage its friends to develop a common coali- we can get to the bottom of what terrorist tion approach toward the detention and hu- conspiracies may or may not be operating Closing Remarks mane treatment of captured terrorists. New within the United States. All of this plus the Rep. CYNTHIA MCKINNEY: I would just principles might draw upon Article 3 of the scope and approach of the 9/11 Commission like to say after we have heard all of the tes- Geneva Conventions on the law of armed recommendations, which deal with every- timony that has been presented to us today, conflict. That article was specifically de- thing from the FBI, passports, driver’s li- there is one thing that is very clear, and that signed for those cases in which the usual censes, airline passengers, brings me to the is that we must know what our Government laws of war did not apply. In other words, final points. And that is the effect we may be is doing in our name. The American people these cases in which our Government tells us seeing as these varied parallel developments, have to inform themselves, despite the fail- the Geneva Conventions don’t apply. The including, of course, the conflicts in Iraq and ure of the corporate press, to investigate the minimum standards are generally accepted Afghanistan, the situation in military com- information in the public domain that pro- throughout the world as customary inter- missions in Camp Delta, Guantanamo Bay, vides answers to our questions. Today is a national law. What does Article 3 call for? which continue to unfold as we dispense with very special day because we have brought Well, among other things, it prohibits out- the legal preliminaries, and U.S. citizens truth to Capitol Hill.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.049 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2147 PERSONAL EXPLANATION them to clarify our policy and to become en- tention to the Horn of Africa and we appear to gaged in this increasingly volatile part of the be asleep at the switch. Someone at the State HON. SUE WILKINS MYRICK world. The responses from the State Depart- Department needs to wake up before it is too OF NORTH CAROLINA ment have been unhelpful and lead us to be- late. Mr. Speaker, the Congress is calling on the IN THE HOUSE OF REPRESENTATIVES lieve that either there is no policy, or the policy is to apply political pressure on Eritrea until Administration to make a clear statement of Thursday, October 20, 2005 there is war—and then blame Eritrea for not our policy on the Eritrea-Ethiopia border de- Mrs. MYRICK. Mr. Speaker, I was unable to compromising with Ethiopia—or continuously marcation issue. A clear statement urging participate in the following votes on October pressure Eritrea until they agree to renegotiate Ethiopia to unconditionally and swiftly imple- 19, 2005. If I had been present, I would have the final and binding decision of the EEBC. ment the EEBC’s final and binding decision voted as follows: From Eritrea’s perspective, everything de- will set in motion positive forces that enable On rollcall vote No. 529, on agreeing to pends on full implementation of the EEBC de- success. Further, such clarity would go a long Jackson-Lee of Texas amendment to H.R. cisions. The U.S. supposedly supports the way to starting a process that would very likely 554—the ‘‘Personal Responsibility in Food EEBC decisions, but if it does, then its support resolve this knotty border matter through a Consumption Act of 2005,’’ I would have voted appears to be very weak. peaceful and diplomatic process rather than ‘‘no.’’ The U.S. policy, whatever it is, has one by more bloodshed. On rollcall vote No. 530, on agreeing to Fil- clear result: the status quo remains in place. f ner of California amendment to H.R. 554—the Unfortunately, the status quo is untenable ‘‘Personal Responsibility in Food Consumption and will ultimately result in a renewal of hos- INTRODUCTION OF THE ENERGY Act of 2005,’’ I would have voted ‘‘no.’’ tilities. The current stalemate is clearly driving PRICE DISCIPLINE ACT OF 2005 On rollcall vote No. 531 on agreeing to the region towards war. Scott of Virginia amendment to H.R. 554—the The border demarcation crisis is an existen- HON. FRANK A. LoBIONDO ‘‘Personal Responsibility in Food Consumption tial threat to the security of Eritrea. The dia- OF NEW JERSEY Act of 2005,’’ I would have voted ‘‘no.’’ logue and discussion now being requested by IN THE HOUSE OF REPRESENTATIVES Ethiopia has already occurred and is articu- On rollcall vote No. 532, on agreeing to Thursday, October 20, 2005 Waxman of California amendment to H.R. lated by the EEBC. This fact underlies Eri- 554—the ‘‘Personal Responsibility in Food trea’s unwillingness to dialogue further with Mr. LOBIONDO. Mr. Speaker, I rise today in Consumption Act of 2005,’’ I would have voted Ethiopia or with U.N. Special Envoy Lloyd support of the ‘‘Energy Price Discipline Act of ‘‘no.’’ Axworthy on border demarcation. The failure 2005.’’ This timely and important piece of leg- On rollcall vote No. 533, on passage of H.R. to resolve the border impacts all aspects of islation will ensure that the Federal Trade 554—the ‘‘Personal Responsibility in Food thinking in Eritrea. Eritrea believes that pro- Commission (FTC) has the tools to investigate Consumption Act of 2005,’’ I would have voted tecting the security and sovereignty of the na- and strongly prosecute price gouging across ‘‘yes.’’ tion is the first responsibility of the govern- the nation by those refining, selling, or ship- f ment. ping crude oil, gasoline, diesel fuel, natural Let me make one thing perfectly clear: Ethi- gas, or petroleum distillates. THE ERITREA-ETHIOPIA BORDER opian troops are occupying sovereign Eritrean Today, Americans are paying more than DISPUTE NEEDS AMERICAN territory today and have done so for years. ever before for the fuel they need to run their LEADERSHIP Because Eritrea is a small developing coun- cars and heat their homes. Even before the try the current situation puts into effect enor- devastation of Hurricane Katrina, consumers HON. DANA ROHRABACHER mous internal pressures. But Eritrea will not were paying almost a dollar more than they OF CALIFORNIA compromise its national sovereignty, and will were a year ago for a gallon of gas. And in IN THE HOUSE OF REPRESENTATIVES instead invoke the right to self-defense as ar- the days following this disaster, average gas ticulated in Article 51 of the U.N. Charter and price rose an additional 45 cents per gallon— Thursday, October 20, 2005 move to secure its territory by force as the with reported prices of nearly $6.00 at some Mr. ROHRABACHER. Mr. Speaker, the international community fails to implement and stations in the affected areas. United States and Ethiopia have a long diplo- enforce the rule of law and U.N. Security And, as the days get shorter and the air matic history. It is a place that many Ameri- Council resolutions. gets colder, more and more people are wor- cans are familiar with. I am confident that if President Bush knew rying about how they are going to be able to Next door to Ethiopia spreading out along the details of this situation personally, that he heat their homes this winter. According to fig- the strategic Red Sea coastline is Eritrea, a would be very disappointed in the officials re- ures released last week by the U.S. Energy relatively new country, and a place that few sponsible for this weak policy. It does not re- Information Administration, households heating Americans seem to fully understand. flect the President’s love for freedom and jus- their homes with natural gas can expect to The United States wants to have a good re- tice. Our policy leads nowhere but to war. spend about 48 percent more, or an additional lationship with both Ethiopia and Eritrea. How- That is unacceptable. $350, on fuel this winter. Those with heating ever, bilateral ties with both are weak and de- Someone has this problem figured out oil can expect a 32 percent increase, or on av- teriorating. wrong. Today’s approach mirrors the thinking erage about $378 more. This situation can be corrected, but it will of the Clinton Administration. One wonders But as Americans look deeper into their wal- take more interest and involvement by senior where the Republican appointees are in the lets to put gas in their cars to get to work or leaders in the U.S. government. policy-making process concerning this part of to heat their homes, both oil companies and Congress is doing its part. the world. U.S. refineries are on track for record profits. Chairman CHRIS SMITH and Representative There is active discussion among Members I believe that consumers across the country DON PAYNE of the Africa subcommittee have about potential solutions. One common aspect should have the right to know that the prices held hearings on the border dispute earlier this of all potential courses of action is that more they are struggling to pay are legitimate and year and have recently traveled to the region. U.S. leadership is needed. that no one is profiting unjustly at their ex- Last year Congress passed Senate-origi- U.S. leadership makes a difference. Clear pense. nated legislation, which became law, restrict- policy statements by President Bush and other For this reason, I am introducing the ‘‘En- ing assistance to Ethiopia or Eritrea for non- senior officials preceded Charles Taylor leav- ergy Price Discipline Act of 2005.’’ This bill will compliance to the Eritrea-Ethiopia Border ing Liberia, Syrian troops leaving Lebanon, give the FTC broad discretion to investigate Commission findings. Unfortunately, in Janu- Israeli settlements leaving Gaza, Viktor and, if necessary, strongly prosecute who- ary 2005, the executive branch waived this Yuschenko’s election as President in Ukraine ever—whether it is a gas station owner, a pe- provision on national security grounds. I say and so many other recent developments. troleum company, or a refiner—is guilty of ma- ‘‘unfortunately’’ because it is because of our China is paying attention to this region. nipulating the price of crude oil, gasoline, die- national security interest that the provision Sudan has thousands of PRC advisors work- sel fuel, natural gas, or petroleum distillates. should have been kept in place. Uncertainty ing in the oil and gas business as well as mili- The ‘‘Energy Price Discipline Act of 2005’’ on the border issue creates uncertainty in the tary advisors. China is rapidly expanding its recognizes that in today’s global economy region. relationship with Ethiopia and Eritrea. These consumers in states far removed from a trag- Members have written letters to Secretary relationships with China will falter over time, edy like Hurricane Katrina may see the results Rice and President Bush. We have urged but right now Beijing seems to be paying at- of it in their energy prices—often for legitimate

