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

Vol. 151 WASHINGTON, THURSDAY, NOVEMBER 3, 2005 No. 144 House of Representatives The House met at 10 a.m. and was THE JOURNAL Pastor Mitchell and the Bethel AME called to order by the Speaker pro tem- The SPEAKER pro tempore. The family have recently stepped out again pore (Mrs. MILLER of Michigan). Chair has examined the Journal of the on a new mission to help the people of f last day’s proceedings and announces Spokane through the Emmanuel Fam- ily Life Center. This project will con- DESIGNATION OF THE SPEAKER to the House her approval thereof. tinue to help families and individuals PRO TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. receive the help they need to succeed The Speaker pro tempore laid before and live freely. the House the following communica- f In addition to being dedicated to his tion from the Speaker: PLEDGE OF ALLEGIANCE church family, Lonnie Mitchell is also WASHINGTON, DC, a man devoted to his wife, Elisha, and November 3, 2005. The SPEAKER pro tempore. Will the his three children, L.J., ChaeAnna, and I hereby appoint the Honorable CANDICE S. gentleman from Georgia (Mr. WEST- Camille. MILLER to act as Speaker pro tempore on MORELAND) come forward and lead the Madam Speaker, I rise today to this day. House in the Pledge of Allegiance. J. DENNIS HASTERT, honor a man who is leading a church to Mr. WESTMORELAND led the Pledge reach out to those who need it most. I Speaker of the House of Representatives. of Allegiance as follows: f know Congresswoman MCMORRIS is I pledge allegiance to the Flag of the honored to have Pastor Mitchell in her PRAYER United States of America, and to the Repub- home district and to know that he will lic for which it stands, one nation under God, The Reverend Lonnie Mitchell, Sr., indivisible, with liberty and justice for all. always be laboring to help and love Pastor, Bethel African Methodist Epis- others in their community. f copal Church, Spokane, Washington, f offered the following prayer: WELCOMING REV. LONNIE ANNOUNCEMENT BY THE SPEAKER God of mercy, God of grace, pour out MITCHELL, SR. Your spirit upon those chosen to con- PRO TEMPORE duct the business of this great Nation (Mr. REICHERT asked and was given The SPEAKER pro tempore. The in this legislative body. permission to address the House for 1 Chair will now entertain additional 1- We come to You, Lord, with deep rev- minute.) minute speeches, up to 10 per side. erence and confidence in Your power to Mr. REICHERT. Madam Speaker, I f sustain equality and justice for all rise today on behalf of Congresswoman JOURNALIST NEAL PIERCE through those who swore to uphold the CATHY MCMORRIS in honor of Pastor Constitution of the United States of Lonnie Mitchell, Sr. He has shepherded (Mr. BLUMENAUER asked and was America. the people of Bethel AME Church in given permission to address the House We commend to Your care and guid- Spokane, Washington, for 14 years, for 1 minute.) ance each member of the executive, overseeing numerous efforts to love Mr. BLUMENAUER. Last night, legislative, and judicial branches of our and serve the people of Spokane. His friends and colleagues gathered to government. Order their steps in Your church stands as a beacon in one of honor 30 years of outstanding journal- word of truth that You may accom- Spokane’s neediest neighborhoods, istic accomplishments of Neal Pierce, a plish Your will. truly striving to be a cathedral of love founder of the National Journal, editor Lord, we pray for those who have lost where everybody is somebody in Spo- of the Congressional Quarterly, a pro- their lives from war or natural dis- kane and Jesus is the center of the at- lific writer on public affairs, a syn- aster. We pray for poverty-stricken traction. dicated columnist, and author of a lives all over this world. We pray for Under the direction of Pastor Mitch- dozen books. all families affected by life’s calami- ell, Bethel AME is changing the face of His most important contribution has ties. its surrounding community through been his keen observations about State Lord, let freedom reign in the hearts many ministries, including the Richard and local governments, especially and minds of our national leaders to Allen Youth Academy, the Richard about America’s regions, our metro- bring about the ideology of the Found- Allen Apartments, Allen Enterprises, politan areas that have been the loca- ing Fathers: One Nation Under God. the GED education programs, the tion of the growth and cultural and Respectful of all faiths, I humbly ask Neighborhood Networks Program, the economic progress that has made such this in the name of Jesus. Amen. Equal Justice Program, and others. an impact on America.

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

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VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9558 CONGRESSIONAL RECORD — HOUSE November 3, 2005 He has not merely chronicled these stan, and even two more tax cuts that THE AMAZING AMERICAN developments. His insightful analysis have not yet begun to take effect and ECONOMY has helped make communities better. will not even benefit 97 percent of (Mr. PRICE of Georgia asked and was That is the ultimate role of the jour- American families. given permission to address the House nalist and is deeply appreciated by his Madam Speaker, we cannot afford to for 1 minute.) many friends, admirers, and readers, to hold sacred the tax cuts for the Mr. PRICE of Georgia. Madam say nothing of millions of Americans wealthiest Americans at the expense of Speaker, if you were to listen to many who have benefited from his analysis. the values, priorities, or needs of the folks in this Chamber, you would think We thank you, Neal. middle class. Americans deserve better. there was absolutely no good news to f f be heard anywhere. With the chal- lenges this Nation has faced over the STEPHEN F. AUSTIN, FATHER OF NEED FOR BUDGET TEXAS past couple of months, the economy RECONCILIATION ought to be in awful shape. Right? (Mr. POE asked and was given per- (Mr. MCHENRY asked and was given Madam Speaker, there is news that mission to address the House for 1 permission to address the House for 1 you just will not see on the major tele- minute.) minute and to revise and extend his re- vision stations or read in the news- Mr. POE. Madam Speaker, on this marks.) papers, the one success of our economy, day 212 years ago, the Father of Texas, Mr. MCHENRY. Madam Speaker, I the amazing American economy. The Stephen F. Austin, was born. Austin, rise today to support our House Repub- gross domestic product, the most clear only 27 years of age, organized, fi- lican leadership and their pledge to measure of our economic activity, rose nanced, and led the first legal colony of control government spending through by 3.8 percent in the third quarter. Americans to settle a portion of Mex- deficit reduction. We must restore fis- That is an increase of 3.8 percent. That ico called Tejas, or Texas as we call it. cal discipline to the Federal Govern- is in spite of Katrina and Rita and all In 1822, 300 families entered Texas, ment, ensuring our children and grand- the damage that they brought to our this fantastic frontier on the plains of children live in a society based on op- shores. The past 10 quarters have been civilization. Although the settlers were 1 portunity, not dependence on a bloated phenomenal. That is 2 ⁄2 years. Growth loyal to Mexico, a new Mexican Gov- Federal bureaucracy swimming in during that time has been greater than ernment soon began abolishing the greater debt. 3 percent in every quarter and more civil rights of the colonists, so Austin It comes as no surprise to hear often more than 4 percent. That is good went to Mexico to voice concerns over Democrats cry: raise taxes; spend news. the abuses, but he was imprisoned for more. I feel like Bill Murray in And the deficit? Well, that has im- over 2 years. ‘‘Ground Hog Day,’’ that great movie. proved as well, decreasing nearly $100 After finally being released, Austin Regardless of the day, regardless of the billion in the last fiscal year alone. and other Texans decided to go their problem, Democrats have no new ideas, That is good news. own way. Texas declared independence just crying: more taxes; more spending. Madam Speaker, Republicans have a from Mexico. Thousands of well- Higher taxes are a problem, not a so- plan to reform the government in order trained Mexican troops poured into lution, and always lead to larger, more to achieve savings for the American Texas to stop the rebellion. The out- intrusive governments, and larger people. I urge my colleagues to em- numbered Texas volunteers and set- budgets. As elected officials, Madam brace the good news in our plan. tlers fought and died at the brutal bat- Speaker, we must make prudent deci- f tles of Goliad and the Alamo, but ulti- sions to reduce the deficit. I urge my mate victory occurred at the battle of REGARDING IRANIAN PRESIDENT’S colleagues to support deficit reduction San Jacinto in 1836. Austin and others, DISTURBING REMARKS and work constructively to control like Crockett, Travis, Bowie, and Hous- (Mr. MEEKS of New York asked and government spending. ton, finally won the day for freedom. was given permission to address the Texas was free, a new nation, a new re- f House for 1 minute.) Mr. MEEKS of New York. Madam public. The rest, they say, is Texas his- REPUBLICAN BUDGET PRIORITIES tory. Speaker, the world is much smaller f (Mr. DEFAZIO asked and was given today than it was; and when we par- permission to address the House for 1 ticularly focus in on the Middle East, MISPLACED PRIORITIES minute.) we need peace. However, I am deeply (Mr. BISHOP of New York asked and Mr. DEFAZIO. Well, the government disturbed by the remarks of the new was given permission to address the is in a fiscal crisis. We are borrowing Iranian President, Mahmoud House for 1 minute.) $1.2 billion a day to run the govern- Ahmadinejad, when he was addressing Mr. BISHOP of New York. Madam ment under the Bush administration 4,000 students, using the language of Speaker, on Wednesday of last week, and the Republican leadership. They Ayatollah Khomeini, where he says and the Education and the Workforce Com- have raised the national debt to $8 tril- threatens: ‘‘Anybody who recognizes mittee, of which I am a member, passed lion in 5 short years, but now they are Israel will burn in the fire of the Is- the single largest cut to student aid in newly born as fiscal conservatives, and lamic nation’s fury.’’ history. they want to cut $50 billion. Who is this guy? We cannot allow By taking $15 billion out of the Fed- From where? Student loans, the this kind of language to stand in this eral aid programs, the Republican lead- school lunch and breakfast programs, day and age. We must make sure that ership proved again that its agenda is those kids are eating too much, foster we condemn this kind of language and replete with misplaced priorities. When care and child support enforcement to those kinds of acts. Here is a guy with we had the choice to lift up a genera- help the deadbeat dads. They will, un- a questionable background. Some of tion of young Americans by helping fortunately, more than overspend their our hostages say that he is the indi- them achieve the dream of a college cuts to those struggling people and vidual who was there when they were education, we chose instead to give those good programs. They want $70 held in Iran. The international commu- more comfort to the already very com- billion of tax cuts, $20 billion more nity must come together and make fortable. Our differences are profound. added to the sea of red ink that is sure that there are no nuclear reactors It appears that so are our values and drowning America in tax cuts for, there. We must make sure that it is what we perceive to be America’s prior- guess who, the wealthy because trick- clear that we are going to stand by our ities. le-down is the highest form of achieve- friends and allies in Israel in this re- Future generations of Americans are ment in Washington, D.C. these days. gards and that we are going to be the entitled to a basic education, but they They want to bleed struggling Ameri- ones that are going to force peace to be will not be able to afford it after we cans to float the yachts of the wealthy in the Middle East and we are not reconcile how to pay for the hurricane on a sea of red ink one more time while going to have this kind of rhetoric lan- damage, the wars in Iraq and Afghani- lying about what they are doing. guage continuing. We cannot allow this

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9559 man with this questionable background In conclusion, I want to encourage Campbell families and, as we approach to continue to go unchecked. all Americans to set aside time to have Veterans’ Day, all of our Nation’s pa- f what may very well be one of the most triotic veterans to know we appreciate important conversations that a family their service and their commitment. PRIVATE PROPERTY RIGHTS can have. As of October 4, 2005, a total of 206,500 (Mr. WESTMORELAND asked and f Iraqi security forces have been trained was given permission to address the and equipped. That is progress, and the House for 1 minute.) b 1015 American people can be confident that Mr. WESTMORELAND. Madam US VERSUS THEM progress is being made. Speaker, Republicans are moving for- So do not believe the ranting of the (Mr. EMANUEL asked and was given ward to protect one of the most left when they tell you all is lost, that permission to address the House for 1 foundational rights we cherish, the hope is pointless and that we are los- minute and to revise and extend his re- right to own private property. One of ing. We are not. marks.) our great former Presidents, John f Adams, said: ‘‘Property is surely a Mr. EMANUEL. Madam Speaker, an right of mankind as real as liberty.’’ esteemed colleague recently said, it is EXPRESSING CONCERN ABOUT The first Chief Justice of the United much better to be us than to be them. WAR IN IRAQ States Supreme Court said: ‘‘No power He is probably right. It is better to be (Mr. MCGOVERN asked and was on Earth has a right to take our prop- us than a middle-class family burdened given permission to address the House erty from us without our consent.’’ with high energy costs, rising health for 1 minute and to revise and extend We have seen our Supreme Court rule care inflation and $8 trillion in na- his remarks.) that property can be taken from one tional debt. It is probably better to be Mr. MCGOVERN. Madam Speaker, I private owner and given to another. a Republican Member of Congress than rise today to once again express my Republicans in Congress are taking ac- a college student whose loans are about deep concern about this war in Iraq, tion to fix this problem with legisla- to be cut, or a child who has lost their which is a violent, endless quagmire. tion we will consider today on the health care because of a Republican Those of us who dissent on this war House floor. Government should not Congress. support our troops. We honor our and must not have the authority to After years of reckless spending, the troops. We respect our troops. In fact, take property away from private land- Republican Congress has left the Na- one of the things that we have tried to owners for the sole sake of giving it to tion $3 trillion further in the hole. do is urge the other side of the aisle to another private landowner. But rather than going after corporate provide budgets that actually support Madam Speaker, I applaud the efforts welfare, like the $16.5 billion handouts our troops when they come home. of the majority in bringing forward to oil and gas companies, this Congress It is shameful that our veterans’ this important legislation and look for- is about to cut $50 billion from invest- budgets get slashed each and every ward to supporting it on the floor this ments in middle-class families. They year. If Members of Congress are going afternoon. are eliminating nearly 40,000 children’s to send young men and women over to nutritional programs. And while the f Iraq to fight in this war, we had better average year of tuition at a State uni- make sure that when they come back ADVANCE DIRECTIVES versity is now $15,000 a year, the Re- they have the resources they need to (Mr. GINGREY asked and was given publican Congress is cutting student get on with their lives. permission to address the House for 1 loan programs by $14 billion. They are We have lost 2,000 Americans in this minute.) slashing $12 billion from Medicaid, af- war. There is no end in sight. There Mr. GINGREY. Madam Speaker, I fecting nearly 20,000 children currently have been no weapons of mass destruc- rise today in support of the 27th annual covered by the program. tion. There was no imminent threat. National Hospice and Palliative Care For what? So the Republican Con- There was no nuclear threat. There was Month. This month health organiza- gress can cut taxes for the wealthiest 1 no tie to al Qaeda. tions all around the country will be percent. There is no question, it is bet- This war has nothing to do with the educating individuals on what it means ter to be a Republican Member of Con- War on Terror. In fact, it has diverted to have an advance directive, or living gress than a middle-class family. important resources from the overall will. So today I am joining with these Madam Speaker, the American peo- war on terror. We need to get our prior- organizations to encourage everyone to ple deserve better. We can do better. ities straight. We need to focus on the take a moment and discuss with their We need a new set of priorities, a war on terror. Let us end this war in loved ones what their wishes would be change in the status quo. Iraq. in a health care situation where they f f were unable to communicate them. Madam Speaker, the term ‘‘advance SUPPORT FOR THE WAR IN IRAQ HONORING PLAYERS, STAFF AND directive’’ describes two types of legal (Mrs. BLACKBURN asked and was PARENTS OF COUNCIL ROCK- documents that can enable you to plan given permission to address the House NEWTOWN LITTLE LEAGUE for and communicate your end-of-life for 1 minute and to revise and extend TEAM issues in the event you are unable to her remarks.) (Mr. FITZPATRICK of Pennsylvania convey them yourself. Mrs. BLACKBURN. Madam Speaker, asked and was given permission to ad- First, Madam Speaker, is a living night after night we watch the left dress the House for 1 minute and to re- will. It allows you to document your come to the floor and beat the drums of vise and extend his remarks.) wishes concerning medical treatments retreat on the war on terrorism. They Mr. FITZPATRICK of Pennsylvania. at the end of life. The second is a med- want us out of Iraq, they want us out Madam Speaker, it is my honor and ical power of attorney, or health care of the Middle East, and they want us to privilege this week to host the players, proxy, which allows you to appoint a end our aggressive war on terrorism. staff and families of Bucks County, person you trust as your health care I have to admit in my heart I would Pennsylvania’s own Council Rock-New- agent. This person would be authorized like to see the troops home, but my in- town Little League team to our Na- to make medical decisions on your be- tellect tells me we cannot afford to tion’s Capital. half. leave our children a world in which This past August, the CR-Newtown Madam Speaker, living wills and Middle Eastern terrorists have free team defeated the Toms River Amer- medical powers of attorney are valu- reign. ican Little League team of Toms River, able tools to help communicate wishes I want our troops to know that they New Jersey, to qualify for a seat at the about future medical care. Thought- have a grateful Nation behind them, re- 59th Little League World Series. Their fully prepared advance directives can gardless of what they may hear from victory marked the first mid-Atlantic ease the burden on those who must some in this body. I want our Ten- championship for Pennsylvania since make health care decisions for us. nessee National Guardsmen, our Fort 1960, and their 20 post-season victories

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9560 CONGRESSIONAL RECORD — HOUSE November 3, 2005 that led the team through the series dozen court of appeals cases. After consideration of the bill (H.R. 4128) to pro- has made Bucks County as well as being unanimously confirmed by the tect private property rights. The first read- Pennsylvania proud of their achieve- Senate, Judge Alito served on the ing of the bill shall be dispensed with. All points of order against consideration of the ment. Third Circuit Court of Appeals for 15 bill are waived. General debate shall be con- I know that the team will remember years. He is widely respected for his fined to the bill and shall not exceed 90 min- this summer’s season for the rest of fairness and even temperament. utes, with 60 minutes equally divided and their lives. They put their all into Judge Alito is committed to the rule controlled by the chairman and ranking mi- their sport, suffering injury and play- of law and understands the proper role nority member of the Committee on the Ju- ing the underdog. Every one of the of a judge in our society. His record as diciary and 30 minutes equally divided and players on the team has done a wonder- a Federal judge demonstrates that he controlled by the chairman and ranking mi- ful job, and I am proud to acknowledge strictly interprets the law and does not nority member of the Committee on Agri- culture. After general debate the bill shall be their achievement today. legislate from the bench or create new considered for amendment under the five- Madam Speaker, I ask my colleagues policies based on personal opinion. minute rule. It shall be in order to consider to join me in congratulating them on Madam Speaker, Judge Alito has as an original bill for the purpose of amend- their historic season. shown a deep commitment to justice ment under the five-minute rule the amend- f and equality, a mastery of the law and ment in the nature of a substitute rec- strong personal character. I urge the ommended by the Committee on the Judici- AN OPPORTUNITY FOR APEC AND Senate to study his record, hold fair ary now printed in the bill. The committee AMERICA amendment in the nature of a substitute hearings, and give him an up or down shall be considered as read. Notwithstanding (Mr. WILSON of South Carolina vote as soon as possible. clause 11 of rule XVIII, no amendment to the asked and was given permission to ad- f committee amendment in the nature of a dress the House for 1 minute and to re- substitute shall be in order except those vise and extend his remarks.) THE WAR IN IRAQ IS JUST printed in the report of the Committee on Mr. WILSON of South Carolina. (Mr. PENCE asked and was given per- Rules accompanying this resolution. Each Madam Speaker, next week, President mission to address the House for 1 such amendment may be offered only in the Bush will attend the Asia-Pacific Eco- minute and to revise and extend his re- order printed in the report, may be offered nomic Cooperation Forum in Pusan, only by a Member designated in the report, marks.) shall be considered as read, shall be debat- Korea, with representatives from 21 Mr. PENCE. Madam Speaker, it has able for the time specified in the report other member governments. His at- been an extraordinary series of days: equally divided and controlled by the pro- tendance at this forum will highlight closed door sessions in the United ponent and an opponent, shall not be subject the significance of the APEC region, States Senate, accusations and re- to amendment, and shall not be subject to a which now accounts for nearly 40 per- criminations by a former President of demand for division of the question in the cent of the world’s population, over the United States. House or in the Committee of the Whole. All half of world trade, approximately 60 points of order against such amendments are President Jimmy Carter said in the waived. At the conclusion of consideration of percent of the world’s gross domestic last 24 hours that intelligence was the bill for amendment the Committee shall product and creates millions of Amer- ‘‘manipulated’’ in the runup to the war rise and report the bill to the House with ican jobs. in Iraq. And yet, as the Wall Street such amendments as may have been adopted. By discussing his efforts to maintain Journal reports today, Madam Speak- Any Member may demand a separate vote in a robust trade, security and global er, four separate independent inves- the House on any amendment adopted in the health agenda, President Bush will tigations found otherwise. Committee of the Whole to the bill or to the strengthen our valuable partnership committee amendment in the nature of a Let me say from my heart, I was here substitute. The previous question shall be with APEC countries. the night we voted to give the Presi- considered as ordered on the bill and amend- As co-chair of the Mongolia Caucus, I dent the authority to go to war, and it ments thereto to final passage without inter- am particularly proud that President was a combination: Saddam Hussein’s vening motion except one motion to recom- Bush will be the first American Presi- rejection of over a dozen United Na- mit with or without instructions. dent ever to visit the 800-year-old na- tions resolutions, an appalling record The SPEAKER pro tempore (Mrs. tion of Mongolia, a true ally in the on human rights, and the complete MILLER of Michigan). The gentleman global war on terrorism. Mongolia has agreement of every intelligence service from Georgia (Mr. GINGREY) is recog- troops courageously serving in Iraq and in the western world that he possessed nized for 1 hour. Afghanistan. The President’s visit will weapons of mass destruction, a con- Mr. GINGREY. Madam Speaker, for be a fitting way to express our sincere fidence that was derived from the fact the purpose of debate only, I yield the appreciation for Mongolia’s partner- that he not only had possessed them customary 30 minutes to the gen- ship for freedom. before, but Saddam Hussein had used tleman from Massachusetts (Mr. In conclusion, God bless our troops, weapons of mass destruction against MCGOVERN), pending which I yield my- and we will never forget September 11. his own people, killing thousands in self such time as I may consume. Dur- f the early 1990s. ing consideration of this resolution, all time yielded is for the purpose of de- IN SUPPORT OF JUDGE SAMUEL There was no manipulation. The war bate only. ALITO in Iraq was just, is just, and the free- dom of the teeming millions who estab- Madam Speaker, House Resolution (Ms. FOXX asked and was given per- lished a constitutional republic 1 week 527 is a structured rule. It provides 90 mission to address the House for 1 ago supports that conclusion. minutes of general debate, with 60 min- minute and to revise and extend her re- utes equally divided and controlled by f marks.) the chairman and ranking minority Ms. FOXX. Madam Speaker, I rise PROVIDING FOR CONSIDERATION member of the Committee on the Judi- today in support of President Bush’s OF H.R. 4128, PRIVATE PROPERTY ciary and 30 minutes equally divided well-qualified Supreme Court nominee, RIGHTS PROTECTION ACT OF 2005 and controlled by the chairman and Judge Samuel Alito. Mr. GINGREY. Madam Speaker, by ranking member of the Committee on Judge Alito has extensive experience direction of the Committee on Rules, I Agriculture. in the American legal system. During call up House Resolution 527 and ask It waives all points of order against nearly 30 years of public service, he has for its immediate consideration. consideration of the bill. It provides handled difficult and complex legal The Clerk read the resolution, as fol- that the amendment in the nature of a issues. He began his distinguished ca- lows: substitute recommended by the Com- reer with 15 years of service at the U.S. H. RES. 527 mittee on the Judiciary and now print- Department of Justice, where he served ed in the bill shall be considered as an Resolved, That at any time after the adop- as an Assistant U.S. Attorney and As- tion of this resolution the Speaker may, pur- original bill for the purpose of amend- sistant to the Solicitor General. suant to clause 2(b) of rule XVIII, declare the ment, and shall be considered as read. Judge Alito has argued 12 Supreme House resolved into the Committee of the It makes in order only those amend- Court cases and argued at least two Whole House on the state of the Union for ments that are printed in the Rules

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9561 Committee report accompanying the ing property from one private party Madam Speaker, I reserve the bal- resolution. It provides that the amend- and giving it to another private party. ance of my time. ments printed in the report may be If a court determines that a State or a Mr. MCGOVERN. Madam Speaker, I considered only in the order printed, local government violates this prohibi- thank the gentleman from Georgia may be offered only by a Member des- tion, that State or local government (Mr. GINGREY) for yielding me the cus- ignated in the report, shall be consid- will become ineligible for Federal eco- tomary 30 minutes, and I yield myself ered as read, debatable for the time nomic development funds for a period such time as I may consume. specified in the report equally divided of 2 years. (Mr. MCGOVERN asked and was and controlled by the proponent and an Nevertheless, any government found given permission to revise and extend opponent, shall not be subject to in violation of this provision will have his remarks.) amendment, and shall not be subject to an opportunity to restore fully the pri- Mr. MCGOVERN. Madam Speaker, a demand for division of the question vate property owner in order to pre- today I rise in support of the under- in the House or in the Committee of serve Federal economic development lying legislation. H.R. 4128, the Private Property the Whole. This resolution waives all dollars; and by ‘‘fully,’’ I mean com- Rights Protection Act, demonstrates points of order against the amend- pletely restore to its original state that a bipartisan, collaborative effort ments printed in the report, and it pro- prior to the government taking of this can produce sound legislation. This bill vides one motion to recommit, with or property. Additionally, this bill ex- pressly prohibits the Federal Govern- is directly aligned with H. Res. 340, a without instructions. ment from exercising its power of emi- resolution passed by this House on a Madam Speaker, I rise today in full nent domain for economic purposes. So vote of 365 to 33, which expressed support of House Resolution 527 and not just the State and local govern- Congress’s disapproval of the Supreme the underlying bill, H.R. 4128, the Pri- ments, but the Federal Government, as Court’s decision in the case of Kelo v. vate Property Rights Protection Act of well, is prohibited. The City of New London. 2005. I would like, first, to express my Madam Speaker, while the title of In taking the next step, H.R. 4128 personal pleasure in seeing this impor- this bill, the Private Property Rights contains appropriate measures to en- tant piece of legislation come before Protection Act, fits this legislation to sure the protection of private property the House for consideration. a tee, one could also accurately call it and addresses the potential for abuse Since the Supreme Court’s now infa- the Private Property Rights Enhance- under the power of eminent domain. By mous Kelo decision, homes and small ment Act, for this bill will ensure that providing effective deterrents to abuse, businesses across the country have private property owners can take H.R. 4128 protects the constitutional been placed in grave jeopardy and States and local governments to court and legal rights of private property threatened by the government wreck- in order to enforce the provisions of owners. ing ball. this act. And this bill also allows a pre- The majority in the Kelo decision b 1030 vailing property owner to recoup legal found that the City of New London, Connecticut, could condemn and take Madam Speaker, I also want to take and expert fees for litigation involving property as part of its economic revi- this opportunity to commend Rep- the enforcement of this bill. H.R. 4128 answers the call of almost talization plan. Essentially, this deci- resentative SENSENBRENNER, the distin- every American and a diverse, expan- sion grossly expanded the use of emi- guished chairman of the Judiciary sive array of interest groups who have nent domain as granted by the fifth Committee and the author of this legis- railed against the Kelo decision and its amendment. lation; Ranking Member CONYERS; Rep- judicial encroachment on our rights. Madam Speaker, this decision legiti- resentative GOODLATTE, the chairman Listen to these, Madam Speaker: the mized an abuse of the fifth amendment, of the Agriculture Committee; and National Association For the Advance- specifically, the takings clause. Ac- Ranking Member PETERSON not just for ment of Colored People, the NAACP; cording to the Constitution, the gov- the underlying bill, but also for the the American Association of Retired ernment’s taking authority over land thorough and expeditious way in which Persons, AARP; the American Farm that is restricted for public use. Ex- the committees have moved to legisla- Bureau; and various religious groups panding the government’s ability to tively address this Kelo decision. that include the Becket Fund for Reli- strong-arm private property, not nec- With a margin of only one vote, a gious Liberty are just a few of the or- essarily for public use, sets a troubling very divided Supreme Court struck ganizations who stood up in the face of precedent. down over two centuries’ worth of Kelo to fight for the rights of the dis- Thankfully, H.R. 4128 discourages precedent and constitutional protec- advantaged who might lose their home, States and localities from exploiting tions for property owners across this business, or yes, even house of worship eminent domain. Overall, this legisla- great Nation. In response to the deplor- to some well-connected developer’s tion will prohibit State and local gov- able Kelo decision, this body passed sweetheart deal. ernments from receiving Federal eco- House Resolution 340 that I proudly These organizations have stood up nomic development funding should sponsored along with 78 other Members for the rights of rural America which they use eminent domain to seize land from both sides of the aisle; and on grows our food and sustains our coun- for private economic development pur- June 30, 2005, we passed this resolution try. They have stood up for the rights poses. Federal funding will be lost for 2 by a wide margin of 365 to 33. of our houses of worship that should fiscal years if a court determines that Madam Speaker, the very last sub- not have to fear because God does not eminent domain was used improperly. paragraph of House Resolution 340 pay enough in taxes. Madam Speaker, I Madam Speaker, Congress, through states: ‘‘Congress maintains the pre- am proud to say that today we in this its spending powers, is authorized to rogative and reserves the right to ad- House stand with them in defense of impose policies on State and local gov- dress, through legislation, any abuses the private property rights of every ernments through appropriations of of eminent domain by State and local American. Federal funds. In the case of eminent government in light of the ruling in In closing, Madam Speaker, I want to domain abuse, it is the duty of Con- Kelo, et al v. The City of New London, again express my gratitude that this gress to intercede to protect the prop- et al.’’ House has the opportunity to consider erty rights of all Americans. Well, Madam Speaker, the day of re- such a fundamentally important and Protecting the constitutional rights form is at hand, and this Congress has fundamentally just piece of legislation. of our citizens should continue to be on an excellent opportunity to set the By a one-vote margin, the Kelo deci- the forefront of our concerns. Eco- record straight and to reaffirm the tra- sion ripped from the Constitution the nomic development is clearly crucial ditional meaning of the fifth amend- private property rights of the fifth for every community in this country, ment that guarantees no private prop- amendment, and we are going to put but economic development can and erty shall be taken except for public them back. Madam Speaker, I look for- must be achieved without compro- use and with just compensation. ward to the discussion of this rule, and mising our constitutional rights. Accordingly, H.R. 4128 will prohibit I urge my colleagues to support it and I believe that the Kelo case was State and local governments from tak- the underlying bill. wrongly decided. Eminent domain

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9562 CONGRESSIONAL RECORD — HOUSE November 3, 2005 must not grant State and local govern- The previous question was ordered. straightforward and simple, although ments the power to take private prop- The SPEAKER pro tempore (Mrs. the context in which it is offered is cer- erty away from one and give it to an- MILLER of Michigan). The question is tainly not. other, all in the name of economic de- on the resolution. What this motion attempts to do is velopment. Economic development The question was taken; and the simply insist that the $50 million con- takings are not necessarily in the es- Speaker pro tempore announced that tained in the House bill, but not con- sence of public use and, therefore, do the ayes appeared to have it. tained in the Senate bill, for the pur- not constitute the use of eminent do- Mr. GINGREY. Madam Speaker, on pose of retrofitting existing facilities main. that I demand the yeas and nays. and constructing special overhead As Justice Sandra Day O’Connor The yeas and nays were ordered. cover devices to protect soldiers in wrote in her dissent in the case: ‘‘The The SPEAKER pro tempore. Pursu- bases throughout Iraq, is maintained. specter of condemnation hangs over all ant to clause 8 of rule XX and the property. Nothing is to prevent the Chair’s prior announcement, further b 1045 States from replacing any Motel 6 with proceedings on this question will be That overhead cover system would a Ritz-Carlton, any home with a shop- postponed. provide protection from artillery, rock- ping mall, or any farm with a factory.’’ f et-propelled grenades and missile at- Madam Speaker, as Members of Con- tack up to and including 122 millimeter gress, we all took oaths to uphold and GENERAL LEAVE rockets. That is virtually exactly what defend the Constitution. By supporting Mr. WALSH. Madam Speaker, I ask this does. this bill, Members are fulfilling their unanimous consent that all Members But let me, in the context of offering constitutional obligations. may have 5 legislative days within this proposal, make a few observations. This bill, Madam Speaker, is not per- which to revise and extend their re- Even if this motion is adopted, and I fect; but it is needed and it is nec- marks and include extraneous material would certainly expect that it would essary. I am pleased that the Rules on the motion to instruct on H.R. 2528. be, I think that we still must face the Committee made amendments by our The SPEAKER pro tempore. Is there fact that our troops will not be ade- colleagues, Congressman NADLER and objection to the request of the gen- quately protected, nor will American Congressman WATT, in order. They and tleman from New York? citizens abroad be adequately pro- other Members have real concerns with There was no objection. tected so long as our Government is this bill, and their perspectives deserve f still taking actions which discredit to be debated and deserve an up-or- MOTION TO GO TO CONFERENCE this Nation and this Congress is con- down vote. tinuing to neglect its oversight respon- Madam Speaker, while I would prefer ON H.R. 2528, MILITARY QUALITY OF LIFE AND VETERANS AF- sibilities with respect to those actions. an open rule and I, quite frankly, can- Let me give three examples. In 2003, not understand why we do not have an FAIRS APPROPRIATIONS ACT, 2006 it came to the Nation’s attention that open rule here, the Rules Committee the Secretary of Defense had estab- did make all the germane amendments Mr. WALSH. Madam Speaker, pursu- lished an operation known as the Office in order, so we are not going to object ant to clause 1 of rule XXII and by di- of Special Programs, the primary pur- to this rule. rection of the Committee on Appro- pose of which was to vet intelligence I have no further speakers. I urge my priations, I move to take from the and advise Pentagon leadership and the colleagues on both sides of the aisle to Speaker’s table the bill (H.R. 2528) White House on plans for invading Iraq. support the underlying bill and to sup- making appropriations for military That office was staffed by a select port the rule, and let us move on and quality of life functions of the Depart- group handpicked by then Under Sec- get this thing done. ment of Defense, military construc- Madam Speaker, I yield back the bal- retary of Defense Douglas Feith and tion, the Department of Veterans Af- Deputy Secretary Wolfowitz. ance of my time. fairs, and related agencies for the fiscal Mr. GINGREY. Madam Speaker, I It was charged with developing the year ending September 30, 2006, and for rationale for invading Iraq, and it was will close the debate by again thanking other purposes, with Senate amend- both the Committees on the Judiciary created out of a frustration on the part ments thereto, disagree to the Senate of the Vice President and the Secretary and Agriculture for all the hard work amendments, and agree to the con- in bringing this bill to the floor today. of Defense and their allies within the ference asked by the Senate. administration, their frustration that H.R. 4128 would restore the centuries- The Clerk read the title of the bill. old protections guaranteed by the fifth the normal intelligence operations in The SPEAKER pro tempore. The our Government were not being ‘‘suffi- amendment’s takings clause. Property question is on the motion offered by rights have been fundamental to the ciently forward leaning,’’ as the Sec- the gentleman from New York (Mr. retary of Defense put it, in finding foundation of our society and have WALSH). been one of the pillars that have sup- weapons of mass destruction and in The motion was agreed to. building a case for going to war in Iraq. ported our form of government and en- A motion to reconsider was laid on The problem is that that office was abled our Constitution to endure the the table. test of time. While it has only been 4 established to provide information out- MOTION TO INSTRUCT OFFERED BY MR. OBEY months since the Kelo decision, 4 side of the normal channels, and it was Mr. OBEY. Madam Speaker, I offer a months without these fifth amendment even designed to go around the Depart- motion to instruct conferees. protections is 4 months too long; and ment of Defense’s own intelligence op- The Clerk read as follows: eration unit. one abuse of the eminent domain power Mr. Obey moves that the managers on the is one abuse too many. part of the House at the conference on the The problem with that Office of Spe- Therefore, Madam Speaker, following disagreeing votes of the two Houses on the cial Programs is that it relied on so- the passage in the House of Represent- Senate amendments to the bill, H.R. 2528, be called intelligence from like-minded atives today, I would encourage the instructed to insist on the House level to true believers, primarily Ahmad other body to take up this legislation support force protection activities in Iraq. Chalabi and his allies in Iraq. quickly and to pass it so that we can The SPEAKER pro tempore. Pursu- At the time, we asked that the Sur- get it to the President’s desk. ant to clause 7(b) of rule XXII, the gen- veys and Investigations staff of the Ap- I also want to encourage all Members tleman from Wisconsin (Mr. OBEY) and propriations Committee look into this on both sides of the aisle to support the gentleman from New York (Mr. matter and determine what the facts this rule and the underlying bill. Let WALSH) each will control 30 minutes. were surrounding the creation of this us get this done for the American peo- The Chair recognizes the gentleman operation. We obtained some support ple because it is simply the right thing from Wisconsin. from the majority party but not suffi- to do. Mr. OBEY. Madam Speaker, I yield cient support under the rules of the Madam Speaker, I yield back the bal- myself 9 minutes. House in order to allow that surveys ance of my time, and I move the pre- Madam Speaker, let me say that this and investigation study to proceed, and vious question on the resolution. motion to instruct is, I think, fairly so it never took place.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9563 Second, earlier this year, the com- in the paper, and I would associate my- Court, has no way of resolving the long-term mittee became aware of intelligence self with the remarks contained in the status of most detainees. The CIA has no actions that the Department of Defense editorial in the Washington Post this long-term plan for its secret prisoners, whom was taking, actions of an under-the- morning. one agency official described as ‘‘a horrible burden.’’ Mr. Speaker, I include in the RECORD table nature, which a number of us felt For some time a revolt against this disas- were highly inappropriate and highly at this point the editorial which makes trous policy has been gathering steam inside dangerous, classified activities which clear that Congress has not in any way, the administration and in the Senate; it is cannot be discussed in public. shape or form lived up to its respon- led by senators such as John McCain (R- We tried to offer language to assure sibilities, and, in my view, they have Ariz.) and by the same military officers and that in the future such actions would enabled the administration to continue State Department officials who opposed Mr. not be undertaken without proper noti- to cover up its activities with respect Bush’s decision to disregard the Geneva ac- fication to the Congress and to this to Iraq, its activities with respect to cords. Their opponents are a small group of committee. The fact is that when I of- manipulating intelligence, its activi- civilian political appointees circled around fered language to try to do that, I re- Mr. Rumsfeld and Vice President Cheney. ties with respect to allowing agencies According to a report in the New York ceived a phone call from Andy Card, to engage in conduct not at all con- Times, the military professionals want to re- the President’s Staff Chief, and in that sistent with American values or Amer- store Geneva’s protections against cruel phone call he told me that if I would ican interests. treatment to the Pentagon’s official doctrine withdraw that language he would as- [From the Washington Post, Nov. 3, 2005] for handling detainees. Mr. McCain is seek- sure me that this matter would be REBELLION AGAINST ABUSE ing to ban ‘‘cruel, inhuman and degrading’’ treatment for all detainees held by the worked out to the satisfaction of both Last month a prisoner at the Guantanamo United States, including those in the CIA’s the executive and legislative branches. Bay military base excused himself from a secret prisons. In fact, while we have made some conversation with his lawyer and stepped There is no more important issue before small progress in reaching an under- into a cell, where he slashed his arm and the country or Congress. Yet the advocates standing on this matter, there are still hung himself. This desperate attempted sui- of decency and common sense seem to have cide by a detainee held for four years with- two very important issues that have meager support from the Democratic Party. out charge, trial or any clear prospect of re- not been resolved, that the administra- Senate Democrats staged a legislative stunt lease was not isolated. At least 131 Guanta- tion has not agreed to, and they are on Tuesday intended to reopen—once again— namo inmates began a hunger strike on Aug. key issues, including whether or not the debate on prewar intelligence about Iraq. 8 to protest their indefinite confinement, and They have taken no such dramatic stand this Congress will be informed of those more than two dozen are being kept alive against the CIA’s abuses of foreign prisoners; activities in a timely fashion so that only by force-feeding. No wonder Defense on a conference committee considering Mr. the information provided to the Con- Secretary Donald H. Rumsfeld has denied McCain’s amendment, Democratic support gress is, in fact, meaningful. permission to U.N. human rights investiga- has been faltering. While Democrats grand- We are still being stonewalled on tors to meet with detainees at Guantanamo: stand about a war debate that took place Their accounts would surely add to the dis- that matter, and the Congress still, in three years ago; the Bush administration’s credit the United States has earned for its my view, has not lived up to its over- champions of torture are quietly working to lawless treatment of foreign prisoners. sight responsibilities on that matter. preserve policies whose reversal ought to be Guantanamo, however, is not the worst Now, yesterday, we see in the Wash- an urgent priority. ington Post a story which says CIA problem. As The Post’s Dana Priest reported yesterday, the CIA maintains its own net- Madam Speaker, I reserve the bal- holds terror suspects in secret prisons. work of secret prisons, into which 100 or ance of my time. It notes that close to $100 million evi- more terrorist suspects have ‘‘disappeared’’ Mr. WALSH. Madam Speaker, I yield dently was spent to establish these se- as if they were victims of a Third World dic- myself such time as I may consume. cret compounds at which detainees tatorship. Some of the 30 most important Madam Speaker, addressing the sub- were evidently subjected to torture-re- prisoners are being held in secret facilities in stance of this motion, the House in- lated activities, including water-board- Eastern European countries—which should shame democratic governments that only re- cluded $50 million in the military qual- ing, and yet we are told that not a sin- ity of life bill for overhead cover sys- gle member of the Appropriations Com- cently dismantled Soviet-era secret police tems to support force protection in mittee and not a single member of the apparatuses. Held in dark underground cells, the prisoners have no legal rights, no visi- Iraq. This money provides additional staff have been told by the CIA that tors from outside the CIA and no checks on construction funds for protecting sol- that had been going on. their treatment, even by the International diers from indirect fire attacks, such as This committee has an obligation to Red Cross. President Bush has authorized in- protect the power of the purse. In my mortars and rockets. terrogators to subject these men to ‘‘cruel, This funding, along with funding that view, until we take action on this mat- inhuman and degrading’’ treatment that is ter, we stand vulnerable to the justifi- illegal in the United States and that is was included in the supplemental bill able charge that Congress is ignoring banned by a treaty ratified by the Senate. passed earlier this year for the same its responsibilities to protect tax- The governments that allow the CIA prisons purpose, provides the amount the De- payers’ money and to protect the rep- on their territory violate this international partment of Defense says is needed for law, if not their own laws. these activities. utation of the United States inter- This shameful situation is the direct result nationally; And when we do that, we Unfortunately, the other body did of Mr. Bush’s decision in February 2002 to set not see fit to include these funds. We put at risk the very troops that we are aside the Geneva Conventions as well as trying to protect through this motion standing U.S. regulations for the handling of still believe additional money is nec- this morning. detainees. Under the Geneva Conventions, al essary, and we will go into conference Madam Speaker, I would hope that Qaeda militants could have been denied pris- supporting the House position. this language would be supported by oner-of-war status and held indefinitely; Madam Speaker, I reserve the bal- the majority. But I would also hope they could have been interrogated and tried, ance of my time. that this Congress understands that either in U.S. courts or under the military Mr. OBEY. Mr. Speaker, I yield 11⁄2 even if it is, we are failing our funda- system of justice. At the same time they minutes to the gentleman from New would have been protected by Geneva from mental responsibility to the American Jersey (Mr. HOLT). torture and other cruel treatment. Had Mr. Mr. HOLT. Mr. Speaker, I rise to sup- taxpayer if we do not exercise consider- Bush followed that course, the abuse scan- ably more vigorously than we have up dals at Guantanamo Bay and in Afghanistan port my colleague from Wisconsin in to date our responsibilities to see to it and Iraq, and the severe damage they have his effort to shed some light on a large that matters related to Iraq are being caused to the United States, could have been array of questions that are before us. handled in a manner which makes cer- averted. Key authors of the Sept. 11, 2001, at- This cover-up theme of the cover-up tain that the Congress knows what is tacks, such as Khalid Sheikh Mohammed and Congress is so pervasive, and it is not going on, and gives the Congress an op- Ramzi Binalshibh, could have been put on just in this body, it seems to be in the trial, with their crimes exposed to the world. other body. The other body in fact re- portunity to try to make certain that Instead, not a single al Qaeda leader has what is going on is consistent with been prosecuted in the past four years. The cently took some rather extreme par- American values. Pentagon’s system of hearings on the status liamentary measures to force the issue, That certainly is not the case when of Guantanamo detainees, introduced only and some called it a gimmick. But it we see these kinds of horrific headlines after a unanimous ruling by the Supreme seemed to be the only way to break