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.051 E20OCPT1 E2148 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 reasons, but sadly also as a result of price Furthermore, beyond this data, the reality is IN RECOGNITION AND REMEM- gouging. In my home State of New Jersey, that Hispanics are an integral part of Amer- BRANCE OF LIFE OF REVEREND residents voiced concerns over fair and honest ica’s social fabric. More than one in eight peo- MONSIGNOR ROBERT D. GOODILL treatment when purchasing gasoline for weeks ple in the U.S. are of Hispanic origin. During before a federal emergency declaration was this month-long celebration, we recognize the HON. PHIL ENGLISH declared and state price gouging statutes millions of Hispanic Americans who value a OF PENNSYLVANIA were triggered. strong commitment to family, hard work, and IN THE HOUSE OF REPRESENTATIVES For these reasons, the bill does not require community. In various aspects of society, from Thursday, October 20, 2005 a federal emergency declaration to be issued the world of sports, music, and literature and before the FTC could begin an investigation. to the entrepreneurial sector, Hispanics con- Mr. ENGLISH. Mr. Speaker, I rise today in Instead, the bill sets out specific factors for the tinue to live and pursue the American dream. recognition and remembrance of the life of FTC to use to determine whether the com- As legislators, we must continue to work for Reverend Monsignor Robert D. Goodill, who modity is being sold at an unjust or unreason- the advancement of initiatives that support and tragically died on April 1, 2005 from injuries sustained in a car accident while in Mexico. able price. If the FTC makes the determination provide opportunity for all. For nearly seven decades, Reverend Mon- that price gouging exists, the bill ensures that During Hispanic Heritage Month, I urge all signor Goodill selflessly served the citizens of the violator, whether an individual or a cor- of my colleagues to join with our fellow citi- northwestern Pennsylvania, acting as both a poration, is subject to strong civil and criminal zens in celebrating this rich and diverse cul- community leader and spiritual counselor for penalties. ture, and I encourage all Americans to recog- countless individuals. He was a man deeply Americans in every corner of the country nize the significant role Hispanics play in cre- devoted to his church and his community, are today being faced with unprecedented en- ating and building this great country. dedicating the entirety of his life to the better- ergy costs. We owe it to our constituents to ment of both. ensure that no one is profiting unjustly at their f Reverend Monsignor Robert D. Goodill was expense. I urge my colleagues to speak for HONORING CERRITOS COLLEGE born in Erie, Pennsylvania on October 23, them and to support the ‘‘Energy Price Dis- 1912. He attended St. Patrick grade school cipline Act of 2005.’’ ´ and later attended Cathedral Preparatory f HON. LINDA T. SANCHEZ School. In 1935, Reverend Monsignor grad- OF CALIFORNIA HISPANIC HERITAGE MONTH uated from Catholic University of America with IN THE HOUSE OF REPRESENTATIVES an M.A. in Philosophy. Following his Thursday, October 20, 2005 ordainment as a priest at Our Lady of Humility HON. MARIO DIAZ-BALART Church in Rome, Goodill was assigned as a Ms. LINDA T. SA´ NCHEZ of California. Mr. OF FLORIDA parochial vicar at St. Brigid Parish in Mead- Speaker, Cerritos College celebrates its 50 IN THE HOUSE OF REPRESENTATIVES ville, PA. Rev. Monsignor Goodill entered mili- years of dedication, tradition, and influence in tary service in 1943. He served as a chaplain Thursday, October 20, 2005 the 39th Congressional District and southeast in the U.S. Navy during World War II and Mr. MARIO DIAZ-BALART of Florida. Mr. Los Angeles County. It stands as an honored again from 1952 to 1954 during the Korean Speaker, I rise today in recognition of Hispanic institution within the surrounding communities Conflict, being named Naval Chaplain of the Heritage Month and pay special tribute to the and continues to provide excellent education year in 1953. In 1954, Goodill was appointed extraordinary contributions of Hispanics to- and training to thousands of students year as the founding pastor of Erie, Pennsylvania’s wards our great nation. Hispanic Heritage after year. St. Luke Church, a position he held until his Month, which began on September 15th, com- A community’s dream to extend the edu- retirement in 1985. In 1994, after five decades memorates the anniversary of independence cational opportunities of local youth resulted in of loyal service to the church, Pope John Paul for five Latin American countries—Costa Rica, the birth of Cerritos College. Established in II named him a prelate of Honor with the title El Salvador, Guatemala, Honduras, and Nica- 1955, Cerritos College began with a humble of Monsignor. ragua. In addition, Mexico and Chile both de- 195 students, 10 teachers, and 15 subjects. The dedication Reverend Monsignor contin- clared their independence in the month of Today, the College enrolls more than 22,000 ually demonstrated for his church, community, September. This anniversary celebrates the students and offers over 180 areas of study. and nation warrant this body’s recognition. As day these countries declared their independ- Cerritos College’s dedication to quality edu- a community leader, spiritual counselor, and ence from Spanish colonial rule, and con- cation has made the College an asset to both war veteran, Reverend Monsignor Goodill’s life tinues to represent the shared heritage of all career-oriented students as well as life-long embodied the American ideals of service, Hispanics in our hemisphere. learners. From political science to business, commitment, and sacrifice. With his unfortu- This month-long commemoration allows us culinary arts to computers, Cerritos College’s nate passing, the people of my district, the to celebrate the diversity within the Hispanic programs are invaluable in providing the Commonwealth of Pennsylvania, and the na- community in the United States. America’s cul- knowledge and skills needed to succeed in to- tion have lost a truly exceptional and beloved tural diversity has always been one of our na- day’s dynamic world. man. tion’s greatest strengths. Although Hispanics Cerritos College has embraced and utilized f share a common language, their history is technology in providing quality education and RECOGNIZING PRINCIPAL CHERRY rooted throughout the Americas and the Ibe- services to its students and faculty. The Col- FITCH rian Peninsula. Hispanics represent a mixture lege boasts an open-access lab of 600 high- of several ethnic backgrounds, including Euro- speed computers dedicated to student use, a pean, American Indian, and African. modern teleconferencing center, online HON. JEFF MILLER Throughout our history, Hispanic Americans courses, and ‘‘wiring’’ of the entire campus. As OF FLORIDA have contributed to the greatness of America. a result, Cerritos College has been dubbed IN THE HOUSE OF REPRESENTATIVES From the earliest settlers in the New World to ‘‘the most technologically advanced commu- Thursday, October 20, 2005 the most recent arrivals seeking greater op- nity college’’ in California for teaching and Mr. MILLER of Florida. Mr. Speaker, it is a portunities and freedoms, Hispanics continue learning. great honor for me to rise today to recognize to add to America’s unique culture. Perhaps Cerritos College’s greatest asset is Cherry Fitch, Florida’s High School Principal of According to the Census Bureau, in 2002, its diversity. It is the fourth largest Latino serv- the Year. For over 30 years Mrs. Fitch has there were 37.4 million Hispanics residing in ing community college in the nation and is served Gulf Breeze High School, improving the U.S., representing 13.3 percent of the total home to more than 300 international students. students’ lives working as both a teacher and population. More than 2.7 million Hispanics re- Cerritos College’s commitment to serving the an administrator. side in my home State of Florida, and com- community’s needs has empowered local stu- She began her career at Gulf Breeze High prise almost 17 percent of the population. As dents and given them a chance to pursue their School in 1970 as an English teacher and 27 a relatively young and rapidly growing popu- dreams and become engaged with the rest of years of dedication later she became the prin- lation, Hispanics are poised to make their the world. cipal. She is an excellent principal, concerned mark on our nation for generations to come. I proudly celebrate with Cerritos College its not only with the academic wellbeing of her Through their hard work, commitment to faith fiftieth anniversary and look forward to working students but their social success as well. Al- and close-knit families, Hispanics have the po- with the College and its students for many though Mrs. Fitch left the classroom, she re- tential to have a significant impact on society. more years to come. mained deeply involved in her students’ lives.

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.055 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2149 There is no doubt that Cherry Fitch has integrity and genuine regard for those in his All mortal beings, which God brought forth, positively influenced thousands of students command and in the larger community af- die the same, man is not exempt. during her time at Gulf Breeze High School. fected by his leadership. All will inevitably end as the dust from whence we came, it matters not of age. Her love of community and school has been Mr. Speaker, I wish much satisfaction and apparent throughout her career. It is fitting that success to Colonel Doty in his well-earned, Do not mourn me if I should fall in a foreign exciting new assignment. He, his wife Char- land, think this of my passing. in her last year at Gulf Breeze High School In a far off field a finer soil mixed with the that Mrs. Fitch is recognized with this great lotte, and their family have endeared them- foreign sand, a dust that is American. honor for all her dedication. Under her leader- selves to everyone who knows them in the Tri- A dust that laughed, cried, and loved as an ship, Gulf Breeze High School has been the Valley region. They will be remembered fondly American, on this plot there shall be. recipient of numerous accolades including and sorely missed. A little piece of America, a patch for the free being named an A+ school for the past 4 f man, which no oppressor can take. years. From this soil grows grass shimmering a lit- UNDERAGE DRINKING Mr. Speaker, on behalf of the United States tle greener, brilliant emerald ramparts. Congress, I would like to offer my sincere con- A Breeze whisping White Poppies with a HON. XAVIER BECERRA scent a little sweeter, flowers towards gratulations to an educator who could serve Heaven. as a role model to us all. Over three decades OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mourn not my terrible death but celebrate of service to education is something to truly be my cause in life, viewed noble or not. admired, and I am thankful for her commit- Thursday, October 20, 2005 I would have sacrificed and gave all that I ment to Gulf Breeze High School. Mr. BECERRA. Mr. Speaker, I rise today on had to give, not to make man good, but f behalf of the Congressional Hispanic Caucus only to let the good man live. f PERSONAL EXPLANATION to highlight the issue of underage drinking. According to the National Institute on Drug MOURNING THE LOSS OF Abuse, the first use of alcohol typically begins ANTHONY A. LEON GUERRERO HON. STEVE KING at age 12. Additionally, research tells us that OF IOWA the majority of kids are accessing the alcohol IN THE HOUSE OF REPRESENTATIVES they drink from family and friends. According HON. MADELEINE Z. BORDALLO OF GUAM Thursday, October 20, 2005 to Teenage Research Unlimited, 51 percent of 13–15 year olds say they will be faced with IN THE HOUSE OF REPRESENTATIVES Mr. KING of Iowa. Mr. Speaker, I was un- making a decision regarding alcohol in the Thursday, October 20, 2005 avoidably absent due to illness during rollcall next three months. votes 521 and 522. Ms. BORDALLO. Mr. Speaker, I rise today The good news is that parents are the lead- Had I been present, I would have voted to express my deepest sympathies and condo- ing influence on kids’ decision not to drink al- ‘‘yea’’ on 521 and 522. lences to the family of Mr. Anthony A. Leon cohol. It is critical that parents and other trust- f Guerrero who passed away on October 10, ed adults initiate conversations with kids about 2005. He was born on Guam on June 19, RECOGNIZING THE MILITARY AND underage drinking well in advance of the first 1952 Throughout his life, Mr. Leon Guerrero COMMUNITY CONTRIBUTIONS OF time they are faced with a decision regarding made numerous contributions to the island of COLONEL JAMES DOTY AS COM- alcohol. Guam, most notably serving as the president, MANDER OF FORT HUNTER Yesterday, the Congressional Hispanic Cau- the chief executive officer, CEO, and chairman LIGGETT AND PARKS RESERVE cus teamed up with The Century Council and of the Bank of Guam. He attended the London FORCES TRAINING AREA Nickelodeon to launch Pregunte, Escuche, School of Economics at the University of Lon- ≠ ˜ Aprenda: Los ninos y el alcohol no mezclan! don, majoring in Monetary Economics in 1976. HON. ELLEN O. TAUSCHER The program was developed in collaboration He earned his masters of Business Adminis- with LULAC, Aspira Association, the National tration at Stanford University’s Sloan Program OF CALIFORNIA Latino Children’s Institute, National Hispanic IN THE HOUSE OF REPRESENTATIVES in 1985. At the Bank of Guam, which was Medical Association and MANA, among others founded by his father, the late Jesus S. Leon Thursday, October 20, 2005 and is an adaptation of the English program, Guerrero, Tony served with a professionalism Mrs. TAUSCHER. Mr. Speaker, I rise today Ask, Listen, Learn: Kids and Alcohol Don’t that sets a standard for senior executives on to honor Colonel James Doty for exceptional Mix. our island. Mr. Leon Guerrero served in var- The program is designed to reduce under- service to the military and to our community in ious positions at the Bank of Guam, rising age drinking, particularly among children ages forming the U.S. Army Combat Support Train- from commercial loan officer in 1974 to chair- 9–13. The information is useful for parents, ing Center in northern California. man of the board, president and CEO in 2002. other trusted adults and kids and includes Between June 2003 and October 2005, Under his stewardship, the Bank of Guam and strategies to help facilitate conversations Colonel Doty led an ambitious, successful efits 14 branches strengthened its position as about the dangers of underage drinking. fort to create a free-standing installation that the leading financial institution in the Western I commend The Century Council and Nickel- supports training for both Active and Reserve Pacific region. He was a true visionary in odeon for giving Latino parents and children Components. Guam’s business community, launching online across the Nation such a valuable commu- Colonel Doty unified four individual sites banking services for the island. Through his nications tool to initiate those critically impor- under one command in creating the Training leadership, the Bank of Guam became the first tant discussions regarding alcohol. Center, a truly remarkable feat. At the Parks local company to go public when its stock was Training Area, he managed a historic Army f offered for trading on the Pacific Exchange in Real Property Exchange to permit replace- EULOGY OF THE COMMON August of 2000. ment of aging structures decades beyond their SOLDIER Mr. Leon Guerrero’s public service includes useful life with over $200 million worth of crit- tenures as chairman of the Guam Economic ical support facilities. He prepared Fort Hunter HON. RALPH REGULA Development Authority and the Guam Council Liggett for implementation of Defense Sec- OF OHIO on the Humanities. He served on various gov- retary recommendations to make it the Train- ernment boards and commissions including IN THE HOUSE OF REPRESENTATIVES ing Support Headquarters for the 91st Divi- the University of Guam Board of Regents, the sion. Furthermore, he overcame significant ob- Thursday, October 20, 2005 Guam Political Status Commission, the Guam stacles to preside over the development of Mr. REGULA. Mr. Speaker, I would like to Waterworks Authority, the Hagatna Restora- more than 300 housing units at the Parks site submit the following poem ‘‘Eulogy of the tion and Redevelopment Authority, the Pacific and at Moffett Federal Airfield across the San Common Soldier’’ for inclusion in the CON- Islands Development Bank Board of Gov- Francisco Bay in Sunnyvale. GRESSIONAL RECORD. The poem was written ernors and the Micronesian Regional Tourism No less remarkably, Colonel Doty accom- by U.S. Army First Lieutenant Aaron Seesan Council. He served on civic boards and orga- plished these achievements in a characteris- when he was in his senior year at Washington nizations including the Guam Chamber of tically affable, engaging, and sincere manner. High School in Massillon, Ohio. Aaron was Commerce, the Guam Bankers’ Association, His intelligence, tireless energy, and commit- killed in Iraq on May 22, 2005 while serving the Catholic Education Council Board of Trust- ment to success are enhanced by his personal his country. ees, the American Cancer Society, Goodwill