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9564 CONGRESSIONAL RECORD — HOUSE November 3, 2005 through this cover-up, to get answers b 1100 dent Pinochet in Chile and the ‘‘Dis- to questions that we have in our over- The Congress of the United States appeared’’ under his regime. And I won- sight role in the U.S. Congress, to pro- has even refused to look at and find out der whether or not many Americans vide a balance of power, to be able to why we were not given information and many Members of this Congress serve the American people as we need from the executive branch about the are comfortable with our White House to do. costs of the Medicaid prescription drug being tossed into the same termi- I, for example, have introduced reso- bill. A civil service actuary in the ad- nology, into the same basket as the lutions requesting information about ministration was prohibited from giv- outrageous conduct of the Chilean Gov- the disclosure of identities of covert ing Congress that information. You ernment a number of years ago. agents; and eight times in eight votes would think that Democrats and Re- The editorial goes on to say that here in the House of Representatives publicans would be outraged. Yet the under the policies of the CIA with re- those resolutions have been turned Republicans who run the Congress spect to these institutions ‘‘prisoners down in various committees. Eight refuse to hold hearings on this. have no legal rights, no visitors from times in eight separate votes in various Oversight is very important, and it outside the CIA, and no checks on their committees, these efforts to get the in- stands today in stark contrast to the treatment, even by the International formation that we need in order to way they are behaving with the way Red Cross. . . . President Bush has au- exert the oversight, to protect the men the Republicans handled oversight thorized interrogators to subject these and women that we have asked to do when President Clinton was in power. men to ‘cruel, inhumane and degrad- dangerous jobs around the world. There was not an accusation too small ing’ treatment that is illegal in the Of course, some things clearly have for them to ignore. They ran and called United States and that is banned by a to be kept quiet for the sake of the hearings. They issued subpoenas. They treaty ratified by the Senate. The gov- safety and effectiveness of our troops brought people into a private room to ernments that allow the CIA prisons on overseas and so forth. But Congress has take depositions. The Congress of the their territory violate this inter- a very important oversight role under United States held more days, I believe national law, if not their own laws.’’ the Constitution; and in order to exert it was over a week of public hearings, It then goes on to point out that de- that role, we need information. on whether President Clinton misused spite all of this, ‘‘not a single al Qaeda I applaud the gentleman for doing all his Christmas card list for political leader has been prosecuted in the last 4 that he does to try to break through purpose. Yet we cannot get them to years.’’ It then goes on to say ‘‘the CIA this cover-up theme. hold a hearing on the manipulation of has no long-term plans for its secret Mr. WALSH. Mr. Speaker, I continue intelligence to get us into a war. prisoners whom one agency official de- to reserve the balance of my time. I think that when a Congress does scribed as ‘a horrible burden.’’’ Mr. OBEY. Mr. Speaker, I yield 5 not do its oversight, in effect what Then it notes that a congressional re- minutes to the gentleman from Cali- they are doing is covering things up. bellion against this kind of activity is fornia (Mr. WAXMAN), the ranking They are not letting the American peo- being led in the Senate by Senator member on the Government Reform ple know what its government is doing. MCCAIN and that his main opponents Committee. This is not the government of the Re- are ‘‘a small group of civilian political Mr. WAXMAN. Mr. Speaker, I thank publican Party. This is not the govern- appointees circled around Mr. Rums- the gentleman for yielding me the ment of President Clinton. It is a gov- feld and Vice President Cheney.’’ time. ernment that belongs to the people of The editorial then goes on to say, Mr. Speaker, my colleagues, one of the United States, and our democracy ‘‘According to a report in the New the most important jobs for Congress is cannot work if there is no account- York Times, the military professionals not just to pass laws but to see how the ability and transparency. want to restore Geneva’s protections laws are working. We need to do over- We have never heard of anyone in against cruel treatment to the Pen- sight and to have investigations. The this administration fired for doing a tagon official doctrine for handling de- Constitution envisioned we would do poor job. In fact, if they do a poor tainees. Mr. McCain is seeking to ban this when they had us as a separate enough job, they get elevated. They cruel, inhumane and degrading treat- branch, and this is a way to provide the even get a Medal of Freedom award. No ment for all detainees held by the checks and balances that our Govern- one was fired, no one was held account- United States, including those in the ment was supposed to have in order to able for the failure to have accurate in- CIA secret prisons.’’ avoid the concentration of power in telligence before we went into the war. So I would submit, Mr. Speaker, that any one branch of Government. No one has been fired for anything that in addition to passing this motion We have an executive branch that is been done improperly by this admin- today, this House needs to stand as wants to act as secretly as possible. istration. It is as if it did not happen. one; every single Member of this House They do not want openness. They do I think the Republicans believe if you ought to be willing to support the re- not want transparency. They do not do not have oversight, no one knows tention of the McCain amendment on even want to hear alternative points of about the problem; therefore, the prob- the defense appropriations bill. And I view. lem never existed. Well, I think it is would hope that we would see this I believe that the President of the wrong. We have a responsibility and it House finally face up to its obligations United States surrounds himself with is time that we speak out loudly and on that score. people who tell him exactly what he clearly to insist that the Congress of Mr. WALSH. Mr. Speaker, I reserve wants to hear, and the Republicans the United States live up to that re- the balance of my time. who run the Congress are abetting sponsibility. Mr. OBEY. Mr. Speaker, I yield 5 that. They are helping him avoid get- Mr. Speaker, I support the motion of minutes to the gentleman from Mis- ting a full discussion of the issues when the gentleman. souri (Mr. SKELTON), the distinguished Congress does not pursue oversight and Mr. OBEY. Mr. Speaker, I yield my- ranking member of the Armed Services investigations. self 3 minutes. Committee. Now there are many things that this Mr. Speaker, a moment ago I cited Mr. SKELTON. Mr. Speaker, I thank Congress has failed to do. They have the Washington Post editorial which my friend for yielding. I rise in support failed to look at the manipulation of appeared in the paper today. I would of the motion. intelligence by the President and oth- like to read just a portion of that edi- Mr. Speaker, I left the Armed Serv- ers working for him in the prelude to torial. The editorial reads as follows: ices Committee hearing a moment ago the war. We have not had any hearings ‘‘As The Post’s Dana Priest reported and I heard Command Sergeant Major on that. yesterday, the CIA maintains its own Citola in a very eloquent discussion of They have failed to look at the issues network of secret prisons into which the troops in Iraq say that we are a Na- of how we are spending the taxpayers’ 100 or more terrorist suspects have ‘dis- tion of laws. It was heartening to hear money on some of these contracts in appeared’ as if they were victims of a that. Then the report from The Wash- Iraq, for Katrina and others. They real- Third World dictatorship.’’ ington Post to which the gentleman ly are not doing the diligent job that When I see references to the dis- from Wisconsin refers is a dagger in needs to be done. appeared, my mind goes back to Presi- that thought.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9565 Our men and women in uniform are the Congress with raising and main- tleman from Wisconsin (Mr. OBEY). We serving with tremendous distinction taining the military; and you cannot must provide those we send in to fight around the world in Iraq, Afghanistan, raise and maintain unless you over- in Iraq with everything they need to the Horn of Africa, Korea, Germany, sight, unless you understand the prob- serve, to keep them safe and so that and many other places; and they de- lems that we can cure by law. That is they can return as safe as possible. serve the best protection and support our job. And I think we could do a It is tragic that more than 21⁄2 years we can give them. much, much better job. after the invasion of Iraq, that long a We in Congress are tasked with en- Mr. WALSH. Mr. Speaker, I reserve time, we are still encountering such suring these troops and our veterans the balance of my time. appalling needs in the area of force have all they need. They deserve the Mr. OBEY. Mr. Speaker, I yield my- protection. History will not treat kind- very best. Part of our job comes in pro- self 1 minute. ly those who embarked on a war of viding them with the best equipment, Mr. Speaker, in keeping with the choice without making sure that our training, and benefits. Another part is spirit of this motion to instruct, the troops were properly equipped. Not providing oversight of the policies of purpose of which is to protect Amer- enough body armor, not enough the administration. One of the ques- ican troops, I want to simply say that jammers for protection against explo- tions that I had earlier was when the no matter how hard we try, we are sive devices, not enough armored vehi- Armed Services Committee did not going to have a difficult time doing cles, not enough overhead cover sys- adopt a subcommittee on oversight or that unless we change some unpleasant tems, the list goes on and on. investigations. facts on the ground in Iraq. When more Once again, Congress must deal with Hearken back to the days when the than 80 percent of Iraqis tell pollsters the consequences of the Bush adminis- Chairman of the Joint Chiefs of Staff, that they want America to leave their tration’s bad planning. We have had to David Jones, raised the issue that the country, when almost one-half of Iraqis do it before in the appropriations bills, Joint Chiefs of Staff is not working respond to pollsters by saying that and we are doing it here today with the well and that there is a lack of they believe that terrorist attacks on gentleman from Wisconsin’s motion to jointness within our military. It was U.S. troop are justified, we have a seri- instruct. Congress has a responsibility to find the committee on investigations under ous problem. the gentleman from Alabama, Bill In my view, we are not going to be out why so many things about Iraq have gone so terribly wrong. This Re- Nichols, that worked for some 4 years able to turn that around until we make publican cover-up Congress has never and came up with the landmark law clear that our policies are consistent lived up to the oversight responsibility that we now call Goldwater-Nichols. with our interests and our professed That was oversight. to ask the questions. values. We need to get to the bottom of One of the essential elements of the By oversight, we must ensure that how we got into Iraq and how we are force protection, for example, is good our military forces are employed ap- conducting this operation in Iraq now. intelligence. Our Nation spends billions propriately; when there are problems, We need to get to the bottom of that. of dollars each year on intelligence that they are investigated fairly and We need to determine who is respon- programs and activities, and when they properly, as they were in Chairman sible for some of the stories that we do not produce timely and reliable in- Nichols’ work. have seen in the papers the past few telligence, we make the American peo- I have supported calls for more vig- days; and if we do not do that, we are ple less safe, and Congress has a duty orous investigations of the failure in going to continue to invite the kind of to find out why. prewar intelligence on weapons of mass negative opinion around the world that The intelligence used as the justifica- destruction and for a likely post-war is plaguing our ability to succeed in tion for the administration’s decision situation in Iraq. I have also supported Iraq. I would hope that this House to go into war in Iraq was wrong. That a Truman-like commission to look at would recognize that responsibility. Iraq possessed weapons of mass de- contracting problems in Iraq. Unfortu- Mr. WALSH. Mr. Speaker, as I stated struction, that was wrong. I said at the nately, those efforts have not been un- at the outset, we believe that the time that the intelligence did not sup- dertaken; and they, sadly, fell on deaf House position to provide an additional port the threat that the administration ears. $50 million in the Military Quality of was describing, but, nonetheless, the In my own Armed Services Com- Life Subcommittee appropriations bill intelligence that they were using was mittee there have been many efforts to provide additional overhead cover wrong. that have been undertaken in a bipar- system is essential. And we would go Given the enormous consequences of tisan manner. This is good. A noble ex- into the conference hoping that the that decision, more than 2,000 Amer- ample is our joint effort to ensure that Senate would see the wisdom of what ican soldiers have been killed; more more up-armored Humvees and other the House has done and retain the than 15,000 wounded, many of them per- force protection equipment reached the House position. manently; more than a quarter of a field despite the failure to plan ade- Mr. Speaker, I yield back the balance trillion dollars spent; and enormous quately for their needs. That is a very of my time. damage done to the reputation of the positive step we did. Yet even in our b 1115 United States in the eyes of the world. committee, we need to do better when The cost of lives and limbs and tax- it comes to oversight in key areas of Mr. OBEY. Mr. Speaker, I yield the payer dollars and reputation is enor- our policy relating to Iraq and the war balance of my time to the distin- mous. on terror. Notably, I feel there must be guished minority leader (Ms. PELOSI). Congress has an obligation to iden- additional policy and additional over- Ms. PELOSI. Mr. Speaker, I thank tify and correct the problems that led sight of our treatment of detainees in the distinguished gentleman for yield- to the production of false intelligence. theaters around the world. ing and for his leadership on this issue. Our troops are at risk until that is The question I have, Mr. Speaker, in I am pleased to join the gentleman done; and yet, as we address other force regard to the article to which the gen- from Missouri (Mr. SKELTON) in salut- protection issues, there is no sense of tleman from Wisconsin refers, was ing our troops. Wherever they are serv- urgency to undertake a thorough re- there any connection between what the ing, at home or abroad, we owe them a view of what went wrong with the in- allegations are by the CIA and the De- deep debt of gratitude for their cour- telligence. Neither the issue of the partment of Defense or anyone therein. age, for their patriotism, for the sac- quality of the intelligence nor the That, I think, is a matter of oversight rifices they are willing to make for our equally important issue of whether in- and one that we need to at least have country. We are very, very proud of telligence was politicized have been in- a briefing or a hearing thereon. them, and when they come home, we vestigated by this Congress. Increased oversight will allow us want to honor their service by giving That is why shortly I will offer the both to understand the systematic them what they need as veterans, and House a chance to do more for force causes of these cases of abuse, the right those needs will be large. protection than provide the $50 million solutions to be enacted into law. That Mr. Speaker, I strongly support the in this motion to instruct, as impor- is our job. The Constitution charges motion to instruct offered by the gen- tant as that money is.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9566 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Democrats have continually asked Whereas four separate requests to hold a false premise without proper plan- for investigation of pre-war intel- hearings on the disclosure of the CIA opera- ning and putting our young people at tive were denied in the Government Reform ligence, and those requests have been risk. In that period of time, that 21⁄2 repeatedly denied. The same is true for Committee, and Resolutions of Inquiry were years, over 2,000 Americans have lost rejected in the Intelligence, Judiciary, requests to investigate the other mat- Armed Services, and International Relations their lives. Every single one of them is ters related to the war in Iraq: The Committees; precious to us, but, as the toll mounts, prison abuse scandals, the no-bid Halli- Whereas the American people have spent the grief does as well. Over 15,000 of our burton reconstruction contracts, the $20.9 billion dollars to rebuild Iraq with young people have lost their limbs, misuse of classified information to dis- much of the money squandered on no-bid 15,000 have been injured, many of them credit administration critics. contracts for Halliburton and other favored permanently, many with loss of limb Each of these matters has national contractors; and sight, at a cost of over $250 billion, security implications that need to be Whereas Halliburton received a sole-source a quarter of a trillion dollars, to the contract worth $7 billion to implement the examined, particularly on the issue of restoration of Iraq’s oil infrastructure, and a taxpayer and just endless cost to our going to war and the conduct of war. senior Army Corps of Engineers official reputation in the world. Congress has an obligation to make wrote that the sole-source contract was ‘‘co- I think it begs the question, are we sure that decisions were made properly ordinated with the Vice President’s office’’; safer in America because of this war? and that these decisions are based on Whereas despite these revelations, on July What is this war doing to the prepared- truth and trust. 22, 2004 the Republican controlled Govern- ness of our troops? I think that the an- Until the Congress examines fully ment Reform Committee voted to reject a swer to both of those is negative, and I issues like whether intelligence was subpoena by Democratic Members appro- think it calls for an examination of priately seeking information on communica- what the intelligence was to get us politicized, we have failed in a funda- tions of the Vice President’s office on award- mental way to protect our troops and ing contracts to Halliburton; there in the first place. Was it manipu- maintain a level of trust with the Whereas prisoner abuses at Abu Ghraib lated? Why was there no plan for us to American people. prison in Iraq, Guantanamo, and Afghani- go into Iraq, a post-war plan for after I urge the House to support both the stan have seriously damaged the reputation the fall of Iraq, as well as an exit strat- Obey motion to instruct and my subse- of the United States, and increased the dan- egy? quent resolution on Iraq. ger to U.S. personnel serving in Iraq and The American people love freedom The SPEAKER pro tempore (Mr. abroad; for ourselves and for people throughout Whereas the Republican Leadership and GINGREY). Without objection, the pre- the world, but we have to examine Committee Chairmen have denied requests what the cost of this war is and why vious question is ordered on the motion for hearings, defeated resolutions of inquiry to instruct. for information, and failed to aggressively even the Republican Department of De- There was no objection. pursue serious allegations, including how far fense has said—— The SPEAKER pro tempore. The up the chain of command the responsibility Mr. YOUNG of Alaska. Mr. Speaker, question is on the motion to instruct lies for the treatment of detainees; regular order. offered by the gentleman from Wis- Whereas the oversight of decisions and ac- The SPEAKER pro tempore. The consin (Mr. OBEY). tions of other branches of government is an Chair must ask the distinguished mi- The motion was agreed to. established and fundamental responsibility nority leader to confine her comments of Congress; to the rule IX question. f Whereas the Republican Leadership and Ms. PELOSI. Mr. Speaker, I thought QUESTION OF PRIVILEGES OF THE the Chairmen of the committees of jurisdic- there was no objection and that we HOUSE tion have failed to undertake meaningful, were just speaking on the resolution. Is substantive investigations of any of the Ms. PELOSI. Mr. Speaker, because abuses pertaining to the Iraq war, including that a mistake? My impression from the Republican-led Congress has not the manipulation of pre-war intelligence, the what you said when you yielded to me conducted any investigations of abuses public release of a covert operative’s name, was that there was no objection, and by the Republican administration’s de- the role of the Vice President in Iraqi recon- did I wish to speak on the motion. cision to go to war in Iraq, and because struction, and the Abu Ghraib prisoner abuse The SPEAKER pro tempore. The mi- the over 2,000 American soldiers have scandal: Therefore be it nority leader was recognized on the Resolved, That the House calls upon the Re- lost their lives and more than 15,000 question of whether or not her resolu- publican Leadership and Chairmen of the tion presents a question of the privi- have been wounded, therefore, pursu- committees of jurisdiction to comply with ant to rule IX, I rise in regard to a leges of the House. their oversight responsibilities, demands Ms. PELOSI. Mr. Speaker, then I will question of privileges of the House, and they conduct a thorough investigation of just conclude by saying, can the Chair I offer a privileged resolution. abuses relating to the Iraq War, and con- The SPEAKER pro tempore. The demns their refusal to conduct oversight of please explain why it is not in order to Clerk will report the resolution. The an Executive Branch controlled by the same discuss on the floor of this House, of Clerk read the resolution, as follows: party, which is in contradiction to the estab- this great democratic institution, a sit- lished rules of standing committees and Con- uation where our young people are in PRIVILEGED RESOLUTION ON IRAQ gressional precedent. harm’s way, the death toll mounts, the Whereas the war in Iraq has resulted in the The SPEAKER pro tempore. Does the injuries mount, the cost to the tax- loss of over 2,000 American lives and more than 15,000 wounded soldiers, and has cost minority leader wish to offer argument payer mounts, the cost to our reputa- the American people $190 billion dollars; on the parliamentary question whether tion mounts, and we have a cover-up Whereas the basis for going to war was the resolution presents a question of Congress that will not investigate, will Iraq’s alleged possession of weapons of mass the privileges of the House? not ask any questions about the intel- destruction (WMD) and the President made a Ms. PELOSI. Yes, I do, Mr. Speaker. ligence which was wrong, which got us series of misleading statements regarding The SPEAKER pro tempore. The gen- into war in the first place and the lack threats posed by Iraq, but no weapons of tlewoman from California (Ms. PELOSI) of a plan providing for our troops, what mass destruction have been found; is recognized. they need to serve and to come home Whereas the Republican Leadership and Committee Chairmen have repeatedly denied Ms. PELOSI. Mr. Speaker, I do not safely and soon? Why is that not in requests by Democratic Members to com- hear an objection to my motion. order on the floor of the House? plete an investigation of pre-war intelligence The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The on Iraq and have ignored the question of tlewoman is recognized to offer argu- question is not whether such a debate whether that intelligence was manipulated ment on whether the resolution is priv- is in order but whether the resolution for political purposes; ileged. is a question of privilege. Whereas the Vice President’s Chief of Staff Ms. PELOSI. Mr. Speaker, I will reit- Under rule IX, questions of the privi- Lewis Libby has been indicted on five counts erate some of what I said in the motion leges of the House are those ‘‘affecting of perjury, obstruction of justice, and mak- the rights of the House collectively, its ing false statements in connection with the to instruct. 1 disclosure of the identity of a CIA operative, For the past 2 ⁄2 years since our coun- safety, its dignity [or] the integrity of and that disclosure was part of a pattern of try has gone to war, we have paid a big its proceedings.’’ A question of the Administration efforts to discredit critics of price for a bad policy based on faulty privileges of the House may not be in- the Iraq war; intelligence which was wrong, based on voked to effect an interpretation of the

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9567 rules of the House, or to prescribe an MOTION TO TABLE OFFERED BY MR. WALSH Wamp Whitfield Wolf order of business for the House, or to Weldon (FL) Wicker Young (AK) Mr. WALSH. Mr. Speaker, I move to Weller Wilson (NM) Young (FL) establish a norm for the conduct of lay the appeal on the table. Westmoreland Wilson (SC) business by the House or its commit- The SPEAKER pro tempore. The NAYS—191 tees. question is on the motion that the ap- In some circumstances, the manner Abercrombie Grijalva Napolitano peal be laid on the table. Ackerman Gutierrez Neal (MA) in which business is conducted might The question was taken; and the Allen Harman Oberstar properly be arraigned by a question of Speaker pro tempore announced that Andrews Herseth Obey Baca Higgins Olver the privileges of the House. But the the ayes appeared to have it. Chair must maintain a distinction be- Baird Hinchey Ortiz Ms. PELOSI. Mr. Speaker, on that I Baldwin Hinojosa Owens tween, for example, an allegation of demand the yeas and nays. Barrow Holden Pallone willful malfeasance by a Member, offi- Bean Holt Pascrell The yeas and nays were ordered. cer, employee, or committee of the Becerra Honda Pastor House, on one hand, and an allegation The SPEAKER pro tempore. Pursu- Berkley Hooley Payne ant to clause 8 of rule XX, this 15- Berman Hoyer Pelosi that a Member, officer, employee, or Berry Inslee Peterson (MN) committee of the House failed to follow minute vote on the motion to table Bishop (GA) Israel Pomeroy a course of action that the proponent will be followed by a 5-minute vote on Bishop (NY) Jackson (IL) Price (NC) adoption of House Resolution 527. Blumenauer Jackson-Lee Rahall of the resolution or others consider ad- Boren (TX) Rangel visable. The vote was taken by electronic de- Boucher Jefferson Reyes As Speaker pro tempore Cox noted in vice, and there were—yeas 220, nays Brown (OH) Johnson, E. B. Ross the decision of September 20, 1888 191, not voting 22, as follows: Brown, Corrine Jones (OH) Rothman Capps Kanjorski Ruppersberger (which is recorded in Hinds’ Precedents [Roll No. 562] Capuano Kaptur Rush at volume 3, section 2601), there need YEAS—220 Cardin Kennedy (RI) Ryan (OH) be an allegation of, at least, impro- Cardoza Kildee Sabo Aderholt Garrett (NJ) Moran (KS) Carnahan Kilpatrick (MI) Salazar priety. Akin Gerlach Murphy Carson Kind Sa´ nchez, Linda Alexander Gibbons Musgrave b 1130 Case Kucinich T. Bachus Gilchrest Myrick Chandler Langevin Sanchez, Loretta The Chair must hold that the resolu- Baker Gillmor Neugebauer Clay Lantos Sanders Barrett (SC) Gingrey Ney tion offered by the distinguished mi- Cleaver Larsen (WA) Schakowsky Bartlett (MD) Gohmert Northup Clyburn Larson (CT) Schwartz (PA) nority leader does not affect the rights Barton (TX) Goode Nunes Conyers Lee Scott (GA) of the House collectively, its safety, its Bass Goodlatte Nussle Cooper Levin Scott (VA) Beauprez Granger Osborne Costa Lewis (GA) Sherman dignity, or the integrity of its pro- Biggert Graves Otter ceedings within the meaning of rule IX. Costello Lipinski Skelton Bilirakis Green (WI) Oxley Cramer Lofgren, Zoe Slaughter As such, the resolution does not con- Blackburn Gutknecht Paul Crowley Lowey Smith (WA) stitute a question of privilege. Blunt Harris Pearce Cuellar Lynch Snyder Boehlert Hart Pence Davis (AL) Maloney Solis Mr. OBEY. Mr. Speaker, I must con- Boehner Hastings (WA) Peterson (PA) fess I am confused about where we are Davis (CA) Markey Spratt Bonilla Hayes Petri Davis (IL) Matheson Stark at this point. I thought I heard the Bonner Hayworth Pickering Davis (TN) Matsui Strickland Speaker—— Bono Hefley Pitts DeFazio McCarthy Stupak Boozman Hensarling Platts DeGette McCollum (MN) Tanner The SPEAKER pro tempore (Mr. Boustany Herger Poe GINGREY). The gentleman is not recog- Delahunt McDermott Tauscher Bradley (NH) Hobson Porter DeLauro McGovern Taylor (MS) nized for debate. Brady (TX) Hoekstra Price (GA) Dicks McIntyre Thompson (CA) Ms. PELOSI. Mr. Speaker, is it not Brown (SC) Hostettler Pryce (OH) Dingell McKinney Thompson (MS) Burgess Hulshof Putnam Doggett McNulty Tierney appropriate for a Member to speak on a Burton (IN) Hunter Radanovich point of order? Is it not appropriate for Doyle Meehan Udall (CO) Buyer Hyde Ramstad Edwards Meek (FL) Udall (NM) the gentleman from Wisconsin to be Calvert Inglis (SC) Regula Emanuel Meeks (NY) Van Hollen able to speak on a point of order that Camp Issa Rehberg Engel Melancon Vela´ zquez Cannon Jenkins Reichert Eshoo Menendez Visclosky was lodged by the other side? Cantor Jindal Renzi The SPEAKER pro tempore. The Etheridge Michaud Wasserman Capito Johnson (CT) Reynolds Evans Millender- Schultz Chair has ruled. The question of order Carter Johnson (IL) Rogers (AL) Farr McDonald Waters has already been disposed of. Castle Johnson, Sam Rogers (KY) Fattah Miller (NC) Watson Chocola Jones (NC) Rogers (MI) Filner Miller, George Watt PARLIAMENTARY INQUIRY Coble Keller Rohrabacher Ford Mollohan Waxman Mr. OBEY. Mr. Speaker, parliamen- Cole (OK) Kelly Ros-Lehtinen Frank (MA) Moore (KS) Weiner tary inquiry. Conaway Kennedy (MN) Royce Gonzalez Moore (WI) Wexler Crenshaw King (IA) Ryan (WI) Gordon Moran (VA) Woolsey The SPEAKER pro tempore. The gen- Cubin Kingston Ryun (KS) tleman may state his inquiry. Green, Al Murtha Wu Culberson Kirk Saxton Green, Gene Nadler Wynn Mr. OBEY. Mr. Speaker, I thought I Cunningham Kline Schmidt just heard you indicate that for the Davis (KY) Knollenberg Schwarz (MI) NOT VOTING—22 Davis, Jo Ann Kolbe Sensenbrenner Bishop (UT) Cummings Pombo motion to be in order one of the ques- Davis, Tom Kuhl (NY) Sessions Boswell Davis (FL) tions that might have to be present Deal (GA) LaHood Shadegg Roybal-Allard Boyd Hall DeLay Latham Shaw Schiff was the question of the dignity of the Brady (PA) Hastings (FL) Dent LaTourette Shays Serrano House. When we are told that $100 mil- Brown-Waite, Istook Diaz-Balart, L. Leach Sherwood Tiahrt Ginny King (NY) lion of taxpayers’ money has been Diaz-Balart, M. Lewis (CA) Shimkus Towns Butterfield McMorris slipped into an appropriation bill for an Doolittle Lewis (KY) Shuster Weldon (PA) Chabot Norwood illegal purpose, is that not, in fact, a Drake Linder Simmons challenge to the dignity of the House? Dreier LoBiondo Simpson Duncan Lucas Smith (NJ) b 1158 The SPEAKER pro tempore. That is Ehlers Lungren, Daniel Smith (TX) not an appropriate parliamentary in- Emerson E. Sodrel Mr. HIGGINS, Ms. ESHOO, Mr. quiry at this stage. English (PA) Mack Souder DAVIS of Tennessee, Ms. Everett Manzullo Stearns WASSERMAN SCHULTZ, Messrs. Ms. PELOSI. Mr. Speaker, I think it Feeney Marchant Sullivan brings shame to the House for this Con- Ferguson Marshall Sweeney GORDON, GENE GREEN of Texas, gress to be engaged in a cover-up when Fitzpatrick (PA) McCaul (TX) Tancredo ABERCROMBIE, PASTOR, and RUSH it comes to reviewing what is hap- Flake McCotter Taylor (NC) changed their vote from ‘‘yea’’ to Foley McCrery Terry pening in Iraq, and I appeal the ruling Forbes McHenry Thomas ‘‘nay.’’ of the Chair. Fortenberry McHugh Thornberry Messrs. MCHENRY, PENCE, The SPEAKER pro tempore. The Fossella McKeon Tiberi SOUDER, and Mrs. BLACKBURN question is, shall the decision of the Foxx Mica Turner changed their vote from ‘‘nay’’ to Franks (AZ) Miller (FL) Upton Chair stand as the judgment of the Frelinghuysen Miller (MI) Walden (OR) ‘‘yea.’’ House. Gallegly Miller, Gary Walsh So the motion to table was agreed to.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9568 CONGRESSIONAL RECORD — HOUSE November 3, 2005 The result of the vote was announced Knollenberg Neugebauer Shadegg PERSONAL EXPLANATION as above recorded. Kolbe Ney Shaw Kucinich Northup Shays Mr. BUTTERFIELD. Mr. Speaker, on rollcall A motion to reconsider was laid on Kuhl (NY) Nunes Sherman No. 562, had I been present I would have the table. LaHood Nussle Sherwood voted ‘‘nay.’’ On rollcall No. 563, had I been Langevin Oberstar Shimkus present I would have voted ‘‘aye.’’ f Lantos Obey Shuster Larsen (WA) Ortiz Simmons f Larson (CT) Osborne PROVIDING FOR CONSIDERATION Simpson Latham Otter Skelton APPOINTMENT OF CONFEREES ON LaTourette Owens OF H.R. 4128, PRIVATE PROPERTY Slaughter H.R. 2528, MILITARY QUALITY OF Leach Oxley RIGHTS PROTECTION ACT OF 2005 Smith (NJ) Lee Pallone LIFE AND VETERANS AFFAIRS Smith (TX) The SPEAKER pro tempore (Mr. Levin Pascrell APPROPRIATIONS ACT, 2006 Smith (WA) Lewis (CA) Paul FOSSELLA). The pending business is the Snyder The SPEAKER pro tempore (Mr. Lewis (GA) Payne vote on adoption of House Resolution Lewis (KY) Pearce Sodrel FOSSELLA). Without objection, the 527 on which the yeas and nays are or- Linder Pelosi Solis Chair appoints the following conferees: dered. Lipinski Pence Souder Spratt Mr. WALSH, Mr. ADERHOLT, Mrs. The Clerk read the title of the resolu- LoBiondo Peterson (MN) Lofgren, Zoe Peterson (PA) Stark NORTHUP, Messrs. SIMPSON, CRENSHAW, tion. Lowey Petri Stearns YOUNG of Florida, KIRK, REHBERG, The SPEAKER pro tempore. The Lucas Pickering Strickland CARTER, LEWIS of California, EDWARDS, Stupak question is on the resolution. Lungren, Daniel Pitts FARR, BOYD, BISHOP of Georgia, PRICE E. Platts Sullivan This will be a 5-minute vote. Lynch Poe Sweeney of North Carolina, CRAMER, and OBEY. The vote was taken by electronic de- Mack Pomeroy Tancredo There was no objection. Tanner vice, and there were—yeas 401, nays 11, Maloney Porter f not voting 21, as follows: Manzullo Price (GA) Tauscher Marchant Price (NC) Taylor (NC) APPOINTMENT OF CONFEREES ON [Roll No. 563] Markey Pryce (OH) Terry H.R. 889, COAST GUARD AND YEAS—401 Marshall Putnam Thomas Matheson Radanovich Thompson (CA) MARITIME TRANSPORTATION Abercrombie Cole (OK) Gibbons Matsui Rahall Thompson (MS) ACT OF 2005 Ackerman Conaway Gilchrest McCollum (MN) Ramstad Thornberry Aderholt Conyers Gillmor McCotter Rangel Tiberi Mr. YOUNG of Alaska. Mr. Speaker, I Akin Cooper Gingrey McCrery Regula Tierney ask unanimous consent to take from Alexander Costa Gohmert McGovern Rehberg Turner Allen Costello Gonzalez the Speaker’s table the bill (H.R. 889) McHenry Reichert Udall (CO) Andrews Cramer Goode to authorize appropriations for the McHugh Renzi Udall (NM) Baca Crenshaw Goodlatte McIntyre Reyes Upton Coast Guard for fiscal year 2006, to Bachus Crowley Gordon McKeon Reynolds make technical corrections to various Baird Cubin Granger Van Hollen McKinney Rogers (AL) ´ Baker Cuellar Graves Velazquez laws administered by the Coast Guard, McNulty Rogers (KY) Visclosky Baldwin Culberson Green (WI) Meehan Rogers (MI) and for other purposes, with a Senate Barrett (SC) Cummings Green, Al Walden (OR) Meek (FL) Rohrabacher Walsh amendment thereto, disagree to the Barrow Cunningham Green, Gene Meeks (NY) Ros-Lehtinen Wamp Senate amendment, and agree to the Bartlett (MD) Davis (AL) Gutierrez Melancon Ross Wasserman Barton (TX) Davis (CA) Gutknecht Menendez Royce conference asked by the Senate. Schultz Bass Davis (IL) Harman Mica Ruppersberger The Clerk read the title of the bill. Waters Bean Davis (KY) Harris Michaud Rush The SPEAKER pro tempore. Is there Watson Beauprez Davis (TN) Hart Millender- Ryan (OH) objection to the request of the gen- Becerra Davis, Jo Ann Hastings (WA) Watt McDonald Ryan (WI) tleman from Alaska? Berkley Davis, Tom Hayes Miller (FL) Ryun (KS) Waxman Berman Deal (GA) Hayworth Miller (MI) Salazar Weiner There was no objection. Berry DeFazio Hefley Miller (NC) Sa´ nchez, Linda Weldon (FL) MOTION TO INSTRUCT OFFERED BY MR. Biggert DeGette Hensarling Weldon (PA) Miller, Gary T. OBERSTAR Bilirakis Delahunt Herger Weller Miller, George Sanchez, Loretta Mr. OBERSTAR. Mr. Speaker, I offer Bishop (GA) DeLauro Herseth Mollohan Sanders Westmoreland Bishop (NY) DeLay Higgins Moore (KS) Saxton Wexler a motion to instruct conferees. Blackburn Dent Hinchey Moore (WI) Schakowsky Whitfield The Clerk read as follows: Blumenauer Diaz-Balart, L. Hinojosa Wicker Moran (KS) Schmidt Mr. OBERSTAR moves that the man- Blunt Diaz-Balart, M. Hobson Moran (VA) Schwartz (PA) Wilson (NM) Boehlert Dicks Hoekstra Murphy Schwarz (MI) Wilson (SC) agers on the part of the House at the Boehner Dingell Holden Murtha Scott (GA) Wolf conference on the disagreeing votes of Bonilla Doggett Honda Musgrave Scott (VA) Woolsey the two Houses on the bill (H.R. 889) to Bonner Doolittle Hooley Myrick Sensenbrenner Wynn Bono Doyle Hostettler Napolitano Serrano Young (AK) authorize appropriations for the Coast Boozman Drake Hoyer Neal (MA) Sessions Young (FL) Guard for fiscal year 2006, to make Boren Dreier Hulshof technical corrections to various laws Boucher Duncan Hunter NAYS—11 Boustany Edwards Hyde administered by the Coast Guard, and Bradley (NH) Ehlers Inglis (SC) Grijalva Nadler Sabo for other purposes, be instructed to in- Brady (TX) Emanuel Inslee Holt Olver Taylor (MS) sist on section 603 of the House bill. Brown (OH) Emerson Israel Jones (OH) Pastor Wu Brown (SC) Engel Issa McDermott Rothman The SPEAKER pro tempore. Pursu- Brown, Corrine English (PA) Jackson (IL) ant to clause 7(b) of rule XXII, the gen- NOT VOTING—21 Burgess Eshoo Jackson-Lee tleman from Minnesota (Mr. OBERSTAR) Burton (IN) Etheridge (TX) Bishop (UT) Davis (FL) Norwood and the gentleman from Alaska (Mr. Buyer Evans Jefferson Boswell Hall Pombo Calvert Everett Jenkins Boyd Hastings (FL) Roybal-Allard YOUNG) each will control 30 minutes. Camp Farr Jindal Brady (PA) Istook Schiff The Chair recognizes the gentleman Cannon Fattah Johnson (CT) Brown-Waite, King (NY) Tiahrt from Minnesota. Cantor Feeney Johnson (IL) Ginny McCarthy Towns Mr. OBERSTAR. Mr. Speaker, we Capito Ferguson Johnson, E. B. Butterfield McCaul (TX) Capps Filner Johnson, Sam Chabot McMorris will not take anywhere near the time Capuano Fitzpatrick (PA) Jones (NC) allotted. I will take a few moments to Cardin Flake Kanjorski explain the motion which the gen- Cardoza Foley Kaptur b 1207 Carnahan Forbes Keller tleman from Alaska, the chairman of Carson Ford Kelly Mr. JACKSON of Illinois changed his our committee, and I have discussed Carter Fortenberry Kennedy (MN) vote from ‘‘nay’’ to ‘‘yea.’’ previously. Case Fossella Kennedy (RI) The subject of this motion is summed Castle Foxx Kildee So the resolution was agreed to. Chandler Frank (MA) Kilpatrick (MI) up by a committee hearing held earlier Chocola Franks (AZ) Kind The result of the vote was announced this year on the tragedy that occurred Clay Frelinghuysen King (IA) as above recorded. November 26, 2004. The Athos, 750-foot Cleaver Gallegly Kingston Clyburn Garrett (NJ) Kirk A motion to reconsider was laid on single-hull tank vessel, hit a sub- Coble Gerlach Kline the table. merged object in Delaware Bay just

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9569 south of Philadelphia, spilling 265,000 This legislation was developed PERMISSION FOR COMMITTEE ON gallons of heavy crude oil. through the regular committee process THE JUDICIARY TO FILE SUP- In January of this year, our Sub- on a completely bipartisan basis. PLEMENTAL REPORT ON H.R. committee on Coast Guard and Mari- Further, this bill is supported by the 4128, PRIVATE PROPERTY RIGHTS time Transportation held a field hear- oil and shipping industries as a com- PROTECTION ACT OF 2005 ing on this marine casualty in Phila- monsense measure that both increases Mr. SENSENBRENNER. Mr. Speak- delphia. The Coast Guard estimated the industries’ responsibilities and er, I ask unanimous consent that the that the costs of cleanup and natural maintains the protections of the Oil Committee on the Judiciary be allowed resources damages resulting from the Spill Liability Trust Fund to deal with to file a supplemental report to accom- grounding of the Athos I could be in the any other major oil spills in the future. pany H.R. 4128, the Private Property range of $200 million. Under current Mr. Speaker, this motion to instruct Rights Protection Act of 2005, prior to law, the owners of the vessel would be is one I agree with and, therefore, I its passage today. liable for costs of only up to $45 mil- urge that we accept it. The SPEAKER pro tempore. Is there lion. Mr. Speaker, I yield back the balance objection to the request of the gen- At that hearing, the Chairman, the of my time. gentleman from New Jersey (Mr. tleman from Wisconsin? Mr. OBERSTAR. Mr. Speaker, there There was no objection. LOBIONDO), and our newly elected is no comparable provision that I am f Member, the gentlewoman from Penn- aware of, and that is why I think it is sylvania (Ms. SCHWARTZ), raised the important for the House to insist on MESSAGE FROM THE SENATE concern that the limits of the vessel this language, a position that I know A message from the Senate by Ms. owner’s liability for response, cleanup, the Chairman will stoutly defend, and Curtis, one of its clerks, announced and restoration to the damages caused we will have unanimous support on our that the Senate agrees to the report of by this spill were relatively modest, set side. We will have a bipartisan posi- the committee of conference on the when the Oil Pollution Act of 1990 was tion. disagreeing votes of the two Houses on enacted over 15 years ago. The Chair- Mr. LOBIONDO. Mr. Speaker, I rise in the amendment of the Senate to the man and I both remember, when we strong support of the gentleman from Min- served on the Merchant Marine and bill (H.R. 2744) ‘‘An Act making appro- nesota’s motion to instruct. Fisheries Committee, we were part of priations for Agriculture, Rural Devel- As the gentleman knows, this provision was setting that oil pollution liability opment, Food and Drug Administra- originally included in H.R. 1412, the Delaware limit. We have not increased those lim- tion, and Related Agencies for the fis- River Protection Act, which I introduced and its since that time even though infla- cal year ending September 30, 2006, and which passed with unanimous support in the tion has actually overtaken. for other purposes.’’. With the leadership of the chairman House. I thank Chairman YOUNG, and Ranking f Member OBERSTAR for including the provisions of the subcommittee and the gentle- GENERAL LEAVE woman from Philadelphia and to en- of that bill as part of H.R. 889, the Coast sure that the limits do not again be- Guard and Maritime Transportation Act of Mr. SENSENBRENNER. Mr. Speak- come out of date, Section 603 directs 2005. er, I ask unanimous consent that all the President to adjust limits of liabil- I thank the co-sponsors of the original legis- Members may have 5 legislative days ity. First, Section 603 adjusts the li- lation for their assistance in crafting this provi- within which to revise and extend their ability limits to account for the infla- sion: Mr. SAXTON, Mr. CASTLE, Mr. ANDREWS remarks and include extraneous mate- tion of the past 15 years, since the Oil and Ms. SCHWARTZ, and I urge my colleagues rial on H.R. 4128. Pollution Act was enacted. Secondly, to support the motion to instruct and the un- The SPEAKER pro tempore. Is there the provision requires that the Presi- derlying bill as we move to conference with objection to the request of the gen- dent adjust these liability limits not the Senate. tleman from Wisconsin? less than every 3 years to reflect Mr. OBERSTAR. Mr. Speaker, I yield There was no objection. changes in the Consumer Price Index back the balance of my time. f The SPEAKER pro tempore. Without since the last adjustment. PRIVATE PROPERTY RIGHTS objection, the previous question is or- I thank the chairman of the Sub- PROTECTION ACT OF 2005 committee on Coast Guard and Mari- dered on the motion to instruct. time Transportation, the gentlewoman There was no objection. The SPEAKER pro tempore. Pursu- from Philadelphia (Ms. SCHWARTZ), and The SPEAKER pro tempore. The ant to House Resolution 527 and rule especially our chairman who has con- question is on the motion to instruct XVIII, the Chair declares the House in curred, and we worked together in offered by the gentleman from Min- the Committee of the Whole House on crafting this language to ensure that nesota (Mr. OBERSTAR). the State of the Union for the consider- the Coast Guard reauthorization bill The motion was agreed to. ation of the bill, H.R. 4128. includes this provision and the other A motion to reconsider was laid on b 1402 provisions of H.R. 1412, the Delaware the table. IN THE COMMITTEE OF THE WHOLE River Protection Act of 2005. I think it The SPEAKER pro tempore. The is an important step forward for the Chair will appoint conferees at a later Accordingly, the House resolved environment, for the taxpayers, and for time. itself into the Committee of the Whole safety of the future. House on the State of the Union for the Mr. OBERSTAR. Mr. Speaker, I re- f consideration of the bill (H.R. 4128) to protect private property rights, with serve the balance of my time. RECESS Mr. YOUNG of Alaska. Mr. Speaker, I Mr. KLINE in the chair. yield myself such time as I may con- The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill. sume. ant to clause 12(a) of rule I, the Chair The CHAIRMAN. Pursuant to the (Mr. YOUNG of Alaska asked and was declares the House in recess subject to rule, the bill is considered read the given permission to revise and extend the call of the Chair. first time. his remarks.) Accordingly (at 12 o’clock and 14 General debate shall not exceed 90 Mr. YOUNG of Alaska. Mr. Speaker, I minutes p.m.), the House stood in re- minutes, with 60 minutes equally di- rise in strong support of the gentle- cess subject to the call of the Chair. vided and controlled by the chairman man’s motion to instruct. f and the ranking minority member of H.R. 889, which was passed unani- the Committee on the Judiciary, and 30 mously by this House, includes a provi- b 1400 minutes equally divided and controlled sion that would increase liability lim- by the chairman and ranking minority its by approximately 50 percent for AFTER RECESS member of the Committee on Agri- double-hull tank vessels and would, for The recess having expired, the House culture. the first time, establish higher liabil- was called to order by the Speaker pro The gentleman from Wisconsin (Mr. ity limits for single-hull tank vessels. tempore (Mr. DOOLITTLE) at 2 p.m. SENSENBRENNER) and the gentleman

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9570 CONGRESSIONAL RECORD — HOUSE November 3, 2005 from Michigan (Mr. CONYERS) each will A week after the Supreme Court’s Mr. Chairman, I urge all of my col- control 30 minutes and the gentleman now notorious Kelo decision, I intro- leagues to join me in supporting this from Virginia (Mr. GOODLATTE) and the duced H.R. 3135, the Private Property vital bipartisan legislation that will gentleman from Minnesota (Mr. PETER- Rights Protection Act, to help restore protect the property rights of the most SON) each will control 15 minutes. Americans’ property rights the Su- vulnerable in our society and limit the The Chair recognizes the gentleman preme Court took away. On October 25, effect of the now notorious Kelo deci- from Wisconsin. I introduced an even stronger version sion. Mr. SENSENBRENNER. Mr. Chair- of the bill which we are considering Mr. Chairman, I reserve the balance man, I yield myself such time as I may today, which has benefited greatly of my time. consume. from the contributions of Ranking Mr. CONYERS. Mr. Chairman, I yield Mr. Chairman, I rise in support of Member CONYERS, Ms. WATERS, Mr. myself 5 minutes. H.R. 4128, the Private Property Rights GOODLATTE, and others, including Mr. Mr. Chairman, I rise in support of the Restoration Act, overwhelmingly bi- CANNON and Mr. FLAKE. measure before us today, the Private partisan legislation I introduced along H.R. 4128 helps restore the property Property Rights Act of 2005. I am with Agriculture Committee Chairman rights of all Americans by establishing pleased to join with my chairman, Mr. GOODLATTE and Judiciary Ranking a penalty for States and localities that SENSENBRENNER; the gentlewoman Member CONYERS. abuse their eminent domain power by from California (Ms. WATERS); and the On June 23, the Supreme Court in a 5 denying those States and localities gentleman from Virginia (Mr. SCOTT) to 4 decision in the case of Kelo v. City that commit such abuse all Federal in support of this measure. of New London transformed established economic development funds for a pe- This legislation was introduced in re- constitutional principles when it held riod of 2 years. Under this legislation, sponse to the Supreme Court’s decision that the fifth amendment’s public use there is a clear connection between the in Kelo in June of this year, which clause permitted government to seize Federal funds that would be denied and shocked most Americans because if the private property of one small the abuse Congress is intending to pre- State and local governments can trans- homeowner and to give it to a large vent. If States and localities abuse fer property from one private owner to corporation for a private business use. their eminent domain power by using another based on a judgment which As the dissent in that case made economic development as a rationale will produce the most taxes and jobs, clear, under the majority’s opinion: for a taking, they shall not receive then, in essence, no one’s property is ‘‘Any property may now be taken for Federal economic development funds safe. Increasingly, governments across the benefit of another private party. that could contribute to similarly abu- the country are taking private prop- The government now has the license to sive land grabs. erty for public use in the name of ‘‘eco- transfer property from those with I am very mindful of the long history nomic development.’’ Under the guise fewer resources to those with more. of eminent domain abuses, particularly of economic development, private prop- The Founders cannot have intended in low-income and often predominantly erty is being taken and transferred to this perverse result.’’ minority neighborhoods, and the need another private owner, so long as the Reaction to the Kelo decision has to stop it. I am also very mindful of the new owner will use the property in a united strong opposition from across reasons we should allow the govern- way that the government deems more the political, ideological, and socio- ment to take land when the way in beneficial to the public. economic spectrum. The NAACP and which the land is being used con- In fact, in Detroit, Michigan, we have the AARP faulted Kelo’s failing rea- stitutes an immediate threat to public faced the same kinds of issues that soning by stating: ‘‘The takings that health and safety. I believe this bill ac- arose in the Kelo case. The infamous result from the Court’s decision will complishes both goals. Poletown decision in the Michigan Su- disproportionately affect and harm the The legislation contains an express preme Court in 1981 allowed the City of economically disadvantaged and, in private right of action to make certain Detroit to bulldoze an entire neighbor- particular, racial and ethnic minorities that those suffering injuries from a hood, complete with 1,000 or more resi- and the elderly.’’ violation of the bill will be allowed to dences, 600 or more businesses, and nu- Representatives of religious organi- access the State or Federal court to en- merous churches in order to give the zations have also condemned the failed force its provisions and includes a fee- property to General Motors for an logic of the Kelo Court, stating: shifting provision, identical to those in automobile plant. This case set a ‘‘Houses of worship and other religious other civil rights laws, that permits precedent, both in Michigan and across institutions are, by their very nature, the recovery of attorney and other liti- the country, for widespread abuse of nonprofit and almost universally tax gation fees to prevailing property own- the power of eminent domain. In De- exempt. These fundamental character- ers. The legislation gives the States troit, eminent domain was subse- istics of religious institutions render and localities the clear opportunity to quently used to make way for casinos. their property singularly vulnerable to cure any violation before they lose any Fortunately, the Michigan Supreme being taken under the rationale ap- Federal economic development funds Court reversed its decision. Citizens in proved by the Supreme Court.’’ by either returning or replacing the most other States, though, have not Public reaction to the Kelo decision improperly taken property to the prop- been afforded the same protection and has also been swift and strong. The erty owner. have witnessed an increase in takings protection of private property rights is H.R. 4128 also includes carefully for economic development that has the number one issue that concerns crafted refinements of the definition of been rationalized in Kelo. As a result, a Americans today, according to a Wall ‘‘economic development’’ that specifi- Federal legislative response to Kelo is Street Journal/NBC News poll; and by cally allow the types of takings that, warranted; and today I am pleased to an 11-to-1 margin, Americans say they prior to the Kelo decision, had achieved say that we take up a response with oppose the taking of private property a consensus as to their appropriate- friends on both sides of the aisle. for private uses, even if it is for the ness. These include takings in which This act before us now will afford our public economic good. the public itself owns the property, citizens greater protections against According to an American Survey where the property is used by a com- governments’ forced takings for pri- poll: ‘‘Public support for limiting the mon carrier or public utility, and for vate development. First, the State and power of eminent domain is robust and related infrastructure like pipelines, local government will not be able to cuts across demographic and partisan and where the property is abandoned. any longer exploit eminent domain for groups.’’ Even Justice John Paul Ste- Finally, in order to facilitate State private development without con- vens, who authored the Court’s 5 to 4 compliance with its terms, the bill will sequence. Second, a more traditional decision, recently acknowledged that if not become effective until the start of view of public use is advanced so that he were a legislator, he would oppose the first fiscal year following enact- we protect property interests as well as the results of his own ruling by work- ment of the legislation, nor would it meet contemporary challenges. Third, ing to change current law. That is what apply to any project for which con- we set an example for States and cities we are doing here today, working to demnation proceedings have begun as to how our citizens’ property rights change current law. prior to its enactment. must be protected.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9571 Our measure before us is clear and Mr. Chairman, the right to private the Baltimore Inner Harbor, even states in no uncertain terms that State property ownership is one of the cor- President Bush’s baseball stadium in and local governments will lose eco- nerstones on which this country was Houston, Texas, were all made possible nomic development funding if they founded. H.R. 4128 will make sure that by eminent domain takings for the pur- take someone’s home or business for right continues to be protected. pose of economic development. And al- private commercial development. Mr. CONYERS. Mr. Chairman, I yield though we might agree or disagree 4 minutes to the gentleman from Vir- b 1415 with the wisdom of these projects, ginia (Mr. SCOTT). most would agree that they should not Homeowners can also bring suit Mr. SCOTT of Virginia. Mr. Chair- have been illegal. These are political against those States and cities that man, I thank the gentleman for yield- decisions that ought to be left to the want to continue violating their prop- ing. localities within the confines of their erty rights. We are making the finan- Mr. Chairman, I rise to oppose the State legislature’s parameters. cial gains that come with replacing legislation, which is the congressional If Congress cannot leave eminent do- residential areas with commercial dis- response to the Supreme Court decision main to the States, then we should tricts less attractive. Kelo v. City of New London. By enact- focus on the real issues involved in This legislation advances a more tra- ing this legislation, we are under- eminent domain. We should require, for ditional view of public use. By restrict- mining the States’ rights and assuming example, that just compensation ing the use of eminent domain powers the role of a city council. We should should include replacement cost, not for economic development, we reserve not change Federal law every time just technical appraisal value. We those powers for projects that have tra- Members of Congress disagree with the should require that relocation expenses ditionally been considered public use. judgment of a locality when it uses be paid to owners and tenants. We can justify a State or city’s eminent domain for the purpose of eco- As written, the bill does nothing to takings when the taking is for a road, nomic development. We were elected to ensure that displaced individuals re- a school, a public utility, but we can- the United States Congress, not to ceive reasonable compensation for the not agree with a State or city’s takings local city councils. replacement value and relocation ex- when it is done for private uses like Mr. Chairman, it is impossible for penses. The bill does nothing to ensure condominiums and shopping malls. Congress to draw a bright line principle compensation for loss of goodwill of a Mr. Chairman, I reserve the balance separating those cases in which eco- business, nothing to ensure that due of my time. nomic development is appropriate for a consideration is given for the length of Mr. SENSENBRENNER. Mr. Chair- particular area and when it is not. The time a family or business has been at a man, I yield 2 minutes to the gen- Constitution does require that the tak- particular location. Nothing in the bill tleman from Texas (Mr. SMITH). ing be for public use. It is the role of a deals with the fact that the poor and Mr. SMITH of Texas. Mr. Chairman, I city council to weigh the needs of a minorities are usually the victims of thank the gentleman from Wisconsin particular community and consider eminent domain abuses. Let us put (Mr. SENSENBRENNER) for yielding me when the government should use emi- some protections in the bill so that time. nent domain. those who are relatively weak politi- Mr. Chairman, I support the Private Sometimes that might mean taking cally can be protected from unfair use Property Rights Protection Act. property for the purpose of economic of eminent domain. Two hundred years ago, our Founders development. Sometimes it may not. Mr. Chairman, I would like to place wrote into the Bill of Rights a guar- Sometimes we will agree with the judg- in the RECORD at this point letters antee of the right to private property. ment of the locality. Sometimes we from the National League of Cities, the Such a right lies at the foundation of a will disagree. National Conference of State Legisla- democracy where citizens have the I cannot think of a more fitting ex- tures and the National Association of freedom to buy, sell, exchange or make ample of the quagmire this bill pre- Housing and Redevelopment Officials. a profit on all forms of property. sents than the situation we have right Mr. Chairman, I believe that the de- In recent years, it has become more here in Washington, D.C., where they cision-making power of eminent do- and more common for the government are trying to build a baseball stadium. main should remain at the State and to seize private property under the I find it ironic that, at the same time local level and that congressional at- guise of eminent domain for public use. we are marking up the bill, Wash- tempts to define when eminent domain Last year, the Supreme Court gave ington, D.C. is using eminent domain is reasonable and when it is not will landowners more reason to worry. to build a baseball stadium. cause more problems than they solve. They decided that State and local gov- The debate on this bill has already Therefore, I urge my colleagues to op- ernments can take property from a pri- exposed the shortcomings of the legis- pose the bill. vate landowner in order to give or sell lation. For example, we found that if a NATIONAL LEAGUE OF CITIES, it to another private owner. This 5 to 4 stadium were built and owned by the Washington, DC, October 27, 2005. decision in Kelo v. City of New London city at taxpayer expense, it would Hon. JAMES SENSENBRENNER, threatens the legitimate rights of land- clearly be allowed under the bill. On Chair, House Judiciary Committee, Rayburn owners. We must act to protect those the other hand, if the owner offered to House Office Building, Washington, DC. rights. Hon. JOHN CONYERS, Jr., build a stadium at his own expense, Ranking Member, House Judiciary Committee, In the months following the Kelo de- that might not be allowed. Rayburn House Office Building, Wash- cision, several different bills aimed at The bill requires public access to the ington, DC. preventing eminent domain abuses stadium as ‘‘a matter of right.’’ Does DEAR CHAIRMAN SENSENBRENNER AND RANK- were introduced. The Private Property that mean that the skyboxes must be ING MEMBER CONYERS: The National League Rights Protection Act is a fair and sen- put to public auction, or can the owner of Cities (NLC) strongly opposes H.R. 4128, sible combination of all of those bills. pick and choose which businesses can the Private Property Rights Protection Act It prevents States or localities that acquire rights to skyboxes? of 2005. NLC is the country’s largest and old- seize private property in order to est organization serving municipal govern- Anybody who surveys baseball or ment, with nearly 1,600 direct member cities transfer it to other private owners football stadiums around the country and 49 state municipal leagues, which collec- from receiving economic development will find all kinds of public and private tively represent more than 18,000 United funding from the Federal Government and joint public-private ownership States communities. for 2 years. But the bill is not auto- combinations. Could some use eminent NLC acknowledges the spirit underlying matically applied. It gives a State or domain, while others be prohibited this bill and does not condone abuse of emi- locality the opportunity to correct any from using eminent domain based on nent domain power that violates state law. abuse of power by returning all prop- However, NLC believes this bill, or any anti- the fact that they want to limit access eminent domain bill pending in Congress, is erty to the landowner or replacing any to skyboxes or how the title of the sta- unnecessary at this time because of the on- property that has been damaged. If the dium is held? going actions of state legislatures and the State or locality does so, they will still Mr. Chairman, the World Trade Cen- absence of direct evidence confirming that be allowed to obtain Federal funding. ter and Lincoln Center in New York, alleged abuses of eminent domain authority

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9572 CONGRESSIONAL RECORD — HOUSE November 3, 2005 are of a national scope and scale that de- 3135 the ‘‘Private Property Rights Protection priate. Second, Congressman Jerrold mand immediate federal action. Act of 2005’’ which is scheduled to be marked Nadler’s amendment removes the bill’s un- Despite fearful rhetoric in the press, the up on October 26. This ill-advised bill would reasonable and disproportionate penalty pro- Supreme Court’s decision in Kelo v. City of severely chill state and local revitalization visions, which would lead to unprecedented New London did not expand the use or pow- efforts, preempt state and local land use fiscal uncertainty for State and localities by ers of eminent domain. The Kelo decision laws, and curtail many valid and constitu- forcing them to pursue community revital- confirmed that eminent domain, a power de- tional state and local projects that require ization under the constant threat of losing rived from state law, is not a one-size-fits-all the use of the eminent domain power by pro- all Federal economic development funding. power. The Court declared that this power is hibiting any federal funding that goes to the Finally, Congressman Melvin Watt’s amend- one best left to the states and their political states from being used for ‘‘any activity, in- ment would remove most of the bill’s objec- subdivisions. The Kelo Court, affirming fed- cluding increasing tax revenue, other than tionable content while still providing the eralism, did not preclude ‘‘any state from making private property available in sub- Congress with an opportunity to express its placing further restrictions on its exercise of stantial part for use by the general public or sense that abuses of eminent domain are un- the Takings power.’’ Approximately 30 states by an entity that makes the property avail- acceptable and that eminent domain as a are already reviewing or planning to review able for use by the general public, or as a strategy for pursuing economic development their eminent domain laws during upcoming public facility, or to remove harmful ef- deserves careful, ongoing scrutiny. legislative sessions, with the majority fo- fects.’’ This means that if a state or locality Although NAHRO believes that these cused on just compensation and comprehen- were to use the power of eminent domain for amendments improve the legislation to vary- sive planning process modifications. Since economic development purposes, even if such ing degrees, I want to make clear that HR June 2005, Alabama, Texas, and Delaware en- action was completely in accordance with its 4128, even if amended, would still undermine acted laws that tighten the application of own statutes and land use development ordi- important community and economic devel- eminent domain power in each state. nances and regulations, the state could lose opment activities across the nation and NLC urges Congress to let state govern- all applicable federal funding. This piece of should not be adopted. ments act on their own eminent domain laws legislation amounts to federal blackmail of NAHRO believes that eminent domain and not move forward with federal legisla- states for using a completely constitutional should properly remain an instrument of last tion. and valid state power. resort. In those rare instances when eminent Many aspects of H.R. 4128, led by the pro- The power of eminent domain has always domain is needed, it must be used prudently. posed definition at Section 8 of ‘‘economic been, and should remain, a state power. The Nevertheless, eminent domain remains an development,’’ trouble NLC. Economic devel- Kelo v. New London Supreme Court decision important community and economic devel- opment is a process, not the concrete act of did not expand state authority to condemn opment tool that allows State and local gov- taking private property from A and giving it private property for economic development. ernments to respond to community needs, to B for a ‘‘commercial enterprise carried on It merely reaffirmed existing law on the sub- and it must remain available to our nation’s for profit.’’ If enacted, the bill could have the ject. There is substantial Supreme Court housing and community and economic devel- unintended consequence of preventing hurri- case law dating as early as 1954 which up- opment professionals as they work to revi- cane-damaged communities from rebuilding. holds the power of state and local govern- talize American communities. It is therefore In those communities, eminent domain may ments to take and retransfer property, upon essential that the Congress not place new be necessary to assemble land and help with payment of just compensation, in order to and overly burdensome restrictions on tradi- negotiations associated with comprehensive promote economic development. tionally permissible, Constitutional uses of redevelopment plans. Implementing those It is also important to be aware that in the eminent domain employed by State and local comprehensive redevelopment plans would aftermath of the Kelo decision, twelve agencies for the purpose of community and ‘‘increase tax revenue, tax base, employ- states—Alabama, California, Delaware, Illi- economic redevelopment. The recent decision of the U.S. Supreme ment, or general economic health,’’ violating nois, Michigan, Minnesota, New Jersey, New Court in Kelo v. City of New London broke the bill’s further definition of economic de- York, Ohio, Oregon, Pennsylvania, and less legal ground than many reports in the velopment. Texas—have already introduced bills, and popular media would have led the reader to Moreover, the bill at Section 2(b) grants three of these states—Alabama, Delaware, believe. The decision did uphold the ability final authority to the appointed—not elect- and Texas—have already enacted legislation of local governments to exercise the power of ed—judiciary to determine what constitutes in special session to address the power of eminent domain to achieve economic devel- ‘‘economic development.’’ Curiously, this eminent domain in their state. We expect to opment. However, the opinion of the Court was an important argument against the Kelo see many more states address the issue of did not provide carte blanche authorization decision raised by property rights activists. eminent domain in their next legislative ses- for go vernments to take private property The practical effects from this bill, includ- sion. All of our state materials on eminent merely to hand it over to other private own- ing its loose definition at Section 8 of ‘‘Fed- domain can be found on NCSL’s Web site: ers. To the contrary, the Court emphasized eral economic development funds’’ and its www.ncsl.org/programs/natres/ that the property at issue was taken pursu- creation of a private right of action at Sec- EMINDOMAIN.htm Again, I urge you to oppose H.R. 3135. If ant to a carefully considered plan that would tion 4 that invites forum shopping, would you have any questions, please contact act as a catalyst for much needed job cre- not chill, but rather freeze the process of Susan Pamas Frederick, Senior Committee ation and further development. The Court economic development across the country. Director at 202–624–3566, also made it clear that its decision would es- Eminent domain is a powerful tool for [email protected]. Thank you. tablish only the constitutional permissi- local governments—its prudent use, when ex- Respectfully, bility of such takings under the Fifth ercised in the sunshine of public scrutiny, Representative JANICE L. PAULS, Amendment. helps achieve a greater public good that ben- Kansas House of Representatives, Chair, Importantly, the Court in Kelo held that efits the entire community. NCSL Committee on Law & Criminal Jus- States and local governments are free to nar- Again, NLC opposes H.R. 4128 for the rea- tice. row the circumstances under which the sons stated in this letter. Please weigh care- power of eminent domain may be exercised. fully the unintended consequences from a NATIONAL ASSOCIATION OF HOUSING At least 31 States have recently taken steps rush to pass federal legislation in response to AND REDEVELOPMENT OFFICIALS, to avail themselves of that right. NAHRO unsubstantiated fears over the Supreme Washington, DC, November 3, 2005. therefore believes this bill is unnecessary at Court’s decision in Kelo v. City of New Lon- DEAR MEMBER OF CONGRESS: I am writing this time. Indeed, instead of allowing States don. to convey the National Association of Hous- to exercise their rights in this area, HR 4128 Sincerely, ing and Redevelopment Officials’ (NAHRO’s) in its current form would instead severely DONALD J. BORUT strong opposition to HR 4128, the ‘‘Private undermine state and local community revi- Executive Director. Property Rights Protection Act of 2005.’’ talization efforts by placing every state and NAHRO is the nation’s oldest and largest as- locality in permanent fiscal peril and bring- NATIONAL CONFERENCE sociation of housing and community devel- ing community and economic development OF STATE LEGISLATURES, opment professionals and the leading advo- to a grinding halt. Washington, DC, October 25, 2005. cate for adequate and affordable housing and Again, while NAHRO acknowledges the ef- Subject: H.R. 3135. strong, viable communities for all Ameri- forts of some to improve the legislation, we Hon. JAMES SENSENBRENNER, cans—particularly those with low- and mod- believe the most responsible course of action Chair, Judiciary Committee, House of Rep- erate-incomes. would be to vote against HR 4128. Eminent resentatives, Washington, DC. The bill in its current form is unacceptable domain policy remains a complex issue area Hon. JOHN CONYERS, to our members. NAHRO acknowledges three and deserves careful ongoing scrutiny, not Ranking Member, Judiciary, House of Rep- amendments we understand will be consid- overly broad legislation that would leave a resentatives, Washington, DC. ered. First, within the context of this bill, cloud of financial uncertainty hanging over DEAR CHAIRMAN SENSENBRENNER AND RANK- Congressman Michael Turner’s proposed nearly every local government in the nation. ING MEMBER CONYERS: On behalf of the Na- amendment to HR 4128 creates a broader and Congress should not, in an effort to preemp- tional Conference of State Legislatures more reasonable scope of activities for which tively redress speculative future con- (NCSL), I write in strong opposition to H.R. eminent domain takings would be appro- sequences of the Kelo decision, trample the

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9573 concept of federalism embodied in the Con- me the time and permitting me to taxes, but this guy over here has prom- stitution and the traditional prerogatives of speak on this legislation. ised me a bigger kickback, so I am local governments that exist under that sys- Mr. Chairman, I understand the frus- kicking you off your property. We had tem. tration that we have heard on the a revolution to try to stop that kind of Sincerely, thing. SAUL N. RAMIREZ, Jr., floor, the reaction to the Kelo decision Executive Director. which I personally looked at those cir- Anyway, I just want to put this ques- tion to my friends across the aisle. I Mr. SENSENBRENNER. Mr. Chair- cumstances. I was troubled in terms of know I have heard them express their man, I yield 2 minutes to the gentle- what was proposed in that city. concerns about constituents and the men from Ohio (Mr. CHABOT). But I am concerned that we have the Mr. CHABOT. Mr. Chairman, I thank big picture in mind, because we have poor and those who cannot help them- the gentleman for yielding me time. been dealing with eminent domain for selves, and we ought to be helping Mr. Chairman, I first want to thank decades. We do not have a national cri- them. Do you really want to go back to the chairman of the Judiciary Com- sis here. What we had was a State and your constituents, do you really want mittee, the gentleman from Wisconsin, local government that did not do their to tell voters that you support this ri- and also the ranking member, the gen- job appropriately. diculous Supreme Court notion that a tleman from Michigan, for their leader- The Supreme Court, appropriately, government can take their property, ship in this area. indicated that this was not a constitu- not property that is a threat to the This is a very important issue before tional issue. There are tools. There are community, not that it is blighted, but Congress, and I am very pleased that remedies. take their property against their will Congress is acting. The idea that a per- I am a former local official. I dealt to give it over to someone richer who is son’s home or business can be taken by for years, as public works commis- going to pay more taxes, and that is the government and transferred to an- sioner for the City of Portland, with the only reason? other private entity simply to allow things that dealt with redevelopment. That is not the American way. That is not what the supporters and pro- the government to collect additional We rarely if ever used eminent domain. ponents of this bill want to see happen. tax revenue seems anathema to the The fact that it was there made a dif- We are sending a loud message, that is values that Americans cherish. But the ference to be able to do things the pub- not what the Constitution says, it is Supreme Court has now thrown its lic wanted. not what is intended, it is not what we weight behind this distinctly un-Amer- I hope that Members reflect on the fought a revolution to end; and we will ican ideal by ruling that economic de- dangers of having the Federal Govern- velopment can be a public use under not stand by and allow a ridiculous Su- ment rush into something that is ap- preme Court decision to overrule that. the fifth amendment’s takings clause. propriately the province of State and Few would question the Constitution local affairs. Think about what the ap- b 1430 provides a legitimate role for eminent proach you are advocating here would Ms. WATERS. Mr. Chairman, I yield domain when the purpose is a true pub- have had on cleaning up Times Square. 21⁄2 minutes to the gentleman from lic use and the property owner receives This was an area that for years was a Tennessee (Mr. DAVIS). just compensation. That happens all of center of violence and vice. Eminent (Mr. DAVIS of Tennessee asked and the time, and that is appropriate. Prop- domain was used to transform Times was given permission to revise and ex- erly used, eminent domain should give Square with the crime rate plum- tend his remarks.) communities an option of last resort to meting and change the face of that Mr. DAVIS of Tennessee. Mr. Chair- complete the development of roads and area. man, I rise today in strong support of schools and utilities and other essen- There are communities around the H.R. 4128. tial public infrastructure projects. country where this has been done. Mr. Chairman, the people of my home As a former Cincinnati city council- Look at the Roxbury neighborhood in State of Tennessee know the stories of man and Hamilton County commis- Boston or look out the door here of the eminent domain all too well. They sioner myself, I would be remiss if I did Capitol at Pennsylvania Avenue, where know the stories of when the Corps of not mention my concern for some unin- eminent domain was used in the 1960s Engineers and TVA condemned prop- tended consequences that congres- and 1970s to reformulate the face of it. erty of hard-working farmers to im- sional action could have on commu- I understand the sensitivity. We do pound lakes. The folks I represent were nities if we do not act carefully, and I not want it abused. But, for heavens willing to give up their land for the benefit of the valley. think we have acted carefully in this sake, we should be careful before we They knew the public works projects bill, and I thank, again, the chairman rush in with a Federal solution which and the ranking member for doing would bring about much needed eco- may have unintended consequences. nomic opportunity. They knew that that. Mr. SENSENBRENNER. Mr. Chair- We had testimony by the mayor of the readily available cheap power man, I yield 2 minutes to the gen- Indianapolis. I also want to commend would spawn new industries and pro- tleman from Texas (Mr. GOHMERT). the former mayor of Dayton, Congress- vide good jobs for hard-working indi- Mr. GOHMERT. Mr. Chairman, I so man MIKE TURNER, who is the head of viduals. Although the promised bene- much appreciate the chairman and the the Saving America’s Cities Working fits did become a reality, many of my proponents of this bill bringing it to Group, who has worked diligently to ancestors, like my grandfather, felt the the floor. What brings this about is one try to make this a better bill as well. government takeover of land was Many people have worked on this. more reason why it is critical that we wrong. Often I would hear stories of I am very pleased that Congress is do not have Supreme Court justices dissatisfaction about the loss of lands going to take this action to make sure who read the Constitution while they that have been in families since their that eminent domain is not used in an are having visual hallucinations. families moved to the Appalachians. inappropriate purpose. If Kelo was left That is what has been happening. I firmly believe that if the taken as it was ruled by the Supreme Court, There is no way to read this, ‘‘Nor shall property had been given to another it could be used in a way that could be private property be taken for public property owner, my ancestors would dangerous, that could be to the det- use without just compensation,’’ that have felt like declaring war on the gov- riment of communities all around this is in the fifth amendment without real- ernment. Fortunately, my grandfather country. izing that means public use. It does not and others were able to accept that the So I am very pleased that we are act- mean taking property from someone taking of their land was good for the ing on this today, and again want to who has lived there for generations or public. commend the chairman and Congress some farmer that has been farming the Mr. Chairman, there is no doubt in for acting. land, to give it over to some developer my mind that the Court’s decision in Ms. WATERS. Mr. Chairman, I yield just because he is going to give a big- Kelo is wrongheaded and wrong-heart- 2 minutes to the gentleman from Or- ger kickback to the local government. ed. One of the basic founding principles egon (Mr. BLUMENAUER). That goes back to the days of King of this country is the right to own pri- Mr. BLUMENAUER. Mr. Chairman, I George when he says, gee, you have vate property. Since our founding, gov- appreciate the gentlewoman yielding been a good friend, you have paid ernments have had the leverage needed

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9574 CONGRESSIONAL RECORD — HOUSE November 3, 2005 to encourage capital and economic de- cision. On June 23, 2005, Kelo v. The Again, we cannot afford to let this velopment for our communities, while City of New London, the Supreme happen. What we do here today will still recognizing the intrinsic value of Court held in a 5 to 4 decision that the help to slow down this taking of pri- a family’s private property. city’s use of eminent domain to imple- vate property for private use. As far as Mr. Chairman, I know that without a ment its area’s redevelopment plan I am concerned, the bill could have constitutional amendment our actions aimed at invigorating a depressed even been stronger because we have got today are about as far as this Congress economy was a public use satisfying a few exceptions in the bill that I ques- can go to dehorn the impact of the the U.S. Constitution, even though the tion. Kelo decision. Although this bill ad- property would be turned over from I wanted a pure bill with no excep- dresses and puts in place compelling private homeowners and businesses to tions. My chairman who worked so penalties to cities, counties, and States private developers. hard on this bill made a case for some that violate private property rights, I Never in my wildest imagination did takings for certain kinds of very, very really think it needs to go further. I think there would be a Supreme important public use of private lands. It is my hope that some day we can Court ruling that would take private And even though I am supporting the bring about stricter penalties to local property and give it to private individ- bill, I could support an even stronger governments who choose to run rough- uals for private use. bill because I think there should be no shod over the property rights of private This decision was born out of what exceptions, none, zilch, zero, no excep- landowners. I know that is what my took place with the giant pharma- tions. I do not believe in taking private grandfather would have expected of me, ceutical company Pfizer. Pfizer built a property to give to someone else for and I hope that is what we can expect plant next to an area called Fort private use to make money off of. of this Congress as we work to solidify Trumbull, and the city determined You will hear this described in any the intrinsic value of people who own that someone else could make better number of ways, the taking of private private property. use of the land than the people who ac- property to get rid of blight. Whose Mr. SENSENBRENNER. Mr. Chair- tually lived there: the Fort Trumbull blight? By whose definition? The tak- man, I yield 11⁄2 minutes to the gen- residents. The city handed over its ing of private property by economic de- tleman from Georgia (Mr. PRICE). power of eminent domain, that is, the velopment. What kind of economic de- Mr. PRICE of Georgia. Mr. Chairman, ability to take private property for velopment? Who is going to make the I thank the gentleman for yielding me public use, to the New London Develop- money? Who is going to suffer? time. ment Corporation, a private body; and Your home is your castle. And for Mr. Chairman, the fifth amendment that private body then exercised emi- those people who save their money and to the Constitution states that ‘‘no nent domain to take the entire neigh- invest in their homes, raise their chil- person shall be deprived of life, liberty borhood for private development. dren, that home should be their castle or property without due process of law, The Supreme Court decision is in toto. That home should never be in nor shall private property be taken for wrong, and I cannot see how any Mem- jeopardy because some city govern- public use without just compensation.’’ ber of the House of Representatives ment, some redevelopment agency de- Thomas Jefferson said: ‘‘The true could support the taking of private cides that they want to take it. I do foundation of republican government is property for private use. Someone not care what for. The gentleman from the equal right of every citizen in his spoke of this as being a pillar of de- Virginia (Mr. SCOTT) came and talked person and property and in their man- mocracy. It is a strong American value about the taking for ballparks. I dis- agement.’’ that we hold dear, and I do not think However, that was then. We have agree with that. that we should not do something, exer- heard a lot of talk about the Founding Mr. Chairman, I reserve the balance cise our power in this House to deny Fathers; and they are not turning in of my time. the Supreme Court decision to be used Mr. SENSENBRENNER. Mr. Chair- their graves, Mr. Chairman, they are by all of these cities and redevelop- man, I yield 2 minutes to the gen- spinning. Jefferson warned: ‘‘A government big ment agencies and other entities. I be- tleman from Alaska (Mr. YOUNG). enough to give you everything you lieve that we have to protect the Amer- Mr. YOUNG of Alaska. Mr. Chair- want is a government big enough to ican people. man, while I do not have any problems As a matter of fact, one Member take away everything you have.’’ with the bill at this time, there is some It looks like we are at that stage. came and said, well, you know, this is concern that the bill may adversely af- A school does not generate tax rev- an isolated case. It is not. I have over fect the transportation projects, in- enue. A church does not generate any 125 cases throughout the United States cluding those constructed under public tax revenue, but that does not mean where cities and other entities, com- and private partnerships. that a school ought to become a munity redevelopment agencies, in There is also a concern that the bill Starbucks and that a church ought to those cities where they can give the may have unintentional effects on the become the next Costco. eminent domain rights to private de- Uniform Relocation Assistance and Thanks to the recent Supreme Court velopers, such as they did in this Kelo Real Property Acquisition Policy Act decision on eminent domain, the fifth decision, are taking people’s private of 1970. amendment has been vastly expanded. property. I would like to thank the gentleman In the past, public use meant projects What is more, many of these entities for including the language changes for the common good, not for the bot- are trying to take private property, that we have suggested in the man- tom line. With this decision, no citi- take homes and businesses to give over ager’s amendment to help fix these zen’s property is safe and the American to the big-box developers who need a problems. These changes are meant to dream of owning your own home is now lot of land to put down these big-box clarify that this bill does not have any at risk. Private ownership of property shops. adverse impacts on issues under the ju- is a pillar of our freedom and our pros- I do not believe we can stand by and risdiction of the Transportation and perity. not do something. There are those who Infrastructure Committee. The Private Property Rights Act, would argue that the Federal Govern- Mr. Chairman, I ask that if we dis- H.R. 4128, will begin to right the wrong ment should not be involved. If not us, cover any additional problems with that was wrought on our Nation this who will protect people? We know that this legislation for transportation past June. I urge all Members of this you are getting lobbied, Members are projects, you will agree to work with House to support this important legis- getting lobbied by Members of city me in conference on a mutually agree- lation. councils, even by mayors; but many of able solution. Ms. WATERS. Mr. Chairman, I yield them are lying with these developers. Mr. SENSENBRENNER. Mr. Chair- myself 5 minutes. They have relationships; money is man, will the gentleman yield? Mr. Chairman, I rise in very strong changing hands. They are in bed with Mr. YOUNG of Alaska. I yield to the support of H.R. 4128. the very developers who want to take gentleman from Wisconsin. I was one of those individuals who the private property for private devel- Mr. SENSENBRENNER. If unin- was shocked at the Supreme Court de- opment. tended transportation consequences