VerDate Aug 31 2005 05:58 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.059 E20OCPT1 E2150 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 Industries, the Agana Restoration and Rede- I have known Chris since I came to Con- Nearly a quarter of a million veterans reside velopment Corporation, the Congressional His- gress. Chris started her career with the Fed- in our great State; a number that continues to panic Caucus Institute, Pacific Islanders in eral Government in 1972 as a clerk at NASA. grow. The VA ensures that these men and Communication, the Young Presidents’ Orga- She joined the staff of the Committee on Inte- women, who were dedicated to defending our nization and the Financial Services and Infor- rior and Insular Affairs in 1974 becoming the Nation, receive the services they rightly de- mation Technology Committee, Saipan. Administrator and Chief Clerk in 1995 of the serve. As a nation, we owe these great Ameri- Tony Leon Guerrero was truly a leader in Committee on Resources which was the suc- cans a debt of gratitude for their sacrifice for the business community. Although he was an cessor Committee to the Committee on Inte- our Nation’s freedom and security. innovator and consummate entrepreneur, the rior and Insular Affairs. With an ever growing population of vet- island spirit in him never changed. Despite his When I moved from the Chairmanship of the erans, may we always be reminded of Abra- many accomplishments, he was still just Committee on Resources to the Chairmanship ham Lincoln’s philosophy and principles that ‘‘Tony’’ to those who knew him best. The re- of the Committee on Transportation and Infra- guide the Department of Veterans Affairs: ‘‘To spect that people felt for him in his profes- structure, I asked Chris to take the position of care for him shall have borne the battle and sional life was equaled only by the love they Administrator and Chief Clerk of the Com- for his widow and his orphan.’’ felt for him in his personal life. He was dedi- mittee on Transportation and Infrastructure. I join in thanking the Department of Vet- cated to the island in which he lived and Thank goodness, she agreed to do so. erans Affairs for their continued work and worked. The Bank of Guam is often referred to Chris is one of those people who often is service for 75 years to our Nation’s heroes. as ‘‘The People’s Bank,’’ and Tony was a unheralded and unseen but who is essential to May God bless Nevada, America, and our leader in the business community and a con- the workings of this institution. She is one of veterans. science for social activism. He understood that the most organized and efficient people I f with great talent comes great expectations, know. You know that if Chris is on the job, the and he exceeded the expectations of his fa- job will get done and will be done well. She is RECOGNIZING THREE FALLEN ther and his business associates as the Bank thorough and has a detailed knowledge of the SOLDIERS SERVING IN IRAQ of Guam grew and prospered under his watch. procedures and processes that keep the Com- Tony was an advocate in the community for mittee operating. HON. ELIJAH E. CUMMINGS the revival of pride in the Chamorro culture In addition, she is loyal and generous to her OF MARYLAND and the cultures of the indigenous peoples colleagues, her friends, and to myself and my IN THE HOUSE OF REPRESENTATIVES wife, Lu. We have relied on her in so many throughout Micronesia. His bank invested in Thursday, October 20, 2005 indigenous arts and crafts and the bank’s ways over the years to insure that our work branches are themselves centers for the dis- with Committee, including the many codels Mr. CUMMINGS. Mr. Speaker, I rise today play of Pacific cultures. As chairman of the and field hearings conducted by the Com- to pay tribute to three fallen American soldiers board and CEO, Tony ensured that the Bank mittee have been done in full accordance with who sacrificed their lives while serving our of Guam lived up to its commitment to our is- the Rules. country. land’s development and steered the bank I want to express to her my deep apprecia- On October 14, 2005, while conducting con- through the difficult years of an economic re- tion for her hard work and for her support of voy operations in the Al Taji area in Iraq, three cession. The bank’s solid performance and my efforts as Chairman of two Committees. Maryland Army National Guardsmen, 20-year- success is a testament to his business acu- Without her efforts, our Committees would not old Specialist Samuel M. Boswell, 23-year-old men and his vision. The sense of loss in our have a record of accomplishment that is un- Specialist Bernard L. Ceo, and 36-year-old island and throughout our Pacific region is a matched by any Committee. Sergeant Brian R. Connor, were tragically testament to a great humanitarian and com- I know that I speak for my wife, Lu and for killed when their Humvee was accidentally hit munity leader. the Members and Staff of the Committee and and caught fire. I am deeply saddened by this loss and for the many friends that she has made as a Assigned to the 243rd Engineer Company know that the many people on Guam and member of this Congressional family in wish- based in my district of West Baltimore, these throughout the Pacific are mourning as well. ing her all the best and many years of happi- remarkable young men had only been sta- My thoughts and prayers are with his mother ness in her new life. tioned in Iraq since mid-August. They were the She will be missed in so many ways, but we Eugenia A. Leon Guerrero, his wife Mari Flor first Maryland National Guardsman to be killed expect that she will continue to be a member Herrero, and his three children, Maria Euge- while serving their country overseas since of our Congressional family in the years to nia, Alexandra and Jesus. My condolences World War II. come. Best wishes to a good friend and an also go to his brother Jesse A. Leon Guerrero Words cannot express the sense of loss felt outstanding staff member. and his wife Deirdre, his sister Senator Lou by the Maryland community when not one, but Leon Guerrero and her husband Jeff Cook, f three of our own is taken from us in an in- stant. I offer my deepest condolences to the their families, and the entire Leon Guerrero TRIBUTE TO THE 75 YEARS OF Boswell, Ceo, and Connor families during their extended family. Although he will be missed SERVICE THE DEPARTMENT OF difficult time. by his family, friends and business associates VETERANS AFFAIRS HAS PRO- Although each of these brave soldiers took throughout the Pacific, his legacy of service VIDED will live on in our community. different paths to arrive in the Army, they all shared great intellect, vigor, and a true com- f HON. JIM GIBBONS mitment to serve their country. These at- ON THE RETIREMENT OF MRS. OF NEVADA tributes coupled with their youth makes it even CHRISTINE KENNEDY IN THE HOUSE OF REPRESENTATIVES more difficult to accept each soldier’s fate. We Thursday, October 20, 2005 all must now face the burden of uncertainty— HON. DON YOUNG Mr. GIBBONS. Mr. Speaker, it is an honor never knowing what the future would have OF ALASKA to commemorate the 75 years of service the held for them. IN THE HOUSE OF REPRESENTATIVES Department of Veterans Affairs has provided Specialist Samuel Boswell of Elkridge, grad- to the servicemen and women of this great uated from the technology magnet program at Thursday, October 20, 2005 Nation. River Hill High School in Clarksville, Md. in Mr. YOUNG of Alaska. Mr. Speaker, I rise May we never forget, and continue to honor, 2003. He was a computer whiz with aspira- today to honor Christine Kennedy, the Admin- those who made a commitment to protecting tions of receiving his college degree. However, istrator and Chief Clerk of the House of Rep- the security of our Nation by joining the Armed as the violence in Iraq escalated, Spc. Boswell resentatives Committee on Transportation and Forces. We owe our veterans a tremendous was compelled to volunteer his service and Infrastructure. Mrs. Kennedy has served the debt of gratitude for this commitment, and join the Army shortly after his high school House of Representatives with distinction commend the VA for their pledge to ensure graduation. On the day of his death, Spc. Bos- since 1972. Unfortunately, Mrs. Kennedy will that they continue to receive support and as- well was on his way to meet his brother Mi- be retiring at the end of this year and will be sistance. chael, who was a civilian contract worker starting a new and I am sure equally reward- The men and women of the VA are dedi- based in Baghdad. That reunion never took ing private life. I know that she is looking for- cated each and every day to meeting the place. ward to spending more time with her daughter, needs of the millions of veterans who have Specialist Bernard Ceo of Baltimore was Lauren. defended our Nation’s freedom. raised in a military family. His ambition was to