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9575 are discovered, I would be happy to to help lower-income people to restore The potential for greater profits and work with the gentleman from Alaska blighted areas of the city. In those sit- higher tax revenue is not what our (Mr. YOUNG) to fix them in conference. uations, the improvement of those run- Founding Fathers envisioned as public Mr. YOUNG of Alaska. I agree with down areas could not have happened use. the gentleman’s goals and look forward without government intervention be- Importantly, Mr. Chairman, one of to working with the entire delegation cause the private sector simply was not those constitutional provisions is the to meet the goals of this conference. I willing to make the investment. protection of private property. The thank the gentleman for doing this. We were able to establish scattered Founders of this great Nation knew Mr. SENSENBRENNER. Mr. Chair- site public housing throughout the that a government that can take a citi- man, I yield 11⁄2 minutes to the gen- city. We were able to achieve substan- zen’s property on a whim is a govern- tleman from Texas (Mr. POE). tial economic improvements along the ment that can take away everything Mr. POE. As a former judge, I want Alexandria waterfront which had been else as well. to thank the chairman for leading the relegated to a place of neglect where H.R. 4128 offers a reasonable solution, fight to protect private property only people of the lowest income lived. and I urge my colleagues to support rights. And now people of all incomes are able this bill. One reason we started this country to take advantage of public use in Ms. WATERS. Mr. Chairman, I re- was because back in the days of Eng- these areas, and we have expanded the serve the balance of my time. land, the king and the nobles owned all availability of affordable housing. Mr. SENSENBRENNER. Mr. Chair- the land, and regular folks like us had We could not have done it without man, I yield 11⁄2 minutes to the gen- to work the land, but we could never this power. And, in fact, if our con- tleman from Texas (Mr. HENSARLING). own the land. That is one reason this stituents did not like what we were Mr. HENSARLING. Mr. Chairman, I country got started, because of the de- doing, they had the ability to take us thank the gentleman for yielding me sire to own private property. out of office through the normal demo- time. John Locke, the great philosopher cratic process. I understand that this is Mr. Chairman, private property has who was influential in much of the law a power that can be abused, but that been among the most sacred rights of that came into our Constitution, said possibility does not warrant its elimi- the American people since our founding that we are all born with the right of nation. as a Nation. Likewise, the govern- life, liberty, and property. And Thomas 1445 ment’s duty to protect private prop- Jefferson incorporated that concept in b erty has remained among its most sa- the Declaration of Independence when In fact, if you want it restricted, the cred responsibilities. he said that we are given by our cre- proper place to do so is not at the Fed- John Adams once wrote, ‘‘The mo- ator life, liberty, and the pursuit of eral level. It is at the State and local ment the idea is admitted into society happiness. And then we put in our Con- level. that property is not as sacred as the stitution in the fifth amendment that I have an amendment that will cor- laws of God, and that there is not a basic right, that we all have life, lib- rect this bill so that it will not be sub- force of law and public justice to pro- erty, and property and it will not be ject to the law of unintended con- tect it, anarchy and tyranny com- taken without due process of law. sequences. I intend to introduce that That simple phrase that is in that amendment shortly. mence.’’ fifth amendment, that private property Mr. SENSENBRENNER. Mr. Chair- Well, Mr. Chairman, the recent Su- 1 preme Court decision in Kelo v. New shall not be taken for public use with- man, I yield 1 ⁄2 minutes to the gen- out due compensation, it is the Amer- tleman from Nevada (Mr. GIBBONS). London has commenced the tyranny. It ican dream to own a part of America, Mr. GIBBONS. Mr. Chairman, I rise is laying siege to the idea that a man’s own a part of the land. More Americans today in support of H.R. 4128, a bill home is his castle. own land and houses than ever before that seeks to undo the damage wrought While it is true that the principle of in our history. Then the Supreme by one of the worst Supreme Court de- eminent domain is established in our Court came around and misinterpreted cisions in my memory. Constitution, it exists for an extremely this very simple rule in our Constitu- The court in Kelo decided that the limited purpose. tion, allowing private property to be fifth amendment of the Constitution The dissenters in the Kelo case cor- taken by local governments so they can be hijacked by a rogue, private de- rectly note that the Court has aban- can give it to somebody else all in the veloper to take homes or private prop- doned a ‘‘long-held basic limitation on name of money. It is all about the erty from hardworking Americans to government power. Under the banner of money. It ought to be all about what is build new shopping malls and luxury economic development, all private right. resorts in their place to increase tax property is now vulnerable to being This law will prevent government revenues. taken and transferred to another pri- land-grabbing authorized by the Su- Our Constitution, which every Mem- vate owner.’’ preme Court. Their ruling was an error ber of this body has sworn to uphold The Court essentially now gives local in judgment of constitutional propor- and protect, has, in essence, been governments the power to seize prop- tions and hopefully the Supreme Court changed by five people who are charged erty to simply generate tax revenue. will find its way and reverse this ab- only with interpreting the Constitu- Under their ruling, your local city surd ruling. tion, not rewriting it. council can now take your home and Ms. WATERS. Mr. Chairman, I yield I am not sure how many ways there give it to Starbucks so they can sell 2 minutes to the gentleman from Vir- are to interpret the clause: ‘‘nor shall vente mocha lattes. Mr. Chairman, are ginia (Mr. MORAN). private property be taken for public we still in America? Mr. MORAN of Virginia. Mr. Chair- use without just compensation.’’ By passing the Private Property man, I thank my good friend, the gen- Mr. Chairman, it seems pretty clear Rights Protection Act, Congress can tlewoman from California (Ms. WA- to me that an office building owned by help secure this most sacred right. H.R. TERS). a private party that restricts its use to 4128 will rightfully increase the pen- I must rise to object to this bill. I only those who pay rent is not a public alties for States. We should stand for think it is too broad. The period of use facility; or that a public use is a freedom and private property and sup- time within which you can take legal highway, not a high-rise; or that a pub- port this act. action is too long, and in some specific lic use is a park, not a private parking Mr. SENSENBRENNER. Mr. Chair- cases it is too restrictive. It will be lot; or that a public use is a court- man, I yield 11⁄2 minutes to the gentle- subject to the law of unintended con- house, not a condo. woman from Virginia (Mrs. DRAKE). sequences. A society that allows its big devel- Mrs. DRAKE. Mr. Chairman, I am My views, I have to acknowledge, are opers to take the private property of proud to be a cosponsor of H.R. 4128, formed by having been mayor of Alex- ordinary citizens in the name of eco- and I strongly urge my colleagues to andria, Virginia. We did at times use nomic development is not a free soci- support this bill on behalf of property the power of eminent domain primarily ety. owners across our Nation.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9576 CONGRESSIONAL RECORD — HOUSE November 3, 2005 This legislation clearly prohibits eco- will at least change this part of the bill tunity to restore those rights that we nomic development as a public use, pe- and solve that problem. fought so hard for. I urge my col- riod, with no room for misunder- A bill to prevent takings for im- leagues to support H.R. 4128. standing. Eminent domain, for the pur- proper purposes makes sense. It does Ms. WATERS. Mr. Chairman, I yield pose of economic development, is abso- not make sense to say that if the gov- 2 minutes to the gentleman from New lutely opposite our belief as Americans ernment makes a mistake, instead of Jersey (Mr. PALLONE). of our right to own private property. giving private injunctive relief in ad- Mr. PALLONE. Mr. Chairman, I want Our role as Members of Congress is to vance to prevent that mistake to help to thank my colleague from California protect the public. We have a responsi- the property owner, you put a cloud on because not only is she supportive of bility to use legislative powers to the future finance of the State or city this legislation but she has been speak- clearly define private property rights. as they can never issue bonds for any ing out consistently since the Kelo de- I would like to thank the sponsors of purpose. cision against that decision and the the bill, the chairman and committees Let us protect property owners but consequences. that have worked on it, and I urge my not destroy our communities. We Mr. Chairman, I have grown con- colleagues to vote in favor of H.R. 4128. should do this right. cerned with the increasing rate of emi- Ms. WATERS. Mr. Chairman, I yield Mr. SENSENBRENNER. Mr. Chair- nent domain abuse cases across the 2 minutes to the gentleman from New man, I yield 2 minutes to the gen- country, so I appreciate that we will be York (Mr. NADLER). tleman from Iowa (Mr. KING). able to vote on this bill today. Mr. KING of Iowa. Mr. Chairman, I Mr. NADLER. Mr. Chairman, I thank Many of us in Congress were shocked want to thank the gentleman from the gentlewoman for yielding me time. by the Supreme Court’s 5–4 decision in Wisconsin (Mr. SENSENBRENNER) for Mr. Chairman, the power of eminent Kelo, allowing the town of New Lon- bringing this bill to the floor as chair- domain should never be abused to take don, Connecticut, to seize 15 homes so man of the Judiciary Committee which private property for the private benefit a developer could build offices, a hotel I have the privilege of serving on. of another, and I agree with the con- and convention center. This set a dis- I rise today in support of the Private cept of the bill, but it is very poorly turbing precedent and raised serious Property Rights Protection Act. drafted. It goes too far and not far concerns about whether there are any This spring, the Supreme Court put a enough. limits to the government’s power under It will permit many of the abuses and ‘‘For Sale by Government’’ sign in the takings clause of the Constitution. injustices of the past, while bank- front of every American home, farm I believe the Private Property Rights rupting State and local governments. and business. It does not matter how It would allow highways to cut many coats of paint you put on your Protection Act, this legislation, is a through communities and all the other house or how much landscaping you do, strong first step in the fight against public projects that have historically no amount of your investment and up- eminent domain abuse. However, I fallen most heavily on the poor and keep can match the tax base provided think we can do better. I think we need powerless. by corporate America. If the govern- to pass stronger legislation to ensure It does nothing to protect displaced ment thinks that it can get more tax that we curb all abuses of eminent do- renters. They get no compensation, no revenue from your property when put main, not just those in areas where day in court, but absentee slumlords, to a different use, a bigger house, a new Federal funds are being used for a they get their day in court. factory, you are out of luck and out of project. It allows a taking to give property to your home. That is why I have introduced my a private party ‘‘such as a common car- We were taught as children and read own legislation to curb the inappro- rier, that makes the property available in the Constitution that eminent do- priate use of eminent domain. The Pro- for use by the general public as of main meant that government could tect Our Homes Act simply states that right.’’ take property only for public use, like there should be no taking of homes for Does that mean a stadium? It seems roads and railroads, but the 15 Con- economic development unless there are to me that is privately owned. It is necticut citizens who had their homes rare and exceptional circumstances in- ‘‘available for use by the general public and businesses taken away from them volving a public health or safety crisis. as of right’’ at least as much as a rail- in the Kelo case found out that public This legislation would render any road; you can buy a seat. Does that use now means whatever the powerful State or local government that does mean a shopping center? You do not want to do with your home, as long as otherwise ineligible for Federal finan- even need a ticket. So this would not it might bring in more tax dollars. cial assistance under any HUD pro- even prevent the use of public domain, Whatever happened to our rights to gram. It would also put in place appro- apparently, for sport stadiums and life, liberty and property, which were priate safeguards to ensure that any shopping centers. the very rights so important to the eminent domain process is fair and The World Trade Center, on the other people who founded this country? transparent. hand, could not have been built under Mr. Chairman, the Supreme Court We have an obligation to protect our this law. It was publicly owned, but took that right away. The Framers had citizens as we revitalize our aging leased as office and retail space. no intention of allowing Federal judges neighborhoods. We should not sit idly Affordable housing, like the Hope VI to impart their wisdom on this issue. by and tolerate abuses of eminent do- program would be prohibited. That is why they put the eminent do- main in the name of economic revital- Local governments under this bill main clause directly into the Constitu- ization. It is time to strengthen the would risk all their economic develop- tion by the Bill of Rights. Federal law to guarantee that home- ment funding for 2 years, even for unre- The Constitution here in my pocket owners throughout this great country lated projects. The financial cloud this says, ‘‘nor shall private property be are protected. would place over all cities would en- taken for public use without just com- I am pleased to support the legisla- sure that they could never issue a pensation.’’ tion before us which will send a strong bond, for any purpose, and companies If we do not act today, the con- message that taking private homes for doing business with the city would face sequences of that Supreme Court deci- generating revenue will not be toler- the threat of bankruptcy. sion will not be hard to foretell. The ated. There is still much more for Con- If we really want to help property winners are those with great influence, gress to do to prevent eminent domain owners, we should give them the right wealth and power. What happens when abuse, however, and I look forward to to stop the taking before it happens. the potential buyer of a property is a this bill passing and to working with This bill makes them wait until after foreign-owned entity? Or if a Nevada my colleagues on both sides of the the condemnation and offers them no church is bulldozed to make room for a aisle. damages. People do not want to bank- brothel? It is very refreshing to see that this rupt their communities. They want to Americans will not stand for usurpa- legislation has bipartisan support and keep their homes. This bill does not do tion of their constitutional rights by that we are moving on this legislation that. I will offer an amendment that the Court. Today, we have the oppor- today.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9577 Ms. WATERS. Mr. Chairman, I yield them succumb, if you will, to untoward double the rate in the rest of Connecticut. The 1 minute to the gentleman from Ohio and unwelcomed investment or devel- holding by the Supreme Court purported to (Mr. KUCINICH). opment without their input and with- defer to the city’s judgment and that the devel- Mr. KUCINICH. Mr. Chairman, the out the opportunity to build commu- opment would be a ‘‘catalyst to the area’s re- question before us today is not really nities that would embrace all economic juvenation.’’ whether we agree or disagree with the levels. The land use situation in the areas most af- Supreme Court’s interpretation of the The Kelo decision needs to be fixed fected by Hurricane Katrina presents the situa- term ‘‘public use,’’ but, rather, who we by this Congress, and I welcome this tion that is most ripe for eminent domain stand with and what we stand for. Do legislation so that we can fix it and takings under the guise of ‘‘economic develop- we stand with large private developers provide due process to all. ment.’’ My amendment seeks to add the legis- or with ordinary private citizens? Do Mr. Chairman, I rise in support of the base lative intent to H.R. 4128 that the law seeks to we stand for government assistance for bill before the Committee of the Whole today, put the people first even in the face of post- the powerful economic interests, at the H.R. 4128, the Private Property Rights Protec- disaster reconstruction. expense of ownership of small inter- tion Act of 2005. It pleases me to join the I thank the Chairman of the Committee on ests? Gentlemen, Chairman SENSENBRENNER and the Judiciary for his support of this amend- Let it be clear, this debate is about Ranking Member CONYERS in supporting this ment. It is critical that we continue the spirit of condemnation of property. Will we con- legislation, H.R. 4128, just as I was enthusi- bi-partisanship that was started with the reso- demn our constituents by allowing astic about co-sponsoring the resolution intro- lution disapproving the Kelo decision, of which their land to be taken without just duced by the Gentleman on the Floor of the I was an original co-sponsor, the Private Prop- cause? Will we condemn small business House on June 30, 2005 that denounces the erty Rights Protection Act of 2005, H.R. 3135. owners by allowing their stores to be holding of the Supreme Court of the United New Orleans will be the center of a recon- removed simply because a big devel- States in Kelo v. City of New London. struction project that will have a price tag in oper has a different idea for what the The Supreme Court, with its five-member excess of $200 billion. Eminent domain will economy should look like? Or will we majority, made a wrong decision and ratified play a major role in the local governments’ stand with our constituents and con- the unconstitutional acts of a local govern- ability to assemble properties to carry out their demn the idea that their property can ment, the City of New London, Connecticut. plans—whether the residents like it or not. be sacrificed for the sake of a big cor- The bill before this body rejects the act of NAACP representative Hillary Shelton stated porate company’s development plans? the Supreme Court majority in giving these that ‘‘the eminent domain process mostly tar- The Declaration of Independence elected officials carte blanche to abuse the gets racial and ethnic minorities because cities holds that all people are endowed with rights of the property owners in that case. Our often want to redevelop areas with low prop- the right to life, liberty and the pur- highest court should stop the violation of con- erty values and because minorities have less suit of happiness. The Supreme Court’s stitutional rights. Our job is to address whether political clout and are less able to fight back.’’ Kelo decision would limit the right to or not government can decide that there is a My amendment seeks to clarify that, in rede- the pursuit of happiness to large cor- public purpose for a taking of private property fining the boundaries of the federal govern- porate developers at the expense of and thereby make it so. There should exist ment’s Taking power, unfair practices will not small businesses and private citizens. better protection for the individual with less be tolerated and that the rights of property We must take a stand today and reaf- economic power—the individual that has only owners will be given the highest regard. firm the unalienable rights of citizens his or her land as an asset. The Framers of Mr. Chairman, I ask that the Committee col- and stand for our constituents and de- the Constitution were careful in addressing leagues support this amendment. clare that everyone has the right to that issue, careful in the sense they wanted to Ms. WATERS. Mr. Chairman, I yield pursue happiness, and we cannot and make sure that the ruling powers that be could myself such time as I may consume. will not take that right away. not come in and say, ‘‘I am going to take your Mr. Speaker, as you can see, this is I urge my colleagues to join me in property.’’ That was not what the Framers en- not a Democrat-Republican issue. The standing with our constituents to sup- visioned free America. people who care about property rights, port this bill. A recently published law journal note stated the people who respect homeownership, Ms. WATERS. Mr. Chairman, I yield our dilemma quite well: ‘‘But still more unset- the people who believe that this is an 1 minute to the gentlewoman from tling to many than the notion that property important value are standing up for Texas (Ms. JACKSON-LEE). might be taken for an obvious general public the citizens of this country. Folks who Ms. JACKSON-LEE of Texas. Mr. benefit is the suggestion that this power might believe that somehow the government Chairman, I thank the distinguished be used to transfer private property for an- has a right to take private property for gentlewoman for the time. other private owner’s profit, along with all the private use are standing on the side of I am very pleased to join my col- traditional rights that permit sale, use, rental, the developers. leagues who are aware of the need to disposition, and other choices of fee simple While I respect Members on both fix an issue that is broken. I join the ownership. Seemingly, if property can be forc- sides of the aisle, I have had some chairman of this committee and thank ibly passed from one private owner to another, Members on this side of the aisle talk the gentlewoman for her leadership, ‘public use’ is a phrase with no meaning and about what they have done for poor and I am glad to be an original cospon- no end.’’ people, and you will hear people talk sor. ‘‘If property can be forcibly passed from one about what they do for minorities, that private owner to another, ‘public use’ is a they are doing this to get rid of blight, 1500 b phrase with no meaning and no end.’’ This to create better communities. Well, on Mr. Chairman, the reason we are on legislation allows us as legislators to draw a this one, I would like to say to all of the floor today is that the Supreme thicker line of demarcation between private my would-be friends who are helping Court, some would say rightly so, re- property and property that is truly intended for poor communities and minority com- lied upon State law in Connecticut public use. The threshold must be higher for munities, we do not need you on this that allowed for the taking of private the ownership rights of individuals to be one. property for economic development. In usurped—when the underlying objective is We need you to respect the right of essence, a public entity sanctioned pri- merely to engorge the pockets of developers. those minorities and those poor people vate developers in taking private prop- I would hope that my colleagues will support to hold on to whatever it is they own, erty for an economic enhancement. I me in the amendment that the Rules Com- whether it is a little, small business or am here to say that the fifth amend- mittee made in order Mr. Chairman, as No. whether it is a two-room shack or a ment’s due process and the protection 12. Kelo held ‘‘economic development’’ to be one-room shack or whatever it is. It is of property rights, to the extent that a ‘‘public use’’ under the Fifth Amendment’s theirs. They have a right to it. And no we protect those who cannot speak for Taking Clause. The Takings Clause states one, no mayor, no city council mem- themselves, should allow this Congress that ‘‘nor shall private property be taken for ber, no one has the right to think they to fix the problem. public use without just compensation.’’ know better; that they can take that I am also concerned that this very In the 1990’s, a state agency declared that property for a private use. tool will be utilized to go into commu- New London, CT was a ‘‘distressed munici- I think it is unconscionable for any- nities, poor communities, and have pality’’ after its unemployment numbers hit body that is elected by the people to

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So if Justice Stevens were bers who have been past mayors, who property condemned, so it is hard to sitting here as a representative in Con- have been past city council members get anybody to challenge the taking, gress today, he would be supporting who agreed with the developers, indeed and you certainly cannot get it with- this bill, too, and I think that is the listen to this debate here on the floor out paying. reason why this bill should receive today and agree that if we want to do The idea of the amendment is that overwhelming support. We all should anything to support the right of citi- owners are supposed to be no worse off vote for it. zens to own property, we will support after the condemnation than they were Mr. Chairman, I yield back the bal- this bill. before. But if they have to pay their ance of my time. Mr. Chairman, I yield the balance of lawyer, whether by the hour or as a The Acting CHAIRMAN (Mr. SIMP- my time to the gentlewoman from Ne- percentage of the sale price, they will SON). All time for general debate by the vada (Ms. BERKLEY). always be worse off. Committee on the Judiciary has ex- Ms. BERKLEY. Mr. Chairman, I Would the chairman be willing to pired. thank the gentlewoman from Cali- work with me on this issue in con- It is now in order for general debate fornia for being so gracious in yielding ference in a way to address the needs of by the Committee on Agriculture, 30 me this time. private property owners without en- minutes equally divided. Mr. Chairman, our Nation’s eminent couraging frivolous lawsuits? Mr. GOODLATTE. Mr. Chairman, I domain laws exist to help our commu- Mr. SENSENBRENNER. Mr. Chair- yield myself such time as I may con- nities, not to deprive Americans of man, will the gentleman yield? sume. their businesses and homes. For 11 Mr. FLAKE. I yield to the gentleman Mr. Chairman, I rise in strong sup- years, Harry Pappas and his family from Wisconsin. port of this important piece of legisla- battled to win back property taken Mr. SENSENBRENNER. The answer tion. I want to thank Chairman SEN- from them in downtown Las Vegas, is absolutely. SENBRENNER for his leadership on this property which they rightfully owned Mr. FLAKE. I thank the chairman. issue. I also appreciate the hard work and that was home to seven shops the Mr. SENSENBRENNER. Mr. Chair- of Congressman HENRY BONILLA, who family leased to other businesses for man, I yield myself the balance of my introduced the STOPP Act, legislation more than 40 years. This was a 40-year time. that passed out of the Agriculture holding of one family in Las Vegas. Mr. Chairman, very briefly, this bill Committee, and Ranking Member PE- In 1994, the Las Vegas Redevelopment attempts to do what the Federal Gov- TERSON on the Agriculture Committee, Agency notified Mrs. Pappas that they ernment can to reverse the impact of as well as Ranking Member CONYERS were condemning her property. At a the Kelo decision, and the heart of this on the Judiciary Committee. hearing only 7 days later, it was de- bill is to deny Federal economic devel- I especially want to thank my col- cided that the agency would take im- opment funds for 2 years to any States league from South Dakota (Ms. mediate possession of the property, and or locality that attempts to use its HERSETH) who was the first Democrat the family business promptly demol- condemnation powers to take private to take a leading role on this issue in ished. land for essentially a nonpublic use introducing the STOPP Act, and it is The Pappases’ dreams were torn purpose and to turn around and resell down with the building they lost that in part due to her leadership that we it to another private developer who day, and their dignity was taken from will have a very strong bipartisan vote will bring in more tax revenue. them as they were forced to watch as a on this legislation today. We have heard time and time and Private ownership of property is vital for-profit parking garage was built on time again on this floor during the last their family property. to our freedom and our prosperity, and The Pappas family took their case all hour that this is wrong. But the Su- it is one of the most fundamental prin- the way to the United States Supreme preme Court has said that it is not ciples embedded in our Constitution. Court, hoping that the justices would wrong if a developer can convince a The Founders realized the importance recognize their fundamental rights majority of one on a city council or of property rights when they codified under our Constitution. But they were local governing board to authorize the the takings clause of the fifth amend- turned away by the Supreme Court, local attorney to go and commence ment to the Constitution, which re- and their case seeking justice was dis- condemnation actions. That is true if quires that private property shall not missed. somebody has lived in a house for all be taken for public use without just So now it is up to us, the United their life and the city council puts compensation. States Congress, to protect other fami- them in the cross hairs; it is true for a This clause created two conditions to lies against the injustice that has been church that has got a prime piece of the government taking private prop- done to the Pappases as a result of the property on the corner of a busy inter- erty: that the subsequent use of the ever-growing expansion of eminent do- section that a developer wants to build property is for the public and that the main. Voting to limit the use of emi- a strip mall on; and it is true for some- government gives the property owners nent domain for economic development one who has run a small business in a just compensation. will restore the rightful limits on this prime area of town and has made a lot However, the Supreme Court’s recent power that have been eroded by time. of money but does not pay a lot of 5–4 decision in Kelo v. City of New Lon- It is time to protect the Harry property taxes because they have a don is a step in the opposite direction. Pappases of the world. small shop, and they can be put out of This controversial ruling expands the Mr. SENSENBRENNER. Mr. Chair- business even for a competition that ability of State and local governments man, I yield 2 minutes to the gen- wants to have a larger and, thus, more to exercise eminent domain powers to tleman from Arizona (Mr. FLAKE). tax-yielding facility on that piece of seize properties under the guise of eco- Mr. FLAKE. Mr. Chairman, I rise to property. nomic development when the public engage in a colloquy with the chair- Everything I have said is wrong, and use is as incidental as generating tax man. everything I have said can be done with revenues or creating jobs, even in situ- As the chairman knows, I have of- the use of Federal economic develop- ations where the government takes fered an amendment in the Rules Com- ment funds under the Kelo decision. property from one private individual mittee to address the problem of legal What we need to do now is pass this and gives it to another private entity. fees for property owners faced with the bill to right this wrong. By defining public use so expan- exercise of eminent domain by State And I would just remind the member- sively, the Court essentially erased any and local governments. Homeowners in ship, Mr. Chairman, that the author of protection for private property as un- particular do not have the money to the majority opinion in Kelo, Justice derstood by the Founders of our Na- pay lawyers. Their main asset is tied John Paul Stevens, recently spoke to a tion. In the wake of this decision, up in a legal fight, so they cannot af- local bar association in Nevada and State and local governments can use ford a challenge to the taking itself. said that if he was a legislator rather eminent domain powers to take the

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Chairman SENSENBRENNER to introduce erty, or STOPP Act, and that Chair- As many of you know and as Chair- H.R. 4128, the Private Property Rights man GOODLATTE made reporting out man GOODLATTE was discussing, Chair- Protection Act. This important piece the bill from the Agriculture Com- man BONILLA and I, along with Chair- of legislation represents a merger be- mittee a priority. man GOODLATTE, drafted H.R. 3405 to tween two pieces of legislation, H.R. I am equally pleased by the deter- provide a strong response to the Kelo 3135, introduced by Chairman SENSEN- mined, thoughtful attention dem- decision. At the time we introduced the BRENNER, and H.R. 3405, the STOPP onstrated by the Judiciary Committee STOPP Act, other legislation which Act, which I introduced along with the and the collaborative approach taken took a similar approach by withholding gentleman from Texas (Mr. BONILLA) as we put together the Private Prop- some Federal funds when eminent do- and the gentlewoman from South Da- erty Rights Protection Act. It is im- main is used to facilitate a private-to- kota (Ms. HERSETH) and which passed portant, commonsense legislation that private transfer of property for eco- the House Committee on Agriculture deserves our attention. nomic development purposes left open by a strong bipartisan vote of 40 to 1. As my colleagues know, the Supreme the possibility that a creative commu- I am pleased that H.R. 4128 incor- Court’s decision in Kelo v. City of New nity or State could essentially shift porates many provisions from the London dealt a serious blow to the fun- funds within its budget to render the STOPP Act. Specifically, this new leg- damental rights of property owners in Federal response less effective. islation would prohibit all Federal eco- the United States. The House over- In the words of Bob Stallman, presi- nomic development funds for a period whelmingly expressed its disapproval dent of the American Farm Bureau, in of 2 years for any State or local gov- shortly after the decision by a vote of his testimony before the Agriculture ernment that uses economic develop- 365 to 33. This court ruling allows gov- Committee: ‘‘All of the Federal bills ment as a justification for taking prop- ernments to take private property introduced thus far take this approach. erty from one person and giving it to from one landowner and give it to an- The differences among them are the de- another private entity. In addition, other private individual so long as gree to which such funding is withheld. this new legislation would allow State some economic development justifica- While we support all the approaches and local governments to cure viola- tion is given. In short, it means that taken in these bills, H.R. 3405 seems to tions by giving the property back to governments can take your property offer the most effective deterrent to the original owner. Furthermore, this and give it to someone else. abuses of eminent domain.’’ The Private Property Rights Protec- bill specifically grants adversely af- b 1515 fected landowners the right to use ap- tion Act of 2005 incorporates the core propriate legal remedies to enforce the I have been impressed by the wide- components of the STOPP Act, name- provisions of the bill. spread support for the proposition that ly, the withholding of all Federal eco- H.R. 4128 also includes a carefully this decision requires prompt congres- nomic development assistance for 2 crafted definition of economic develop- sional action. years if communities choose to use ment that protects traditional uses of As I have said before, South Dako- eminent domain to take private prop- eminent domain, such as taking land tans from all walks of life are outraged erty from one landowner and give it to for public uses like roads, while prohib- about the Supreme Court’s Kelo deci- another private individual for the pur- iting abuses of eminent domain powers. sion. As I have repeatedly noted in pre- poses of economic development. No one should have to live in fear of vious discussions of the case and as I think this development is a testa- the government snatching up their noted by Chairman SENSENBRENNER ment to the hard work of individuals home, farm, or business; and the Pri- earlier today, even Justice John Paul like Chairman BONILLA, Chairman vate Property Rights Protection Act Stevens, the author of the Kelo deci- GOODLATTE, Congresswoman WATERS, will help to create the incentives to en- sion, has expressed the feeling that the Chairman POMBO, and others to define, sure that these abuses do not occur in use of eminent domain by the City of develop, refine, and promote a strong the future. New London was unwise as a matter of commonsense approach to the situa- I urge my colleagues to support this policy. And I agree. tion presented by the Kelo decision. important piece of legislation. I am pleased to have been part of the As I have said, I am happy to have Mr. Chairman, I reserve the balance effort to craft a good bipartisan re- been a part of these important efforts, of my time. sponse that addresses these policy and I encourage my colleagues to join Ms. HERSETH. Mr. Chairman, I yield shortcomings by discouraging State with me today in passing this impor- myself such time as I may consume. and local governments from arbitrarily tant bill. I rise in strong support of the Private taking land from private landowners Mr. Chairman, I reserve the balance Property Rights Protection Act of 2005. and giving that land to another private of my time. I want to thank the Judiciary Chair- party. I felt compelled to take a lead in Mr. GOODLATTE. Mr. Chairman, I man SENSENBRENNER and Ranking this process because of the people I rep- yield 3 minutes to the gentleman from Member CONYERS, as well as Agri- resent and my roots on my family’s Texas (Mr. BONILLA), the chairman of culture Committee Chairman GOOD- farm in South Dakota. South Dakota is the Agriculture Appropriations Sub- LATTE and Ranking Member PETERSON, a rural State, and our population’s committee and the author of the for their hard work in moving this leg- livelihood is deeply tied to the land. STOPP Act, which was passed out of islation to the floor today. This is true for virtually all of the the Committee on Agriculture. I would also like to acknowledge and State’s citizens, whether they live in Mr. BONILLA. Mr. Chairman, I thank the Agriculture Appropriations town or whether they live on the farm. thank the chairman for yielding me Subcommittee Chairman HENRY Because of this, the belief in private this time. BONILLA for his strong leadership on property rights runs strong and deep, Mr. Chairman, this is a rare moment this very important issue as well as the and everyone I have talked to back in this town when we have a major work of Chairman POMBO and Congress- home on this matter has delivered the issue that has widespread bipartisan woman WATERS who have been stead- same message: Landowners should not support. I want to thank the gentle- fast in their advocacy for private prop- be vulnerable to the whims of a govern- woman from South Dakota, my origi- erty rights in light of the threat posed ment that decides to take their land nal partner in this cause, who just by the Kelo decision. and often their livelihood just to give spoke about this and gave a little his- This legislation is a priority for it to someone else who the government tory as to how we got this bill rolling farmers and ranchers and landowners decides would deliver more in tax reve- several months ago; and also Chairman across my home State of South Da- nues. I am pleased to say that many of GOODLATTE under whose jurisdiction

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There will, in all likelihood, be liti- This important legislation will help that we filed, because so many of the gation if this bill becomes law because the ex- prevent local governments from abus- programs that we are talking about emptions are written in such a way that rea- ing their power of eminent domain. here today that are funded come sonable people may disagree as to their While local governments may be well through the Agriculture Committee. meaning. intentioned, the fact is that people are We would not have been able to come I hope that I can help clarify the application losing their homes because of mis- this far without this partnership with of this bill in at least one area: The meaning guided economic development prin- Ms. HERSETH and Chairman GOOD- of the bill as it relates to affordable housing. ciples. LATTE; and I want to thank both of What follows are the concurring views in the I urge my colleagues to join me in them, not just personally, but I know Committee Report accompanying this bill. It is supporting this measure; and I thank there are a lot of people out there that my hope that by including them here today Chairman SENSENBRENNER, Ranking are very grateful for the support they during our floor debate that in the future this Member CONYERS, Chairman BONILLA, have given this and have brought us to clarification will be of value to public entities, and Congresswoman HERSETH for their this day where we have a bill that, litigants and the courts. dedication to persevering and pro- again, was reported out of the Agri- At markup, I intended to offer an amend- tecting property rights. culture Committee by a vote of 40 to 1 ment to this legislation creating an exception The right to own property is a funda- and then out of the Judiciary Com- to the definition of ‘‘economic development’’ mental right of this country, and I will mittee with only three people voting for the development of affordable housing for do whatever I can to ensure that it is against it. That is a profound state- low-income residents. I ultimately decided not preserved. ment across partisan lines in this Con- to offer this amendment, however, based on Mr. GOODLATTE. Mr. Chairman, I gress. my recognition, and the apparent recognition yield 21⁄2 minutes to the gentleman It also has widespread support among of my colleagues, that this bill as introduced from Nebraska (Mr. OSBORNE). groups like the NAACP, the AARP, re- does not in any way limit the ability of States Mr. OSBORNE. Mr. Chairman, I rise ligious organizations, and the Amer- and local governments to exercise their emi- in support of H.R. 4128, the Private ican Farm Bureau. I think people un- nent domain powers for the building of afford- Property Rights Protection Act. The derstood the impact this bill could able housing for low-income residents. In fact, Supreme Court decision of Kelo v. City have because it is very simple, Mr. during markup, I pointed this out and received of New London is one of the most un- Chairman. It says to communities that no objections from my colleagues. popular decisions ever rendered. I be- if they do not care about property The provision of low-income housing, lieve more than 90 percent of United rights, they are not going to get their whether by a for-profit or a non-profit entity, States citizens oppose this ruling, and money. No property rights, no money should not constitute ‘‘economic development’’ it may be that the other 10 percent do for 2 years. And that is going to make under the definition in this bill because such not fully understand it. So it has been any local government or any State activity constitutes neither ‘‘commercial enter- certainly roundly denounced. think long and hard before they take prise’’ nor an activity designed to ‘‘increase tax The Court states that ‘‘any property that first step toward trying to take revenue, tax base, employment or general may now be taken for the benefit of an- someone’s property for private gain. economic health.’’ Rather, the development of other private property.’’ So if one This bill, of course, does not do any- affordable housing for low-income residents party has a project that will yield more thing to infringe on the community’s constitutes a traditional public purpose for tax revenue than is currently provided rights and the constitutional history in which eminent domain powers have long been by a piece of property, that property this country of communities taking recognized. Given that this bill will not in any may be taken. This gives local govern- private property for public use, i.e., way limit the exercise of eminent domain pow- ments broad powers. This creates great airports, roads, bridges, et cetera. It ers for the development of affordable housing, concern in the Agriculture Committee, does not touch that at all. So I believe I concur in the Committee’s report. as has already been noticed. Farm and that is why we were able to come to Ms. HERSETH. Mr. Chairman, I yield ranch land can be taken very easily be- this state. We have gone through the 2 minutes to the gentleman from Colo- cause a golf course, a shopping mall, an process, worked through regular order. rado (Mr. SALAZAR). amusement park can easily be classi- We had our hearings. Attorneys Mr. SALAZAR. Mr. Chairman, I fied as being more important as far as scrubbed the bill. People asked ques- thank the gentlewoman from South economic development than agricul- tions, what if this happened, what if Dakota for yielding me this time. tural land. Nonprofits, such as church- that happened. And we tried to address Mr. Chairman, in my district, the es, Salvation Army, Goodwill Indus- every issue that has come to us thus values of faith, family, and commit- tries, shelters, are very vulnerable. far. ment to community are sacred. We also They generate little or no tax revenue. Again, it is a great day when we have hold sacred the right to own property So almost any project can supersede two committees coming together, two without fear of its being taken away by them in this regard. parties coming together. People from government. Small businesses are very vulnerable. all over the country, whether they live Unfortunately, local governments are I had a farmer athlete who played for in a rural area or whether they live in seizing property in the name of eco- me who had worked very hard to de- an urban area, have the same concern nomic development and transferring velop a small business in an old build- about property rights after the Kelo ownership to other private individuals. ing, a restaurant, and a new hotel was decision. American citizens are losing their coming into the area. The local city I look forward to a resounding vic- homes in the interest of building strip council was thinking about shutting tory today for the people of this coun- malls or big-box stores. Even more dis- him down, destroying the building, try. heartening is the fact that the U.S. Su- building a new hotel, which would be Ms. HERSETH. Mr. Chairman, I yield preme Court has endorsed this behavior economic development. And this per- for the purpose of making a unanimous in what I feel is a misinterpretation of son was essentially very vulnerable. consent request to the gentlewoman the takings clause of the fifth amend- His whole life savings, his whole in- from California (Ms. ZOE LOFGREN). ment to the Constitution. vestment was going to be gone. So this (Ms. ZOE LOFGREN of California I voted to prohibit this kind of action bill would prevent that. asked and was given permission to re- when I was a State representative in H.R. 4128 prevents States and local vise and extend her remarks.) Colorado, and I have also voted my dis- governments from receiving Federal Ms. ZOE LOFGREN of California. Mr. approval of the ruling in the case of economic development funds if they Chairman, I rise in support of the bill. Kelo v. New London. abuse their powers of eminent domain. Mr. Chairman, as a member of the House I rise today in support of H.R. 4128, These are important protections. Judiciary Committee I had the opportunity to the Private Property Rights Protection I would like to thank Chairman review quite carefully this bill. While I dis- Act. I am a cosponsor of this bill, and GOODLATTE, Chairman SENSENBRENNER, agreed with the Supreme Court decision, I I supported passage of the STOPP Act, and others who have worked so hard on must confess that the bill before us today is H.R. 3405, in the Agriculture Com- this bill; and certainly I urge adoption not drafted as carefully and clearly as I would mittee just last month. of it.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9581 Ms. HERSETH. Mr. Chairman, I yield springs from our oath of office, which and then sells the property to a dif- 2 minutes to the gentleman from Geor- we take at the beginning of every Con- ferent private owner under the premise gia (Mr. SCOTT). gress. It provides: ‘‘I do solemnly that the property would benefit the Mr. SCOTT of Georgia. Mr. Chair- swear/affirm that I will support and de- community with increased economic man, I thank the gentlewoman from fend the Constitution of the United development. South Dakota for yielding me this States against all enemies foreign and We all support economic develop- time. It is a pleasure to work with her domestic and that I will bear true faith ment, but if a community wants to do on this, and I appreciate the oppor- and allegiance to same.’’ that, they need to go to that individual tunity to speak on this important issue And I believe that is what Repub- landowner and say, this what we want, on the House floor today. licans and Democrats are doing today we want to buy your property, and this As we all know, on June 23, 2005, the is bearing true faith to the Constitu- is what we are going to do with it. We Supreme Court handed down its deci- tion, which in its fifth amendment pro- should not take it under the cloud of sion in the case of Kelo v. The City of vides that no person shall be deprived eminent domain. New London. In Kelo, the Court ad- of life, liberty, or property without due The fifth amendment to the Con- dressed the city’s condemnation of pri- process of law nor shall private prop- stitution states that ‘‘private property vate property to implement its redevel- erty be taken for public use without shall not be taken for public use with- opment plan aimed at invigorating a just compensation. out just compensation.’’ This did not depressed economy. By a 5–4 decision, The Private Property Rights Protec- seem to matter when the Kelo decision the Court held that the condemnation tion Act by virtue of its outstanding was made. satisfied the fifth amendment require- authorship, Chairman SENSENBRENNER, The Kelo ruling has essentially ment that property condemnations be Chairman GOODLATTE, Chairman stripped the public of the constitu- for a ‘‘public use,’’ notwithstanding BONILLA, fulfills this oath of office in a tional right to own that property if that the property, as part of the plan, profound way. In the wake of the June someone thought they had a better use might be turned over to private devel- 2005 Kelo decision by the U.S. Supreme for it than they did. I think that is opers. Court, which held that economic devel- what bothers so many people on a bi- The Supreme Court decision was in- opment could be a ‘‘public use’’ under partisan basis, rural, urban. The fact deed a wake-up call, Mr. Chairman, for the fifth amendment’s takings clause, that a small business or home can be many communities; and I have heard Congress and every Member of Con- taken away from a private citizen sim- loud and clear from my own constitu- gress, in my judgment, has a duty ply to increase tax revenues is dis- ents in Georgia that they are worried under that oath to support and uphold turbing and shows a blatant disregard I that their property rights are in jeop- and defend the Constitution. Indeed, think for the constitutional rights of ardy. Today we are going to remedy John Adams remarked: ‘‘The moment our citizens. this wrongful application of the law of the idea is admitted into society that In Texas, our State legislature has eminent domain and restore important property is not as sacred as the law of already taken steps to correct the deci- property rights to private citizens. God and that there is not a force of law sion, at least under State law, by pass- This is very important, Mr. Chairman, and public justice to protect it, anar- ing legislation that would prohibit the what we are doing today. And as a co- chy and tyranny commence.’’ local government or private entity sponsor of H.R. 4128, the Private Prop- As a Member of the House Agri- from taking private property through erty Rights Protection Act, I believe culture Committee, I can say that the eminent domain for private benefit or that passage of this legislation will en- fear of development and the unbridled economic development purposes, and sure that no Federal dollars will be appetite of urban areas against rural we should do the same, at least as used to unjustly take any property at areas makes this an especially impor- much as we can do under our Federal the local and State levels. In addition, tant initiative of the Agriculture Com- laws. I will continue to support efforts to mittee and its distinguished chairman. So this bill does give us that oppor- curtail the power of eminent domain in tunity to defend our fundamental con- b 1530 an effort to protect private property stitutional rights of our constituents. rights. In the discharge of our duty to sup- Mr. GOODLATTE. Mr. Chairman, it H.R. 4128 is important, and I support port and defend the fifth amendment to is my pleasure to yield 2 minutes to it because it prohibits State and local the Constitution, I urge my colleagues the gentlewoman from North Carolina governments that receive Federal eco- very humbly, say no to Kelo, say yes to (Ms. FOXX), another member of the nomic development funds from using the Private Property Rights Protection House Agriculture Committee. eminent domain to seize land for eco- Act. Ms. FOXX. Mr. Chairman, Chairman nomic development purposes, except Ms. HERSETH. Mr. Chairman, I yield GOODLATTE and Chairman SENSEN- for the construction of public facilities 2 minutes to the gentleman from Texas BRENNER are to be applauded for the ex- such as hospitals or military bases, and (Mr. GENE GREEN). cellent, prompt work they have done for use by a public utility, aqueduct, or Mr. GENE GREEN of Texas. Mr. on this outstanding bill. a pipeline. Chairman, I thank my colleague for Fundamentally, this bill is truly one In conclusion, Mr. Chairman, the yielding me time. of the most important pieces of legisla- States and local governments that Mr. Chairman, I am proud to be a co- tion that this Congress has or will con- take lands for private development sponsor of H.R. 4128 and glad to rise in sider. The Supreme Court’s eminent could not receive Federal economic de- support of it. domain decision contradicts the very velopment funds for those years. I am The Private Property Rights Protec- ideals of liberty and property rights therefore very pleased that the House tion Act prohibits States and localities that have for 229 years defined the is voting on this important bill today. from using eminent domain powers for greatest government on earth. Mr. GOODLATTE. Mr. Chairman, I economic development purposes if the Our forefathers put their lives on the yield 2 minutes to the gentleman from State or local governing jurisdiction line and took up arms to obtain the lib- Indiana (Mr. PENCE). received Federal economic develop- erties and independence we enjoy. They (Mr. PENCE asked and was given per- ment funds during the same year. left their wives and families to shed mission to revise and extend his re- In the past, governments were only blood so their children would not be marks.) able to acquire property from private subject to British taxation, invasion of Mr. PENCE. Mr. Chairman, I thank owners if the property was going to be privacy and wrongful seizures of prop- the gentleman for yielding me this used for real public use, highways, erty. time. roads, schools, parks, or to eliminate The Framers of our Constitution Mr. Chairman, this is a rare moment that property from endangering the clearly defined the rights to speak and of bipartisanship in Congress, and it public. These transactions have typi- worship freely, bear arms and hold per- bears some reflection as I rise in strong cally not occurred when the govern- sonal property when they crafted the support of the Private Property Rights ment buys a property by the power of greatest form of government the world Protection Act. I think that agreement eminent domain from a private owner has ever known.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9582 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Property rights are a hallmark of geous effort in this most needed legis- feat amendments that would open this what separates America from nations lation. back up to the same kind of court mis- whose citizens live in fear of their own Ms. HERSETH. Mr. Chairman, let me interpretation that has been a problem government. In fact, property rights just conclude by commenting in my re- here. and the opportunity for homeowner- maining time on some of the testimony Finally, let me say that the United ship are principal reasons that citizens that we heard in Chairman POMBO’s States Constitution protects private come from other nations desperately to Committee on Resources, on which I property rights as a fundamental right, America. However, as a result of the also sit, about the compelling testi- and we need to make sure that we re- atrocious decision made by the Su- mony of individuals, business owners, spond to a Supreme Court decision that preme Court, those exact rights be- who have been victims of abuses of has cast private property rights in came jeopardized. eminent domain for the purpose of a America into question by passing this As Members of Congress, we have a private-to-private transfer. important legislation today. responsibility to uphold the Constitu- So not only have we heard these com- Mr. TIAHRT. Mr. Chairman, I am pleased tion and protect the rights of our con- pelling stories from individuals, fami- the House of Representatives is again taking stituents. We also have the responsi- lies who have been affected, both in action to curb further abuse of eminent do- bility to carefully monitor the actions cities and in the country, but we have main for economic development purposes. of the judicial branch. also had good bipartisan work in draft- Ever since the infamous Kelo v. City of New The bipartisan support this bill has ing sessions, our legislative hearings, London Supreme Court decision in June, Kan- both in Congress and in our districts our markups, in the Agriculture Com- sans have voiced their strong opposition to loudly proclaims the widely held oppo- mittee, in the Resources Committee, this ruling. sition to the Supreme Court’s un- now the Judiciary Committee. The bill I agree fully with my constituents that gov- American eminent domain decision. I that is under consideration today, that ernments should not be given the authority to am proud to help ensure that such an has attempted to respond in the most transfer private land from one owner to an- appalling ruling will not be made effective way to a ruling, as I men- other for economic development purposes. again. tioned, that received strong dis- Securing the right of individuals to own and I hope and pray the newly appointed approval from this body shortly after manage their own property is provided for in Supreme Court justices will never rule the Supreme Court’s ruling and on the U.S. Constitution. The Fifth Amendment as irresponsibly as those five justices which even the opinion’s author and, as states, ‘‘nor shall private property be taken for who supported the eminent domain de- I understand, even another member of public use without just compensation.’’ cision did. We cannot let courts or the court who recognized that this is Every constituent who talks with me about local governments trample on property something the legislatures should con- this issue strongly believes the Supreme Court rights. tend with. And that is precisely what went too far when it said that a government I urge all my colleagues to support we are doing today on the House floor. can transfer private land from one owner to this bill. Congress needs to take action. We another if the second owner will supposedly Ms. HERSETH. Mr. Chairman, I re- need to take it immediately. Our hope generate more tax revenue. The court’s deci- serve the balance of my time. is certainly that we can make this bill sion does not pass the common sense test. Mr. GOODLATTE. Mr. Chairman, I law in short order, because, as some of The court’s flawed reasoning is precisely am pleased to yield 1 minute to the the testimony before the Resources what the original Supreme Court, warned gentlewoman from Ohio (Mrs. Committee last week also indicated, against at its inception in 1789 when it called SCHMIDT), the newest Member of Con- certain municipalities and other local eminent domain a ‘‘despotic power.’’ Unfortu- gress, who is standing up on this im- units of government moved quickly nately, we have been forced to respond to the portant issue. after the Supreme Court’s decision in 2005 Supreme Court’s decision with legislation (Mrs. SCHMIDT asked and was given Kelo to exercise their eminent domain to deter future land grabs by greedy local gov- permission to revise and extend her re- powers for purposes of economic devel- ernments. marks.) opment for a public purpose, public The Private Property Rights Protection Act Mrs. SCHMIDT. Mr. Chairman, I rise benefit, beyond the plain language of of 2005, H.R. 4128, would deny federal eco- today in strong support of H.R. 4128, of the United States Constitution that nomic development assistance to any State or which I am a cosponsor, legislation to limits the eminent domain power to local government that chooses to use the protect private property of all Ameri- public use. This has been a broad trend power of eminent domain for economic devel- cans. As my fellow Ohioan William for a number of years, culminating in opment purposes. Howard Taft, the only person to serve the Supreme Court’s decision in Kelo, I strongly support H.R. 4128 and congratu- as President and Chief Justice of the that requires the action of this body. late Chairman SENSENBRENNER for his leader- Supreme Court, said, ‘‘Next to the I urge my colleagues to support final ship on this important land-rights issue. I sup- right of liberty, the right of property is passage of this bill that is a well-craft- port the bill’s passage and am hopeful the the most important individual right ed, careful, thoughtful attempt to ad- Senate will act quickly so we can get it to the guaranteed by the Constitution.’’ dress a serious problem for property President for his signature. When the Supreme Court decided in owners across the country. Americans have relied on constitutional pro- Kelo that the State and local govern- Mr. Chairman, I yield back the bal- tection against abusive land transfers from ments can require homeowners to va- ance of my time. one person to another for more than two cen- cate their property to make way for Mr. GOODLATTE. Mr. Chairman, I turies. History reminds us that nations that dis- commercial development, it failed yield myself the balance of my time. regard the rights associated with private prop- property owners’ rights and our Con- Mr. Chairman, I would like to start erty ownership disregard other fundamental stitution. by thanking some people who do not rights of the citizenry. This legislation is important to me always get thanked, and that is the We have recognized there are times when because of residents in Norwood, Ohio. diligent, hard-working staff of the Ag- governments need to purchase private land to In Norwood, Ohio, these residents are riculture Committee on both sides of build a road or construct a school for use by suing right now saying that it misused the aisle, the Judiciary Committee on the general public. Occasionally, this has to be the power of eminent domain by de- both sides of the aisle and my congres- done against a landowner’s wishes. But our claring a neighborhood was blighted sional office staff. They worked very, Founders believed only under extreme cir- and turning the property over to a pri- very hard on what I think is a com- cumstances should property be taken from a vate company for the development of a prehensive and carefully crafted piece land owner for the greater public good. The shopping center. The Ohio Supreme of legislation. idea that a government would use its eminent Court is taking this matter. We hope We are going to begin to entertain domain power to take land from one private there is a better resolution than the some amendments, and some of those owner and transfer it to another land owner for one in Kelo. amendments could have a devastating economic development is an abuse of the I want to commend Chairman SEN- impact, a gutting effect on this legisla- public good definition. SENBRENNER and Chairman GOODLATTE tion, and I urge my colleagues to fol- H.R. 4128 will prohibit States and local gov- for their good work and their coura- low that debate closely and help us de- ernments from exercising eminent domain for