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A20OC8.064 E20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2151 become a teacher. In fact, before joining the Kemble, who was one of its most ardent, elo- where he was a small but feisty football Army, he worked one-on-one with special quent, and effective defenders. Although he player in high school. His political activism needs students at the Kennedy Krieger High died at the relatively young age of 64, after a began at the University of Colorado, where he helped establish the Colorado chapter of School Career and Technology Center in Balti- year-long struggle with brain cancer, Penn the Young People’s Socialist League. more. One of his colleagues at the school said was an activist on behalf of social causes for After receiving a bachelor’s degree in 1962, that Spc. Ceo was a thoughtful, introspective more than 40 years. Whether arguing on be- he moved to New York and took a job as a young man who was an excellent employee, half of civil rights, supporting organized labor, copy boy at the New York Times. His jour- and would have made an outstanding teacher. which he considered the ‘‘balance wheel of nalism career ended shortly afterward, when Spc. Ceo joined the Army to help pay for col- democracy,’’ or advocating on behalf of demo- the typesetters went out on strike and he re- lege and alleviate financial strain on his family. cratic movements around the world, Penn fused to cross the picket line. Along with his professional goals, Spc. Ceo brought an unparalleled passion combined He stayed in New York and immersed him- was also making plans to marry his longtime with a hardheaded realism to every cause he self in socialist politics, seeking to resurrect girlfriend, Dajae Overton. The two had been adopted. the youth section of the Socialist Party, fa- together for years, and Spc. Ceo even took on Penn through his close affiliation with Sen- mously led earlier in the century by Eugene V. Debs and Norman Thomas. the responsibility of caring for her two children ators Henry Jackson and Daniel Patrick Moy- Muravchik, who also was part of the move- as if they were his own. This selfless act dem- nihan, worked to move the Democratic Party ment, recalled that Mr. Kemble stood out as onstrated that Spc. Ceo was a man of integrity in the direction of strong and ‘‘muscular’’ inter- a ‘‘good-looking, neatly dressed WASP’’ in and honor. nationalism in its foreign policy. As Deputy Di- what was otherwise ‘‘a scruffy-looking Sergeant Brian Conner of Gwynn Oak was rector—and later Acting Director—of the crowd’’ made up primarily of young Jewish a single father of three daughters. Before join- United States Information Agency under Presi- intellectuals. ing the Army, he worked as a fireman for the dent Clinton, he played a strong role in the He was one of the few whites among the Baltimore City Fire Department for 12 years. creation of an international network on civic leadership of the East River chapter of the His sense of humor and clever banter were education and in the establishment of the Congress of Racial Equality, once staging a admired by all who knew him. His older broth- Community of Democracies. Even as the end sit-in that blocked the eastbound lanes of er, Paul said he was good at everything he did of his life drew near, he was busy working to the Triborough Bridge during rush hour. The develop a transatlantic democracy network, aim was to force commuters to ponder the and that joining the Army was Sergeant plight of Harlem residents before arriving Conner’s mission. collaborating with colleagues at the National back at their comfortable homes in the sub- These tragic deaths and these mourning Endowment for Democracy and Freedom urbs. families are a personal reality that we, as a House, where he served as a senior scholar In 1967, he founded Negotiation Now!, people, must have the humanity to confront. after leaving government service. which demanded an end to the bombing of These deaths remind us that sacrifice is never Mr. Speaker, I ask unanimous consent to North Vietnam and a negotiated end to the truly ‘‘shared.’’ place in the RECORD a Washington Post obit- war. There is nothing that any of us can say that uary that chronicles the life of this remarkable In the early 1970s, Mr. Kemble moved to will return these brave young men to their American. Let me take this opportunity to ex- the District and plunged into Democratic families. press my condolences to Penn’s wife Mal and Party politics. After the party’s 1972 presi- the other members of his family. dential debacle, he helped found the Coali- We can only reach out to them—and to all tion for a Democratic Majority. Associated [From the Washington Post, Oct. 19, 2005] who have lost loved ones in Iraq. primarily with Sens. Jackson and Hubert H. We can only stand with these neighbors in POLITICAL ACTIVIST PENN KEMBLE DIES AT 64 Humphrey (D–Minn.), the group sought to their darkest hours—and offer whatever com- (By Joe Holley) move the party back toward the center and fort and support that we can. Penn Kemble, 64, a political activist who refocus its reliance on a traditional blue-col- As the families and loved ones of Samuel considered himself a ‘‘muscular Democrat’’ lar base. Boswell, Bernard Ceo and Brian Conner at- and who kept himself in intellectual fighting Mr. Kemble served as executive director of tempt to endure losses and suffering that no trim by engaging in policy tilts with adver- the group from 1972 to 1976, when he joined saries on both the left and the right, died the New York senatorial campaign of Daniel family should have to confront, we must all re- Oct. 16 of brain cancer at his home in Wash- Patrick Moynihan. He was Moynihan’s spe- commit ourselves to finding a way out of this ington. A former acting director of the U.S. cial assistant and speechwriter until 1979. conflict in Iraq. Information Agency, he was in recent years During the Reagan administration, he We must find a way to bring our troops senior scholar at Freedom House, a non- founded a group called PRODEMCA, or the home on a timetable that is consistent with our partisan, pro-democracy think tank. Committee for Democracy in Central Amer- nation’s commitments to the Iraqi people. Mr. Kemble believed in a robust inter- ica. He caused consternation among many By the end of this year, the Iraqis should nationalism in the tradition of former sen- fellow Democrats by advocating support for have their constitution and government in op- ator Henry M. ‘‘Scoop’’ Jackson (D–Wash.). the anti-communist contra rebels in Nica- He also had an affinity for organized labor, eration. ragua. He sought a democratic middle way which was, in his words, ‘‘the balance wheel between communist Sandinistas and former That is not the reason that we went to of democracy.’’ supporters of rightist dictator Anastasio war—but, nevertheless, it would give some During his career, he helped found or lead Somoza. meaning to our soldiers’ sacrifice. a number of advocacy groups, including the He worked in the Clinton presidential cam- Equally important, the deaths that we mourn Coalition for a Democratic Majority. paign in 1992 and was appointed deputy direc- this week remind us that it is time for a clear A friend and former colleague, Joshua tor of the USIA in 1993. He became USIA’s and reasoned strategy to begin bringing our Muravchik, resident scholar at the American acting director in 1999. Enterprise Institute, noted that Mr. In recent years, Mr. Kemble sought to brave young people home. Kemble’s political and intellectual journey maintain a network of American social Then, perhaps, all of the families who have traversed a path from democratic socialist democrats. From his sickbed, he conceived sacrificed so much because of the war in Iraq to social democrat. It was a journey similar and helped organize a conference dedicated in its rightward arc to that of many promi- can begin to heal the wounds that they have to the thought of philosopher Sydney Hook, nent neoconservatives. Although he occa- been forced to endure. an intellectual model for Mr. Kemble of the sionally took such positions, Mr. Kemble politically engaged social democrat. The f stopped short of leaving the Democratic event took place October, 1. Party and never considered himself a HONORING THE LIFE OF PENN His marriage to Charlotte Rowe ended in KEMBLE neoconservative. He believed, for example, in building a divorce. democratic Iraq but sharply criticized the Survivors include his wife of 22 years, HON. TOM LANTOS Bush administration’s approach on the coun- Marie-Louise ‘‘Mal’’ Caravatti of Wash- try. ‘‘The distinction between liberation and ington; two sisters, Sara Kemble of Columbia OF CALIFORNIA democratization, which requires a strategy and Eugenia Kemble of Washington; and a IN THE HOUSE OF REPRESENTATIVES and instruments, was an idea never under- brother, Grover Kemble of Morristown, N.J. Thursday, October 20, 2005 stood by the administration,’’ he told the Mr. Kemble was in many ways still a so- New Republic last year. cialist, his wife said. ‘‘He believed in the pub- Mr. LANTOS. Mr. Speaker, friends of free- Richard Penn Kemble was born in Worces- lic sector as a civilizing force,’’ she added. dom today are mourning the death of Penn ter, Mass., and grew up in Lancaster, Pa., ‘‘He believed in a role for government.’’

VerDate Aug 31 2005 05:36 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A20OC8.068 E20OCPT1 E2152 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2005 REDUCING THE POTENTIAL FOR Many of the fundamental political decisions Additionally, some of my colleagues have CONFLICT IN THE HORN OF AF- made by the United States on resolving the expressed interest in a thorough study of the RICA border matter were a product of the previous use of section 214, and I would urge these ef- Administration. It is time for our diplomats who forts to be expedited. It is my view that a re- HON. JOE WILSON agree with President Bush when he says that port by the GAO to study the effectiveness of OF SOUTH CAROLINA the spread of democracy, respecting the rule this program in the Pacific Northwest would of law and freedom are key to future security, only yield valuable information that can be IN THE HOUSE OF REPRESENTATIVES to focus on this issue. used to improve and, perhaps, expand the Thursday, October 20, 2005 Mr. Speaker, I respectfully urge the Admin- program. Mr. WILSON of South Carolina. Mr. Speak- istration to convince the Ethiopian government I am proud to be the primary sponsor of this er, five years ago a border war between Eri- to abide by the EEBC’s final decision on the bill and have the endorsement of the entire trea and Ethiopia that killed approximately border to be mutually beneficial for Eritrea and Washington State delegation. I thank my col- 100,000 people seemed to have ended. Hope Ethiopia. leagues for their vote to pass this bill today for peace emerged as both countries agreed f and promptly send it to the President for enactment. to resolve their dispute through international EXTENDING THROUGH DECEMBER arbitration. After two years of debate and dis- 31, 2007, AUTHORITY OF THE SEC- f cussion, the Ethiopia-Eritrea Border Commis- RETARY OF THE ARMY TO AC- sion, EEBC, issued its final and binding deci- HONORING THE SENIOR COM- CEPT AND EXPEND FUNDS CON- PANION PROGRAM OF MONT- sion in 2002 to resolve the long-standing bor- TRIBUTED BY NON-FEDERAL der dispute. GOMERY COUNTY, PENNSYL- PUBLIC ENTITIES TO EXPEDITE VANIA Ethiopia did not agree with the EEBC’s deci- THE PROCESSING OF PERMITS sion, which was meant to be final and binding on both countries. For the past three years SPEECH OF HON. JIM GERLACH since arbitration ended, Ethiopia has refused HON. BRIAN BAIRD OF PENNSYLVANIA to implement the EEBC decision, and the bor- IN THE HOUSE OF REPRESENTATIVES der between the two countries has not been OF WASHINGTON demarcated. IN THE HOUSE OF REPRESENTATIVES Thursday, October 20, 2005 Both countries should abide by the decision. Tuesday, October 18, 2005 Mr. GERLACH. Mr. Speaker, I rise today to I believe our new Assistant Secretary of State Mr. BAIRD. Madam Speaker, I would like to honor the Senior Companion Program, SCP, for African Affairs, Dr. Jendayi Frazer, can as- thank the Subcommittee on Water Resources of Montgomery County, Pennsylvania. sist Ethiopia and Eritrea in working together and the Transportation and Infrastructure The SCP of Montgomery County, Pennsyl- toward implementing the EEBC decision. Committee for expediting the passage of H.R. vania provides an innovative service for senior The time to address this issue is now, and 3765, a commonsense bill that will save jobs citizens in need of additional home care, but not after hostilities begin again. The EEBC de- and continue to promote economic growth. who are not yet ready to enter a nursing cision needs to be fully implemented without I would also like to acknowledge the efforts home. The Montgomery County SCP is the any precondition. Eritrea is ready to implement of Senator MURRAY and Senator CANTWELL for sixth of its kind in Pennsylvania and the 250th it, and Ethiopia must be urged to do so. their efforts in reaching a compromise with SCP in the United States. As a Member of the Armed Services Com- their colleagues and ensuring swift passage The SCP of Montgomery County has been mittee and the International Relations Com- by the Senate. Although I was hoping for a in existence since September 2003. Since that mittee, I see this issue as the kind of chal- longer extension of section 214, I was pleased time, the SCP of Montgomery County has lenge that America can no longer afford to ig- that both Chambers were able to pass a tem- worked diligently to help senior citizens remain nore. The Horn of Africa is a strategic location porary fix before the delay caused irreparable independent at home as long as possible by with strong implications to our success in the economic damage to the Pacific Northwest. having their volunteers, or ‘‘Companions,’’ Global War on Terrorism. Another border war I have been a strong proponent of the sec- make visits to the seniors’ homes and provide in the Horn of Africa would undermine the tion 214 provision since its enactment in care and companionship. hope for peace in Sudan and weaken Amer- WRDA 2000. This provision permits non-fed- The Companions of the SCP are usually ican influence with other border disputes in Af- eral public entities to contribute funds to the low-income senior citizens, committing 20 to rica. Army Corps of Engineers to help expedite the 40 hours a week to help other seniors who are American leadership should not pressure processing of corps permits. In the Pacific frail and in need of additional help. The Com- both sides to renegotiate the final and binding Northwest, we have seen the backlog of per- panions receive a small, tax-free stipend for decision. Eritrea is unwilling to renegotiate the mits grow to over 1,000 in past years and their time spent volunteering. During the visits, EEBC findings, while Ethiopia is calling for seen the residual effect that this has on our the Companions engage in all sorts of daily ‘‘dialogue.’’ The EEBC articulated the demar- region’s economy. This provision has allowed activities from helping seniors with cor- cation process and directives needed to deter- municipalities and ports to move forward with respondence, monitoring medications, playing mine the exact locations on the ground for vital infrastructure projects. By funding addi- games, exercising, helping with errands and border markers. Eritrea supports full imple- tional staff to work on specific, time-intensive appointments, and sharing meals. These ac- mentation of the EEBC decision and demarca- permits, existing corps’ staff is freed up to tivities help seniors continue to lead a regular, tion directives and is therefore ready to work work on the backlog. It is important to empha- active life. The Companions of SCP can also out these technical issues of exact placement size that these entities providing funding are provide much-needed relief for the caregiver in of border markers as stipulated in the EEBC given no partiality by the corps in their review the seniors’ home. decision. Ethiopia’s calls for more dialogue are of the project. Mr. Speaker, I ask that my colleagues join superfluous. The claim that the EEBC used a This provision was extended in 2003 in the me in honoring the Senior Companion Pro- map that was too great a scale to permit clar- FY04 Energy and Water appropriations bill, gram of Montgomery County. The SCP Com- ity of intent is unfounded. and expired on September 30. The temporary panions play a significant role in the Mont- Eritrea is a society almost evenly divided extension passed today, will allow the Army gomery County community by giving back to between Muslims and Christians. Eritrea has Corps to continue section 214 projects until its citizens in very important ways. They have long been a target of al Qaeda and renewed this bill expires on March 31, 2006. It is my worked to improve the overall quality of life for fighting in the Horn would produce opportuni- hope that we can permanently extend this pro- over 200 senior citizens by giving them the ties for it to further undermine America’s inter- vision by passing WRDA this year, a bill that extra help they need in order to remain self- ests. is long overdue for reauthorization. sufficient in their homes.

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HIGHLIGHTS Senate passed H.R. 3058, Transportation/Treasury/HUD/District of Co- lumbia Appropriations. House Committees ordered reported 16 sundry measures. Senate rency manipulation, counterfeiting of manufactured Chamber Action products, and pirating of intellectual property. Routine Proceedings, pages S11061–S11700 Page S11603 Measures Introduced: Eight bills and two resolu- Coburn Amendment No. 2087, to limit the De- tions were introduced, as follows: S. 1898–1905, and partment of Housing and Urban Development’s S. Res. 282–283. Pages S11664–65 funding for conferences. Pages S11607–08 Measures Reported: Grassley/Dorgan Modified Amendment No. 2160, to require the division of the court to release the Report to accompany S. 1736, to provide for the Henry Cisneros independent counsel investigation re- participation of employees in the judicial branch in port and terminate the investigation by the inde- the Federal leave transfer Program for disasters and emergencies. (S. Rept. No. 109–158) pendent counsel. Pages S11621–22, S11627–33 S. 443, to improve the investigation of criminal Bond (for Reed) Amendment No. 2162, to require antitrust offenses. a legal basis for the application of arbitrage bond regulations to reserve funds held by the Clean Water S. 1086, to improve the national program to reg- and Safe Drinking Water State revolving funds. ister and monitor individuals who commit crimes against children or sex offenses, with an amendment Page S11633 in the nature of a substitute. Bond/Murray Amendment No. 2174, to provide S. 1326, to require agencies and persons in posses- that the Administrator of General Services require all sion of computerized data containing sensitive per- credible sustainable building rating systems that sonal information, to disclose security breaches where award credits for certified wood products in the rat- such breach poses a significant risk of identity theft. ing system be included in the published building design criteria or specifications of any solicitation for Page S11664 offers issued by the General Services Administration Measures Passed: for construction of a Federal building or courthouse. Transportation/Treasury/HUD/DC Appropria- Page S11633 tions: By 93 yeas to 1 nay (Vote No. 264), Senate Bond (for Ensign) Modified Amendment No. passed H.R. 3058, making appropriations for the 2146, to provide for free individual tax electronic Departments of Transportation, Treasury, and Hous- preparation and filing services by the Internal Rev- ing and Urban Development, the Judiciary, District enue Service. Page S11634 of Columbia, and independent agencies for the fiscal Bond (for Clinton/Schumer) Amendment No. year ending September 30, 2006, after taking action 2105, to modify the designation relating to a certain on the following amendments proposed thereto: project in the State of New York. Page S11634 Pages S11603–53 Bond (for Clinton/Schumer) Amendment No. Adopted: 2106, to modify the designation relating to a certain Stabenow Amendment No. 2149, to provide re- project in the State of New York. Page S11634 sources to the Administration so that the Adminis- Bond (for Voinovich) Modified Amendment No. tration can enforce existing trade agreements and ob- 2108, to modify certain projects relating to high- ligations, related to trade violations involving cur- ways in the State of Ohio. Page S11634 D1063

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 D1064 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2005 Bond (for Voinovich) Amendment No. 2120, to Bond (for Lott/Lautenberg) Amendment No. make technical corrections to the Safe, Accountable, 2187, to modify the provisions on grants to the Na- Flexible, Efficient Transportation Equity Act: A Leg- tional Passenger Rail Corporation. Page S11640 acy for Users. Page S11634 Bond (for Lautenberg) Amendment No. 2188, to Bond/Murray Amendment No. 2175, of a tech- ensure that airports improve their runway safety nical nature. Page S11634 areas. Page S11641 Bond/Murray Amendment No. 2176, of a tech- Bond (for Landrieu) Modified Amendment No. nical nature. Page S11634 2168, to make available funds for the conduct of a Bond Amendment No. 2177, of a technical na- study and submission of a report relating to catastrophic hurricane evacuation plans. Page S11641 ture. Page S11635 Bond (for Reid) Amendment No. 2178, to pro- Bond (for Landrieu) Modified Amendment No. vide for the conveyance of certain public land in 2167, to set aside funds to provide grants to local governments in the State of Louisiana to address in- Clark County, Nevada for use as a heliport. creased transportation demands in communities that Page S11635 have experienced significant population growth from Bond (for Durbin/Obama) Amendment No. 2179, hurricane evacuees. Page S11641 to require the Secretary of Housing and Urban De- Bond (for Coleman) Amendment No. 2189, to velopment to report to Congress on certain prop- improve the safety of all-terrain vehicles in the erties located in Joliet, Illinois. Page S11635 United States. Page S11641 Bond (for Murray) Amendment No. 2180, of a Coburn Amendment No. 2084, to require that technical nature. Pages S11635–36 any limitation, directive, or earmarking contained in Bingaman Amendment No. 2065, to extend cer- either the House of Representatives or Senate report tain apportionments to primary airports. accompanying this bill be included in the conference Pages S11616–17, S11638 report or joint statement accompanying the bill in Bond (for Levin) Amendment No. 2182, to pro- order to be considered as having been approved by hibit the use of funds for Federal contracts with ex- both Houses of Congress. Page S11607 patriated entities. Page S11640 Bond (for Burns) Amendment No. 2103, to ex- Bond (for Santorum) Amendment No. 2080, to tend the suspended service ticket honor requirement. modify provisions relating to certain Federal con- Page S11641 tracts. Page S11640 Bond (for Ensign) Modified Amendment No. Bond (for Schumer) Amendment No. 2122, to 2119, to amend section 40128(e) of title 49, United allow disabled and non-disabled tenants to keep States Code, to clarify the Lake Mead exemption to their section 8 contracts on their properties post the prohibition of commercial air tour operations foreclosure. Page S11640 over national parks. Page S11641 Bond (for DeWine) Modified Amendment No. Bond (for Coburn) Amendment No. 2190, to en- 2083, to appropriate an additional $6,000,000 for sure fiscal integrity of the payments made by Federal the New Car Assessment Program with a cor- agencies and to prohibit the use of funds until the responding offset in Department of Transportation Department of Housing and Urban Development has reported specific actions taken to estimate improper salaries and expenses. Page S11640 Bond (for Frist) Amendment No. 2183, to fund payments in the community development block grant program as required under the Improper Pay- Habitat for Humanity. Page S11640 ments Information Act of 2002. Pages S11641–42 Bond (for Murray) Amendment No. 2184, to Bond (for Snowe) Amendment No. 2150, to assist make available funds to the Washington State De- certain flight service station employees of the Federal partment of Transportation for track and grade cross- Aviation Administration. Page S11642 ing improvements under the Bridging the Valley Bond (for Coleman) Amendment No. 2173, to re- project between Spokane County, Washington and quire that purchase card payments to Federal con- Kootenai County, Idaho. Page S11640 tractors be subjected to the Federal Payment Levy Bond Amendment No. 2185, to eliminate GSA Program and to require improved reporting of air authority to retain proceeds from sale or other con- travel by Federal Government employees. veyance of real and personal property. Page S11640 Page S11642 Bond (for Nelson (FL)/Smith) Amendment No. Rejected: 2186, to provide the sense of Congress that the Sec- Coburn Modified Amendment No. 2093, to pro- retary of the Treasury should place al-Manar on the hibit any funds under the Act from being used for Specially Designated Global Terrorist list. a parking facility as part of the Joslyn Art Museum Pages S11640–41 Master Plan, in Omaha, Nebraska, for Stand Up for