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9583 economic development, or for property that is the government. These fears, however, are economic development is only an instrumental subsequently used for economic development, unwarranted and stem from a fundamental or secondary aspect of the project, and those if the State is a recipient of Federal economic misunderstanding of eminent domain. where economic development is the primary development funds that fiscal year. If a State Eminent domain is a power granted local interest. I am concerned by this decision. or local government is in violation of this provi- governments by the Fifth Amendment. The Our founding fathers believed so much in sion, it would be ineligible for Federal eco- Supreme Court decision in no way precluded the sanctity and importance of private property nomic development assistance for 2 fiscal the rights of States to place further restrictions that they felt it needed to be protected in the years following a final judgment. on eminent domain and to more narrowly de- Constitution. However, due to the recent rul- Many farmers in my district have expressed fine public use. The court leaves these rights ing, government officials can confiscate private particularly how harmful this court ruling could to local officials and citizens for public debate. property if they simply argue the local commu- be to them if a local government wants to take In my experience as a local elected official, nity will receive an economic benefit to do so. their land for development. Many farms have eminent domain was the absolute last resort, In fact, the Institute for Justice estimates that been in the same family for generations. but it was an important tool to have if was ab- over 10,000 homes nationwide are in danger Under the Supreme Court’s ruling, a govern- solutely necessary. of being destroyed by aggressive local govern- ment could forcefully take all or a portion of In the discussion on the House floor today, ments. Now officials can seize the homes of the family farm so more tax revenue could be my colleagues failed to recognize the many private citizens to generate more tax income generated by a developer. This scenario is a benefits we experience thanks to eminent do- to fuel big government spending programs. Justice O’Connor had it right when she stat- real possibility that demands the Congress main. Twenty years ago, Times Square was a ed, ‘‘under the banner of economic develop- take action to prevent such an unjust land notoriously dangerous neighborhood in New ment, all private property is now vulnerable to grab. York City. Eminent domain was used to take being taken and transferred to another private The same situation could arise for a house 13 acres of land, condemning 56 lots and owner, so long as it might be upgraded—given of worship or other non-profit organization. En- moving 404 tenants. The public-private rede- to an owner who will use it in a way that the tities that do not generate tax revenue are par- velopment included a highly successful mix- legislature deems more beneficial to the pub- ticularly vulnerable to land grabs by govern- ture of for-profit and non-profit theaters, retail lic—in the process.’’ ments interested in generating more tax dol- facilities, hotels, and office buildings. What Property rights are civil rights. There can be lars. was once a blighted, unsafe neighborhood is no individual freedom without the power of an Small businesses are also in support of this now a safe and vibrant city center. individual to control their own autonomy bill because it protects their property from Connecting the U.S. Capitol and the White through the free use of their own property. being handed over to a larger company, or House, Pennsylvania Avenue is one of this The Supreme Court’s decision poses an im- even a competitor. Small shop owners that country’s most important thoroughfares. Fifty mediate threat to that essential freedom, and may be struggling to survive would be an easy years ago, however, it was a street bordered the most likely victims will be the most vulner- target for a local government. It is important by many problematic land uses and buildings able in our society if Congress does not act. we pass legislation that helps protect small that significantly detracted from its role in the Mr. RUPPERSBERGER. Mr. Chairman, I businesses. H.R. 4128 does just that by alle- life of Washington, D.C. and America. In 1972, rise today in support of this bill, H.R. 4128. viating the threat a local body could pose to Congress created the Pennsylvania A venue What we witnessed as a result of the Su- small businesses when it comes to supposed Development Corporation, which in turn exer- preme Court’s ruling in Kelo vs. City of New economic development. cised the power of eminent domain to revi- London was unfortunate. I look forward to seeing this bill passed and talize this important avenue of American life. I know that all across the country local gov- signed into law. Support for this bill is support This bill is a hasty political response to a ernments are looking for ways to revitalize for home owners, small businesses, farmers, narrow Supreme Court decision. I am con- their communities. I believe these efforts are ranchers, houses of worship and anyone who cerned that it is overly broad and will have important and necessary to help their neigh- believes in private property rights. many unintended consequences for our States borhoods and families thrive, however, I be- Ms. WOOLSEY. Mr. Chairman, today the and communities and hamper their ability to lieve that the City of New London acted inap- House passed H.R. 4128, a bill that makes build safer, healthier and economically secure propriately. states and local governments ineligible for neighborhoods. I urge my colleagues to defeat The Supreme Court’s ruling in the case Federal economic development funds for 2 this bill and allow local governments to reform went too far and made governments’ eminent years if they exercise eminent domain in the eminent domain laws in manners consistent domain powers too broad. name of economic development. with their communities’ needs. I am extremely concerned with the apparent Protecting the rights of individual property Miss MCMORRIS. Mr. Chairman, I rise disregard by a majority of the Supreme Court owners is of the utmost importance. However, today to offer my support of H.R. 4128 the Pri- regarding the purpose of the Takings Clause there are certain circumstances when the best vate Property Rights Protection Act of 2005. under the Fifth Amendment. The Kelo ruling interest of a town is served by the responsible I am pleased the House of Representatives would allow the taking of private property for use of eminent domain. As a former City recognizes the importance of protecting pri- the benefit of another private entity. When I was County Executive I put forward Council Member, I know how effective this tool vate property rights, and clarifying legitimate a plan to use eminent domain for the purpose can be when it is used judiciously. In my State takings by the Federal Government and dis- of public safety although there were private couraging takings for private development. of California there are restrictions on local entities that would have benefited. My goal Without a doubt, I am a strong defender of governments’ use of eminent domain to en- was to revitalize a deteriorating community private property rights. Uncompensated regu- sure that situations like that of Kelo v. City of and I felt that eminent domain was a tool I New London do not happen. latory takings of private property have become needed to address revitalization of an area We have to trust local authorities to use this an immense problem across our Nation. As with high levels of poverty and a high crime power responsibly and respectfully and only Federal, State, and local regulations have in- rate. when it truly benefits the community at large creased in number and scope, property own- As a consequence of the public debate on and when property owners are fairly com- ers have increasingly found themselves un- that experience, I have come to better appre- pensated. By restricting the use of eminent able to use their property and unable to re- ciate the severity of the government inter- domain, we take away our local governments’ cover the losses that result. vening to benefit one private entity to the det- ability to serve and improve their jurisdictions. In Kelo v. City of New London, decided riment of another private entity. I believe that As the leaders of our neighborhoods and June 23, 2005, the Supreme Court ruled 5–4 using eminent domain to take private property towns, we must trust they know best how to that the city’s condemnation of private prop- should only be used in situations where there use the resources and assets that are avail- erty, to implement its area redevelopment plan is an overwhelming public benefit such as able. aimed at invigorating a depressed economy, roads, schools, hospitals, and public safety Mr. Chairman, by restricting the use of emi- was a ‘‘public use’’ satisfying the U.S. Con- needs. I understand this legislation as pre- nent domain we have in fact impeded our stitution—even though the property might be venting the use of eminent domain for eco- local governments’ ability to make necessary turned over to private developers. The majority nomic development and that any use of emi- progress. opinion was grounded on Supreme Court deci- nent domain for the purposes of public safety Mr. BLUMENAUER. Mr. Chairman, the Su- sions holding that ‘‘public use’’ must be read is still permitted. preme Court Ruling in Kelo v New London broadly to mean ‘‘for a public purpose.’’ By prohibiting the Federal Government from sparked many fears among citizens that their This decision does not take into sufficient using strictly economic development as a jus- property was at risk of being taken away by account the distinction between projects where tification for condemnation of private property;

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9584 CONGRESSIONAL RECORD — HOUSE November 3, 2005 and by prohibiting States and local govern- when private property should be utilized for tion Act of 2005. I was disturbed—as were so ments that receive Federal economic develop- the good of the community. Congress cannot many Americans—both by the decision of a ment funds from taking private property for and should not tie the hands of locally elected local Connecticut community to seize private strictly economic development purposes, the leaders to do what they believe is in the best property for area economic development and supporters of this legislation hope to prevent interest of their communities. If those local offi- the Supreme Court’s upholding their right to another New London. cials make the wrong choices, voters will no do so. This legislation would not prevent the Fed- doubt respond. While I believe our Constitution allows for eral, State or local governments from exer- Mr. LEVIN. Mr. Chairman, the bill before the State and local governments to execute the cising eminent domain for public facilities or House today is a good example of a legisla- power of eminent domain for those purposes other uses defined as public use. tive cure that is worse than the underlying dis- that specifically serve the public good, con- It is vital that we protect the property rights ease. demning property solely to implement eco- of all Americans from arbitrary application of I want to say at the outset that there have nomic development plans is not serving the eminent domain by passing this legislation. been some very questionable uses of eminent public good. Private property rights matter in I urge my colleagues to support the bill. domain. The fifth amendment to the Constitu- this country, and violating those rights insults Mr. MURPHY. Mr. Chairman, the Private tion clearly states that private property may a very basic tenet of American fairness. For Property Rights Protection Act would hope- not be taken except for public use, and then my constituents, owning a home is the cul- fully, once and for all, prohibit Federal, State only after just compensation has been paid to mination of many years of hard work and the and local use of eminent domain to take pri- the property owner. In many cases, the use of realization of the American Dream. At no time vate property for economic development. eminent domain is justified, but it is invariably should a local entity take those years of hard The Fourteenth Amendment’s due process controversial. I remember the controversy that work solely to increase their tax revenue. clause gives eminent domain authority to attended the construction of the Walter Reu- I am proud to support this bipartisan legisla- States and localities if seizing property for a ther Freeway in my home State during the tion. ‘‘public use.’’ However, in the Kelo decision, 1960s and 1970s. Some communities were fu- Mr. MENENDEZ. Mr. Chairman, the Con- the Supreme Court ruled that New London, rious over the project, but there was no doubt stitution and the fifth amendment allows the Connecticut’s redevelopment plan was con- in anyone’s mind that the road served a clear government to use ‘‘eminent domain’’ to con- stitutional and, in fact, for a ‘‘public use’’— public use. demn and take private property only if the largely ignoring the reality that the property, as Other uses of eminent domain are much owner receives ‘‘just compensation’’ and only part of the plan, would be turned over to pri- more questionable. In Washington, as in so if the property is taken for ‘‘public use.’’ Com- vate developers. many other cities, a decision has been made mon sense and Supreme Court decisions tell The Fourteenth Amendment also contains to spend hundreds of millions of taxpayer dol- us that public uses are schools, roads, parks, what’s known as the equal protection clause, lars to build a new stadium for the benefit of railways, hospitals, and military bases. That is Major League Baseball and the future owner which states: ‘‘No State shall make or enforce something that we all know and realize. any law which shall . . . deny to any person of the Washington Nationals. Indeed, the Dis- Unfortunately, earlier this year, in Kelo v. within its jurisdiction the equal protection of trict Government filed court papers the other City of New London, the Supreme Court em- the laws.’’ But the Kelo ruling deliberately de- day to seize $84 million worth of property from powered the government to seize private prop- clares that heretofor, certain persons and their its current owners. Are stadium deals like this erty, including someone’s own home, and a legitimate public use? Evidently, they must property will in fact be protected UNequally. transfer it to another private owner as long as be since the legislation before the House con- Or, in the case of Kelo, not at all. the transfer would provide an economic ben- tains an exception that would seem to allow In addition to prohibiting any level of govern- efit to the community. ment from using economic development as a the use of eminent domain to build such facili- The hope of one day owning a home is the ties. reason for exercising its power of eminent do- backbone of the American Dream. The house While lucrative stadium deals apparently main, H.R. 4128 would also provide assur- is the single most important purchase most enjoy protection under this bill, there is a blan- ances that those who are victimized by emi- ket prohibition placed on the use of eminent Americans will ever make. The average family nent domain property seizures will get their domain for economic development purposes. invests more in their homes than they invest day in court. Eminent domain victims suffering States and localities that take land for private, in the stock market, the money market, or injuries from a violation of the protections in for-profit projects or those designed to in- their retirement savings plans. There’s a good H.R. 4128 will be allowed access to State or crease the tax base or employment stand to reason for that. Housing has been a safe, le- Federal court to enforce its provisions. lose all their Federal economic development veraged investment, and one of the best in- Mr. Chairman, the home ownership rate is funding for 2 years. The penalty would extend vestments one can make. at the highest level in our Nation’s history. to all economic development funds, even That is why government must not have a Owning one’s home and property is the cor- those going to meritorious projects that do not green light to seize our homes just because it nerstone of the American Dream. The Kelo use eminent domain. The language of this leg- believes it would be more profitable as some- decision sets a precedent that can turn the islation is so broadly written, and the penalties thing else. While eminent domain has been American Dream into a nightmare for victims are so severe, that it will tie our cities and used successfully throughout our history to ad- of eminent domain. States in knots. Any use of eminent domain vance important public projects, it should I salute Chairman SENSENBRENNER and could conceivably trigger the overly broad never be manipulated to solely support the in- Chairman SMITH of the Judiciary Committee penalties contained in this legislation. The po- terests of private developers. and Chairman GOODLATTE of the Agriculture tential liability facing cities and States that use Increasingly, local governments are exploit- Committee for developing this strong, bipar- eminent domain is open-ended and could ex- ing eminent domain powers to take property tisan legislative defense of private citizens. I tend for years or even decades into the future. for retail, office or residential development. In am proud to cosponsor the legislation, and Land use planning is primarily a State and my State of New Jersey, some localities have urge all Members to support this prudent bill. local function. Members of Congress fre- abused eminent domain so that beachfront Mr. STARK. Mr. Chairman, I rise in opposi- quently pay lip service to States’ rights and homes can be replaced by luxury townhouses tion to H.R. 4128, which bars local govern- local control, but this bill would overrule the and condominiums. ments from using eminent domain for eco- limitations that many States have placed on That is why I support H.R. 4128, the Private nomic development. eminent domain and land transfers to private Property Rights Protection Act. This legislation The urban renewal of the last decade has entities for economic development purposes. would deny States and localities from receiv- benefited every part of the country and many In the case of my own State, in 2004, the ing any Federal economic development funds cities in the 13th Congressional District. The Michigan Supreme Court limited the use of if they abuse their eminent domain power. very purpose of government is to make tough eminent domain by narrowly interpreting the H.R. 4128 also bars the Federal Government decisions that benefit the community, and I State constitution’s takings clause in County of from exercising eminent domain for economic cannot support Congress taking away this es- Wayne v. Hathcock. development. sential government function. There is a lot of room for improvement in Mr. Chairman, over 200 years ago, James This bill would also extend the Federal Gov- the use of eminent domain. Unfortunately, the Madison said that ‘‘Government is instituted to ernment ever further into matters in which it legislation before the House is an unreason- protect property of every sort . . . This being doesn’t belong—in this case—real estate plan- able and unworkable solution. the end of government, that alone is a just ning and development. City councils are elect- Mr. ORTIZ. Mr. Chairman, I rise today is government which impartially secures to every ed and empowered to make the difficult choice support of the Private Property Rights Protec- man, whatever is his own.’’

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9585 That is why this bill is so needed. I urge my lution stated, ‘‘State and local governments entity—such as a retail establishment on the colleagues to support H.R. 4128 to not only should only execute the power of eminent do- ground floor in a public property; for the acqui- protect homeowners, but to also ensure that main for those purposes that serve the public sition of abandoned property; and for clearing homeownership remains the hallmark of Amer- good . . . [and that for them to do otherwise] defective chains of title. ican life. constitutes an abuse of government power During the debate on the resolution about Mr. LARSON of Connecticut. Mr. Chairman, and an usurpation of the individual property the Kelo decision, I noted that the States, I rise today sharing the concerns of my col- rights as defined in the fifth amendment.’’ through their legislatures or in some cases by leagues about the dangerous expansion of the In voting for that resolution, I also noted my direct popular vote, can put limits on the use eminent domain power and the Supreme endorsement of its statement that ‘‘Congress of eminent domain by their local governments Court’s decision in Kelo v. City of New Lon- maintains the prerogative and reserves the and that I thought this would be the best way don. I firmly believe there need to be safe- right to address through legislation any abuses to address potential abuses. guards against the excessive and unfair use of of eminent domain by State and local govern- That is still my view, and I think the view of the government’s eminent domain power. ment.’’ many Coloradans. Already, members of our Governors and State legislators across the That is the purpose of this legislation. State’s legislature are acting to curb potential country, including those in my home State of The bill prohibits Federal agencies from abuses in the use of the eminent domain Connecticut, are currently grappling with this using the power of eminent domain for the power—an effort I support—and some have important issue. As a former State legislator, I kind of economic development project that suggested that as a result there is no need for understand that these issues are best re- was involved in the Kelo case. It also would this bill. viewed and addressed at the local level. The deny Federal economic development assist- I think there is some merit to that argument, Federal approach is overly broad and although ance to any State or local entity that uses its and I have given careful consideration to the well intentioned, falls short of protecting the eminent domain authority in that way. points made by some of its most thoughtful communities it purports to protect. Specifically, the bill would penalize any and respected proponents, such as Sam Let me make my position clear, private State or local government that takes private Mamet of the Colorado Municipal League, who property is one of the most fundamental rights property and conveys or leases it to another are concerned about the potential that Con- our founding fathers safeguarded in the Con- private entity, either for a commercial purpose gress could put unnecessary constraints on stitution. Property rights deserve the utmost or to generate additional taxes, employment, the ability of local governments to address the protection from governmental intrusion. As a or general economic health. A State or local needs of our communities. lifelong resident of Connecticut, I am sad- government found to have violated this prohi- However, after careful consideration, I have dened by the Supreme Court’s decision in the bition would be ineligible for certain Federal concluded that Congress should act to provide Kelo case and like many in Connecticut and economic development funds for 2 years, but an effective deterrent to abuse of eminent do- across the country, feel vulnerable to the po- could become eligible by returning or replacing main, while still allowing its use in appropriate tential abuse of eminent domain authority. the property. circumstances. And I think this bill, while cer- However, I do not feel this bill brings justice to The bill also would give private property tainly not perfect, does strike a fair balance communities or comprehensively secures owners the right to bring legal actions seeking and deserves to be supported. property rights from the misuse of the local enforcement of these provisions and would Mr. HEFLEY. Mr. Chairman, this bill at- and State government taking authority. waive States’ immunity to such suits. tempts to right a great wrong. The Supreme Court’s June 23 ruling in the By attempting to narrow the scope of emi- This is strong medicine, but I think the pre- case of Kelo v. the City of New London struck nent domain through broad and vague terms, scription is appropriate. at the heart of American liberties, effectively Congress is assuming to identify what does I found persuasive the views of Justice eliminating the pursuit of happiness or prop- and does not constitute a local public need— O’Conner who, dissenting in the Kelo case, erty as a basic unalienable right. a job historically left to our towns, cities and warned that the decision could make more I think events since then have proven that States. These local municipalities would risk likely that eminent domain would be used in a the Court was wrong, at least in the eyes of losing much-needed economic development reverse Robin Hood fashion—taking from the the American people. poor, giving to the rich—and that ‘‘The bene- funds should they exercise eminent domain According the Institute for Justice, eminent ficiaries are likely to be those citizens with dis- authority that goes outside the ambiguous domain reform legislation will be considered in proportionate influence and power in the polit- Federal standard set in this bill. Unfortunately, 35 states over the next year. the people most affected by this punitive ical process, including large corporations and Justice John Paul Stevens, who wrote an measure are not the local and city govern- development firms.’’ opinion in favor of the Kelo decision, recently ments making the decisions or the ones at the The bill is intended to make this less likely. said he was troubled by the policy implications bargaining table, it is individuals and families It does not do so by attempting to replace of the ruling and that, if he were a legislator, living in communities throughout the city, in State and local authority with Federal law. I do he would work to change it. neighborhoods that depend on federally fund- not think the Constitution gives us that power, And, in a final stroke of justice, New London ed economic development projects for decent and it would not be right to do it even if we City Council recently fired the New London housing and livable communities. These are could. Development Corporation that was at the the ones who will truly be penalized by this Instead, it would require the States and heart of the Kelo case. Unfortunately, this ac- bill. local governments to decide whether they are tion came after $73 million in public dollars Eminent domain is a careful balance of pro- prepared to sacrifice certain Federal assist- were spent and after it had razed virtually the tecting private rights and local public needs. ance for 2 years as the price for exercising entire Fort Trumbull neighborhood. This bill is not yet there. Because of the work their authority in ways covered by the bill. Akhil Reed Amar, a Yale law professor and still ahead of us, I am voting against this legis- It is important to note that the bill would author of the book America’s Constitution, re- lation today in the hope that these issues will apply only to cases involving the taking of pri- cently observed that the Supreme Court’s ex- continue to be addressed during conference vate property, without the consent of the alted status as the infallible interpreter of the with the Senate and that it will work to clarify owner, in order to conveyor or lease it to an- Constitution is a fairly recent phenomenon and these remaining questions. other private person or entity for commercial that the Court has been proven wrong before. Mr. UDALL of Colorado. Mr. Chairman, I will enterprise carried on for profit, or to increase He pointed to the Dred Scott decision as one vote for this legislation. tax revenue, tax base, employment, or general example. The bill responds to the decision of the U.S. economic health. This is another. Supreme Court in the case of Kelo et al. v. Thus, the bill would not apply to the types And when the Supreme Court is wrong, it is New London et al., a case that involved the of takings that have traditionally been consid- the duty of this body, the Congress, to correct question of the scope of a local government’s ered appropriate public uses, and it also in- it. authority to use the power of eminent domain, cludes exceptions for the transfer of property This bill goes a long way toward doing that. and in particular whether local governments to public ownership, to common carriers and I’d like to see it go further. Because while I am may condemn private houses in order to use public utilities, and for related things like pipe- a supporter of States’ rights, I do not know the land for uses that are primarily commer- lines. It includes exceptions for the taking of whether individual States have the right to ab- cial. land that is being used in a way that con- rogate basic freedoms. Earlier this year, I voted for a resolution ex- stitutes an immediate threat to public health But I’ll settle for this. We all took an oath to pressing disapproval of that decision. I did so and safety and makes exceptions for inci- defend the Constitution and that’s what this bill because it is my strong view that, as the reso- dental use of a public property by a private tries to do. Therefore, I urge its support.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9586 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Mr. WELDON of Florida. Mr. Chairman, I jurisdiction during any House-Senate con- Once again, it has been a pleasure to work rise today in strong support of H.R. 4128, leg- ference that may be convened on this or with you and your staff. I look forward to islation to address the U.S. Supreme Court’s similar legislation. I ask for your commit- seeing H.R. 4128 enacted soon. ment to support any request by the Energy Sincerely, June 23, 2005, decision in Kelo v. City of New and Commerce Committee for conferees on RICHARD W. POMBO, London. This ruling by the Court deeply con- H.R. 4128 or similar legislation. Chairman. cerns me, and that is why I rise in strong sup- port of this bill. I request that you include this letter in the Congressional Record during consideration HOUSE OF REPRESENTATIVES, It has long been established that the United of H.R. 4128. Thank you for your attention to COMMITTEE ON THE JUDICIARY, States may invoke its power of eminent do- these matters. Washington, DC, November 2, 2005. main to take private property if it is for ‘‘public Sincerely, Hon. RICHARD W. POMBO, use.’’ However, in its Kelo decision, the U.S. JOE BARTON, Chairman, Committee on Resources, Longworth Supreme Court has broken dangerous, new Chairman. House Office Building, Washington, DC. ground by redefining public use. Under Kelo, DEAR CHAIRMAN POMBO: Thank you for no longer is the government limited in its ac- HOUSE OF REPRESENTATIVES, your recent letter concerning the Committee quisition of private property to the creation of COMMITTEE ON THE JUDICIARY, on Resource’s jurisdictional interest in H.R. roads, military bases, parks, and so forth. In- Washington, DC, November 2, 2005. 4128, the ‘‘Private Property Rights Protec- stead, the takings clause has been reinter- Hon. JOE BARTON, tion Act.’’ This legislation was introduced on October 25, 2005, and referred solely to the preted to allow a government to seize private Chairman, Committee on Energy and Commerce, House of Representatives, Rayburn House Committee on the Judiciary. The Committee property from one individual and give it to an- Office Building, Washington, DC. on the Judiciary conducted a mark up and other private individual, if the local government ordered the bill reported on October 27, 2005. DEAR CHAIRMAN BARTON: Thank you for deems that such condemnation and transfer of I appreciate your willingness to waive fur- your recent letter concerning the Committee ther consideration of H.R. 4128 to expedite property serves a public purpose. on Energy and Commerce’s jurisdictional in- consideration of the legislation, and ac- The result of such a decision played out to terest in H.R. 4128, the ‘‘Private Property knowledge the Committee on Resources’ ju- its logical extreme was seen days after the rul- Rights Protection Act.’’ This legislation was risdictional interest in the legislation. ing, when Logan Clements took initial steps to introduced on October 25, 2005, and referred seize the Weare, NH, home of Supreme Court solely to the Committee on the Judiciary. I agree that by foregoing consideration of Justice David Souter. On that site, he hoped The Committee on the Judiciary conducted a H.R. 4128, the Committee on Resources does to build ‘‘The Lost Liberty Hotel,’’ which would mark up and ordered the bill reported on Oc- not waive any jurisdiction it may have had over subject matter contained in this or leave copies of Ayn Rand’s Atlas Shrugged in tober 27, 2005. I appreciate your willingness to waive further consideration of H.R. 4128 to similar legislation. In addition, I agree to each room, and have a museum exhibit on the expedite consideration of the legislation, and support representation from the Committee loss of freedom in America. acknowledge the Committee on Energy and on Resources for provisions of H.R. 4128 de- While this may have been done more to Commerce’s jurisdictional interest in the termined to be within its jurisdiction in the make a point than with serious intent or con- legislation. event of a House-Senate conference on the legislation. cern for the economic development of Weare, I agree that by foregoing consideration of NH, it does illustrate the dangers of the Kelo H.R. 4128, the Committee on Energy and Finally, as requested, I will include a copy decision. There is nothing to prevent a local Commerce does not waive any jurisdiction it of your letter and this response in the Con- planning board from seizing homes, busi- may have had over subject matter contained gressional Record during floor consideration nesses, churches, or other property if, in the in this legislation. In addition, I agree to of this legislation. opinions of some, a more economically pro- support representation from the Committee Sincerely, on Energy and Commerce for provisions of F. JAMES SENSENBRENNER, JR., ductive purpose for that land may be pursued. Chairman. Private property rights are drastically eroded H.R. 4128 determined to be within its juris- diction in the event of a House-Senate con- by Kelo and they must be restored. ference on the legislation. U.S. HOUSE OF REPRESENTATIVES, Government should not be permitted to take COMMITTEE ON TRANSPORTATION property from one individual and give it to an- Finally, as requested, I will include a copy of your letter and this response in the Con- AND INFRASTRUCTURE, other. Thanks to the precedent of Kelo, the gressional Record during floor consideration Washington, DC, November 3, 2005. private property guarantee the Founders of this legislation. Hon. F. JAMES SENSENBRENNER, Jr., placed in the U.S. Constitution is no more. Sincerely, Chairman, Committee on the Judiciary, Ray- Legislation, like H.R. 4128, is needed to pre- F. JAMES SENSENBRENNER, Jr., burn Building, Washington, DC. serve the right to own private property, and I Chairman. DEAR MR. CHAIRMAN: I am writing to you encourage my colleagues to vote for this bill. concerning the jurisdictional interest of the Mr. SENSENBRENNER. Mr. Chairman, I HOUSE OF REPRESENTATIVES, Transportation and Infrastructure Com- submit the following jurisdictional letters of ex- COMMITTEE ON RESOURCES, mittee in matters being considered in H.R. 4128, the Private Property Rights Protection change for inclusion in the CONGRESSIONAL Washington, DC, October 28, 2005. Act of 2005. RECORD during floor consideration of H.R. Hon. JAMES SENSENBRENNER, 4128, the ‘‘Private Property Rights Protection Chairman, Committee on the Judiciary, Ray- Our Committee recognizes the importance burn House Office Building, Washington, Act.’’ of H.R. 4128 and the need for the legislation DC. to move expeditiously. Therefore, while we HOUSE OF REPRESENTATIVES, DEAR MR. CHAIRMAN: Congratulations on have a valid claim to jurisdiction over cer- COMMITTEE ON ENERGY AND COMMERCE, tain provisions of the bill, I will agree not to Washington, DC, November 2, 2005. your successful markup of H.R. 4128, the Pri- vate Property Rights Protection Act of 2005. request a sequential referral. This, of course, Hon. F. JAMES SENSENBRENNER, Jr., is conditional on our mutual understanding Chairman, Committee on the Judiciary, House As you are aware, I have been a vocal advo- cate for the protection of private property that nothing in this legislation or my deci- of Representatives, Rayburn House Office sion to forego a sequential referral waives, Building, Washington, DC. since coming to Congress 13 years ago. You should be commended for your leadership in reduces or otherwise affects the jurisdiction DEAR CHAIRMAN SENSENBRENNER: I under- of the Transportation and Infrastructure stand that you will shortly bring H.R. 4128, marshaling this important private property rights legislation through your committee. Committee, and that a copy of this letter as amended, the Private Property Rights and of your response acknowledging our Protection Act of 2005, to the House floor. I have reviewed the legislation and discov- valid jurisdictional interest will be included This legislation contains provisions that fall ered provisions that are within the jurisdic- in the Congressional Record when the bill is within the jurisdiction of the Committee on tion of the Committee on Resources. Because considered on the House Floor. Energy and Commerce. of the importance of moving this legislation I recognize your desire to bring this legis- to the floor quickly, I will not seek a sequen- The Committee on Transportation and In- lation before the House in an expeditious tial referral of H.R. 4128 based on their inclu- frastructure also asks that you support our manner. Accordingly, I will not exercise my sion in the bill. Of course, this waiver does request to be conferees on the provisions Committee’s right to a referral. By agreeing not prejudice any future jurisdictional over which we have jurisdiction during any to waive its consideration of the bill, how- claims over these provisions or similar lan- House Senate conference. ever, the Energy and Commerce Committee guage. I also reserve the right to seek to Thank you for your cooperation in this does not waive its jurisdiction over H.R. 4128. have conferees named from the Committee matter. In addition, the Energy and Commerce Com- on Resources on these provisions, should a Sincerely, mittee reserves its right to seek conferees on conference on H.R. 4128 or a similar measure DON YOUNG, any provisions of the bill that are within its become necessary. Chairman.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9587 HOUSE OF REPRESENTATIVES, standing that this will not prejudice the by the Institute for Justice found nearly 10,000 COMMITTEE ON THE JUDICIARY, Committee on Financial Services with re- cases from 1998 to 2002 of local governments Washington, DC, November 3, 2005. spect to its prerogatives on this or similar in over 40 States using or threatening to use Hon. DON YOUNG, legislation. I further request that you sup- Chairman, Committee on Transportation, House port appropriate representation from this eminent domain to transfer home and prop- of Representatives, Rayburn House Office Committee in the event of a House-Senate erties from one private owner to another. Building, Washington, DC. conference. Simply put, this abuse has to stop! DEAR CHAIRMAN YOUNG: Thank you for I will conclude by requesting that you Three months prior to the Kelo decision, your recent letter concerning the Committee place a copy of this letter and your response lawmakers in my home state of Utah passed on Transportation’s jurisdictional interest in in the CONGRESSIONAL RECORD during consid- Senate Bill 184, preventing the exercise of H.R. 4128, the ‘‘Private Property Rights Pro- eration of the bill. Thank you for your as- eminent domain authority by redevelopment tection Act.’’ This legislation was introduced sistance. agencies, which otherwise has the power to on October 25, 2005, and referred solely to the Yours truly, transfer land from one private entity to an- Committee on the Judiciary. The Committee MICHAEL G. OXLEY, on the Judiciary conducted a mark up and Chairman. other. ordered the bill reported on October 27, 2005. This legislation effectively took the matter I appreciate your willingness to waive fur- HOUSE OF REPRESENTATIVES, out of the courts by placing a higher value on ther consideration of H.R. 4128 to expedite COMMITTEE ON THE JUDICIARY, the private property rights of individuals than a consideration of the legislation, and ac- Washington, DC, November 2, 2005. city’s desire to increase tax revenues. knowledge the Committee on Transpor- Hon. MICHAEL G. OXLEY, Just as this legislation served as a wake-up tation’s jurisdictional interest in the legisla- Chairman, Committee on Financial Resources, call to redevelopment agencies throughout tion. Rayburn House Office Building, Wash- Utah, I believe the Kelo decision woke Amer- I agree that by foregoing consideration of ington, DC. H.R. 4128, the Committee on Transportation DEAR CHAIRMAN OXLEY: Thank you for ica up to the fact that over time, our property does not waive any jurisdiction it may have your recent letter concerning the Committee rights have quietly been eroded like a stream had over subject matter contained in this on Financial Service’s jurisdictional interest of water slowly erodes its bank. Fortunately, legislation. In addition, I agree to support in H.R. 4128, the ‘‘Private Property Rights this erosion has not gone unnoticed by west- representation from the Committee on Protection Act.’’ This legislation was intro- erners or those they’ve sent to Washington to Transportation for provisions of H.R. 4128 de- duced on October 25, 2005, and referred solely represent them. termined to be within its jurisdiction in the to the Committee on the Judiciary. The event of a House-Senate conference on the Private property rights have long been held Committee on the Judiciary conducted a close to the heart by families and landowners legislation. mark up and ordered the bill reported on Oc- Finally, as requested, I will include a copy tober 27, 2005. I appreciate your willingness in the Western United States and for good of your letter and this response in the CON- to waive further consideration of H.R. 4128 to reason. Their farms and ranches have been GRESSIONAL RECORD during floor consider- expedite consideration of the legislation, and their livelihood and part of our national herit- ation of this legislation. acknowledge the Committee on Financial age since the frontier was closed and the Sincerely, Service’s jurisdictional interest in the legis- West was settled. F. JAMES SENSENBRENNER, Jr., lation. Today many westerners not only have to Chairman. I agree that by foregoing consideration of fight for their economic survival but also have H.R. 4128, the Committee on Financial Serv- to worry whether their property will be around HOUSE OF REPRESENTATIVES, ices does not waive any jurisdiction it may COMMITTEE ON FINANCIAL SERVICES, have had over subject matter contained in for them to pass on to future generations. The Washington, DC, November 1, 2005. this or similar legislation. In addition, I Federal Government owns more than 50 per- Hon. F. JAMES SENSENBRENNER, Jr., agree to support representation from the cent of all land in the West and the population Chairman, Committee on the Judiciary, House Committee on Financial Services for provi- continues to grow. of Representatives, Rayburn House Office sions of H.R. 4128 determined to be within its I am Chairman of the Congressional West- Building, Washington, DC. jurisdiction in the event of a House-Senate DEAR CHAIRMAN SENSENBRENNER: On Octo- ern Caucus, and one of our core principles is conference on the legislation. ‘‘the necessity to protect private property.’’ It is ber 27, 2005, the Committee on the Judiciary Finally, as requested, I will include a copy the Caucus’ position that property rights are ordered reported H.R. 4128, the Private Prop- of your letter and this response in the CON- erty Rights Protection Act. This bill pro- GRESSIONAL RECORD during floor consider- the foundation of a free society; that land- tects private property rights by prohibiting ation of this legislation. owners should be compensated when their eminent domain abuse by States or the Fed- Sincerely, land is taken or when regulations deprive eral Government through limiting the use of F. JAMES SENSENBRENNER, Jr., them of the use of their property. ‘‘Federal economic development funds.’’ This Chairman. In H.R. 4128, Chairman SENSENBRENNER term is broadly defined in the bill to mean any Federal funds designed ‘‘to improve or Mr. CANNON. Mr. Chairman, I rise today in and the Committee have produced a bill that increase the size of the economies of States support of H.R. 4128, legislation that would represents an important step towards revital- or political subdivisions of States.’’ This bill prohibit State and local governments that ex- izing basic property rights in this country. will be considered by the House shortly, and ercise eminent domain for economic develop- I also believe there is more that can be I want to confirm our mutual understanding ment purposes from receiving federal funds. done to help stem the long-term trend away with respect to consideration of this bill. John Adams once said ‘‘Property must be from property right protections. I, along with Under rule X of the Rules of the House of secured or liberty cannot exist.’’ I join my col- my western colleagues, plan to introduce a Representatives, the Committee on Finan- broad, comprehensive piece of property rights cial Services has jurisdiction over legislation leagues in taking action to secure private involving financial aid to commerce and in- property rights. legislation in the near future that will restore dustry as well as urban development. This The recent Supreme Court decision Kelo v much of what has been lost. We believe this jurisdiction has been exercised in a number City of New London eviscerated one of our bill, in addition to H.R. 4128, will help breathe of ways. The term Federal economic develop- most fundamental constitutional rights. This life into the property rights movement. ment funds as defined in this bill would case dealt a serious blow to property rights The property rights issue is not a class apply to a number of programs developed by and it is incumbent upon Congress, a co-equal issue. It’s not a partisan issue. It’s an issue this Committee. For example, these pro- branch of government, to remedy this erro- that concerns every property owner in the grams would include Community Develop- United States. As Justice Sandra Day ment Block Grants, Brownfields Economic neous decision. Development Initiative, Economic Develop- Eminent domain, or the ‘‘despotic power,’’ O’Conner said in her dissent, ‘‘The specter of ment Initiative, Renewal Communities, Em- as Justice William Patterson called it in 1795, condemnation hangs over all property, nothing powerment Zones and Enterprise’ Commu- is the power to force citizens from their homes is to prevent the State from replacing any nities and the Section 3 Program of the and small businesses. The Members of the Motel 6 with a Ritz-Carlton, any home with a Housing and Urban Development Act of 1968. Constitutional Convention were cognizant to shopping mall, or any farm with a factory.’’ The term would also apply to the Economic the possibility of abuse and that’s why the I urge my colleagues to join with me in sup- Development Administration, Delta Re- Fifth Amendment provides the simple restric- porting H.R. 4128 to prevent further abuse of gional Authority and the Appalachian Re- tion and remedy: ‘‘nor shall private property be government power. gional Commission. Had time permitted, this Committee would have asked for, and likely taken for public use, without just compensa- Mr. KIND. Mr. Chairman, I rise in support of would have received, a sequential referral of tion.’’ the Eminent Domain Property Act offered by the bill. However, given the desire to expe- The expansion of eminent domain began my colleague from Wisconsin, Chairman SEN- dite consideration of the bill, I will forego with the urban renewal movement in the SENBRENNER. This bipartisan-supported bill making that request. I do so with the under- 1950’s and it continues today. A recent study was introduced in response to the Supreme

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9588 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Court’s 5–4 decision in Kelo vs. City of New response to the recent Supreme Court deci- No longer will public use correctly be de- London, which condoned the use of eminent sion, Kelo v. City of New London, which con- fined as a road, bridge, or hospital. Now it can domain to take private property and transfer it doned the use of eminent domain to take pri- be defined as an abstract good, such as in- to another private entity for the stated purpose vate property and transfer it to another private creased tax revenue or economic develop- of economic development. entity for the stated purpose of economic de- ment. Private property can now be taken at Mr. Chairman, the Kelo decision put home- velopment. This decision puts all property will by government and reallocated to another owners, small business owners, and farmers owners at risk. In rural communities and in private entity if it runs afoul of a local bureau- all across the country at risk of losing their urban communities, our livelihood is deeply crat’s notion of public use and greater good. property to this expansion of the government’s tied to the land and our belief in private prop- H.R. 4128 would greatly discourage this be- eminent domain powers. erty rights runs strong and deep. Landowners havior and the total disregard for private prop- The Fifth Amendment of the U.S. Constitu- should not be vulnerable to the whims of a erty protections. tion allows local government to use eminent government that decides to take their land Fortunately, Congress maintains the power domain powers to condemn private property. away. over the purse strings. We will act to minimize The only requirement is that owners are given I am opposed to the ruling because it threat- the effects of this ruling to the greatest extent ‘‘just compensation’’ and that the land in ques- ens to make all private property subject to the possible. This bill will prevent States and local- tion goes to a ‘‘public use.’’ Traditionally, the highest bidder. In response to the Supreme ities from ever doing this again by withholding ‘‘public use’’ requirement in eminent domain Court decision, I am pleased to lend my sup- economic development funds. However, many cases allowed the local government to con- port to this legislation because it protects States and local communities alike are recog- demn property to build railroads, or bridges, or Americans’ constitutional rights and punishes nizing the importance of private property rights highways. But in a 1954 case, Berman v. those who abuse those rights. and beginning to act to protect themselves Parker, the Supreme Court found that ‘‘public The bill does not change state law, nor does from this decision. This will assist their efforts. use’’ could include condemning blighted neigh- it affect the traditional use of eminent domain On the other hand, I do believe this legisla- borhoods to build better ones as a means to for the construction of roads, military bases, tion can be improved. Under this bill, if a State raise more tax revenue. But, whereas the Ber- hospitals, or other truly public uses. Rather, or locality takes property in violation of this man case was predicated on the property H.R. 4128 provides an effective deterrent legislation they will incur a 2 year prohibition being ‘blighted,’ the Kelo decision goes further against states using their eminent domain au- of economic development funds. That is not down the slippery slope and rests solely on thority for private economic development and long enough. We need to hold States and lo- whether the condemnation would improve tax I urge my colleagues to support its passage. calities to a higher standard. By withholding revenues. Mr. POMBO. Mr. Chairman, H.R. 4128, the Federal economic development funds for a I would assert, as Justice Scalia did in the ‘‘Private Property Rights Protection Act’’ is a longer period of time, if not permanently, Kelo case, that any conceivable commercial timely response to the horrendous Kelo deci- States and localities will rethink the taking of development that replaces a church, house, or sion. I am supportive of this bill and call for its private property, or remedy their previous farm will produce more tax revenue, and that expedited passage. I want to thank Chairman egregious actions. They need to know there once condemned land is passed off to private SENSENBRENNER for his leadership on this will be consequences. By withholding these developers, it is no longer going to ‘‘public issue and look forward to working with him funds for an extended period of time, if not in- use.’’ That is why I strongly believe Congress and others to see this bill as it moves through definitely, they will understand the seriousness must act to limit States’ eminent domain ac- the House and Senate. of our intentions. We have a chance at real reform here and tions if the only requirement is that the pro- Property rights are the heart of the indi- this legislation should be passed. Again, I posed project improves the tax base. vidual freedom and the foundation for all other would like to thank Chairman SENSENBRENNER The Eminent Domain Property Act of 2005 civil rights guaranteed to Americans by the for bringing this to the Floor as quickly as you will prohibit the Federal Government from Constitution. Without the freedom to acquire, did and I look forward to working with you in using eminent domain for private economic possess and defend property, all other guar- every step of the process to see this com- development and also prohibits States from anteed rights are merely words on a page. mendable legislation enacted. I have been using eminent domain for private economic The Fifth Amendment holds that private fighting these injustices since before I was development if the State receives any Federal property shall not be taken by the government elected to this body and will continue to do so economic development funding. A violation by for public use without compensation. These safeguards have been under assault for dec- in the future. any State will result with the State being ineli- Mr. BOEHNER. Mr. Chairman, I rise today ades and until now, the typical victims were gible for a Federal economic development for in support of H.R. 4128, the Private Property family farmers and ranchers in the West. two years. By denying municipalities all Fed- Rights Protection Act of 2005. eral development funds when they abuse their The Supreme Court’s decision in the Kelo v. I was alarmed by the United States Su- eminent domain authority, H.R. 4128 provides City of New London case to allow local gov- preme Court’s 5–4 decision to allow private a strong economic disincentive to prevent mu- ernments to declare eminent domain in this property to be seized in the name of ‘‘eco- nicipalities and local governments from taking case goes beyond compensation; it wholly nomic development.’’ On June 23, 2005, the private property for the purpose of private eco- perverts the intent of public use, and in so Court ruled that the City of New London, Con- nomic development. doing, may turn the American dream of home necticut could seize a series of privately Lastly, Mr. Chairman, my district in western ownership into a nightmare. It has delivered owned homes, offer the homeowners ‘‘just Wisconsin is largely rural and dependent on the property rights assault from rural America compensation’’ and re-sell those properties to the agricultural economy of its many small right to the doorsteps of suburbia. private entrepreneurs as part of a city-ap- family farmers. As the sense of Congress por- In New London, Connecticut, city planners proved plan aimed at raising the land value tion of this legislation points out, the unfortu- essentially decided that evicting 15 home- and increasing the city’s tax base. The court nate truth is that agricultural lands are particu- owners from their homes was in the ‘‘greater justified the ruling by arguing that the city had larly vulnerable to the abuse of eminent do- good’’ as a ‘‘public use’’ for an office park and the right to seize the private property under main power. Agricultural lands tend to have a new condos. But the public, to be directly the ‘‘public use’’ clause of the United States lower fair market value than surrounding com- served in this case, was a private corporation. Constitution’s 5th Amendment. The 5th mercial and residential properties, making Whether they were newly wed couples in their Amendment reads as follows: them a prime target for growing communities. first home or life-long residents who owned No person shall be held to answer for a cap- It is hard enough, for our struggling farmers their homes outright, whether it is farmers and ital, or otherwise infamous crime, unless on who are facing softening commodity prices ranchers which have been on their land for a presentment or indictment of a Grand and weather related disasters, to also have to generations or urban and suburban commu- Jury, except in cases arising in the land or contend with losing their way of life so that nities with the promise of fellowship, this ap- naval forces, or in the Militia, when in ac- others can have yet another shopping mall. palling behavior cannot be tolerated any more. tual service in time of War or public danger; Mr. Chairman, I commend my colleague, The Supreme Court’s decision to allow local nor shall any person be subject for the same offense to be twice put in jeopardy of life or Chairman SENSENBRENNER on crafting this bi- government to declare eminent domain turns limb; nor shall be compelled in any criminal partisan legislation and I urge it’s adoption and the Fifth Amendment on its head. However, case to be a witness against himself, nor be support. we cannot forget about rural America. Rural deprived of life, liberty, or property, without Mr. COSTELLO. Mr. Chairman, today I rise America has been fighting this fight for dec- due process of law; nor shall private property in strong support of H.R. 4128, the Private ades and deserves praise for their unshakable be taken for public use, without just com- Property Rights Protection Act. The bill is in stance on protecting private property. pensation.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9589 No one has ever denied the fact that in cer- already seized homes in the name of ‘‘eco- (b) INELIGIBILITY FOR FEDERAL FUNDS.—A tain rare cases, a government (federal, state, nomic development’’—be it a shopping mall or violation of subsection (a) by a State or political or local) must exercise its Constitutionally lim- a new factory. And now the highest court in subdivision shall render such State or political ited power to seize land in order to complete subdivision ineligible for any Federal economic the land has confirmed that this is all com- development funds for a period of 2 fiscal years a public project like a road, school, military pletely legal. following a final judgment on the merits by a base, or court house. That power is known as The Kelo decision merely confirmed a de- court of competent jurisdiction that such sub- ‘‘eminent domain.’’ America’s Founding Fa- pressing trend where those who think ‘‘govern- section has been violated, and any Federal thers acknowledged it as an unfortunate, but ment knows best’’ gain and property rights agency charged with distributing those funds sometimes necessary, evil and it has histori- and therefore liberty yield. I believe that gov- shall withhold them for such 2-year period, and cally been pursued in America with great res- ernment which governs best is that which gov- any such funds distributed to such State or po- ervation. According to a majority of the Court erns least. I believe in property rights and the litical subdivision shall be returned or reim- however, seizing private property in the name rule of the written law that is the Constitution. bursed by such State or political subdivision to of ‘‘public use’’ does not necessarily mean that the appropriate Federal agency or authority of I am proud to support the Private Property the Federal Government, or component thereof. the property seized must be used for the pub- Rights Protection Act of 2005. But this bill is (c) OPPORTUNITY TO CURE VIOLATION.—A lic. Instead, the land seized could merely be merely a first step. The only truly effective way State or political subdivision shall not be ineli- used in the name of a ‘‘public purpose.’’ While to stop these abuses of power is for every gible for any Federal economic development the concurring justices never actually define American citizen to remain vigilant in observ- funds under subsection (b) if such State or polit- what constitutes a ‘‘public purpose,’’ they write ing that every government official that has ical subdivision returns all real property the that the elected politicians on the local, state, sworn an allegiance to uphold the written law taking of which was found by a court of com- petent jurisdiction to have constituted a viola- and federal level are more than capable of of the Constitution remains true to his word. making such determinations on their own. In tion of subsection (a) and replaces any other That fight however, begins here, today. I urge property destroyed and repairs any other prop- this particular case, the ‘‘public purpose’’ hap- my colleagues to take the first step toward erty damaged as a result of such violation. pened to be a pharmaceutical research facility, once again defending every American’s basic SEC. 3. PROHIBITION ON EMINENT DOMAIN a waterfront hotel, and a series of new com- human right to his or her property by voting for ABUSE BY THE FEDERAL GOVERN- mercial and residential buildings. this important bill. MENT. As a result of the Court’s 5–4 ruling, any Mr. POMBO. Mr. Chairman, as a fourth gen- The Federal Government or any authority of government body (city council, state assembly, eration rancher, my life has been shaped by the Federal Government shall not exercise its Congress) with a good enough lawyer or sim- power of eminent domain to be used for eco- the traditions and values associated with prop- nomic development. ply a one vote majority can now take any citi- er stewardship of the land. Our Constitutional SEC. 4. PRIVATE RIGHT OF ACTION. zen’s private property, offer ‘‘just compensa- rights put property ownership of capital impor- tion,’’ and dispense with it as it sees fit. In (a) CAUSE OF ACTION.—Any owner of private tance in the Fifth Amendment. property who suffers injury as a result of a vio- other words, your property is now only your The right to own property is the backbone of lation of any provision of this Act may bring an property so long as the government wants it to our free-market system. With eminent domain action to enforce any provision of this Act in be. becoming an expanding practice, a bipartisan the appropriate Federal or State court, and a John Adams once said, ‘‘The moment that approach bridging urban, suburban, and rural State shall not be immune under the eleventh the idea is admitted into society that property communities is necessary to uphold the rights amendment to the Constitution of the United is not as sacred as the Laws of God, and that of the individual. States from any such action in a Federal or there is not a force of law and public justice State court of competent jurisdiction. Any such The regulatory takings that have been property owner may also seek any appropriate to protect it, anarchy and tyranny commence. plaguing America’s family farmers and ranch- Property must be sacred or liberty cannot relief through a preliminary injunction or a ers have now spread to suburban neighbor- temporary restraining order. exist.’’ Allowing a man’s property to be so eas- hoods, as the decision in the Kelo v. City of (b) LIMITATION ON BRINGING ACTION.—An ac- ily taken at the whim of a legislative body rep- New London made absolutely clear. Congress tion brought under this Act may be brought if resents a complete departure from the very has an inherent responsibility to uphold the the property is used for economic development core value upon which America was found- Constitution, and on the property rights of following the conclusion of any condemnation ed—your natural human right to your property. United States citizens, the Constitution is proceedings condemning the private property of such property owner, but shall not be brought America’s Founding Fathers considered prop- clear. The need for H.R. 4128 has never been erty to be the one sacred right above all oth- later than seven years following the conclusion greater. of any such proceedings and the subsequent use ers. They knew that true freedom came not Mr. GOODLATTE. Mr. Chairman, I of such condemned property for economic devel- from a political declaration or a legislative yield back the balance of my time. opment. promise but from the ability of each and every The Acting CHAIRMAN (Mr. SIMP- (c) ATTORNEYS’ FEE AND OTHER COSTS.—In citizen to dispense with his property as he saw SON). All time for general debate has any action or proceeding under this Act, the fit. Those who would take that right away often expired. court shall allow a prevailing plaintiff a reason- try to assure us that by surrendering the free- Pursuant to the rule, the amendment able attorneys’ fee as part of the costs, and in- clude expert fees as part of the attorneys’ fee. dom to control the supposedly less important in the nature of a substitute printed in aspects of our lives, we shall somehow obtain the bill shall be considered as an origi- SEC. 5. NOTIFICATION BY ATTORNEY GENERAL. (a) NOTIFICATION TO STATES AND POLITICAL freedom in the pursuit of higher values. I could nal bill for the purpose of amendment not disagree more. The ability to control your SUBDIVISIONS.— under the 5-minute rule and shall be (1) Not later than 30 days after the enactment own property, whether it be your home, your considered read. of this Act, the Attorney General shall provide car, or even a simple trinket, is not simply The text of the amendment in the na- to the chief executive officer of each State the some marginal aspect of life which can be ture of a substitute is as follows: text of this Act and a description of the rights separated from the rest. It is the means to ex- H.R. 4128 of property owners under this Act. press your values and strive for your dreams. (2) Not later than 120 days after the enact- Be it enacted by the Senate and House of Rep- ment of this Act, the Attorney General shall It is the ability to offer shape to your highest resentatives of the United States of America in ideals and reject those that conflict. In short, compile a list of the Federal laws under which Congress assembled, Federal economic development funds are distrib- it is freedom. SECTION 1. SHORT TITLE. Now the human right to property seems rel- uted. The Attorney General shall compile an- This Act may be cited as the ‘‘Private Prop- nual revisions of such list as necessary. Such egated to a mere afterthought. The Institute erty Rights Protection Act of 2005’’. list and any successive revisions of such list for Justice, which represented the New Lon- SEC. 2. PROHIBITION ON EMINENT DOMAIN shall be communicated by the Attorney General don residents in court, released a study show- ABUSE BY STATES. to the chief executive officer of each State and ing some 10,000 cases between 1998 and (a) IN GENERAL.—No State or political subdivi- also made available on the Internet website 2002 where local governments in 41 states sion of a State shall exercise its power of emi- maintained by the United States Department of used or threatened to use eminent domain to nent domain, or allow the exercise of such Justice for use by the public and by the authori- take property from one private owner and give power by any person or entity to which such ties in each State and political subdivisions of power has been delegated, over property to be it to another. The New York State Supreme each State empowered to take private property used for economic development or over property and convert it to public use subject to just com- Court forced a man off of property his family that is subsequently used for economic develop- pensation for the taking. had owned for more than a hundred years to ment, if that State or political subdivision re- (b) NOTIFICATION TO PROPERTY OWNERS.—Not make way for the new headquarters of The ceives Federal economic development funds dur- later than 30 days after the enactment of this New York Times. Several cities in Ohio have ing any fiscal year in which it does so. Act, the Attorney General shall publish in the

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9590 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Federal Register and make available on the (A) conveying private property to public own- general public as of right, such as a railroad Internet website maintained by the United ership, such as for a road, hospital, or military or public facility; States Department of Justice a notice containing base, or to an entity, such as a common carrier, (iii) for use as a road or other right of way the text of this Act and a description of the that makes the property available for use by the or means, open to the public for transpor- rights of property owners under this Act. general public as of right, such as a railroad, or tation, whether free or by toll; SEC. 6. REPORT. public facility, or for use as a right of way, aq- (iv) for use as an aqueduct, flood control Not later than 1 year after the date of enact- ueduct, pipeline, or similar use; facility, pipeline, or similar use; ment of this Act, and every subsequent year (B) removing harmful uses of land provided Page 8, line 7, after ‘‘States.’’ insert the thereafter, the Attorney General shall transmit such uses constitute an immediate threat to pub- following: ‘‘The taking of farmland and rural a report identifying States or political subdivi- lic health and safety; property will have a direct impact on exist- sions that have used eminent domain in viola- (C) leasing property to a private person or en- ing irrigation and reclamation projects. Fur- tion of this Act to the Chairman and Ranking tity that occupies an incidental part of public thermore, the use of eminent domain to take Member of the Committee on the Judiciary of property or a public facility, such as a retail es- rural private property for private commer- the House of Representatives and to the Chair- tablishment on the ground floor of a public cial uses will force increasing numbers of ac- man and Ranking Member of the Committee on building; tivities from private property onto this Na- the Judiciary of the Senate. The report shall— (D) acquiring abandoned property; tion’s public lands, including its National (1) identify all private rights of action brought (E) clearing defective chains of title; and forests, National parks and wildlife refuges. as a result of a State’s or political subdivision’s (F) taking private property for use by a public This increase can overburden the infrastruc- violation of this Act; utility. ture of these lands, reducing the enjoyment (2) FEDERAL ECONOMIC DEVELOPMENT (2) identify all States or political subdivisions of such lands for all citizens.’’. that have lost Federal economic development FUNDS.—The term ‘‘Federal economic develop- Add at the end the following new section: funds as a result of a violation of this Act, as ment funds’’ means any Federal funds distrib- uted to or through States or political subdivi- SEC. ll. LIMITATION ON STATUTORY CON- well as describe the type and amount of Federal STRUCTION. sions of States under Federal laws designed to economic development funds lost in each State Nothing in this Act may be construed to improve or increase the size of the economies of or political subdivision and the Agency that is supersede, limit, or otherwise affect any pro- States or political subdivisions of States. responsible for withholding such funds; vision of the Uniform Relocation Assistance (3) STATE.—The term ‘‘State’’ means each of (3) discuss all instances in which a State or and Real Property Acquisition Policies Act the several States, the District of Columbia, the political subdivision has cured a violation as de- of 1970 (42 U.S.C. 4601 et seq.). scribed in section 2(c) of this Act. Commonwealth of Puerto Rico, or any other ter- ritory or possession of the United States. The Acting CHAIRMAN. Pursuant to SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA. SEC. 9. SEVERABILITY AND EFFECTIVE DATE. House Resolution 527, the gentleman (a) FINDINGS.—The Congress finds the fol- (a) SEVERABILITY.—The provisions of this Act from Wisconsin (Mr. SENSENBRENNER) lowing: are severable. If any provision of this Act, or and a Member opposed each will con- (1) The founders realized the fundamental im- any application thereof, is found unconstitu- trol 5 minutes. portance of property rights when they codified tional, that finding shall not affect any provi- The Chair recognizes the gentleman the Takings Clause of the Fifth Amendment to sion or application of the Act not so adju- from Wisconsin. the Constitution, which requires that private dicated. (b) EFFECTIVE DATE.—This Act shall take ef- Mr. SENSENBRENNER. Mr. Chair- property shall not be taken ‘‘for public use, man, I yield myself such time as I may without just compensation’’. fect upon the first day of the first fiscal year (2) Rural lands are unique in that they are that begins after the date of the enactment of consume. not traditionally considered high tax revenue- this Act, but shall not apply to any project for Mr. Chairman, the manager’s amend- generating properties for State and local govern- which condemnation proceedings have been ini- ment simply makes clear that private ments. In addition, farmland and forest land tiated prior to the date of enactment. roads and those that are open to the owners need to have long-term certainty regard- SEC. 10. SENSE OF CONGRESS. public, free or by toll, and flood control ing their property rights in order to make the in- It is the policy of the United States to encour- facilities are covered under the excep- vestment decisions to commit land to these uses. age, support, and promote the private ownership tions of the bill. It also includes a sav- (3) Ownership rights in rural land are funda- of property and to ensure that the constitu- mental building blocks for our Nation’s agri- tional and other legal rights of private property ings clause making clear that nothing culture industry, which continues to be one of owners are protected by the Federal Govern- in the legislation shall be construed to the most important economic sectors of our econ- ment. affect the Uniform Relocation Assist- omy. SEC. 11. BROAD CONSTRUCTION. ance and Real Property Acquisition (4) In the wake of the Supreme Court’s deci- This Act shall be construed in favor of a Policies Act of 1970, which requires the sion in Kelo v. City of New London, abuse of broad protection of private property rights, to Federal Government to pay the dis- eminent domain is a threat to the property the maximum extent permitted by the terms of placement costs of those adversely af- rights of all private property owners, including this Act and the Constitution. fected by the Federal Government’s use rural land owners. The Acting CHAIRMAN. No amend- (b) SENSE OF CONGRESS.—It is the sense of of eminent domain. Congress that the use of eminent domain for the ment to the committee amendment is The manager’s amendment also in- purpose of economic development is a threat to in order except those printed in House corporates into the bill’s sense of con- agricultural and other property in rural Amer- Report 109–266. Each amendment may gress section some language provided ica and that the Congress should protect the be offered only in the order printed in by the Resources Committee regarding property rights of Americans, including those the report, by a Member designated in the effect of the abuse of eminent do- who reside in rural areas. Property rights are the report, shall be considered read, main on irrigation and reclamation central to liberty in this country and to our shall be debatable for the time speci- economy. The use of eminent domain to take projects and on public lands. farmland and other rural property for economic fied in the report, equally divided and I urge my colleagues to support the development threatens liberty, rural economies, controlled by the proponent and an op- improvements made by this manager’s and the economy of the United States. Ameri- ponent, shall not be subject to an amendment. cans should not have to fear the government’s amendment, and shall not be subject to Mr. Chairman, I reserve the balance taking their homes, farms, or businesses to give a demand for division of the question. of my time. to other persons. Governments should not abuse AMENDMENT NO. 1 OFFERED BY MR. Ms. WATERS. Mr. Chairman, I am the power of eminent domain to force rural SENSENBRENNER not opposed to the amendment, and I property owners from their land in order to de- Mr. SENSENBRENNER. Mr. Chair- ask unanimous consent to claim the velop rural land into industrial and commercial man, I offer an amendment. property. Congress has a duty to protect the time in opposition. property rights of rural Americans in the face of The Acting CHAIRMAN. The Clerk The Acting CHAIRMAN. Is there ob- eminent domain abuse. will designate the amendment. jection to the request of the gentle- SEC. 8. DEFINITIONS. The text of the amendment is as fol- woman from California? In this Act the following definitions apply: lows: There was no objection. (1) ECONOMIC DEVELOPMENT.—The term ‘‘eco- Amendment No. 1 printed in House Report The Acting CHAIRMAN. The gentle- nomic development’’ means taking private prop- 109–266 offered by Mr. SENSENBRENNER: woman from California is recognized erty, without the consent of the owner, and con- Page 9, strike lines 1 through 7, and insert for 5 minutes. veying or leasing such property from one private the following: Ms. WATERS. Mr. Chairman, I yield person or entity to another private person or en- (A) conveying private property— tity for commercial enterprise carried on for (i) to public ownership, such as for a road, myself such time as I may consume. profit, or to increase tax revenue, tax base, em- hospital, airport, or military base; Mr. Chairman, I rise in support of the ployment, or general economic health, except (ii) to an entity, such as a common carrier, amendment offered by the gentleman that such term shall not include— that makes the property available to the from Wisconsin.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9591 This amendment does not change the ion, will better protect the rights of because it removes the constitutional bill in any substantive way. Rather, property owners than the way the bill hook that this Congress and the Fed- this amendment seeks to clarify some is designed. eral Government have to prevent the of the exceptions that provide for the Under the bill, if the government abuses that have been sanctioned by use of eminent domain for those uses takes your property for a prohibited Kelo, and that is the Federal funds that have traditionally been considered purpose, you could sue, and if you win that have been used for economic de- for a public purpose. your lawyers get paid and your town velopment. This amendment also enhances the gets bankrupted. You get no damages, The amendment strikes out all the sense of congress provision and points and if you think the town will bulldoze penalty in the bill that would prevent out that the bill does nothing to re- the new downtown and rebuild your the government officials from abusing strict the Federal Government from house, you are fooling yourself. eminent domain. No penalty, no tap on fulfilling its obligation under current b 1545 the wrist. We say you should not do it; law when it exercises eminent domain. but if you go ahead and do it, then you Most importantly, this amendment Instead, you should have the right, are not going to be penalized. Without serves to reflect the bipartisan inter- and my amendment grants you the these penalties in the bill, the govern- ests of the various committees that right, to go to court and stop the gov- ment could take private property from have been at the forefront of this issue, ernment in the first place dead in its one person and simply give it to a Agriculture, Resources and Judiciary. I tracks. Americans do not want to wealthy corporation. Because this am pleased that we have been able to bankrupt their towns; they want to amendment guts the entire bill, it work together on what I feel is an ap- keep their homes. ought to be opposed. Keep in mind the economic threat propriate response to the Kelo decision. Under this legislation, there is a the penalties of this bill would pose to I just want to say to Chairman SEN- clear connection between the Federal every single State and local govern- SENBRENNER, you know how strongly I funds that would be denied and the ment in the country. feel about this issue. And while I of- abuse that Congress is intending to Any property owner under this bill fered some amendments in committee prevent. The policy is that States and could sue for 7 years after the conclu- so that there would be absolutely no localities that abuse their eminent do- sion of the condemnation proceeding, exceptions, I think that if we are able main power by using economic develop- or at any time in the future if a public to pass this bill today we will have ment as a rationale for a taking should facility is later used for a private pur- taken a giant step to stop what I think not be trusted with Federal economic pose. is a wrongheaded decision by the Su- development funds that could con- This is an open-ended and cata- preme Court. So I am willing to cer- tribute to similarly abusive land grabs. strophic threat. No financial institu- tainly support the chairman’s amend- There is an entirely appropriate con- ment, and if we have to continue to tion would underwrite a bond or extend any financing to a city or State be- nection in the base bill between the work on this issue to get to where I Federal policy of protecting private want to be with no exceptions, then I cause the risk is too great. No private company would take a public contract property rights from eminent domain will look forward to working with the abuse and making sure that the Fed- gentleman in the future on it. because the city could lose 2 years’ funding in the future. If the current eral Government does not subsidize Mr. Chairman, I yield back the bal- eminent domain abusers. The amend- ance of my time. city administration does not want to use eminent domain for any improper ment should be defeated for these rea- Mr. SENSENBRENNER. Mr. Chair- sons. man, I yield back the balance of my purpose or, for that matter, any proper Mr. Chairman, I reserve the balance time. purpose, it will still have trouble float- of my time. The Acting CHAIRMAN. The ques- ing bonds because maybe its successor Mr. NADLER. Mr. Chairman, I yield tion is on the amendment offered by 10 years from now will use eminent do- myself such time as I may consume. the gentleman from Wisconsin (Mr. main improperly, they will lose 2 years Mr. Chairman, this is not a gutting SENSENBRENNER). of all the Federal revenue, and they The amendment was agreed to. will not be able to repay the bonds. amendment. The constitutional basis for granting the injunction against the AMENDMENT NO. 2 OFFERED BY MR. NADLER Therefore, the bond counsel now will taking is the fact that the State is ac- Mr. NADLER. Mr. Chairman, I offer instruct the people not to lend to the cepting Federal funds. The bill, on an amendment. city. No bank would do business with a lines 12 through 15 on page 2, says The Acting CHAIRMAN. The Clerk public contractor for the same reason. clearly: ‘‘if that State or political sub- will designate the amendment. This is absurd. We should protect our The text of the amendment is as fol- homes. The way to do that is to estab- division receives Federal economic de- lows: lish in this bill, as it does, a sub- velopment funds during any fiscal year in which it does so.’’ That is the con- Amendment No. 2 printed in House Report stantive right not to have eminent do- stitutional basis for saying, you cannot 109–266 offered by Mr. NADLER: main used against your home or prop- Page 2, line 8, strike ‘‘(a) IN GENERAL.—’’. erty for the prohibited purposes, and do certain kinds of takings as this bill Page 2, strike line 16 and all that follows then give you the right to enforce that prohibits and, if you do, you can estab- through line 17 on page 3. by an injunction, with attorneys’ fees lish penalties or injunctive relief. Page 4, beginning in line 1, strike ‘‘to en- paid in advance, that stops it. You do All I am saying is, we are using the force any provision of this Act’’ and insert not need the ability of someone in the Federal jurisdictional hook that the ‘‘to obtain appropriate injunctive or declara- chairman mentioned and instead of pe- tory relief,’’. future to go to court and punish the Page 4, beginning in line 6, strike ‘‘Any’’ city which does not even get the prop- nalizing later, which does not help the and all that follows through line 16. erty owner help. homeowner who has lost his home, you Page 4, line 17, strike ‘‘(c)’’ and insert So my amendment would say no pen- say you can stop it now, get an injunc- ‘‘(b)’’. alty for the State or city later, that is tion for stopping it now, because the The Acting CHAIRMAN. Pursuant to unnecessary, because we are granting State has agreed not to use its power House Resolution 527, the gentleman you the right to get an injunction, a in this way as a condition of taking from New York (Mr. NADLER) and the permanent injunction to stop the tak- Federal funds. There is well-estab- gentleman from Wisconsin (Mr. SEN- ing in the first place. That is the prop- lished constitutional law that we can SENBRENNER) each will control 5 min- er protection. condition Federal funds on that. utes. Mr. Chairman, I reserve the balance That being the case, you can go into The Chair recognizes the gentleman of my time. Federal or State court and get an in- from New York. Mr. SENSENBRENNER. Mr. Chair- junction if you do my amendment. Mr. NADLER. Mr. Chairman, I yield man, I yield myself such time as I may With the injunction, you do not have myself such time as I may consume. consume. the taking, you do not have to worry Mr. Chairman, my amendment is Mr. Chairman this is a gutting about punishing anybody 10 years very straightforward and, in my opin- amendment. It is a gutting amendment later, because there is no taking in the

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9592 CONGRESSIONAL RECORD — HOUSE November 3, 2005 first place. It is a much better protec- tried before, and it would be a case of for other than economic development tion for the property owner. We pro- first impression in the courts. as outlined in the act. The burden of hibit the taking. The court says you We know that the provision of deny- proof should rightly be placed on the cannot do it. There is no constitutional ing Federal funds in the base bill is government entity that initiated the problem with that. constitutional, because it was done by action, not on the property owner. I It does not gut the bill because it this Congress 20 years ago where we de- urge the adoption of this amendment. says you do not have to punish what nied States transportation funds that Mr. Chairman, I yield back the bal- cannot have occurred. It cannot have did not raise the drinking age to 21. So ance of my time. occurred because the bill would now the constitutional precedent was set 20 Mr. SENSENBRENNER. Mr. Chair- say you may not do it; and if you may years ago in the transportation area. man, I will claim the time in opposi- not do it, the court will prohibit you The base bill does that. The gentle- tion, even though I am not opposed. from doing it, because we are estab- man’s amendment does not. That is The Acting CHAIRMAN. Without ob- lishing the right to go into court in ad- why it ought to be rejected. jection, the gentleman from Wisconsin vance and get an injunction against it. The Acting CHAIRMAN (Mr. SIMP- will control the time in opposition. So total protection of the property SON). The question is on the amend- There was no objection. owner against the improper taking. ment offered by the gentleman from Mr. SENSENBRENNER. Mr. Chair- You do not have to worry about fouling New York (Mr. NADLER). man, I yield myself such time as I may up the State or city’s ability to float The question was taken; and the Act- consume. bonds or the State or city finances ing Chairman announced that the noes Mr. Chairman, this amendment later; you do not punish all the citizens appeared to have it. would help property owners by putting of the city because the mayor is paying Mr. SENSENBRENNER. Mr. Chair- the burden of proof on the government off some campaign contributor with a man, I demand a recorded vote. to show that it is not abusing eminent private taking, just prohibit the mayor The Acting CHAIRMAN. Pursuant to domain by taking private property for from doing so in the first place and en- clause 6 of rule XVIII, further pro- a private use. It is a good amendment, force that by letting the property ceedings on the amendment offered by and I support it. owner get an injunction, period. the gentleman from New York will be Ms. WATERS. Mr. Chairman, will the Mr. Chairman, I reserve the balance postponed. gentleman yield? of my time. AMENDMENT NO. 4 OFFERED BY MR. SODREL Mr. SENSENBRENNER. I yield to Mr. SENSENBRENNER. Mr. Chair- Mr. SODREL. Mr. Chairman, I offer the gentlewoman from California. man, I yield 1 minute to the gentle- an amendment. Ms. WATERS. Mr. Chairman, I sup- woman from California (Ms. WATERS). The Acting CHAIRMAN. The Clerk port this amendment also. I am tired of Ms. WATERS. Mr. Chairman, I re- will designate the amendment. poor people and working people having spectfully offer this statement against The text of the amendment is as fol- to go and find lawyers and pay them. the amendment offered by the gen- lows: Who can afford $250 and $300 an hour? tleman from New York. Essentially, Amendment No. 4 printed in House Report The average poor person certainly can- this amendment eliminates the teeth 109–266 offered by Mr. SODREL: not. So you are right, let us put it on of this bill: the denial of Federal funds Page 4, line 6, after ‘‘jurisdiction.’’ insert the entity that is trying to pull these for 2 fiscal years to those States and ‘‘In such action, the defendant has the bur- tricks in the first place to take these cities that have violated this act. The den to show by clear and convincing evidence properties away from these citizens. denial of Federal economic develop- that the taking is not for economic develop- So I support the amendment. ment funds should serve as a real de- ment.’’ Mr. SENSENBRENNER. Mr. Chair- terrent for those States and cities that The Acting CHAIRMAN. Pursuant to man, I yield back the balance of my want to exercise eminent domain for House Resolution 527, the gentleman time. development, that is, the taking of pri- from Indiana (Mr. SODREL) and a Mem- The Acting CHAIRMAN. The ques- vate property for private use. Without ber opposed each will control 5 min- tion is on the amendment offered by this provision, this bill will not be utes. the gentleman from Indiana (Mr. taken seriously, and the eminent do- The Chair recognizes the gentleman SODREL). main abuses that many in this country from Indiana. The amendment was agreed to. Mr. SODREL. Mr. Chairman, I yield are complaining about will continue. AMENDMENT NO. 5 OFFERED BY MR. MORAN OF I just waved before my colleagues a myself such time as I may consume. VIRGINIA list of over 125 cases of the taking of I thank the chairman and ranking Mr. MORAN of Virginia. Mr. Chair- private land for private use, or at- member for bringing this bill forward, man, I offer an amendment. tempts to do that; and I think the bill a bill that I was proud to cosponsor. The Acting CHAIRMAN. The Clerk that we have before us today will stop H.R. 4128 is a good bill. It addresses a will designate the amendment. this kind of abuse of eminent domain. new-found power of government that The text of the amendment is as fol- Mr. NADLER. Mr. Chairman, I yield frightens every homeowner and small lows: myself the remaining time. businessman, the possibility of having Amendment No. 5 printed in House Report Mr. Chairman, the fact is, this does their home or business involuntarily 109–266 offered by Mr. MORAN of Virginia: not gut the bill, as the gentlewoman taken to be given to someone else to Page 8, strike line 17 and all that follows from California said. It takes out the build some other business or develop- through line 19 on page 9 and insert the fol- penalty, but you do not need the pen- ment that government may prefer. lowing: alty because you establish the right of Compounding that fear is the fear of (1) ECONOMIC DEVELOPMENT.—The term the court and the duty of the court to having to go to court and pay to prove ‘‘economic development’’ means taking pri- stop it in the first place. There will be that the government violated the pro- vate property, without the consent of the no private taking for the prohibited visions of this bill, having to pay a law- owner, and conveying or leasing such prop- yer and possibly hire experts to prove erty from the taking authority to a private use because you give the rights to the person or entity, or from such private person landowner to get an injunction against that the taking of their property is for or entity to another private person or entity, it in the first place. It is a much better economic development in violation of where the grantee or lessee person or entity protection than worrying about pun- the act. is to use the property for commercial enter- ishing the city later. You do not have My amendment clarifies that the prise carried on for profit, or where the con- to punish the city because you protect burden of proof is on the State or the veying or leasing is for the primary purpose against it in advance, 100 percent. agency seeking to take the property, of increasing tax revenue, tax base, employ- Mr. SENSENBRENNER. Mr. Chair- and the evidence it has provided must ment, or general economic health, except go beyond merely saying so. This issue that such term shall not include— man, I yield myself the balance of the (A) conveying private property for a public time. is important enough that a court re- use, such as— Mr. Chairman, we do not know if the viewing the taking should not give def- (i) for a road, hospital, or military base; gentleman from New York’s approach erence to the government assertions (ii) for use by the general public as of is constitutional. That has not been that the ultimate use of the property is right, such as a railroad or public facility; or

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9593 (iii) for use as a right of way, aqueduct, occurs as part of public-private part- impose on every locally elected govern- pipeline, utility or similar use; nerships that are not for economic de- ment. (B) removing harmful uses of land provided velopment purposes at all, for example, Third, the bill defines ‘‘economic develop- such uses constitute an immediate threat to the conveyance or lease of condemned ment’’ as conveying or leasing condemned public health and safety; (C) leasing property to a private person or property as part of a public-private property from one private party to another pri- entity that occupies an incidental part of partnership to a private entity that vate party—but not from the condemning gov- public property or a public facility, such as could be used for a waste-to-energy fa- ernment to a private party. However, in the a retail establishment on the ground floor of cility. ‘‘real world,’’ many economic development a public building; The processing of solid waste would projects involve the conveyance of con- (D) acquiring abandoned property; and be prohibited under this. Delivering demned property from the condemning author- (E) clearing defective chains of title. recreational services in a public area, a ity to a private person or entity—a project the Page 4, beginning in line 15, strike ‘‘and public park. Supplying affordable hous- the subsequent use of such condemned prop- bill does not reach. For instance, the bill would erty for economic development’’. ing. I could give you any number of ex- not reach the conveyance by a city or county amples that would have been precluded The Acting CHAIRMAN. Pursuant to of 10 acres of taken property to, say, the Mar- under this. Providing a parking facility House Resolution 527, the gentleman riott Corporation for the use as a convention in a downtown that is desperately center, even though the primary purpose of from Virginia (Mr. MORAN) and the needed in many communities. the conveyance is the production of increased gentleman from Wisconsin (Mr. SEN- These projects may well produce tax tax revenue and jobs. SENBRENNER) each will control 5 min- revenues, new jobs, a healthier econ- The amendment addresses this problem by utes. omy, but that is not the primary pur- The Chair recognizes the gentleman including in the definition of ‘‘economic devel- pose of these projects. Their primary from Virginia. opment’’ conveyances and leases from the Mr. MORAN of Virginia. Mr. Chair- purpose is simply to deliver a service condemning government to a private party. In man, I yield myself such time as I may that the local community needs and to addition, the bill makes some corresponding consume. do so by partnering with a private for- technical changes to the definition of eco- Well, here we have those folks who profit entity. Yet the broad language of nomic development in light of the other are considered to be on the far left and the bill would prohibit virtually all changes I have just explained. those on the far right and those just such public-private partnerships. Mr. Chairman, to conclude, this bill is too left of center and those just right of My amendment addresses this prob- broad, too unclear, and overreaching. I urge center; everybody agrees that this bill lem by making clear that the bill you to adopt this amendment. Mr. SENSENBRENNER. Mr. Chair- should be passed. It reminds me of a reaches the conveyance or lease of con- man, I yield myself such time as I may comment or observation that Plato demned property definition only when consume. once made: ‘‘The minority are often- the primary purpose of the transaction Mr. Chairman, unlike the character- times wrong, but the majority always is the increase of taxes, jobs or eco- ization that my friend from Virginia are.’’ nomic benefits. That is a change that Now, I can understand why we are re- is very much needed to this legislation. has made in this bill, this is a bill that flexively doing this bill, but I cannot Secondly, the time to file suit under is supported by the mainstream of understand why we would make this the bill is much too long. Under the Members of Congress. And how many bill so broad with such an interminably bill, a cause of action must be brought times in anybody’s congressional ca- long period of time with which to take no later than 7 years following the con- reer would you see Jim Sensenbrenner any grievance to the courts, that it clusion of condemnation proceedings and Maxine Waters supporting the will create unintended consequences and the subsequent use of such con- same bill? That means that we have a which will cause very severe con- demned property for economic develop- very, very big tent of people who are sequences and economic problems for ment. So where you have a property supporting it, because it is the right localities all over our country. that was condemned, say, next year, in thing to do. We do not have one dictatorship at 2006, and the owner believes its eco- The amendment should be defeated the local level of American govern- nomic development use begins in 2011, because it would gut the bill. Because ment. Every single official at every the owner has until 2018, 12 years after it completely goes back to the defini- single level of local government is the property’s condemnation, to chal- tion of public purpose that the Su- elected, so all of them are responsible lenge its validity. In many cases, the preme Court allowed this terrible mis- to the voters; and that is where this statute could extend the right to sue carriage of justice to occur in the Kelo should be decided. for generations to come. case. But I am going to suggest two There is no need or reason to provide The Kelo decision held that the term changes that will be achieved by my such a lengthy statute of limitations. public use could actually mean a pri- amendment. They address the two The validity of a condemnation action vate use such that the government can major deficiencies of this bill: first, it has to be put to rest in some reason- take perfectly fine property from one is much too broad; and, secondly, the able time; and the Judiciary Com- person just to give it to another period of time within which a govern- mittee has, in other contexts, agreed wealthier person. And the amendment ment can be sued is much too long. with that principle. would put back into the bill an excep- The broad definition of ‘‘economic The 7 years should be measured from tion for any public use, I would submit, development’’ in section 8 includes a the conclusion of the condemnation as defined by a majority vote of the conveyance or lease of property that is proceeding. At this time, a property city council, which in the wake of the ‘‘to increase tax revenue, tax base em- owner knows whether his or her prop- Kelo decision means a private use as ployment, or general economic erty has been taken, knows the reasons well. health.’’ for the taking, and can judge whether This amendment would put property Unfortunately, practically every con- the taking is subject to the bill’s prohi- owners everywhere back to where they veyance of condemned property can bition. My amendment would reduce were before the Kelo decision, and that have at least an incidental or sec- the statute of limitations to 7 years is way behind the eight ball, subject to ondary purpose and effect of increasing from the end of the condemnation pro- the mercy of a majority vote of their taxes, creating jobs, or otherwise pro- ceeding, not 7 years after the prop- city council. The whole point of this ducing a positive economic impact, vir- erty’s economic development. legislation is to counter the Supreme tually everything that a local govern- Mr. Chairman, this bill needs addi- Court’s reading of public use in a way ment may need to do even though that tional clarification, and I do think this that includes private use as well, and might not be the primary purpose of amendment would provide it. I have the amendment guts the bill by allow- the taking. substantial problems with this bill. So ing exceptions for private uses as well I am reluctant to fix it, but I know it as public uses. Because this amend- b 1600 is going to pass. If it passes, it should ment is a giant step backwards in the So the bill has the potential of pro- be a bill that does not cause the kind of protection of property rights, it should hibiting virtually every taking which unintended consequences this bill will be soundly defeated.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9594 CONGRESSIONAL RECORD — HOUSE November 3, 2005 With respect to the comments the The Acting CHAIRMAN (Mr. SIMP- munities and also bring people back gentleman made on the statute of limi- SON). The question is on the amend- into our cities. tations, yes, it is a long statute of limi- ment offered by the gentleman from This amendment, in order to protect tations. Because the city has the time Virginia (Mr. MORAN). public health and safety, has been en- and the money to wait out the property The question was taken; and the Act- dorsed by the National Association of owner simply by putting it on the shelf ing Chairman announced that the noes Home Builders, the International until the time expires. And we should appeared to have it. Council of Shopping Centers, the Na- have a longer statute of limitation, Mr. SENSENBRENNER. Mr. Chair- tional Association of Industrial and Of- rather than a shorter one, so that the man, I demand a recorded vote. fice Properties, the International Eco- city cannot be tempted by the siren The Acting CHAIRMAN. Pursuant to nomic Development Council, the Build- song of using its power and using its clause 6 of rule XVIII, further pro- ing Owners and Management Associa- money to run roughshod over the ceedings on the amendment offered by tion International, the Real Estate owner of a piece of private property. the gentleman from Virginia will be Roundtable, the American Institute of Mr. Chairman, I yield 1 minute to the postponed. Architects, the American Planning As- gentlewoman from California (Ms. WA- AMENDMENT NO. 6 OFFERED BY MR. TURNER sociation, the National Association of TERS). Mr. TURNER. Mr. Chairman, I offer Local Government Environmental Pro- Ms. WATERS. Mr. Chairman, I re- an amendment. fessionals, the United States Con- spectfully offer this statement against The Acting CHAIRMAN. The Clerk ference of Mayors, the International the amendment offered by the gen- will designate the amendment. City County Management Association, tleman from Virginia (Mr. MORAN). The text of the amendment is as fol- and the National League of Cities. Mr. Chairman, this amendment seeks lows: This amendment, Mr. Chairman, is to prohibit a taking of private property necessary. Without this amendment, only when the taking’s primary pur- Amendment No. 6 printed in House Report 109–266 offered by Mr. TURNER: our States will lose their pre-Kelo au- pose is economic development, maybe Page 9, beginning in line 8, strike ‘‘pro- thority. for the parking lots he described. vided’’ and all that follows through line 10 Mr. Chairman, I reserve the balance I am fearful that such an amendment and insert ‘‘, including a property or prepon- of my time. would create a loophole for States and derance of properties which constitute a Mr. SENSENBRENNER. Mr. Chair- cities, allowing them to take property threat to public health and safety by reason man, I yield myself such time as I may in a manner that is inconsistent with of dilapidation, obsolescence, overcrowding, lack of ventilation, light, and sanitary facili- consume. this Act, by arguing that the economic Mr. Chairman, this amendment must benefits of the taking were incidental ties, excessive land coverage, deleterious land use, obsolete subdivisions, or because it be defeated because it uses undefined rather than primary. terms that would gut this vital legisla- Also, this amendment seeks to con- constitutes a brownfield, as that term is de- fined in the Small Business Liability Relief tion designed to protect the property fine property owners to a 7-year period and Brownfields Revitalization Act (42 U.S.C. rights of all Americans from abuse of in which they must bring a suit under 9601(39))’’. Government land grants. this Act. This means that an owner The Acting CHAIRMAN. Pursuant to The list of organizations that the who has had his or her property taken House Resolution 527, the gentleman gentleman from Ohio read off in sup- better hope that the State or the city from Ohio (Mr. TURNER) and the gen- port of his amendment shows why it puts the property to use in 7 years. If a tleman from Wisconsin (Mr. SENSEN- ought to be defeated, if we want to State or city takes property for a pub- BRENNER) each will control 5 minutes. stand up for the property rights of indi- lic purpose, sits on it for 8 years and The Chair recognizes the gentleman vidual landowners. then puts it to use for economic devel- from Ohio. The terms used in this amendment opment, the owner has no recourse. Mr. Chairman, I do not think that Mr. TURNER. Mr. Chairman, I yield are broad in their scope; and, con- you can argue that the statute of limi- myself such time as I may consume. sequently, the amendment would sub- tations is too long. These people, citi- Mr. Chairman, the Supreme Court in ject just about any property owner in zens buy their homes, and they expect Kelo v. City of New London went too America to the threat of having their to live in them for life. They do not ex- far in allowing the taking of private property taken by a government offi- pect someone to come along and say property for private development. Con- cial willing to abuse the power of emi- that we have decided that we are going gress must take action to protect prop- nent domain to take property from one to give it to someone else, a developer erty rights of individuals. However, we private citizen and give it to another to develop for private purposes to make must be careful not to prohibit tradi- wealthier developer. money on. tional pre-Kelo justifications for emi- The amendment would allow the tak- So I would ask my colleagues to re- nent domain. ing profit for ‘‘excessive land cov- ject this amendment. Mr. Chairman, my amendment enu- erage,’’ ‘‘lack of ventilation,’’ ‘‘lack of Mr. SENSENBRENNER. Mr. Chair- merates harmful effects which con- light,’’ and ‘‘obsolescence,’’ just to man, I yield the balance of my time to stitute a threat to public health and name a few. None of these terms are the gentleman from Virginia (Mr. safety. These harmful effects are tradi- defined in the amendment, and each GOODLATTE). tional justifications for cities, munici- would be subject to tremendous abuse. Mr. GOODLATTE. Mr. Chairman, I palities and other governmental enti- No home in the country would be safe would say very quickly to the gen- ties to acquire property to protect pub- if a government official were allowed tleman from Virginia, the majority lic health and safety. In fact, the list of to use those concepts to take private that he mistrusts is about the business harmful effects in my amendment in- property. of protecting the minority that he val- cludes elements from several State If a government bureaucrat thinks ues, because a private property owner laws. your porch is too big, they can take facing eminent domain powers being The amendment is derived from the your whole house and all of your land used to take their property for private State definitions from Wisconsin, the under the amendment. If your barn has economic development purposes is very home of Chairman SENSENBRENNER; only one light bulb in it or no artificial much alone, and he needs this kind of Texas, the home of our President; Illi- light at all, then your barn and all of weight of authority behind him or her nois, the home of our Speaker; Mis- the farm land surrounding it could be to protect their private property souri, the home of Majority Leader confiscated by the government. Web- rights. BLUNT; and Virginia, the home of ster’s Dictionary defines obsolete, If the gentleman’s amendment is Chairman GOODLATTE. which is one of the terms used in this adopted, it will reopen exactly the kind I have also included an exception for amendment, as of a kind or style no of confusing and controversial court brownfields in my amendment. longer current. Under the amendment, decisions that we are about trying to Brownfields, which are contaminated then, if the design of your house is out address here today. The specificity in properties, are a dangerous problem for of fashion in the eyes of government of- the bill is superior to the gentleman’s cities and must be redeveloped to pro- ficials, you could lose both your house amendment. tect the current residents of these com- and your property; and that is wrong.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9595 The base bill already includes a rea- where they are living next to public other property owners will be afforded sonable exception that allows the gov- health and safety threats are what the in a Federal policy response to Kelo. ernment to take property when prop- amendment would rise to. The Acting CHAIRMAN (Mr. SIMP- SON). The gentleman from Ohio has 1 erty is being used in a way that im- b 1615 poses an immediate threat to the pub- minute remaining. lic health and safety. And the base bill It does not permit anybody to take Mr. TURNER. Mr. Chairman, I yield does absolutely nothing, absolutely any property because a light bulb is 45 seconds to the gentleman from Cali- nothing that prevents States and local- burned out. In fact, again it is based on fornia (Mr. FARR). ities from enforcing public nuisance 49 States and the exact language that Mr. FARR. Mr. Chairman, I have laws under its police powers and tear- is used by them in defining harmful ef- mixed emotions about this bill, but I ing down an unsafe building. fects. The chairman’s own State’s lan- see it as an environmental bill. This is But the amendment goes much fur- guage includes, from Wisconsin, dilapi- a great bill. This stops growth, particu- ther in a way that threatens low-in- dation, obsolescence, sanitation, light, larly the section of the sense of Con- come and minority communities, and air. These are not terms of burned-out gress on the use of eminent domain for that reason I join the NAACP in op- light bulbs. These are issues where funds to take farmland or other real posing this amendment. Listen to what they rise to the level of a safety and property for economic development. It actual practitioners in the field have to health threat to the individuals of the just says you cannot do that. say about it. This is from the Institute communities, of the people whose prop- But what really bothers me in this for Justice, the public interest law firm erties are next to them. It is not Kelo. bill is the fact that the terms of Fed- that represented Suzette Kelo and the We all believe that Kelo has gone too eral economic development means any other New London homeowners who far and that an individual’s property Federal funds distributed to or through took their fight to keep their homes rights of his home should be protected. States or political subdivision of the from being taken for private commer- But similarly, the home that stands States under Federal laws designed to cial development all the way to the Su- next to a property that is abandoned improve or increase the size of econo- preme Court. and is a health threat or the property mies of the State or political subdivi- The Institute for Justice states, ‘‘In that is next to a factory for which sions. our experience litigating eminent do- there are health and safety issues for a As I look at it, those laws mean all main cases all over the country, we community needs to be addressed. the BRAC money that comes to reuse have seen each of the terms in the Forty-nine States have passed legisla- of military bases. It means transpor- amendment applied in such a way as to tion permitting eminent domain in tation monies. It means sewer and allow the use of eminent domain on public safety and health threats. Cer- water monies. It essentially is a no- perfectly normal residential and busi- tainly we should acknowledge this and growth bill. For those on the environ- ness neighborhoods. Dilapidation can not take away from these communities mental side this is good. For those who mean that a building has chipped mor- the pre-Kelo rights of eminent domain. want to see some economic develop- tar or needs a new handrail. Obsoles- Mr. Chairman, I reserve the balance ment, we need this amendment. cence can be a single-family home that of my time. Mr. TURNER. Mr. Chairman, I yield lacks three bedrooms, two full bath- Mr. SENSENBRENNER. Mr. Chair- myself the balance of my time. rooms and a two-car attached garage. man, I yield 1 minute to the gentle- Mr. Chairman, in communities all Both overcrowding and lack of ventila- woman from California (Ms. WATERS). across this country, there are buildings tion, light and sanitary facilities were Ms. WATERS. Mr. Chairman, I rise in that represent a public health and safe- routinely used during urban renewal to strong opposition to the amendment ty threat to a community. Many times remove poor and minority commu- offered by the gentleman from Ohio people drive by those buildings and nities from their neighborhoods. Dele- (Mr. TURNER). This is the most dan- they say to their elected officials, terious land use can mean a combina- gerous of all the amendments that someone ought to do something about tion of residences and businesses in a have been offered today. that. It is not a Kelo decision of saying single area, even though many plan- We take up the Private Property we ought to have something better. It ners think that such neighborhoods are Rights Protection Act today in an ef- is saying that there is something dam- ideal. Time and time again, the terms fort to provide all property owners aging to our community and damaging found in this amendment have served with greater protections. The Turner to our neighborhoods. as vehicles for the abuse of eminent do- amendment will essentially create a The Acting CHAIRMAN. The ques- main for private commercial develop- blight exception. By prohibiting the tion is on the amendment offered by ment’’. From the Institute. use of eminent domain for economic the gentleman from Ohio (Mr. TURNER). This gutting amendment should be development in almost all instances The question was taken; and the Act- defeated. except blight, we make blighted com- ing Chairman announced that the noes Mr. Chairman, I reserve the balance munities an easy target for States and appeared to have it. of my time. cities. Mr. TURNER. Mr. Chairman, I de- Mr. TURNER. Mr. Chairman, I yield This is why the NAACP supports this mand a recorded vote. myself such time as I may consume. bill also. Too many of our commu- The Acting CHAIRMAN. Pursuant to Mr. Chairman, wow, light bulbs burnt nities, the minority, the elderly and clause 6 of rule XVIII, further pro- out, paint peeling, those are scary the low-income have witnessed an ceedings on the amendment offered by things that the chairman has said abuse of eminent domain powers. Given the gentleman from Ohio will be post- would be used for eminent domain. But this history of abuse, we would like all poned. not in America. That is not what the legislative responses to Kelo to be sen- AMENDMENT NO. 7 OFFERED BY MR. GARY G. eminent domain pre-Kelo has been in sitive to that. MILLER OF CALIFORNIA America. Historically and today, it has been Mr. GARY G. MILLER of California. The 49 States who have definitions of too easy to characterize minority, el- Mr. Chairman, I offer an amendment. harmful effects that are in this amend- derly or low-income communities as The Acting CHAIRMAN. The Clerk ment are from States that have liti- blighted for eminent domain purposes will designate the amendment. gated over this issue and that have and subject them to the will of the gov- The text of the amendment is as fol- taken into consideration the issue of ernment. If legislative proposals con- lows: property rights, the issue of the prop- tain language that could potentially Amendment No. 7 printed in House Report erty rights of individuals that live next excluding these communities from pro- No. 109–266 offered by Mr. GARY G. MILLER of to abandoned factories, the people who tection against eminent domain California: have children that are in neighbor- abuses, we have failed to be sensitive Page 9, line 17, strike ‘‘and’’. Page 9, line 19, strike the period and insert hoods that have property that is near to the interests of this constituency. ‘‘; and’’. them that has an impact on the public These communities should be af- Page 9, after line 19, insert the following: health and safety. The ability for them forded the same rights and protections (G) redeveloping of a brownfield site as de- to enjoy their property and to enjoy it all homeowners, business owners, and fined in the Small Business Liability Relief