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1065 Animals in Westerly, Rhode Island for building con- Foreign Service Grievance Board: Senate passed struction, and for the Seattle Art Museum in Seattle, S. 1905, to clarify Foreign Service Grievance Board Washington for the construction of the Olympic procedures. Page S11699 Sculpture Park. (By 86 yeas to 13 nays (Vote No. Azerbaijan Elections: Committee on Foreign Re- 260), Senate tabled the amendment.) Pages S11613–16 lations was discharged from further consideration of By 15 yeas to 82 nays (Vote No. 262), Coburn S. Res. 260, calling for free and fair parliamentary Modified Amendment No. 2165, relative to the re- elections in the Republic of Azerbaijan, and the reso- construction of the Twin Spans Bridge. lution was then agreed to. Pages S11699–S11700 Pages S11624–27, S11636–37 Labor/HHS/Education Appropriations—Agree- By 33 yeas to 61 nays (Vote No. 263), Stevens ment: A unanimous-consent agreement was reached Amendment No. 2181, to ensure reconstruction of providing that at 9:30 a.m. on Friday, October 21, the Twin Spans Bridge. Pages S11636–37 2005, Senate begin consideration of H.R. 3010, Withdrawn: making appropriations for the Departments of Labor, Dorgan Amendment No. 2133, to restrict enforce- Health and Human Services, and Education, and Re- ment of the Cuban Assets Control Regulations with lated Agencies for the fiscal year ending September respect to travel to Cuba. Pages S11623–24 30, 2006, that the committee reported amendment Coburn Amendment No. 2091, to prohibit any be agreed to as original text for the purpose of fur- funds under the Act from being used for the Seattle ther amendment, that no points of order be waived Art Museum in Seattle, Washington for the con- by virtue of this agreement, and that on Friday, Oc- struction of the Olympic Sculpture Park. tober 21, 2005, the bill be considered for debate Pages S11608–13 only. Page S11700 During consideration of this measure today, Senate Messages From the House: Page S11663 also took the following action: By 53 yeas to 46 nays (Vote No. 261), three-fifths Measures Read First Time: Pages S11663, S11696–99 of those Senators duly chosen and sworn, not having Executive Communications: Pages S11663–64 voted in the affirmative, Senate rejected the motion, Executive Reports of Committees: Page S11664 under section 402(b)(6) of H. Con. Res. 95, Con- Additional Cosponsors: Pages S11665–66 gressional Budget Resolution, to waive provisions of said concurrent resolution with respect to the emer- Statements on Introduced Bills/Resolutions: gency designation provision in Reed Amendment Pages S11666–73 No. 2077, to provide for appropriations for the Low- Additional Statements: Pages S11660–63 Income Home Energy Assistance Program. Subse- Amendments Submitted: Pages S11673–95 quently, a point of order that the emergency designation provision would violate section 402(b)(5) of Authority for Committees to Meet: H. Con. Res. 95 was sustained and the provision was Pages S11695–96 stricken. Also, the Chair sustained a point of order Record Votes: Five record votes were taken today. that the amendment would exceed the subcommit- (Total—264) Pages S11615–16, S11623, S11637, S11653 tee’s 302(b) allocation and the amendment thus falls. Adjournment: Senate convened at 9:30 a.m., and Pages S11617–21, S11623 adjourned at 9:01 p.m., until 9:30 a.m., on Friday, Ensign Amendment No. 2158 (to Amendment October 21, 2005. (For Senate’s program, see the re- No. 2133), to amend title 18, United States Code, marks of the Majority Leader in today’s Record on to prohibit taking minors across State lines in cir- page S11700.) cumvention of laws requiring the involvement of parents in abortion decisions, fell when Dorgan Amendment No. 2133 (listed above) was withdrawn. Committee Meetings Page S11615 Senate insisted on its amendment, requested a (Committees not listed did not meet) conference with the House thereon, and the Chair was authorized to appoint the following conferees on EXON-FLORIO AMENDMENT the part of the Senate: Senators Bond, Shelby, Spec- Committee on Banking, Housing, and Urban Affairs: ter, Bennett, Hutchison, DeWine, Brownback, Ste- Committee concluded a hearing to examine the im- vens, Domenici, Burns, Allard, Cochran, Murray, plementation of the Exon-Florio provision by the Byrd, Mikulski, Reid, Kohl, Durbin, Dorgan, Leahy, Committee on Foreign Investment in the United Harkin, Landrieu, and Inouye. Page S11696 States (CFIUS), Department of the Treasury, which

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 D1066 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2005 seeks to serve U.S. investment policy through re- recommendations which it will make to the Com- views that protect national security while maintain- mittee on the Budget thereon. ing the credibility of open investment policy, after receiving testimony from Senator Inhofe; Robert M. ENERGY EFFICIENCY Kimmitt, Deputy Secretary of the Treasury; David Committee on Energy and Natural Resources: Committee Sampson, Deputy Secretary of Commerce; Stewart concluded a hearing to examine S. 1016, to direct Baker, Assistant Secretary of Homeland Security for the Secretary of Energy to make incentive payments Policy; E. Anthony Wayne, Assistant Secretary of to the owners or operators of qualified desalination State for Economic Affairs; Peter Flory, Assistant facilities to partially offset the cost of electrical en- Secretary of Defense for International Security Policy; ergy required to operate the facilities, and S. 1860, Robert D. McCallum, Jr., Acting Deputy Attorney to amend the Energy Policy Act of 2005 to improve General, Department of Justice; Patrick A. Mulloy, energy production and reduce energy demand Commissioner, United States-China Economic and through improved use of reclaimed waters, after re- Security Review Commission; and David Marchick, ceiving testimony from Douglas L. Faulkner, Acting Covington and Burling, Washington, D.C. Assistant Secretary for Energy Efficiency and Renew- able Energy, James B. Roberto, Deputy Director for PASSENGER RAIL SECURITY Science and Technology, Oak Ridge National Lab- Committee on Commerce, Science, and Transportation: oratory, Les Shephard, Vice President for Energy, Committee concluded a hearing to examine S. 1052, Resources and Nonproliferation, Sandia National to improve transportation security, including public Laboratories, and Jane C.S. Long, Associate Director, and private sector actions taken since September 11, Energy and Environment Directorate, Lawrence 2001, and the attacks on rail systems overseas, to en- Livermore National Laboratory, all of the Depart- hance the security of passenger and freight rail trans- ment of Energy; Jim Reynolds, Florida Keys Aque- portation, after receiving testimony from Edmund duct Authority, Key West, on behalf of the U.S. De- Hawley, Assistant Secretary of Homeland Security salination Coalition; Edmund Archuleta, El Paso for Transportation Security; Joseph H. Boardman, Water Utilities, El Paso, Texas, on behalf of the Administrator, Federal Railroad Administration, De- WateReuse Association; Pankaj Parekh, Los Angeles partment of Transportation; Cathleen Ann Berrick, Department of Water and Power, Los Angeles, Cali- Director, Homeland Security and Justice Issues, fornia, on behalf of the Awwa Research Foundation; Government Accountability Office; Edward R. Ham- and Colin Sabol, General Electric Infrastructure, berger, Association of American Railroads, William Trevose, Pennsylvania. L. Crosbie, Amtrak, and Edward Wytkind, Trans- NOMINATIONS portation Trades Department (AFL–CIO), all of Washington, D.C. Committee on Foreign Relations: Committee concluded a hearing to examine the nominations of Benson K. BUSINESS MEETING Whitney, of Minnesota, to be Ambassador to Nor- Committee on Commerce, Science, and Transportation: way, who was introduced by Senators Dayton and Committee ordered favorably reported the following Coleman, Roland Arnall, of California, to be Ambas- bills: sador to the Kingdom of the Netherlands, who was S. 1753, to establish a unified national hazard introduced by Representative Lantos, Susan Rasinski alert system, with an amendment in the nature of a McCaw, of Washington, to be Ambassador to the substitute; and Republic of Austria, who was introduced by Senator S. 967, to amend the Communications Act of Allen, and Nicholas F. Taubman, of Virginia, to be 1934 to ensure that prepackaged news stories con- Ambassador to Romania, who was introduced by tain announcements that inform viewers that the in- Senators Warner and Allen, after the nominees testi- formation within was provided by the United States fied and answered questions in their own behalf. Government, with an amendment in the nature of a substitute. FOREIGN POLICY AND OIL Also, Committee completed its review of certain Committee on Foreign Relations: Subcommittee on Near spending reductions and revenue increases to meet Eastern and South Asian Affairs concluded a hearing reconciliation expenditures as imposed by H. Con. to examine the role that petroleum plays in the Res. 95, establishing the congressional budget for economy and foreign policy, particularly as it relates the United States Government for fiscal year 2006, to the Middle East, after receiving testimony from revising appropriate budgetary levels for fiscal year Stephen J. Gallogly, Director, Office of International 2005, and setting forth appropriate budgetary levels Energy and Commodity Policy, Bureau of Economic for fiscal years 2007 through 2010, and agreed on and Business Affairs, and Alan Greeley Misenheimer,