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9596 CONGRESSIONAL RECORD — HOUSE November 3, 2005 and Brownfields Revitalization Act (42 U.S.C. I rise today to offer a modest amendment to costs of any contamination found. Eminent do- 9601(39)). ensure the Federal Government continues to main can often help break through legal and The Acting CHAIRMAN. Pursuant to work with local communities to promote and procedural barriers to the sale of the land. House Resolution 527, the gentleman encourage Brownfields redevelopment in To address this, local governments can take from California (Mr. GARY G. MILLER) America. advantage of the liability protections in and a Member opposed each will con- PROTECTING PRIVATE PROPERTY RIGHTS IS IMPORTANT CERCLA for acquiring potentially contami- trol 5 minutes. There is no question that the right to own nated sites ‘‘through the exercise of eminent The Chair recognizes the gentleman private property is one of the cornerstones of domain authority by purchase or condemna- from California. American freedom. tion.’’ Without using eminent domain as pro- Mr. GARY G. MILLER of California. Governmental regulatory takings are becom- vided for in CERCLA, a local government Mr. Chairman, I yield myself such time ing more and more prevalent in today’s soci- would be held strictly liable for all costs of as I may consume. ety and Congress must do everything possible cleaning up polluted land as an ‘‘owner or op- Mr. Chairman, I yield to the gen- to ensure that lands acquired by private erator’’ of the site. As a result, local govern- tleman from Wisconsin (Mr. SENSEN- means are protected. As more and more ments would be less likely to redevelop a BRENNER). Americans are working to purchase property Brownfield site. Mr. SENSENBRENNER. Mr. Chair- and become homeowners, the threat of gov- BY PROMOTING BROWNFIELDS REDEVELOPMENT, WE ARE man, I thank the gentleman for yield- ernmental takings must not overshadow the NOT THROWING PEOPLE OUT OF THEIR HOMES ing. pursuit of the American dream. Brownfields are not Residential Properties. The amendment would simply make The recent United States Supreme Court They are abandoned, idle, or under-used in- an exception for the taking of property decision set the precedent that local govern- dustrial and commercial facilities where expan- that is categorized as a brownfield ments may be afforded wide latitude in seizing sion or redevelopment is complicated by real under Federal law, meaning it is a site property for land-use decisions. I strongly dis- or perceived environmental contamination. that contains or is perceived to contain agree with the implications of this decision. CITIES WILL NOT BE ABLE TO ABUSE THE BROWNFIELDS hazardous contaminants. I support the Private property has been the foundation of EXCEPTION adoption of the amendment and com- our society, and I believe it is unwise for gov- The Brownfields Revitalization Act creates a mend the gentleman from California ernment to deprive citizens of this most basic specific scientific standard for determining for introducing it. tenet of the American dream. whether a former industrial site is a potential Mr. GARY G. MILLER of California. I am pleased that we have a bill before us Brownfield site. Reclaiming my time, I rise to offer a today to respond to the Supreme Court’s ill- The real problem is that when a property is modest amendment to ensure the Fed- advised decision. While the bill is an important a Brownfield, it is in legal limbo. It is the ‘‘pos- eral Government continues to work step to protect private property rights, it could sibility’’ of contamination alone that results in with local communities to promote and have the unintended consequence of inhibiting the lack of redevelopment. The land might not encourage brownfield redevelopment in the redevelopment of Brownfields sites. be contaminated, but if the owners have rea- America. BILL’S EXEMPTIONS DO NOT COVER BROWNFIELDS son to believe it might be, it will likely sit, un- The bill has a list of exemptions that The bill has a list of exemptions that recog- used. recognizes eminent domain is some- nize that eminent domain is sometimes used Without the city’s ability to exercise eminent times used for legitimate purposes. for legitimate purposes. However, Brownfields domain, many contaminated properties that These exemptions in H.R. 4128 are not redevelopment is not part of this list. can be redeveloped would instead continue to sufficient to address brownfield sites. The current exemptions in H.R. 4128 are impose heavy environmental, financial, and While the bill is an important step to not sufficient to address Brownfields sites. social burdens on communities. protect private property rights, it Brownfields are not always ‘‘abandoned’’ and CONCLUSION could have the unintended consequence may not ‘‘impose an immediate threat to We must give cities the opportunity to mini- of inhibiting redevelopment of health or safety.’’ My amendment corrects this mize urban sprawl and preserve existing brownfield sites. oversight by adding Brownfields redevelop- green space by allowing communities to work My amendment corrects the over- ment as specifically defined in the Small Busi- with local developers and builders to utilize sight by adding brownfield redevelop- ness Liability Relief and Brownfields Revital- previously developed properties. ment as specifically defined in the ization Act. This amendment preserves the ability of cit- Small Business Liability Relief and BROWNFIELDS REDEVELOPMENT IS IMPORTANT ies to take ownership of Brownfields and work Brownfield Revitalization Act of 2001. Experts estimate that the United States has with their development community to design Owners of brownfield sites are fre- more than 450,000 vacant or underused in- projects that utilize existing infrastructure. quently unwilling to sell them for fear dustrial sites as a result of environmental con- Most importantly, it is estimated that up to of cleanup and cost of contamination tamination caused by chemical compounds $2.4 billion in new tax revenues can be gen- they find. Eminent domain can often and other hazardous substances. These sites erated through Brownfields redevelopment. help break through legal and proce- are known as Brownfields. Let’s make sure cities have the tools they dural barriers to the sale of the land. Brownfields represent more than just eye- need to clean up Brownfields sites. To address this, local governments sores—they threaten our groundwater supply, I urge my colleagues to support this crucial can take advantage of the liability pro- cost our local communities jobs and revenue, amendment to demonstrate that we support tection in CERCLA for acquiring po- and contribute to urban sprawl. Returning the Brownfields redevelopment. tentially contaminated sites ‘‘through nation’s Brownfields sites to productive eco- Mr. Chairman, I reserve the balance the exercise of eminent domain author- nomic development could generate more than of my time. ity by purchaser or condemnation.’’ 550,000 additional jobs and up to $2.4 billion Ms. WATERS. Mr. Chairman, I claim Without using eminent domain as in new tax revenues for cities and towns. time in opposition to the amendment. provided for in CERCLA, a local gov- We must not inhibit or stymie the ability of The Acting CHAIRMAN. The gentle- ernment would be held strictly liable localities to responsibly exercise eminent do- woman from California is recognized for all costs and cleanup of polluted main authority for the redevelopment of for 5 minutes. land as the owner and operator of the Brownfield sites. The redevelopment of Ms. WATERS. Mr. Chairman, I site. Brownfield sites has proven to revitalize dis- claimed this time to raise some con- I want to stress strongly that tressed neighborhoods, while fostering eco- cerns about the amendment offered by brownfield sites are not residential nomic growth, creating jobs, increasing local the gentleman from California. I be- properties. They are abandoned, idle, tax revenues, and reducing public service de- lieve the gentleman from California or underused industrial and commer- mands. and the gentlewoman from Texas have cial facilities where expansion or rede- This amendment will ensure that the use of a sincere interest in furthering this Na- velopment is complicated by real or eminent domain to redevelop Brownfield sites tion’s development of brownfields, land perceived environmental contamina- will remain available. that is difficult to expand because of tion. BROWNFIELDS POSE OBSTACLES TO REDEVELOPMENT environmental contamination. How- Let us make sure the cities have the THAT SOMETIMES CAN ONLY BE OVERCOME BY EMI- ever, I believe that such development is tools they need to clean up brownfield NENT DOMAIN already protected under the bill. sites. It is a reasonable amendment, Owners of Brownfield sites are frequently First, this bill will provide an excep- and I ask for an ‘‘aye’’ vote. unwilling to sell them for fear of the cleanup tion for removing harmful uses of land

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9597 provided such uses constitute an imme- Ms. EDDIE BERNICE JOHNSON of that is provided for in CERCLA, a local diate threat to health and safety. If Texas. Mr. Chairman, I proudly join government would be held strictly lia- land truly constitutes a brownfield, the gentleman from California in sup- ble for all costs of cleanup of the pol- then it meets this exception. porting this amendment. luted land as the owner-operator of the Second, brownfields are often ac- I appreciate the response that H.R. site. That is a complete different liabil- quired by clearing title on, for exam- 4128 is attempting to convey. We just ity that the city would accept through ple, old industrial property where own- feel that there is a possibility that it eminent domain. ership exchanged numerous times with- might have some unintended con- By not having eminent domain out proper recording. The bill creates sequences. through CERCLA, a city then would an exception for clearing defective In 2002, President Bush signed the not want to have a piece of property claims of title; and, again, brownfields Small Business Liability Relief and that was a brownfield because they would be protected. Brownfields Revitalization Act, and then are accepting the total liability of Brownfields are also protected under that bill authorized $200 million annu- the owner. This is going to shut down the abandoned property exception that ally for Federal assistance to States development in local communities. The is in the bill. Owners often abandon and local communities to assess problem we have with the bill, there is these properties to escape liability. I brownfield sites and to conduct cleanup no immediate threat to health because, am confident that there are sufficient where the assessment indicates the as you know, brownfields are usually protections in this bill for brownfields cleanup was warranted. fenced in. They are sites that are not in question if an additional exception The measure represented the center- being used. The owners generally do needs to be created. piece of the administration’s environ- not want to know if they are contami- We do not want cities to now use the mental agenda. It was widely praised nated because then they have to accept brownfields label as an excuse to take and received broad bipartisan support, liability. private property and turn it over to a and rightfully so. According to the It is a reasonable amendment. I private business or developer. Worse Government Accountability Office, thank the chairman for accepting it. yet, we do not want brownfields to be- there are well over 500,000 brownfields Mr. Chairman, I yield back the bal- come the modern-day blight exception. in communities around the country; ance of my time. You can see that we have heard re- and brownfields represent the economic b 1630 quests for any number of exceptions, opportunity wherever they exist. and if we stayed on this floor for 24 These abandoned and underused in- Ms. WATERS. Mr. Chairman, I yield hours or 48 hours, more Members, per- dustrial sites pose heavy economic, fi- myself the balance of the time. haps, could think of reasons why you nancial, and social burdens on the com- I respect the gentleman’s request for should take private land for private munity. These burdens include blight, yet another exception, but I oppose it. use. I maintain that if you want to deterioration of neighboring properties I think that the chairman and the package land or you want to acquire and property values, neighborhood framers of this legislation have been land, you have to work within the mar- health hazards from contamination, very responsible in the way that we ketplace to do it. You have to go out, and increased need for fire and police have tried to advance a piece of legisla- you have to find the owners, you have protection to limit the nuisance effect tion to protect the citizens of this Na- to negotiate market rates, you ‘‘have’’ of brownfields, and increased sprawl as tion from a bad Supreme Court deci- to convince people it is for good uses. individuals and families and businesses sion. You have to work. And you have to en- relocate to the suburbs, farmland, and A lot of people may be inconven- gage in order to acquire land. You can- open space. ienced by our bill, people who want to not simply come up with every excuse Over the past decade, communities acquire property, people who want to that is convenient to mayors and city across the country have realized that take private property for a develop- council members and to developers to responsible brownfield redevelopment ment, people who want to make take people’s private land. can transform environmentally im- money, people who will use any means If it is private, if it is owned, whether paired property into productive prop- necessary by which to gain property it is residence or business or ‘‘vacant’’ erty and positively impact distressed that they think will help to bring them land, whatever, it belongs to somebody, communities. additional profits. There are a lot of somebody paid for it. They have a right The city of Dallas that I represent reasons why people will be inconven- to it. The government does not have was one of the first cities to be des- ienced by this bill. the right to take it. And so I would ignated as a brownfield showcase com- The bottom line is we do not wish to simply be opposed to yet another re- munity by the Environmental Protec- continue to abuse and inconvenience, quest for an exception to this very tion Agency. Dallas has used assess- marginalize and deny property owners good bill that is put forth to protect ment and remediation grant programs of this country. We feel that our num- the citizens of the States. to redevelop 35 sites in the core of the ber one responsibility is to the prop- I commend the chairman and those of city. erty owners. We are elected to rep- us on both sides of the aisle for step- Although the city has not used emi- resent our citizens in the best way pos- ping forward in the manner that we nent domain to date in its brownfield sible. There is no better way to rep- have in a timely fashion to say no. redevelopment projects, they have resent citizens than to say we stand I have often criticized my friends on shared with me that they certainly can with you in the ownership of the land the opposite side of the aisle for accus- anticipate perhaps a situation where that you have bought, that you have ing courts and the Supreme Court of the city might want to do this to ac- inherited, that you have invested in. creating law, of creating legislation. quire. I fully and strongly support the We know a lot of people may not like They did it on this one. They abso- amendment. it. It may inconvenience some people. lutely did. The Constitution simply Ms. WATERS. Mr. Chairman, I re- You may not be able to build that says that you must compensate for the serve the balance of my time. parking lot, you may not be able to de- taking of land for public use. Mr. GARY G. MILLER of California. velop that shopping center, but we We are not opposed to eminent do- Mr. Chairman, I yield myself the bal- stand with the people against those main for public use. I question it from ance of my time. kind of inconveniences. We ask for a time to time, but that is not what this The gentlewoman from California ‘‘no’’ on the gentleman’s amendment. is all about. This is about the taking of said a few things that I think I have to The Acting CHAIRMAN (Mr. SIMP- private land for private use. address. She said she believed this is SON). The question is on the amend- Mr. Chairman, I reserve the balance included within the bill. It is not. The ment offered by the gentleman from of my time. other thing she said is that the cities California (Mr. GARY G. MILLER). Mr. GARY G. MILLER of California. should work within the marketplace to The amendment was agreed to. Mr. Chairman, I yield 21⁄4 minutes to acquire these properties. AMENDMENT NO. 8 OFFERED BY MR. GINGREY the gentlewoman from Texas (Ms. The problem you have with cities Mr. GINGREY. Mr. Chairman, I offer EDDIE BERNICE JOHNSON). doing that is without eminent domain an amendment.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9598 CONGRESSIONAL RECORD — HOUSE November 3, 2005 The Acting CHAIRMAN. The Clerk gious organizations and other non- work with the chairman of the Judici- will designate the amendment. profits have indeed become potential ary Committee and myself and others The text of the amendment is as fol- prime targets for the government to ensure in conference that his inten- lows: wrecking ball. tions are accurately reflected in the Amendment No. 8 printed in House Report State and local governments should amendment language? 109–266 offered by Mr. GINGREY: never target, or even contemplate tar- Mr. GINGREY. Mr. Chairman, cer- Add at the end the following new section: geting, our houses of worship or non- tainly we would be glad to work with SEC. 12. RELIGIOUS AND NONPROFIT ORGANIZA- profit organizations simply because an- both chairmen in regard to that in the TIONS. other use of the property would almost conference if there is any confusion re- (a) PROHIBITION ON STATES.—No State or certainly build up their tax base. garding the amendment. political subdivision of a State shall exercise Mr. GOODLATTE. I appreciate the its power of eminent domain, or allow the Mr. Chairman, I believe my amend- exercise of such power by any person or enti- ment turns this unique vulnerability gentleman’s willingness to work with ty to which such power has been delegated, into an asset for our houses of worship us; and, on that basis, we will support over property of a religious or other non- and nonprofit organizations. Its the amendment. profit organization by reason of the non- chilling effect will force State and Mr. GINGREY. Mr. Chairman, with profit or tax-exempt status of such organiza- local governments to think twice be- the indulgence of the chairman of the tion, or any quality related thereto if that fore they contemplate buying gasoline Judiciary Committee, I yield 1 minute State or political subdivision receives Fed- for a steamroller to plow down our to the gentleman from Maryland (Mr. eral economic development funds during any houses of worship. BARTLETT), who has asked for time on fiscal year in which it does so. this amendment. (b) INELIGIBILITY FOR FEDERAL FUNDS.—A Mr. Chairman, I want to encourage violation of subsection (a) by a State or po- my colleagues on both sides of the aisle Mr. BARTLETT of Maryland. Mr. litical subdivision shall render such State or to support my amendment and the Chairman, I urge my colleagues to sup- political subdivision ineligible for any Fed- overall bill to strengthen private prop- port the Gingrey amendment. eral economic development funds for a pe- erty rights for the sake of all Ameri- Before Kelo, a Christian church, after riod of 2 fiscal years following a final judg- cans. spending 5 years acquiring property, ment on the merits by a court of competent Mr. SENSENBRENNER. Mr. Chair- had the city intercede when it learned jurisdiction that such subsection has been man, will the gentleman yield? there would be a church built on the violated, and any Federal agency charged Mr. GINGREY. I yield to the gen- property. The city initiated eminent with distributing those funds shall withhold domain to give the land to Costco. The them for such 2-year period, and any such tleman from Wisconsin. funds distributed to such State or political Mr. SENSENBRENNER. Mr. Chair- church prevailed, but that was before subdivision shall be returned or reimbursed man, I thank the gentleman from Geor- Kelo. by such State or political subdivision to the gia for yielding. In Justice O’Connor’s Kelo dissent, appropriate Federal agency or authority of What the Kelo decision has said is she warned that in expanding the defi- the Federal Government, or component that the land that the house of God is nition of ‘‘public use,’’ the majority thereof. built on belongs to Caesar and Caesar had come close to embracing ‘‘the ab- (c) PROHIBITION ON FEDERAL GOVERN- can go condemn the land that the surd argument that any church might MENT.—The Federal Government or any au- house of God is built on to turn it to be replaced with a retail store.’’ She thority of the Federal Government shall not continued to state that this ‘‘is inher- exercise its power of eminent domain over into a strip mall or hotel or whatever property of a religious or other nonprofit or- will bring in more tax base, and that is ently harmful to society.’’ ganization by reason of the nonprofit or tax- wrong. Because of Kelo in general and in this exempt status of such organization, or any The amendment that the gentleman situation in particular, the fifth quality related thereto. from Georgia has offered simply states amendment takings clause has been The Acting CHAIRMAN. Pursuant to that the tax-exempt status of a reli- stretched beyond the bounds that the House Resolution 527, the gentleman gious or nonprofit organization cannot Framers intended. By expanding the from Georgia (Mr. GINGREY) and a be used for a taking under the Kelo fifth amendment’s definition of ‘‘public Member opposed each will control 5 case. The amendment is a good one. It use,’’ it could limit the scope of the minutes. ought to be supported, and I am happy ‘‘free exercise’’ of religion guaranteed The Chair recognizes the gentleman that he offered it. in the first amendment. from Georgia. Mr. GOODLATTE. Mr. Chairman, Kelo shattered our private property Mr. GINGREY. Mr. Chairman, I yield will the gentleman yield? rights. Today, by passing H.R. 4128, myself such time as I may consume. Mr. GINGREY. I yield to the gen- Congress will help pick up the pieces. I rise today in support of this amend- tleman from Virginia. Congress must act to prevent the dem- ment I have offered to H.R. 4128, the Mr. GOODLATTE. Mr. Chairman, I olition of our rights, our homes, our Private Property Rights Protection thank the gentleman for yielding, and businesses and our houses of worship. Act of 2005. I am going to acquiesce with the chair- The Acting CHAIRMAN. The ques- Mr. Chairman, from Matthew 22:17, man on the amendment, but I want to tion is on the amendment offered by we know that the Pharisees tried to express some reservations. the gentleman from Georgia (Mr. trap Jesus regarding allegiance to the It appears that it is the author’s in- GINGREY). Roman government; and, of course, tention that nonprofit and religious or- The amendment was agreed to. Jesus said, Render to Caesar the things ganizations not be singled out by local AMENDMENT NO. 9 OFFERED BY MR. CUELLAR that are Caesar’s but render to God the governments due to their tax-exempt Mr. CUELLAR. Mr. Chairman, I offer things that are God’s. status alone. Is that correct? an amendment. Mr. Chairman, for over 2,000 years Mr. GINGREY. That is correct. The Acting CHAIRMAN. The Clerk God has owed no taxes to the govern- Mr. GOODLATTE. Mr. Chairman, is will designate the amendment. The text of the amendment is as fol- ment, but that all changed on June 23, it also the gentleman’s intention that lows: 2005. this provision would not trump the Mr. Chairman, my amendment would other provisions of the bill that provide Amendment No. 9 printed in House Report 109–266 offered by Mr. CUELLAR: add an additional section to this bill to additional protections to nonprofits by Add at the end the following: ensure that our houses of worship and prohibiting takings from private enti- SEC. 13. REPORT BY FEDERAL AGENCIES ON other nonprofit organizations are not ties for other economic development REGULATIONS AND PROCEDURES penalized because they are tax-exempt reasons to give to other private enti- RELATING TO EMINENT DOMAIN. and, therefore, provide no revenue to ties? Not later than 180 days after the date of the treasuries of State and local gov- Mr. GINGREY. That is correct. The the enactment of this Act, the head of each ernments. Thus, they became low- gentleman is correct. Executive department and agency shall re- view all rules, regulations, and procedures hanging fruit, ripe for the taking. Mr. GOODLATTE. Mr. Chairman, to and report to the Attorney General on the In the wake of the Kelo decision that the extent that the language in the bill activities of that department or agency to gutted the property protections of the could be confusing in the amendment, bring its rules, regulations and procedures fifth amendment, the properties of reli- would the gentleman be willing to into compliance with this Act.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9599 The Acting CHAIRMAN. Pursuant to The Acting CHAIRMAN. The Clerk gets, in many instances, racial and eth- House Resolution 527, the gentleman will designate the amendment. nic minorities because cities often from Texas (Mr. CUELLAR) and a Mem- The text of the amendment is as fol- want to redevelop areas with low prop- ber opposed each will control 5 min- lows: erty values because minorities have utes. Amendment No. 10 printed in House Report less political clout and are less able to The Chair recognizes the gentleman 109–266 offered by Ms. JACKSON-LEE of Texas: fight back. That is one aspect, but the from Texas. Add at the end the following: rural community and the surrounding Mr. CUELLAR. Mr. Chairman, I yield SEC. ll. SENSE OF CONGRESS. areas in New Orleans and Gulfport and myself as much time as I may con- It is the sense of Congress that any and all other areas are equally victims, and so sume. precautions shall be taken by the govern- this amendment speaks to the whole- Mr. Chairman, I thank the gentleman ment to avoid the unfair or unreasonable taking of property away from survivors of ness of the region that will be under at- from Wisconsin and the gentlewoman tack for economic development. from California for this opportunity to Hurricane Katrina who own, were be- present this amendment. I believe this queathed, or assigned such property, for eco- Might I close by these words: ‘‘South- nomic development purposes or for the pri- of-Boston residents, especially those in amendment is acceptable to the chair- vate use of others. man and the gentlewoman from Cali- coastal towns, need to confront the fornia. The Acting CHAIRMAN. Pursuant to nasty implications of the recent Su- Chairman SENSENBRENNER and Congress- House Resolution 527, the gentlewoman preme Court decision in a post-Katrina woman WATERS, thank you for this opportunity from Texas (Ms. JACKSON-LEE) and a era. If a Category 5 hurricane wipes to present my amendment to H.R. 4128, the Member opposed each will control 5 houses from Houghs Neck, Minot, Private Property Rights Protection Act of 2005. minutes. Humarock, Marion, or Mattapoisett, I will not spend much time describing my The Chair recognizes the gentle- might not the remaining citizens take amendment, which is acceptable to the Chair- woman from Texas. kindly to an offer to replace the houses man and Congresswoman WATERS, because Ms. JACKSON-LEE of Texas. Mr. with a resort hotel?’’ the concept is simple. My amendment will re- Chairman, I yield myself such time as I want to remind my colleagues that quire all Federal agencies and departments to I might consume. the eminent domain theory came when submit a report to the Attorney General Might I just for my colleagues read the British soldiers wanted to place verifying that all rules, regulations, and proce- very briefly the language of this their soldiers in American homes or co- dures of that agency are in compliance with amendment, and I hope that we can lonial homes, and so this has the the provisions of H.R. 4128. join in a bipartisan manner in the spir- underpinnings of a long history. This is There is a saying in business: ‘‘what gets it of this underlying legislation. an important step for us to take for the measured gets done.’’ H.R. 4128 is an impor- Mr. SENSENBRENNER. Mr. Chair- Katrina survivors, and I thank the tant and timely bill, and it will do a great deal man, will the gentlewoman yield? chairman for supporting it. Ms. JACKSON-LEE of Texas. I yield to help protect private property rights in this Mr. Chairman, I have an amendment to to the gentleman from Wisconsin. country. My amendment will strengthen H.R. H.R. 4128, the Private Property Rights Protec- Mr. SENSENBRENNER. Mr. Chair- 4128, by making sure that the practices and tion Act of 2005, that has been reported by procedures of Federal agencies are quickly man, I thank the gentlewoman for the Committee on Rules, #12 as printed in the and uniformly brought into compliance with the yielding. Congressional Record and captioned as new law. I am happy to accept this amend- My amendment will require all Federal ment that amends the sense of Con- Jackso.177. This legislation seeks to curtail agencies and departments to review their gress section of the bill that says that the decision handed down by the U.S. Su- practices with regard to eminent domain, and victims of Hurricane Katrina cannot preme Court in Kelo v. City of New London on to submit a report to the Attorney General have their property condemned simply June 23, 2005. Kelo held ‘‘economic develop- verifying that all rules, regulations, and proce- because it was damaged by the hurri- ment’’ to be a ‘‘public use’’ under the Fifth dures of that agency are in compliance with cane. Unless the amendment is adopt- Amendment’s Taking Clause. The Takings the provisions of H.R. 4128. This amendment ed, then victims of Hurricane Katrina Clause states that ‘‘nor shall private property will help to make the transition clearer, and end up getting penalized twice. That is be taken for public use without just compensa- will introduce an added dimension of account- twice too many times. We can take tion.’’ ability into the process. away one of those times by adopting In the 1990’s, a state agency declared that As a believer in responsible government, I the amendment, and I urge the House New London, CT was a ‘‘distressed munici- always have and will continue to hold our bu- to support it. pality’’ after its unemployment numbers hit reaucracy accountable for knowing the law Ms. JACKSON-LEE of Texas. Mr. double the rate in the rest of Connecticut. The and following it correctly. This simple reporting Chairman, I cannot thank you enough, holding by the Supreme Court purported to requirement will ensure that it is done in a and I would ask your kind indulgence if defer to the city’s judgment and that the devel- timely fashion. H.R. 4128 is a good bill, and I could reclaim my time to put these opment would be a ‘‘catalyst to the area’s re- my amendment will help to ensure that it is items in the RECORD, and I would like juvenation.’’ enforced quickly, uniformly, and fairly. to yield a moment to the gentlewoman To lay the foundation for the relevance of Mr. SENSENBRENNER. Mr. Chair- from California, but let me just say my amendment, I cite an article in the Tulsa man, will the gentleman yield? World: Mr. CUELLAR. I yield to the gen- this. The chairman is so very right. Let The situation in New London is a time-ex- tleman from Wisconsin. me make these points. It is legislation tended version of the crisis in New Orleans Mr. SENSENBRENNER. Mr. Chair- . . . New Orleans saw its demise in the man, I am happy to accept the amend- to, in fact, make a very pronounced statement that we are very much course of days, not decades. There was no ment because it requires the Federal choice but to create a package of initiatives Government agencies do whatever they watching and seeking to protect the that would bring the private sector in on the need to do to come into compliance Hurricane Katrina survivors from un- rebuilding effort. In some areas, eminent do- with the bill’s prohibition on abuse of reasonable taking of property away main may be the only answer. The urgency eminent domain. It is a good amend- from them for economic development of government planning, however, is offset ment, and I hope we accept it. or for private use. by the fact that the first contracts have gone Mr. CUELLAR. Mr. Chairman, I yield Let me share this paragraph: New Or- out to some of the usual suspects—namely, back the balance of my time. leans will be the center of a reconstruc- corporations with strong ties to the adminis- tration In Washington. The Acting CHAIRMAN. The ques- tion project that will have a price tag tion is on the amendment offered by in excess of $200 billion. Eminent do- The land use situation in the areas most af- the gentleman from Texas (Mr. main will play a major role in the local fected by Hurricane Katrina presents the situa- CUELLAR). government’s ability to assemble prop- tion that is most ripe for eminent domain The amendment was agreed to. erties to carry out their plans, whether takings under the guise of ‘‘economic develop- AMENDMENT NO. 10 OFFERED BY MS. JACKSON- residents like it or not. ment.’’ My amendment seeks to add the legis- LEE OF TEXAS The NAACP, which the chairman lative intent to H.R. 4128 that the law seeks to Ms. JACKSON-LEE of Texas. Mr. cited in another debate, stated that the put the people first even in the face of post- Chairman, I offer an amendment. eminent domain process mostly tar- disaster reconstruction.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9600 CONGRESSIONAL RECORD — HOUSE November 3, 2005 I thank the Chairman of the Committee on The Acting CHAIRMAN. The Clerk proach is a more reasonable and pru- the Judiciary for his support of this amend- will designate the amendment. dent one. We do not have a crisis at ment. It is critical that we continue the spirit of The text of the amendment is as fol- this point. State and local govern- bi-partisanship that was started with the reso- lows: ments should be dealing with this in an lution disapproving the Kelo decision, of which Amendment No. 11 printed in House Report appropriate fashion. We should not I was an original co-sponsor, the Private Prop- 109–266 offered by Mr. WATT: have overbroad legislation that could Page 2, strike line 3 and all that follows have many unintended consequences. erty Rights Protection Act of 2005, H.R. 3135. through line 25 on page 6. New Orleans will be the center of a recon- Page 8, strike line 15 and all that follows Mr. WATT. Mr. Chairman, I yield struction project that will have a price tag in through line 4 on page 11. myself such time as I may consume. excess of $200 billion. Eminent domain will Page 7, strike line 1 and insert the fol- First of all, I want to thank the gen- play a major role in the local governments’ lowing: tleman from Oregon for his thoughtful ability to assemble properties to carry out their SECTION 1. SENSE OF CONGRESS. approach to this and express my desire plans—whether the residents like it or not. The Acting CHAIRMAN. Pursuant to to have all of the Members of the Con- NAACP representative Hillary Shelton stated House Resolution 527, the gentleman gress have an equally thoughtful ap- from North Carolina (Mr. WATT) and that ‘‘the eminent domain process mostly tar- proach to it. the gentleman from Wisconsin (Mr. gets racial and ethnic minorities because cities The Kelo decision was met with a SENSENBRENNER) each will control 5 often want to redevelop areas with low prop- tremendous uproar, with many echoing minutes. the view that all private property is erty values and because minorities have less The Chair recognizes the gentleman now vulnerable to condemnation as political clout and are less able to fight back.’’ from North Carolina. My amendment seeks to clarify that, in rede- Mr. WATT. Mr. Chairman, I yield long as the new use of the land will fining the boundaries of the federal govern- myself 1 minute. produce additional tax revenue. While I ment’s Taking power, unfair practices will not First of all, I am fully aware that it appreciate that concern and share the be tolerated and that the rights of property is a dangerous combination to be op- view that private property should not owners will be given the highest regard. posing both the chairman of the full be taken solely for the purpose of in- Mr. Chairman, I ask that my colleagues sup- Judiciary Committee and the gentle- creasing State coffers or local coffers port this amendment. woman from California (Ms. WATERS), with additional tax revenue, I do not Mr. Chairman, I yield such time as but I simply think this bill is an over- believe that the Court’s decision leads she may consume to the distinguished reaction. to that result. gentlewoman from California (Ms. WA- This amendment would strike all the What is even more important is I do TERS). provisions of the bill except the sense not believe that this bill does much, if Ms. WATERS. Mr. Chairman, I would of Congress which I believe adequately anything, to address that concern even first like to thank Chairman SENSEN- conveys the legitimate concerns with if it did do that. Unless we get down to BRENNER for accepting the gentle- the decision of the Supreme Court in a definition of what removal of blight woman’s amendment, and I would like Kelo and does what we should appro- is, and this bill does nothing to do to thank her for this very timely priately do, express our concern about that, local communities are still going amendment. it and any possible abuse of it but not to be able to condemn property, as While we began to work on this sim- go so overboard as this bill does in my they should, for public purposes. There ply because of the Supreme Court deci- opinion. really is nothing inconsistent with sion and the danger that American Mr. Chairman, I reserve the balance that in the Kelo decision. citizens’ homes and lands were placed of my time. Flexibility by local communities in in with this decision, the gentlewoman Mr. SENSENBRENNER. Mr. Chair- determining whether the public use re- is absolutely right: We have to take an- man, I yield myself 15 seconds. quirement has been served by ensuring other step to protect those victims of The amendment guts the bill by that condemned property creates a Katrina. striking out every provision of it ex- public benefit or advantage has long There has been a lot of discussion cept the sense of Congress and the re- existed, and I believe should continue from homeowners and others who are port requirement. If we are for the bill, to exist, as the gentleman from Oregon observing what is going on and what we ought to vote against the amend- (Mr. BLUMENAUER) has so eloquently could possibly happen, wondering if ment. stated. I feel like State and local offi- there are not schemes already going on Mr. Chairman, I reserve the balance cials have as much intellect and discre- that would deny these homeowners of my time. tion and are as accountable, probably who have lost their homes the ability Mr. WATT. Mr. Chairman, I yield 1 even more so, to their constituents to hold on to that land, whether or not minute to the gentleman from Oregon than Members of Congress; and they the speculators are cooking up schemes (Mr. BLUMENAUER). should be answering to their constitu- Mr. BLUMENAUER. Mr. Chairman, with those in local government even. ents on these issues. So this amendment would protect the we can all agree that Federal powers Again, while I believe that the power victims of Katrina, and they will be should not be used to enrich the power- of eminent domain must be exercised ful and the wealthy, but the first re- very grateful for this, and they will be judiciously, I think this bill goes too sponse to Kelo should be from respon- very, very thankful that the gentle- far in limiting the power of States and sible local and State governments, not woman provided the leadership in local governments. In addition, the pu- the United States Congress. One nar- thinking about them as this legislation nitive measures included in the bill row Supreme Court decision should not was winding its way through the gov- will visit additional harms on the very be the basis for an overbroad Federal ernment of the United States of Amer- distressed communities that are often amendment that will have many unin- ica. the target of eminent domain pro- Ms. JACKSON-LEE of Texas. Mr. tended consequences. Earlier I asked what would be the im- ceedings. Chairman, I ask my colleagues to sup- pact if this legislation had been passed I would just point out that appar- port this amendment, and it lays fur- for the revitalization of Times Square, ently after this bill is passed, if it is ther precedent for the victims of Hurri- where eminent domain transformed passed, a local government, a State canes Rita and Wilma. I thank the one of the most notorious places in government could still condemn blight- chairman for accepting it, and I yield America or the Dudley Street neigh- ed property. The problem now is that it back my time. borhood initiative in the Roxbury Dor- would just have to sit there vacant The Acting CHAIRMAN. The ques- chester area in Boston or just outside with nothing developed on it, otherwise tion is on the amendment offered by our window where we have had Penn- they would be in violation of the provi- the gentlewoman from Texas (Ms. sylvania Avenue restored using emi- sions of this bill if there were any kind JACKSON-LEE). nent domain. of private development, even a public- The amendment was agreed to. private partnership. AMENDMENT NO. 11 OFFERED BY MR. WATT b 1645 So I think we are going too far and Mr. WATT. Mr. Chairman, I offer an I would strongly suggest that the we need to take a giant step back, take amendment. gentleman from North Carolina’s ap- a deep breath, and pass the sense of