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1067 Director, Office of Arabian Peninsula and Iran Af- sonal information, to disclose security breaches where fairs, Bureau of Near Eastern Affairs, both of the De- such breach poses a significant risk of identity theft; partment of State; George L. Person, Jr., Director, S. 1086, to improve the national program to reg- Office of African and Middle Eastern Affairs, Office ister and monitor individuals who commit crimes of Policy and International Affairs, Department of against children or sex offenses, with an amendment Energy; Gal Luft, Institute for the Analysis of Glob- in the nature of a substitute; al Security, and Robert E. Ebel, Center for Strategic S. 443, to improve the investigation of criminal and International Studies, both of Washington, D.C.; antitrust offenses; and and Tom Z. Collina, 20/20 Vision, Silver Spring, The nominations of Susan Bieke Neilson, of Maryland. Michigan, to be United States Circuit Judge for the HURRICANE KATRINA Sixth Circuit, John Richard Smoak, to be United Committee on Homeland Security and Governmental Af- States District Judge for the Northern District of fairs: Committee held a hearing to examine the Fed- Florida, Brian Edward Sandoval, to be United States eral emergency management and the response to District Judge for the District of Nevada, Harry Hurricane Katrina in New Orleans, receiving testi- Sandlin Mattice, Jr., to be United States District mony from Marty J. Bahamonde, Regional Director, Judge for the Eastern District of Tennessee, and Office of Public Affairs, Federal Emergency Manage- Margaret Mary Sweeney, of Virginia, and Thomas ment Agency, Department of Homeland Security. Craig Wheeler, of Maryland, each to be a Judge of Hearing recessed subject to the call. the United States Court of Federal Claims. GUARDSMEN/RESERVISTS Also, Committee completed its review of certain spending reductions and revenue increases to meet Committee on Health, Education, Labor, and Pensions: reconciliation expenditures as imposed by H. Con. On Wednesday, October 19, Subcommittee on Em- Res. 95, establishing the congressional budget for ployment and Workplace Safety concluded a hearing the United States Government for fiscal year 2006, to examine enhancing cooperation between employ- revising appropriate budgetary levels for fiscal year ers and guardsmen/reservists, focusing on civilian 2005, and setting forth appropriate budgetary levels and veteran organizations to work together to reach for fiscal years 2007 through 2010, and agreed on out to soldiers returning from the battlefield, after receiving testimony from Ronald J. Fry, SFC, North recommendations which it will make to the Com- Carolina Army National Guard, and Wachovia Cor- mittee on the Budget thereon. poration, Charlotte, North Carolina; Bobby Hol- Also, Committee began markup of S. 1789, to lingsworth, National Committee for Employer Sup- prevent and mitigate identity theft, to ensure pri- port of the Guard and Reserve, Washington, D.C.; vacy, to provide notice of security breaches, and to Dennis Donovan, Home Depot, Inc., Atlanta, Geor- enhance criminal penalties, law enforcement assist- gia; Christine Bierman, Colt Safety, Fire and Rescue, ance, and other protections against security breaches, St. Louis, Missouri; and Lisa Nisenfeld, Southwest fraudulent access, and misuse of personally identifi- Washington Workforce Development Council, Van- able information, but did not complete action there- couver, Washington. on, and recessed subject to call. FEDERAL EMPLOYMENT PROGRAMS MARRIAGE AMENDMENT Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine Federal Committee on the Judiciary: Subcommittee on the Con- employment programs for persons with disabilities, stitution, Civil Rights and Property Rights con- after receiving testimony from Robert A. Lawhead, cluded a hearing to examine the constitutional Employment Link, Boulder, Colorado; Kate Bartlett, amendment on marriage, after receiving testimony Arlington, Massachusetts, on behalf of the National from Scott FitzGibbon, Boston College Law School, Down Syndrome Society; James Gashel, National Boston, Massachusetts; Christopher E. Harris, Van- Federation for the Blind, Baltimore, Maryland; Tony derbilt University School of Medicine, Nashville, Young, NISH, Vienna, Virginia; and Mike Nelson, Tennessee; Louis Michael Seidman, Georgetown Uni- Greeley, Colorado. versity Law Center, Washington, DC.; Richard G. Wilkins, Brigham Young University J. Reuben BUSINESS MEETING Clark Law School, Provo, Utah; and Christopher Committee on the Judiciary: Committee ordered favor- Wolfe, Marquette University, Milwaukee, Wis- ably reported the following business items: consin. S. 1326, to require agencies and persons in possession of computerized data containing sensitive per-

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 D1068 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2005 VA INFORMATION TECHNOLOGY agement Issues, Government Accountability Office; Committee on Veterans Affairs: Committee concluded a and Paul Wohlleben, Grant Thornton LLP, Chicago, hearing to examine the Department of Veterans Af- Illinois, on behalf of the Information Technology As- fairs information technology infrastructure reorga- sociation of America. nization assessment, focusing on the role of the Chief INTELLIGENCE Information Officer in effectively managing informa- Select Committee on Intelligence: Committee met in tion technology, after receiving testimony from Gor- closed session to receive a briefing on certain intel- don H. Mansfield, Deputy Secretary of Veterans Af- ligence matters from officials of the intelligence fairs; Linda D. Koontz, Director, Information Man- community. h House of Representatives little, Alexander, Lewis of California, DeLauro, Hin- Chamber Action chey, Farr, Boyd, Kaptur, and Obey. Page H9011 Public Bills and Resolutions Introduced: 34 pub- Meeting Hour: Agreed that when the House ad- lic bills, H.R. 4090–4123; and 7 resolutions, H.J. journs today, it adjourn to meet at noon on Monday, Res. 69; H. Con. Res. 269–272; and H. Res. October 24th, and when the House adjourns on 504–505 were introduced. Pages H9042–43 Monday, it adjourn to meet at 12:30 p.m. on Tues- Additional Cosponsors: Pages H9043–44 day, October 25th, for Morning Hour Debate. Reports Filed: There were no reports filed today. Page H9014 Protection of Lawful Commerce in Arms Act: Calendar Wednesday: Agreed to dispense with the The House passed S. 397, to prohibit civil liability Calendar Wednesday business of Wednesday, Octo- actions from being brought or continued against ber 26th. Page H9014 manufacturers, distributors, dealers, or importers of Senate Message: Message received from the Senate firearms or ammunition for damages, injunctive or today appears on page H8987. other relief resulting from the misuse of their products by others, by a yea-and-nay vote of 283 yeas to Senate Referrals: S. 1736 was referred to the Com- 144 nays, Roll No. 534—clearing the measure for mittee on Government Reform and S. 1894 was re- the President. Pages H8990–H9011 ferred to the Committee on Ways and Means. H. Res. 493, the rule providing for consideration Page H9040 of the bill was agreed to on Tuesday, October 18th, Quorum Calls—Votes: Two yea-and-nay votes de- by voice vote. veloped during the proceedings of today and appear Moment of Silence: The House observed a moment on pages H9010–11 and H9011. There were no of silence in memory of the victims of the recent quorum calls. earthquake in Pakistan, India and Afghanistan. Adjournment: The House met at 10 a.m. and ad- Page H9011 journed at 4:40 p.m. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appro- priations Act, 2006—Motion to Instruct Con- Committee Meetings ferees: The House rejected the DeLauro motion to instruct conferees on H.R. 2744, to make appropria- VA HEALTHCARE FACILITIES tions for Agriculture, Rural Development, Food and Committee on Appropriations: Subcommittee on Mili- Drug Administration, and Related Agencies for the tary Quality of Life, and Veterans Affairs, and Re- fiscal year ending September 30, 2006, which was lated Agencies held a hearing on VA Capital Asset debated yesterday, October 19th, by a yea-and-nay Realignment for Enhanced Services (CARES) Testi- vote of 209 yeas to 216 nays, Roll No. 535. mony was heard from Jonathan B. Perlin, Under Page H9011 Secretary, Health, Veterans Health Administration, Appointed as Conferees: Representatives Bonilla, Department of Veterans Affairs. Kingston, Latham, Emerson, Goode, LaHood, Doo-

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1069 ARMY’S UP-ARMOR HIGH MOBILITY ricane Katrina recovery that relate to wages and ben- MULTIPURPOSE WHEELED VEHICLE efits to be paid to workers. Committee on Armed Services: Held a hearing on the COMBATING METHAMPHETAMINES Army’s M1114 Up-Armor High Mobility Multipur- Committee on Energy and Commerce: Subcommittee on pose Wheeled Vehicle (UAH) distribution strategy. Health and the Subcommittee on Environment and Testimony was heard from the following officials of Hazardous Materials held a joint hearing entitled the Department of the Army: Francis J. Harvey, Sec- ‘‘Comprehensively Combating Methamphetamines: retary; and GEN Richard A. Cody, USA, Vice Chief Impacts on Health and the Environment.’’ Testi- of Staff. mony was heard from Stephen L. Johnson, Adminis- trator, EPA; Stephanie Colston, Senior Advisor to AERIAL COMMON SENSOR PROGRAM the Administrator, Substance Abuse and Mental Committee on Armed Services: Subcommittee on Tac- Health Services Administration, Department of tical Air and Land Forces and the Subcommittee on Health and Human Services; Joseph T. Rannazzisi, Technical and Tactical Intelligence of the Permanent Deputy Chief, Office of Enforcement Operations, Select Committee on Intelligence held a joint hear- DEA, Department of Justice; and public witnesses. ing on the Aerial Common Sensor Program. Testi- mony was heard from the following officials of the NATIONAL FLOOD INSURANCE Department of Defense: John R. Landon, Deputy to PROGRAM—MANAGEMENT AND the Assistant Secretary of Defense (Command, Con- OVERSIGHT trol, Communications, Intelligence, Surveillance, Re- Committee on Financial Services: Subcommittee on connaissance & IT Acquisition Programs); Claude Housing and Community Opportunity held a hear- Bolton, Assistant Secretary of the Army (Acquisition, ing entitled ‘‘Management and Oversight of the Na- Logistics and Technology); MG Barbara Fast, USA, tional Flood Insurance Program.’’ Testimony was Commanding General/Commandant U.S. Army In- heard from Representatives Baker and Taylor of Mis- telligence Center and Fort Huachuca; Tom Laux, sissippi; David I. Maurstad, Acting Director and Program Executive Officer for Air Anti-Submarine Federal Insurance Administrator, Mitigation Divi- Warfare Assault, and Special Mission Programs and sion, Federal Emergency Management Agency, RADM Bruce Clingan, USN, Deputy Director, Air Emergency Preparedness and Response Directorate, Warfare, both with the Department of the Navy. Department of Homeland Security; and William O. Jenkins, Director, Homeland Security and Justice, BUDGET RECONCILIATION; PERSONAL GAO. RESPONSIBILITY. WORK, AND FAMILY NATIONAL GUARD AT HOME AND PROMOTION ACT; RESOLUTION ABROAD—CRITICAL RULE REQUESTING PRESIDENT TO TRANSMIT TO THE HOUSE INFORMATION RELATING Committee on Government Reform: Held a hearing enti- TO CONTRACTS FOR SERVICES OR tled ‘‘The Critical Role of the National Guard at CONSTRUCTION RELATING TO Home and Abroad.’’ Testimony was heard from the HURRICANE KATRINA following Governors: Edward Rendell, Pennsylvania; and Dirk Kempthorne, Idaho; David M. Walker, Committee on Education and the Workforce: Ordered re- Comptroller General, GAO; the following officials of ported, as amended, to the Committee on the Budg- the Department of Defense: Thomas F. Hall, Assist- et amendments to the Social Security Act, Welfare ant Secretary, Reserve Affairs; and LTG David F. Reform regarding the Committee’s Instructions pur- Melcher, Deputy Chief of Staff, U.S. Army; LTG H. suant to the Conference Report on H. Con. Res. 95, Steven Blum, USA, Chief, National Guard Bureau; Establishing the congressional budget for the United MG Allen Tackett, USA, State Adjutant General, States Government for fiscal year 2006, revising ap- West Virginia; and MG Raymond Rees, USA, State propriate budgetary levels for fiscal year 2005, and Adjutant General, Oregon. setting forth appropriate budgetary levels for fiscal years 2007 through 2010. MISCELLANEOUS MEASURES The Committee also ordered reported the fol- Committee on Government Reform: Ordered reported the lowing: H.R. 240, amended, Personal Responsibility, following bills: H.R. 3256, To designate the facility Work, and Family Promotion Act of 2005; and or- of the United States Postal Service located at 3038 dered unfavorably reported H. Res. 467, Requesting West Liberty Avenue in Pittsburgh, Pennsylvania, as that the President transmit to the House of Rep- the ‘‘Congressman James Grove Fulton Memorial resentatives information in his possession relating to Post Office Building;’’ H.R. 3368, To designate the contracts for services or construction related to Hur- facility of the United States Postal Service located at

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6483 Lincoln Street in Gagetown, Michigan, as the was heard from Florizelle Liser, Assistant U.S. Trade ‘‘Gagetown Veterans Memorial Post Office;’’ H.R. Representative for Africa; and public witnesses. 3548, To designate the facility of the United States SOUTH ASIA EARTHQUAKE Postal Service located on Franklin Avenue in Pearl River, New York, as the ‘‘Heinz Ahlmeyer, Jr., Post Committee on International Relations: Subcommittee on Office Building;’’ H.R. 3770, To designate the facil- Asia and the Pacific held a hearing on South Asia ity of the United States Postal Service located at 205 Earthquake: Impact and Humanitarian Response. West Washington Street in Knox, Indiana, as the Testimony was heard from the following officials of ‘‘Grant W. Green Post Office Building;’’ H.R. 3825, the Department of State: Christina B. Rocca, Assist- To designate the facility of the United States Postal ant Secretary, Bureau of South Asian Affairs; and Service located at 770 Trumbull Drive in Pitts- Michael E. Hess, Assistant Administrator, Democ- burgh, Pennsylvania, as the ‘‘Clayton J. Smith Me- racy, Conflict and Humanitarian Assistance, U.S. morial Post Office Building;’’ H.R. 3989, To des- Agency for International Development; and Peter F. ignate the facility of the United States Postal Service Verga, Principal Deputy Assistant Secretary, Home- located at 37598 Goodhue in Dennison, Minnesota, land Defense, Department of Defense. as the ‘‘Albert Harold Quie Post Office;’’ H.R. OVERSIGHT—VOTING RIGHTS ACT 4053, To designate the facility of the United States Postal Service located at 545 North Rimsdale Ave- Committee on the Judiciary: Subcommittee on the Con- nue in Covina, California, as the ‘‘Lillian Kinkella stitution held an oversight hearing entitled ‘‘ The Keil Post Office;’’ S. 37, To extend the special post- Voting Rights Act: An Examination of the Scope age stamp for breast cancer research for 2 years; H.R. and Criteria for Coverage under the Special Provi- 1455, To amend titled 45 and title 3, United States sions of the Act.’’ Testimony was heard from Mi- Code, to include the Department of Homeland Secu- chael S. Steele, Lieutenant Governor of Maryland; J. rity and the Secretary of Homeland Security in the Gerald Hebert, former Acting Chief, Civil Rights lists of executive departments and officers; H.R. Division, Department of Justice; and public wit- 3496, amended, National Capital Transportation nesses. Amendments Act of 2005; and H.R. 4057, To pro- WATER SUPPLY VULNERABILITIES vide that attorneys employed by the Department of Committee on Resources: Subcommittee on Water and Justice shall be eligible for compensatory time of for Power held an oversight hearing entitled ‘‘Water travel under section 5550b of title 5, United States Supply Vulnerabilities in the Sacramento/San Joa- Code. quin River System.’’ Testimony was heard from Kirk LONDON BOMBINGS Rodgers, Regional Director, Mid-Pacific Region, Bu- Committee on Homeland Security: Subcommittee on reau of Reclamation, Department of the Interior; BG Economic Security, Infrastructure Protection, and Joseph Schroedel, USA, Commander and Division Cybersecurity held a hearing on the London Bomb- Engineer, South Pacific Division, Corps of Engineers, ings: Protecting Civilian Targets from Terrorist At- Department of the Army; Mike Chrisman, Secretary, tacks. Testimony was heard from the following offi- Resources Agency, State of California; and public cials of the Department of Homeland Security: Rob- witnesses. ert Jamison, Deputy Administrator, Transportation SCIENCE, TECHNOLOGY, AND GLOBAL Security Administration; and Robert Stephan, Assist- ECONOMIC COMPETITIVENESS ant Secretary, Infrastructure Protection Division. Committee on Science: Held a hearing on Science, Tech- MITIGATING CATASTROPHIC EVENTS— nology, and Global Economic Competitiveness. Tes- EFFECTIVE MEDICAL RESPONSE timony was heard from public witnesses. Committee on Homeland Security: Subcommittee on Pre- OVERSIGHT—DISASTER REBUILDING vention of Nuclear and Biological Attack held a HIGHWAY AND TRANSIT hearing entitled ‘‘Mitigating Catastrophic Events INFRASTRUCTURE—GULF COAST AFTER through Effective Medical Response.’’ Testimony was KATRINA heard from public witnesses. Committee on Transportation and Infrastructure: Sub- AFRICAN GROWTH AND OPPORTUNITY committee on Highways, Transit and Pipelines an ACT—FIVE YEAR ASSESSMENT oversight hearing on Rebuilding Highway and Tran- Committee on International Relations: Subcommittee on sit Infrastructure on the Gulf Coast following Hurri- Africa, Global Human Rights and International Op- cane Katrina. Testimony was heard from the fol- erations held a hearing on African Growth and Op- lowing officials of the Department of Transportation: portunity Act: A Five-Year Assessment. Testimony J. Richard Capka, Acting Administrator, Federal

VerDate Aug 31 2005 06:07 Oct 21, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC5.REC D20OCPT1 October 20, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1071 Highway Administration; and Susan E. Schruth, As- A. Bascetta, Director, Education, Workforce, and In- sociate Administrator, Federal Transit Administra- come Security Issues, GAO; and John M. Garcia, tion. Secretary, Department of Veterans’ Services, State of New Mexico. OVERSIGHT—DISASTER PROTECTION GULF COAST RECOVERY BRIEFING—GLOBAL UPDATES/HOTSPOTS Committee on Transportation and Infrastructure: Sub- Permanent Select Committee on Intelligence: Met in execu- committee on Water Resources and Environment tive session to receive a Briefing on Global Updates/ held an oversight hearing entitled ‘‘Expert Views on Hotspots. The Committee was briefed by depart- Hurricane and Flood Protection and Water Re- mental witnesses. sources Planning for a Rebuilt Gulf Coast.’’ Testi- BRIEFING—AERIAL COMMON SENSOR mony was heard from the following officials of the PROGRAM Corps of Engineers, Department of the Army: John Paul Woodley, Jr., Assistant Secretary (Civil Works); Permanent Select Committee on Intelligence: Met in execu- and LTG Carl A. Strock, USA, Chief; Benjamin H. tive session to receive a Briefing on Aerial Common Grumbles, Assistant Administrator, Water, EPA; Sensor Program. The Committee was briefed by de- and public witnesses. partmental witnessers. VETERANS LEGISLATION Joint Meetings Committee on Veterans’ Affairs: Ordered reported the following bills: H.R. 3665, amended, Veterans ECONOMIC OUTLOOK Housing Improvement Act of 2005; H.R. 1691, To Joint Economic Committee: Committee concluded a designate the Department of Veterans Affairs out- hearing to examine the current economic outlook, fo- patient clinic in Appleton, Wisconsin, as the ‘‘John cusing on the effects of the recent Gulf Coast hurri- H. Bradley Department of Veterans Affairs Out- canes on the economy of the United States since a patient Clinic;’’ and H.R. 4061, Department of Vet- significant portion of U.S. oil and gas production is erans Affairs Information Technology Management concentrated in the Gulf area, after receiving testi- Improvement Act of 2005. mony from Ben S. Bernanke, Chairman, Council of OVERSIGHT—VA’s DISABILITY Economic Advisers; David F. Seiders, National Asso- COMPENSATION CLAIMS PROCESS ciation of Home Builders, Washington, D.C.; and Mickey D. Levy, Bank of America, and Brad Setser, Committee on Veterans’ Affairs: Subcommittee on Dis- Roubini Global Economics, LLC, both of New York, ability Assistance and Memorial Affairs held an over- New York. sight hearing on variances in disability compensation claims decisions made by the VA Regional Offices, f the Post Traumatic Stress Disorder claims review; COMMITTEE MEETINGS FOR FRIDAY, and United States Court of Appeals for the Federal OCTOBER 21, 2005 Circuit decision Allen v. Principi. Testimony was (Committee meetings are open unless otherwise indicated) heard from the following officials of the Department of Veterans Affairs: Jon A. Wooditch, Acting Inspec- Senate tor General, Audits; Steven H. Brown, M.D., Direc- No meetings/hearings scheduled. tor, Compensation and Pension Examination Project; and Ronald R. Aument, Deputy Under Secretary, House Benefits, Veterans Benefits Administration; Cynthia No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 21 Noon, Monday, October 24

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Monday: To be announced. H.R. 3010, Labor/HHS/Education Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Granger, Kay, Tex., E2139 Myrick, Sue Wilkins, N.C., E2147 Green, Gene, Tex., E2133, E2135 Ortiz, Solomon P., Tex., E2137 Baird, Brian, Wash., E2152 Hastings, Alcee L., Fla., E2144 Paul, Ron, Tex., E2140 Becerra, Xavier, Calif., E2149 Herseth, Stephanie, S.D., E2142 Pence, Mike, Ind., E2139 Bishop, Timothy H., N.Y., E2138 Hoyer, Steny H., Md., E2142 Regula, Ralph, Ohio, E2136, E2149 Bordallo, Madeleine Z., Guam, E2149 Kennedy, Mark R., Minn., E2141 Rogers, Mike, Ala., E2133, E2135 Brown, Sherrod, Ohio, E2140 King, Steve, Iowa, E2149 Rohrabacher, Dana, Calif., E2147 Brown-Waite, Ginny, Fla., E2134, E2135 Kingston, Jack, Ga., E2142 Sa´ nchez, Linda T., Calif., E2148 Cramer, Robert E. (Bud), Jr., Ala., E2144 Langevin, James R., R.I., E2143 Schiff, Adam B., Calif., E2139 Cummings, Elijah E., Md., E2150 Lantos, Tom, Calif., E2151 Sensenbrenner, F. James, Jr., Wisc., E2141 Davis, Jim, Fla., E2141 Lewis, Jerry, Calif., E2142 Simpson, Michael K., Idaho, E2136 DeLauro, Rosa L., Conn., E2138 LoBiondo, Frank A., N.J., E2147 Tancredo, Thomas G., Colo., E2140 Diaz-Balart, Mario, Fla., E2148 Lofgren, Zoe, Calif., E2143 Tauscher, Ellen O., Calif., E2149 English, Phil, Pa., E2148 McKinney, Cynthia A., Ga., E2144 Towns, Edolphus, N.Y., E2133, E2134, E2135, E2136 Everett, Terry, Ala., E2137 Maloney, Carolyn B., N.Y., E2139 Udall, Mark, Colo., E2133, E2134, E2136, E2137 Filner, Bob, Calif., E2143 Miller, George, Calif., E2140 Weller, Jerry, Ill., E2143 Gerlach, Jim, Pa., E2152 Miller, Jeff, Fla., E2148 Wilson, Joe, S.C., E2152 Gibbons, Jim, Nev., E2150 Moran, James P., Va., E2138 Young, Don, Alaska, E2150

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