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9601 Congress part of this resolution ex- versus the national level or who is Markey Olver Schwartz (PA) pressing our concern, but not the bill. more dedicated. I am dealing with a Matsui Owens Scott (VA) McCollum (MN) Pastor Serrano Mr. SENSENBRENNER. Mr. Chair- Supreme Court case that has forced us McDermott Payne Slaughter man, I yield the balance of my time to into this action. This measure would McKinney Pelosi Solis the gentleman from Michigan (Mr. not have been here if the Supreme Meeks (NY) Rangel Thompson (CA) Miller (NC) Rothman CONYERS), the ranking member of the Court had not given us one of the most Towns Miller, George Ryan (OH) Watt Judiciary Committee. Moran (VA) Sabo shocking rulings that just came out Weiner Mr. CONYERS. Mr. Chairman, I Nadler Sa´ nchez, Linda this year. So I urge that not only my Woolsey thank the chairman of the committee Neal (MA) T. friend from North Carolina’s amend- Oberstar Schakowsky for yielding me this time. ment be rejected but that this bill be This is an unusual note to end the de- supported on final passage. NOES—355 bate on a very important subject like The Acting CHAIRMAN (Mr. SIMP- Akin Dent Johnson, E. B. this, because the last amendment from Alexander Diaz-Balart, L. Johnson, Sam SON). The question is on the amend- Allen Diaz-Balart, M. Jones (NC) my friend from North Carolina is to ment offered by the gentleman from strike everything in the bill except the Andrews Doggett Jones (OH) North Carolina (Mr. WATT). Baca Doolittle Keller sense of Congress provisions expressing The question was taken; and the Act- Bachus Doyle Kelly support for property rights. Well, that Baird Drake Kennedy (MN) ing Chairman announced that the noes is a vote on the bill. Why do we not Baker Dreier Kilpatrick (MI) appeared to have it. Baldwin Duncan Kind just have a vote on final passage and Mr. WATT. Mr. Chairman, I demand Barrett (SC) Edwards King (IA) skip this? Because that is what this is. Barrow Ehlers King (NY) And I would like to emphasize the a recorded vote, and pending that, I Bartlett (MD) Emerson Kingston fact that the people, the citizens, are in make the point of order that a quorum Barton (TX) English (PA) Kirk is not present. Bass Eshoo Kline support of this amendment. I am proud Bean Etheridge Knollenberg that we have the civil rights organiza- The Acting CHAIRMAN. Pursuant to Beauprez Evans Kolbe tions supporting me and not my friend clause 6 of rule XVIII, further pro- Becerra Everett Kucinich from North Carolina. The NAACP is ceedings on the amendment offered by Berkley Feeney Kuhl (NY) the gentleman from North Carolina Berman Ferguson LaHood not known to take issues against the Berry Filner Langevin majority of ordinary people. That is will be postponed. Biggert Fitzpatrick (PA) Lantos what it was founded on. We support the The point of no quorum is considered Bilirakis Flake Larsen (WA) withdrawn. Bishop (GA) Foley Latham NAACP in everything. Here is the Bishop (UT) Forbes LaTourette thing. Here is the point. The NAACP SEQUENTIAL VOTES POSTPONED IN COMMITTEE Blackburn Ford Leach says, support this bill, and my friend OF THE WHOLE Blunt Fortenberry Lee and I, who support the NAACP, tells The Acting CHAIRMAN. Pursuant to Boehlert Fossella Lewis (CA) Boehner Foxx Lewis (KY) me, let us have a vote before final pas- clause 6 of rule XVIII, proceedings will Bonilla Frank (MA) Linder sage that strikes every blooming thing now resume on those amendments on Bonner Franks (AZ) Lipinski from the bill. which further proceedings were post- Bono Frelinghuysen LoBiondo Mr. WATT. Mr. Chairman, will the Boozman Gallegly Lofgren, Zoe poned, in the following order: Boren Garrett (NJ) Lucas gentleman yield? Amendment No. 2 by Mr. NADLER of Boucher Gerlach Lungren, Daniel Mr. CONYERS. I yield briefly to my New York. Boustany Gibbons E. Bradley (NH) Gilchrest Lynch friend from North Carolina, contrary Amendment No. 5 by Mr. MORAN of Brady (PA) Gillmor Mack to my best instincts. Virginia. Mr. WATT. I just want to clarify for Brady (TX) Gingrey Manzullo Amendment No. 6 by Mr. TURNER of Brown (SC) Gohmert Marchant the gentleman that the NAACP has ad- Ohio. Burgess Gonzalez Marshall vised me that they are concerned about Burton (IN) Goode Matheson Amendment No. 11 by Mr. WATT of the abuse of eminent domain, as every- Butterfield Goodlatte McCarthy North Carolina. Calvert Gordon McCaul (TX) body else is, and the sense of Congress The Chair will reduce to 5 minutes Camp Granger McCotter part of the resolution would continue Cannon Graves McCrery to express that concern. They do not the time for any electronic vote after Cantor Green (WI) McGovern endorse the bill, however. the first vote in this series. Capito Green, Al McHenry Capps Green, Gene McHugh AMENDMENT NO. 2 OFFERED BY MR. NADLER Mr. CONYERS. Mr. Chairman, re- Cardin Grijalva McIntyre claiming my time, I thank the gen- The Acting CHAIRMAN. The pending Cardoza Gutierrez McKeon tleman, but this is an unusual division. business is the demand for a recorded Carnahan Gutknecht McNulty Here I am supporting many of my vote on the amendment offered by the Carson Hall Meehan Carter Harman Meek (FL) friends on the other side of the aisle, gentleman from New York (Mr. NAD- Castle Harris Melancon but we have this unusual division here. LER) on which further proceedings were Chabot Hart Menendez What I am saying is that the concept of postponed and on which the noes pre- Chandler Hastings (WA) Mica not using private takings for private Chocola Hayes Michaud vailed by voice vote. Clay Hayworth Millender- use should not be allowed. We know The Clerk will redesignate the Clyburn Hefley McDonald that casinos benefit from these amendment. Coble Hensarling Miller (FL) takings. We know that hotels and pri- Cole (OK) Herger Miller (MI) The Clerk redesignated the amend- Conaway Herseth Miller, Gary vate developments benefit. And all I ment. Conyers Higgins Mollohan am saying, and I thought that every- RECORDED VOTE Cooper Hinojosa Moore (KS) Costa Hobson Moore (WI) body would mostly agree with this in The Acting CHAIRMAN. A recorded the Congress, is that that is wrong. Costello Hoekstra Moran (KS) vote has been demanded. Cramer Holden Murphy That is a misuse. That is an abuse. A recorded vote was ordered. Crenshaw Honda Murtha So let us be careful. Let us control Crowley Hostettler Musgrave The vote was taken by electronic de- this. Let us not overdo it, but let us Cubin Hulshof Myrick vice, and there were—ayes 63, noes 355, support the measure of 4128, which Cuellar Hunter Napolitano not voting 15, as follows: Culberson Hyde Neugebauer tries to finally answer what happened Cummings Inglis (SC) Ney to us in Detroit. Our experience was [Roll No. 564] Cunningham Inslee Northup that we had thousands of residences, AYES—63 Davis (AL) Israel Nunes Davis (CA) Issa Nussle Abercrombie DeGette Hooley businesses, and churches that were Davis (IL) Istook Obey Ackerman Delahunt Hoyer taken to develop an automobile plant. Davis (KY) Jackson (IL) Osborne Aderholt Dicks Kanjorski Davis (TN) Jackson-Lee Otter That is not what my idea of an emi- Bishop (NY) Dingell Kaptur Davis, Jo Ann (TX) Oxley Blumenauer Emanuel Kennedy (RI) nent domain should be about. That is Davis, Tom Jefferson Pallone Brown (OH) Engel Kildee all we are saying here. It is not that Deal (GA) Jenkins Pascrell Brown, Corrine Farr Larson (CT) DeFazio Jindal Paul complicated. Capuano Fattah Levin DeLauro Johnson (CT) Pearce Now, I am not pitting somebody’s in- Case Hinchey Lowey DeLay Johnson (IL) Pence tellectual abilities at the local level Cleaver Holt Maloney

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9602 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Peterson (MN) Sanders Thomas [Roll No. 565] Meek (FL) Putnam Spratt Peterson (PA) Saxton Thompson (MS) Meeks (NY) Radanovich Stark Petri Schmidt Thornberry AYES—49 Melancon Rahall Stearns Pickering Schwarz (MI) Tiberi Baird Jefferson Rangel Menendez Ramstad Strickland Pitts Scott (GA) Tierney Blumenauer Kanjorski Rothman Mica Regula Stupak Platts Sensenbrenner Turner Brady (PA) Kennedy (RI) Sabo Michaud Rehberg Sweeney Poe Sessions Millender- Reichert Udall (CO) Capuano Larson (CT) Schakowsky Tancredo Pomeroy Shadegg McDonald Renzi Udall (NM) Carson Levin Schwartz (PA) Tanner Porter Shaw Miller (FL) Reyes Upton Case Lowey Scott (VA) Tauscher Price (GA) Shays Miller (MI) Reynolds Van Hollen Cleaver Markey Taylor (MS) Price (NC) Sherman Shays Miller, Gary Rogers (AL) Vela´ zquez DeGette McGovern Sherman Taylor (NC) Pryce (OH) Sherwood Visclosky Delahunt Miller (NC) Miller, George Rogers (KY) Putnam Shimkus Slaughter Terry Walden (OR) Dingell Moran (VA) Mollohan Rogers (MI) Radanovich Shuster Smith (WA) Moore (KS) Rohrabacher Thomas Walsh Emanuel Murtha Rahall Simmons Watt Moore (WI) Ros-Lehtinen Thompson (CA) Wamp Engel Nadler Ramstad Simpson Waxman Moran (KS) Ross Thompson (MS) Wasserman Fattah Neal (MA) Regula Skelton Weiner Murphy Royce Thornberry Schultz Hinchey Olver Rehberg Smith (NJ) Woolsey Musgrave Ruppersberger Tiberi Waters Holt Payne Reichert Smith (TX) Wynn Myrick Rush Tierney Watson Hooley Pelosi Renzi Smith (WA) Jackson (IL) Price (NC) Napolitano Ryan (OH) Towns Reyes Snyder Waxman Neugebauer Ryan (WI) Turner Weldon (FL) Reynolds Sodrel NOES—368 Ney Ryun (KS) Udall (CO) Rogers (AL) Souder Weldon (PA) Northup Salazar Udall (NM) Rogers (KY) Spratt Weller Abercrombie Davis (AL) Hoekstra Nunes Sa´ nchez, Linda Upton Rogers (MI) Stark Westmoreland Ackerman Davis (CA) Holden Nussle T. Van Hollen Aderholt Davis (IL) Honda Rohrabacher Stearns Wexler Oberstar Sanchez, Loretta Vela´ zquez Akin Davis (KY) Hostettler Ros-Lehtinen Strickland Whitfield Obey Sanders Visclosky Wicker Alexander Davis (TN) Hoyer Ross Stupak Osborne Saxton Walden (OR) Wilson (NM) Allen Davis, Jo Ann Hulshof Royce Sweeney Otter Schmidt Walsh Wilson (SC) Andrews Davis, Tom Hunter Ruppersberger Tancredo Owens Schwarz (MI) Wamp Wolf Baca Deal (GA) Hyde Rush Tanner Oxley Scott (GA) Wasserman Wu Bachus DeFazio Inglis (SC) Ryan (WI) Tauscher Pallone Sensenbrenner Schultz Wynn Baker DeLauro Inslee Ryun (KS) Taylor (MS) Pascrell Serrano Waters Salazar Taylor (NC) Young (AK) Baldwin DeLay Israel Pastor Sessions Watson Sanchez, Loretta Terry Young (FL) Barrett (SC) Dent Issa Paul Shadegg Weldon (FL) Barrow Diaz-Balart, L. Istook Pearce Shaw Weldon (PA) NOT VOTING—15 Bartlett (MD) Diaz-Balart, M. Jackson-Lee Pence Sherwood Weller Boswell Hastings (FL) Roybal-Allard Barton (TX) Dicks (TX) Peterson (MN) Shimkus Bass Doggett Jenkins Westmoreland Boyd Lewis (GA) Schiff Peterson (PA) Shuster Bean Doolittle Jindal Wexler Brown-Waite, McMorris Sullivan Petri Simmons Beauprez Doyle Johnson (CT) Whitfield Ginny Norwood Tiahrt Pickering Simpson Buyer Ortiz Becerra Drake Johnson (IL) Pitts Skelton Wicker Davis (FL) Pombo Berkley Dreier Johnson, E. B. Platts Smith (NJ) Wilson (NM) Berman Duncan Johnson, Sam Poe Smith (TX) Wilson (SC) Berry Edwards Jones (NC) Pomeroy Snyder Wolf b 1723 Biggert Ehlers Jones (OH) Porter Sodrel Wu Bilirakis Emerson Kaptur Price (GA) Solis Young (AK) Messrs. GRIJALVA, AL GREEN of Bishop (GA) English (PA) Keller Pryce (OH) Souder Young (FL) Texas, BONILLA, CARDOZA, SKEL- Bishop (NY) Eshoo Kelly TON, WYNN, RYUN of Kansas, WAX- Bishop (UT) Etheridge Kennedy (MN) NOT VOTING—16 Blackburn Evans Kildee Boswell Feeney Pombo MAN, BECERRA, Ms. LORETTA Blunt Everett Kilpatrick (MI) Boyd Hastings (FL) Roybal-Allard SANCHEZ of California, and Ms. Boehlert Farr Kind Brown-Waite, Lewis (GA) Schiff VELA´ ZQUEZ changed their vote from Boehner Ferguson King (IA) Ginny McMorris Bonilla Filner King (NY) Sullivan ‘‘aye’’ to ‘‘no.’’ Buyer Norwood Tiahrt Bonner Fitzpatrick (PA) Kingston Davis (FL) Ortiz Ms. SCHWARTZ of Pennsylvania and Bono Flake Kirk Mr. ABERCROMBIE changed their vote Boozman Foley Kline b 1734 from ‘‘no’’ to ‘‘aye.’’ Boren Forbes Knollenberg Boucher Ford Kolbe Mr. BAIRD and Mr. ENGEL changed So the amendment was rejected. Boustany Fortenberry Kucinich their vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Bradley (NH) Fossella Kuhl (NY) So the amendment was rejected. as above recorded. Brady (TX) Foxx LaHood Brown (OH) Frank (MA) Langevin The result of the vote was announced PERSONAL EXPLANATION Brown (SC) Franks (AZ) Lantos as above recorded. Mr. ADERHOLT. Mr. Chairman, on rollcall Brown, Corrine Frelinghuysen Larsen (WA) AMENDMENT NO. 6 OFFERED BY MR. TURNER No. 564. I inadvertently voted ‘‘aye.’’ I would Burgess Gallegly Latham Burton (IN) Garrett (NJ) LaTourette The Acting CHAIRMAN (Mr. DAVIS of like the record to reflect that I meant to vote Butterfield Gerlach Leach Kentucky). The pending business is the ‘‘no.’’ Calvert Gibbons Lee Camp Gilchrest Lewis (CA) demand for a recorded vote on the AMENDMENT NO. 5 OFFERED BY MR. MORAN OF Cannon Gillmor Lewis (KY) amendment offered by the gentleman VIRGINIA Cantor Gingrey Linder from Ohio (Mr. TURNER) on which fur- The Acting CHAIRMAN (Mr. DAVIS of Capito Gohmert Lipinski Capps Gonzalez LoBiondo ther proceedings were postponed and Kentucky). The pending business is the on which the noes prevailed by voice demand for a recorded vote on the Cardin Goode Lofgren, Zoe Cardoza Goodlatte Lucas vote. amendment offered by the gentleman Carnahan Gordon Lungren, Daniel The Clerk will redesignate the Carter Granger E. from Virginia (Mr. MORAN) on which amendment. further proceedings were postponed and Castle Graves Lynch Chabot Green (WI) Mack The Clerk redesignated the amend- on which the noes prevailed by voice Chandler Green, Al Maloney ment. vote. Chocola Green, Gene Manzullo The Clerk will redesignate the Clay Grijalva Marchant RECORDED VOTE amendment. Clyburn Gutierrez Marshall The Acting CHAIRMAN. A recorded Coble Gutknecht Matheson vote has been demanded. The Clerk redesignated the amend- Cole (OK) Hall Matsui ment. Conaway Harman McCarthy A recorded vote was ordered. Conyers Harris McCaul (TX) The Acting CHAIRMAN. This will be RECORDED VOTE Cooper Hart McCollum (MN) a 5-minute vote. The Acting CHAIRMAN. A recorded Costa Hastings (WA) McCotter Costello Hayes McCrery The vote was taken by electronic de- vote has been demanded. vice, and there were—ayes 56, noes 357, A recorded vote was ordered. Cramer Hayworth McDermott Crenshaw Hefley McHenry not voting 20, as follows: The Acting CHAIRMAN. This will be Crowley Hensarling McHugh [Roll No. 566] a 5-minute vote. Cubin Herger McIntyre The vote was taken by electronic de- Cuellar Herseth McKeon AYES—56 Culberson Higgins McKinney vice, and there were—ayes 49, noes 368, Baker Bishop (GA) Blunt Cummings Hinojosa McNulty Beauprez Blumenauer Boehlert not voting 16, as follows: Cunningham Hobson Meehan

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9603 Capuano Kanjorski Regula Napolitano Rogers (MI) Spratt Matsui Pastor Scott (VA) Case Kelly Rothman Neugebauer Rohrabacher Stark McDermott Payne Slaughter Chabot Kennedy (RI) Sanchez, Loretta Ney Ros-Lehtinen Stearns Miller (NC) Pelosi Stark Chocola Langevin Schmidt Northup Ross Strickland Miller, George Rangel Visclosky Davis, Jo Ann Larson (CT) Souder Nunes Royce Stupak Moran (VA) Rothman Watt Davis, Tom LaTourette Sweeney Nussle Ruppersberger Tancredo Nadler Sabo Waxman DeGette McDermott Tiberi Oberstar Rush Tanner Neal (MA) Schakowsky Wynn Delahunt McGovern Tierney Obey Ryan (OH) Tauscher Olver Schwartz (PA) Olver Ryan (WI) Ehlers Miller (MI) Turner Taylor (MS) Eshoo Miller (NC) Osborne Ryun (KS) NOES—371 Udall (CO) Taylor (NC) Farr Miller, George Otter Sabo Abercrombie Watson Terry Diaz-Balart, M. Jones (NC) Fortenberry Moran (VA) Owens Salazar Aderholt Dicks Jones (OH) Weller Thomas Gerlach Neal (MA) Pallone Sa´ nchez, Linda Akin Doggett Kaptur Wicker Thompson (CA) Granger Oxley Pastor T. Alexander Doolittle Keller Woolsey Thompson (MS) Green, Gene Pascrell Paul Sanders Thornberry Allen Doyle Kelly Wynn Payne Saxton Hobson Pickering Towns Andrews Drake Kennedy (MN) Young (FL) Pearce Schakowsky Jackson (IL) Pryce (OH) Udall (NM) Baca Dreier Kennedy (RI) Pelosi Schwartz (PA) Upton Bachus Duncan Kildee Pence Schwarz (MI) NOES—357 Van Hollen Baird Edwards Kilpatrick (MI) Peterson (MN) Scott (GA) Baker Ehlers Kind Abercrombie DeLay Jenkins Vela´ zquez Peterson (PA) Scott (VA) Baldwin Emerson King (IA) Ackerman Dent Jindal Visclosky Petri Sensenbrenner Barrett (SC) Engel King (NY) Aderholt Diaz-Balart, L. Johnson (CT) Walden (OR) Pitts Serrano Barrow English (PA) Kingston Akin Diaz-Balart, M. Johnson (IL) Walsh Platts Sessions Bartlett (MD) Eshoo Kirk Alexander Dicks Johnson, E. B. Wamp Poe Shadegg Barton (TX) Etheridge Kline Allen Doggett Johnson, Sam Wasserman Pomeroy Shaw Bass Evans Knollenberg Andrews Doolittle Jones (NC) Schultz Porter Shays Bean Everett Kolbe Baca Doyle Jones (OH) Price (GA) Sherman Waters Beauprez Farr Kucinich Bachus Drake Kaptur Price (NC) Sherwood Watt Becerra Feeney Kuhl (NY) Baird Dreier Keller Putnam Shimkus Waxman Berkley Ferguson LaHood Baldwin Duncan Kennedy (MN) Radanovich Shuster Weiner Berman Filner Langevin Barrett (SC) Edwards Kildee Rahall Simmons Weldon (FL) Berry Fitzpatrick (PA) Lantos Barrow Emanuel Kilpatrick (MI) Ramstad Simpson Weldon (PA) Biggert Flake Larsen (WA) Bartlett (MD) Emerson Kind Rangel Skelton Westmoreland Bilirakis Foley Latham Barton (TX) Engel King (IA) Rehberg Slaughter Wexler Bishop (GA) Forbes LaTourette Bass English (PA) King (NY) Reichert Smith (NJ) Whitfield Bishop (NY) Ford Leach Bean Etheridge Kingston Renzi Smith (TX) Wilson (NM) Bishop (UT) Fortenberry Lee Becerra Evans Kirk Reyes Smith (WA) Wilson (SC) Blackburn Fossella Lewis (CA) Berkley Everett Kline Reynolds Snyder Wolf Blunt Foxx Lewis (KY) Berman Fattah Knollenberg Rogers (AL) Sodrel Wu Boehlert Frank (MA) Linder Berry Feeney Kolbe Rogers (KY) Solis Young (AK) Boehner Franks (AZ) Lipinski Biggert Ferguson Kucinich Bonilla Frelinghuysen LoBiondo Bilirakis Filner Kuhl (NY) NOT VOTING—20 Bonner Gallegly Lucas Bishop (NY) Fitzpatrick (PA) LaHood Bishop (UT) Davis (FL) Norwood Bono Garrett (NJ) Lungren, Daniel Blackburn Flake Lantos Boswell Dingell Ortiz Boozman Gerlach E. Boehner Foley Larsen (WA) Boyd Green, Al Pombo Boren Gibbons Lynch Bonilla Forbes Latham Brady (TX) Hastings (FL) Roybal-Allard Boucher Gilchrest Mack Bonner Ford Leach Brown-Waite, Hunter Schiff Boustany Gillmor Maloney Bono Fossella Lee Ginny Lewis (GA) Sullivan Bradley (NH) Gingrey Manzullo Boozman Foxx Levin Buyer McMorris Tiahrt Brady (TX) Gohmert Marchant Boren Frank (MA) Lewis (CA) Brown (OH) Gonzalez Marshall Boucher Franks (AZ) Lewis (KY) Brown (SC) Goode Matheson Boustany Frelinghuysen Linder b 1742 Brown, Corrine Goodlatte McCarthy Bradley (NH) Gallegly Lipinski So the amendment was rejected. Burgess Gordon McCaul (TX) Brady (PA) Garrett (NJ) LoBiondo Burton (IN) Granger McCollum (MN) Brown (OH) Gibbons Lofgren, Zoe The result of the vote was announced Butterfield Graves McCotter Brown (SC) Gilchrest Lowey as above recorded. Calvert Green (WI) McCrery Brown, Corrine Gillmor Lucas Stated against: Camp Green, Al McGovern Burgess Gingrey Lungren, Daniel Cannon Green, Gene McHenry Burton (IN) Gohmert E. Mr. GREEN of Texas. Mr. Chairman, on roll- Cantor Grijalva McHugh Butterfield Gonzalez Lynch call No. 566, I was detained. Had I been Capito Gutierrez McIntyre Calvert Goode Mack present, I would have voted ‘‘no.’’ Capps Gutknecht McKeon Camp Goodlatte Maloney Cardin Hall McKinney Cannon Gordon Manzullo AMENDMENT NO. 11 OFFERED BY MR. WATT Cardoza Harman McNulty Cantor Graves Marchant The Acting CHAIRMAN. The pending Carnahan Hart Meehan Capito Green (WI) Markey business is the demand for a recorded Carter Hastings (WA) Meek (FL) Capps Grijalva Marshall Castle Hayes Meeks (NY) Cardin Gutierrez Matheson vote on the amendment offered by the Chabot Hayworth Melancon Cardoza Gutknecht Matsui gentleman from North Carolina (Mr. Chandler Hefley Menendez Carnahan Hall McCarthy WATT) on which further proceedings Chocola Hensarling Mica Carson Harman McCaul (TX) were postponed and on which the noes Clyburn Herger Michaud Carter Harris McCollum (MN) Coble Herseth Millender- Castle Hart McCotter prevailed by voice vote. Cole (OK) Higgins McDonald Chandler Hastings (WA) McCrery The Clerk will redesignate the Conaway Hinojosa Miller (FL) Clay Hayes McHenry amendment. Conyers Hobson Miller (MI) Cleaver Hayworth McHugh Cooper Hoekstra Miller, Gary Clyburn Hefley McIntyre The Clerk redesignated the amend- Costa Holden Mollohan Coble Hensarling McKeon ment. Costello Holt Moore (KS) Cole (OK) Herger McKinney RECORDED VOTE Cramer Honda Moore (WI) Conaway Herseth McNulty Crenshaw Hooley Moran (KS) Conyers Higgins Meehan The Acting CHAIRMAN. A recorded Crowley Hostettler Murphy Cooper Hinchey Meek (FL) vote has been demanded. Cubin Hoyer Murtha Costa Hinojosa Meeks (NY) A recorded vote was ordered. Cuellar Hulshof Musgrave Costello Hoekstra Melancon Culberson Hunter Myrick Cramer Holden Menendez The Acting CHAIRMAN. This will be Cummings Hyde Napolitano Crenshaw Holt Mica a 5-minute vote. Cunningham Inglis (SC) Neugebauer Crowley Honda Michaud The vote was taken by electronic de- Davis (AL) Inslee Ney Cubin Hooley Millender- vice, and there were—ayes 44, noes 371, Davis (CA) Israel Northup Cuellar Hostettler McDonald Davis (IL) Issa Nunes Culberson Hoyer Miller (FL) not voting 18, as follows: Davis (KY) Istook Nussle Cummings Hulshof Miller, Gary [Roll No. 567] Davis (TN) Jackson-Lee Oberstar Cunningham Hyde Mollohan Davis, Jo Ann (TX) Obey Davis (AL) Inglis (SC) Moore (KS) AYES—44 Davis, Tom Jefferson Osborne Davis (CA) Inslee Moore (WI) Ackerman Cleaver Jackson (IL) Deal (GA) Jenkins Otter Davis (IL) Israel Moran (KS) Blumenauer DeGette Kanjorski DeFazio Jindal Owens Davis (KY) Issa Murphy Brady (PA) Delahunt Larson (CT) DeLauro Johnson (CT) Oxley Davis (TN) Istook Murtha Capuano Dingell Levin DeLay Johnson (IL) Pallone Deal (GA) Jackson-Lee Musgrave Carson Emanuel Lofgren, Zoe Dent Johnson, E. B. Pascrell DeFazio (TX) Myrick Case Fattah Lowey Diaz-Balart, L. Johnson, Sam Paul DeLauro Jefferson Nadler Clay Hinchey Markey

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9604 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Pearce Sa´ nchez, Linda Thomas The SPEAKER pro tempore. The Miller, Gary Rehberg Solis Pence T. Thompson (CA) question is on the passage of the bill. Mollohan Reichert Souder Peterson (MN) Sanders Thompson (MS) Moore (KS) Renzi Spratt Peterson (PA) Schmidt Thornberry The question was taken; and the Moore (WI) Reyes Stearns Petri Schwarz (MI) Tiberi Speaker pro tempore announced that Moran (KS) Reynolds Strickland Pickering Scott (GA) Tierney the ayes appeared to have it. Murphy Rogers (AL) Stupak Pitts Sensenbrenner Murtha Rogers (KY) Sweeney Towns Mr. SENSENBRENNER. Mr. Speak- Platts Serrano Turner Musgrave Rogers (MI) Tancredo Poe Sessions Myrick Rohrabacher Tanner Udall (CO) er, on that I demand the yeas and nays. Pomeroy Shadegg Napolitano Ros-Lehtinen Tauscher Udall (NM) The yeas and nays were ordered. Porter Shaw Neugebauer Ross Taylor (MS) Upton Price (GA) Shays The vote was taken by electronic de- Ney Royce Taylor (NC) Price (NC) Sherman Van Hollen vice, and there were—yeas 376, nays 38, Northup Ruppersberger Terry ´ Pryce (OH) Sherwood Velazquez not voting 19, as follows: Nunes Rush Thomas Putnam Shimkus Walden (OR) Nussle Ryan (OH) Thompson (CA) Radanovich Shuster Walsh [Roll No. 568] Oberstar Ryan (WI) Thompson (MS) Rahall Simmons Wamp YEAS—376 Obey Ryun (KS) Thornberry Ramstad Simpson Wasserman Osborne Salazar Tiberi Regula Skelton Schultz Abercrombie Deal (GA) Inglis (SC) Otter Sa´ nchez, Linda Tierney Rehberg Smith (NJ) Waters Aderholt DeFazio Inslee Owens T. Towns Reichert Smith (TX) Watson Akin Delahunt Israel Oxley Sanchez, Loretta Udall (CO) Alexander Renzi Smith (WA) Weiner DeLauro Issa Pallone Sanders Udall (NM) Allen DeLay Istook Reyes Snyder Weldon (FL) Pascrell Saxton Upton Andrews Dent Jackson-Lee Reynolds Sodrel Weldon (PA) Paul Schmidt Van Hollen Rogers (AL) Solis Baca Diaz-Balart, L. (TX) Payne Schwarz (MI) Vela´ zquez Weller Baird Diaz-Balart, M. Jefferson Rogers (KY) Souder Westmoreland Pearce Scott (GA) Walden (OR) Rogers (MI) Baker Dicks Jenkins Spratt Wexler Pence Sensenbrenner Walsh Rohrabacher Stearns Baldwin Doggett Jindal Peterson (MN) Serrano Wamp Whitfield Ros-Lehtinen Strickland Barrett (SC) Doolittle Johnson (CT) Peterson (PA) Sessions Wasserman Wicker Ross Stupak Barrow Doyle Johnson (IL) Petri Shadegg Schultz Royce Sweeney Wilson (NM) Bartlett (MD) Drake Johnson, E. B. Pickering Shaw Waters Ruppersberger Tancredo Wilson (SC) Barton (TX) Dreier Johnson, Sam Pitts Shays Watson Rush Tanner Wolf Bass Duncan Jones (NC) Platts Sherman Weiner Ryan (OH) Tauscher Woolsey Bean Edwards Jones (OH) Poe Sherwood Weldon (FL) Ryan (WI) Taylor (MS) Wu Beauprez Emerson Kanjorski Pomeroy Shimkus Weldon (PA) Ryun (KS) Taylor (NC) Young (AK) Becerra Engel Kaptur Porter Shuster Weller Salazar Terry Young (FL) Berkley English (PA) Keller Price (GA) Simmons Westmoreland Berman Eshoo Kelly Price (NC) Simpson Wexler NOT VOTING—18 Berry Etheridge Kennedy (MN) Pryce (OH) Skelton Whitfield Boswell Hastings (FL) Sanchez, Loretta Biggert Evans Kennedy (RI) Putnam Slaughter Wicker Boyd Lewis (GA) Saxton Bilirakis Everett Kildee Radanovich Smith (NJ) Wilson (NM) Brown-Waite, McMorris Schiff Bishop (GA) Farr Kilpatrick (MI) Rahall Smith (TX) Wilson (SC) Bishop (NY) Feeney Kind Ginny Norwood Sullivan Ramstad Smith (WA) Wu Bishop (UT) Ferguson King (IA) Buyer Ortiz Tiahrt Rangel Snyder Young (AK) Davis (FL) Pombo Blackburn Filner King (NY) Regula Sodrel Young (FL) Harris Roybal-Allard Blunt Fitzpatrick (PA) Kingston Boehner Flake Kirk NAYS—38 b 1750 Bonilla Foley Kline Ackerman Larson (CT) Rothman Bonner Forbes Knollenberg Blumenauer Levin Sabo So the amendment was rejected. Bono Ford Kolbe Boehlert Lowey Schakowsky The result of the vote was announced Boozman Fortenberry Kucinich Brady (PA) McDermott Schwartz (PA) as above recorded. Boren Fossella Kuhl (NY) Capuano Meeks (NY) Boustany Foxx LaHood Scott (VA) The Acting CHAIRMAN (Mr. DAVIS of Case Miller (NC) Stark Bradley (NH) Frank (MA) Langevin Cleaver Miller, George Kentucky). The question is on the com- Brady (TX) Franks (AZ) Lantos Turner mittee amendment in the nature of a DeGette Moran (VA) Visclosky Brown (OH) Frelinghuysen Larsen (WA) Dingell Nadler Watt substitute, as amended. Brown (SC) Gallegly Latham Emanuel Neal (MA) Waxman The committee amendment in the Brown, Corrine Garrett (NJ) LaTourette Fattah Olver Woolsey nature of a substitute, as amended, was Burgess Gerlach Leach Hinchey Pastor Burton (IN) Gibbons Lee Jackson (IL) Pelosi Wynn agreed to. Butterfield Gilchrest Lewis (CA) The Acting CHAIRMAN. Under the Calvert Gillmor Lewis (KY) NOT VOTING—19 Camp Gingrey Linder rule, the Committee rises. Bachus Davis (FL) Pombo Cannon Gohmert Lipinski Boswell Ehlers Roybal-Allard Accordingly, the Committee rose; Cantor Gonzalez LoBiondo Boucher Hastings (FL) Schiff and the Speaker pro tempore (Mr. Capito Goode Lofgren, Zoe Boyd Lewis (GA) Capps Goodlatte Lucas Sullivan TERRY) having assumed the chair, Mr. Brown-Waite, McMorris Cardin Gordon Lungren, Daniel Tiahrt DAVIS of Kentucky, Acting Chairman Ginny Norwood Cardoza Granger E. Wolf Buyer Ortiz of the Committee of the Whole House Carnahan Graves Lynch on the State of the Union, reported Carson Green (WI) Mack ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that that Committee, having had under Carter Green, Al Maloney The SPEAKER pro tempore (Mr. Castle Green, Gene Manzullo consideration the bill (H.R. 4128) to Chabot Grijalva Marchant TERRY) (during the vote). Members are protect private property rights, pursu- Chandler Gutierrez Markey advised that 2 minutes remain in this ant to House Resolution 527, he re- Chocola Gutknecht Marshall vote. ported the bill back to the House with Clay Hall Matheson Clyburn Harman Matsui b 1808 an amendment adopted by the Com- Coble Harris McCarthy mittee of the Whole. Cole (OK) Hart McCaul (TX) Ms. WOOLSEY changed her vote The SPEAKER pro tempore. Under Conaway Hastings (WA) McCollum (MN) from ‘‘yea’’ to ‘‘nay.’’ the rule, the previous question is or- Conyers Hayes McCotter So the bill was passed. Cooper Hayworth McCrery The result of the vote was announced dered. Costa Hefley McGovern Is a separate vote demanded on any Costello Hensarling McHenry as above recorded. amendment to the committee amend- Cramer Herger McHugh A motion to reconsider was laid on ment in the nature of a substitute Crenshaw Herseth McIntyre the table. Crowley Higgins McKeon adopted by the Committee of the Cubin Hinojosa McKinney Stated for: Whole? If not, the question is on the Cuellar Hobson McNulty Mr. POMBO. Mr. Speaker, I was unable to amendment. Culberson Hoekstra Meehan make votes today on the House floor because The amendment was agreed to. Cummings Holden Meek (FL) of an untimely and unexpected need requiring Cunningham Holt Melancon The SPEAKER pro tempore. The Davis (AL) Honda Menendez me to be back home with my family in Cali- question is on the engrossment and Davis (CA) Hooley Mica fornia. I take my responsibility to vote very se- third reading of the bill. Davis (IL) Hostettler Michaud riously. The bill was ordered to be engrossed Davis (KY) Hoyer Millender- Had I been present, I would have voted Davis (TN) Hulshof McDonald and read a third time, and was read the Davis, Jo Ann Hunter Miller (FL) ‘‘yea’’ on H.R. 4128, the Private Property third time. Davis, Tom Hyde Miller (MI) Rights Protection Act of 2005.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9605 PERSONAL EXPLANATION for foreign operations, export financ- state in the rotunda of our nation’s Capitol. ing, and related programs for the fiscal Yet, today, the House leadership and this Mr. BACHUS. Mr. Speaker, I was unavoid- Committee dishonors all that she stood for ably detained during rollcall 568. Had I been year ending September 30, 2006, and for other purposes, which was referred to by cutting child support, by cutting 40,000 present I would have voted ‘‘yea.’’ children off of school lunch programs and by the House Calendar and ordered to be f robbing billions of dollars from student fi- printed. nancial aid and health care programs for PERSONAL EXPLANATION f low-income families. Mr. ORTIZ. Mr. Speaker, due to business in Rosa Parks didn’t just fight for a seat on a APPOINTMENT OF CONFEREES ON bus. She fought for fairness for every Amer- my district, I was unable to vote during the fol- H.R. 889, COAST GUARD AND ican and to see that every child has a chance lowing rollcall votes. Had I been present, I MARITIME TRANSPORTATION to reach his or her highest God-given poten- would have voted as indicated below. ACT OF 2005 tial. This bill is an attack upon those high Rollcall No. 564: ‘‘No.’’ The SPEAKER pro tempore. Without principles. Rollcall No. 565: ‘‘No.’’ The mean-spirited cuts in this bill will objection, the Chair appoints the fol- Rollcall No. 566: ‘‘No.’’ hurt decent, hard-working American fami- lowing conferees: Rollcall No. 567: ‘‘No.’’ lies who are doing their best to help their From the Committee on Transpor- Rollcall No. 568: ‘‘Yes.’’ children have a better life. And, why? So, tation and Infrastructure, for consider- that people making a million dollars a year f ation of the House bill and the Senate in dividend income can keep every penny of PERSONAL EXPLANATION amendment, and modifications com- their recently passed $220,000 annual tax mitted to conference: Messrs. YOUNG of break. Where is the fairness in that? Mr. TIAHRT. Mr. Speaker, on November 3, If this is compassionate conservatism, Alaska, LOBIONDO, COBLE, HOEKSTRA, I was unavoidably detained and missed rollcall where is the compassion? SIMMONS, MARIO DIAZ-BALART of Flor- vote Nos. 562, 563, 564, 565, 566, 567 and If this is a faith-based program, what ida, BOUSTANY, OBERSTAR, FILNER, 568. major religion preaches the values of taking TAYLOR of Mississippi, HIGGINS, and Rollcall vote No. 562 was on the motion to the most from those who have the least Ms. SCHWARTZ of Pennsylvania. while asking nothing from those who have table the appeal of the ruling of the Chair. Had From the Committee on Energy and the most? I been present, I would have voted ‘‘yea.’’ Commerce, for consideration of section This budget makes a mockery of the Amer- Rollcall vote No. 563 was on agreeing to the 408 of the House bill, and modifications ican values of fairness and shared sacrifice resolution H. Res. 527. Had I been present, I during time of war. committed to conference: Messrs. BAR- would have voted ‘‘yea.’’ Rosa Parks understood that actions speak TON of Texas, GILLMOR, and DINGELL. Rollcall vote No. 564 was on agreeing to the far louder than words. We in Congress should From the Committee on Homeland truly honor her life and spirit by standing up Nadler amendment. Had I been present, I Security, for consideration of sections would have voted ‘‘no.’’ against this bill. 101, 404, 413, and 424 of the House bill, f Rollcall vote No. 565 was on agreeing to the and sections 202, 207, 215, and 302 of the Moran (VA) amendment. Had I been present, Senate amendment, and modifications b 1815 I would have voted ‘‘no.’’ committed to conference: Messrs. DAN- Rollcall vote No. 566 was on agreeing to the REMOVAL OF NAME OF MEMBER IEL E. LUNGREN of California, Turner amendment. Had I been present, I AS COSPONSOR OF H.R. 4011 REICHERT, and THOMPSON of Mis- would have voted ‘‘no.’’ sissippi. Mr. TOWNS. Mr. Speaker, I ask Rollcall vote No. 567 was on agreeing to the From the Committee on Resources, unanimous consent to have my name Watt amendment. Had I been present, I would for consideration of sections 426, 427, removed as a cosponsor of H.R. 4011. have voted ‘‘no.’’ and title V of the House bill, and modi- The SPEAKER pro tempore (Mr. Rollcall vote No. 568 was on final passage fications committed to conference: SCHWARZ of Michigan). Is there objec- of H.R. 4128. Had I been present, I would tion to the request of the gentleman Messrs. POMBO, JONES of North Caro- have voted ‘‘yea.’’ from New York? lina, and PALLONE. f There was no objection. There was no objection. PRIVILEGED REPORT ON RESOLU- f f TION OF INQUIRY TO THE PRESI- BUDGET CUTS IMPENDING REPUBLICAN BUDGET DENT CUTS COMPOUND HARDSHIP FOR (Mr. CONYERS asked and was given Mr. YOUNG of Alaska, from the Com- AMERICA’S IMPOVERISHED CHIL- permission to address the House for 1 DREN AND FAMILIES mittee on Transportation and Infra- minute and to revise and extend his re- structure, submitted a privileged re- marks.) (Ms. WOOLSEY asked and was given port (Rept. No. 109–269) on the resolu- Mr. CONYERS. Mr. Speaker, the gen- permission to address the House for 1 tion (H. Res. 488) requesting that the tlewoman from California (Ms. WOOL- minute and to revise and extend her re- President transmit to the House of SEY) encouraged that we take a minute marks.) Representatives information in his pos- to speak today about the draconian Ms. WOOLSEY. Mr. Speaker, the Re- session relating to contracts for serv- budget cuts that are coming out of the publican’s budget priorities are clear, ices or construction related to Hurri- Budget Committee recommendation. and they are shameful. To provide $70 cane Katrina recovery, which was re- I am going to include in my state- to $100 billion in new tax cuts for the ferred to the House Calendar and or- ment that of the gentleman from Texas powerful and the privileged, they are dered to be printed. (Mr. EDWARDS) who did what I think going after every single mother and f was so very appropriate and timely. He their children in this country, every single mom and her kids. REPORT ON RESOLUTION WAIVING tied in the fact that we have just hon- ored the first woman in American his- Instead of these new tax cuts, we POINTS OF ORDER AGAINST CON- could provide an estimated 11.5 million FERENCE REPORT ON H.R. 3057, tory to lie in honor in the Rotunda, and yet we may be seriously dishon- Head Start slots for eligible children FOREIGN OPERATIONS, EXPORT who cannot get into a Head Start pro- FINANCING, AND RELATED PRO- oring her memory by cutting school lunch programs, student aid, Medicaid, gram and health care for more than 52 GRAMS APPROPRIATIONS ACT, million American children and families 2006 health care programs, and it seems to me that we ought to try to reconcile who receive marginal health care or Mr. LINCOLN DIAZ-BALART of these. none at all. Florida, from the Committee on Rules, STATEMENT BY CONGRESSMAN CHET EDWARDS Another $500 million in Republican submitted a privileged report (Rept. ON THE DEFICIT REDUCTION ACT OF 2005 cuts will leave 250,000 children without No. 109–270) on the resolution (H. Res. HOUSE BUDGET COMMITTEE/NOVEMBER 3, quality child care. 532) waiving points of order against the 2005 They are even slashing funding for conference report to accompany the Yesterday, we honored Rosa Parks as the child support enforcement. $4.9 billion bill (H.R. 3057) making appropriations first woman in American history to lie in in Republican cuts will let deadbeat

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9606 CONGRESSIONAL RECORD — HOUSE November 3, 2005 dads off the hook to the tune of $7.9 bil- Ms. CORRINE BROWN of Florida. uary 4, 2005, and under a previous order lion over the next 5 years and $24 bil- Mr. Speaker, I rise to address the of the House, the following Members lion over the next 10 years. House regarding the proposed $70 bil- will be recognized for 5 minutes each. This is the Republican reconciliation. lion cuts. f Watch out everybody but the rich. Let me just say that this weekend I The SPEAKER pro tempore. Under a f went to the Florida-Georgia game, and previous order of the House, the gen- it was a real tough game, but at that tleman from North Carolina (Mr. NATIONAL PRIORITIES game was the head of the Police Ath- MCHENRY) is recognized for 5 minutes. letic League who had just read an arti- (Ms. LEE asked and was given per- (Mr. MCHENRY addressed the House. mission to address the House for 1 cle in the Times Union, which is one of His remarks will appear hereafter in minute.) the most conservative papers in the the Extensions of Remarks.) Ms. LEE. Mr. Speaker, the priorities United States. It talked about the pro- f set forth in a budget directly speak to posed cuts in the food stamp program, what we value as a Nation. It is a and he was appalled that we are going EXCHANGE OF SPECIAL ORDER statement about our sense of morality to cut programs for school lunch and TIME senior citizens programs while we are and about our priorities. Mr. BISHOP of Utah. Mr. Speaker, I trying to give tax breaks to the rich. What values are represented in giving ask unanimous consent to claim the I mean, just picture this. The head of away our public lands and coastal time of the gentleman from North the Police Athletic League, conserv- areas to oil companies that are making Carolina (Mr. MCHENRY). ative group, giving me the going over. record profits at consumers’ expense? The SPEAKER pro tempore. Is there I told him, you know what, you are What does $10 billion in Medicaid objection to the request of the gen- singing to the choir. I do not support cuts to health services for poor chil- tleman from Utah? these cuts. You need to talk to the peo- dren and long-term care patients, and There was no objection. increasing the cost of prescription ple on the other side of the aisle, the drugs, what does that say about our people that you play golf with, the peo- f values? ple that you run around with. Those EVERYDAY HEROES What about $844 million in food are the ones that are planning on doing these cuts, and I recommend that you The SPEAKER pro tempore. Under a stamp cuts that eliminate nutrition previous order of the House, the gen- and school lunch programs and break- talk with them and let them know that you do not support those cuts. tleman from Utah (Mr. BISHOP) is rec- fast benefits for hundreds of thousands ognized for 5 minutes. of families and children? f Mr. BISHOP of Utah. Mr. Speaker, How about $14 billion in cuts to stu- BUDGET RECONCILIATION Senator ORRIN HATCH of my State has dent aid programs, including raising PROPOSAL penned words to a song entitled, ‘‘Ev- the cost of college for students and eryday Heroes.’’ The lyrics in part their families through increased inter- (Ms. JACKSON-LEE of Texas asked and was given permission to address read: est rates and fees? ‘‘Some people have helping hands What about eliminating $470 million the House for 1 minute and to revise and extend her remarks.) that go a second mile. of Federal housing rehab grants to ‘‘They’re willing to love and lift a make rental units available to low-in- Ms. JACKSON-LEE of Texas. Mr. Speaker, I think the American people brother for a while. come families, which could include ‘‘Everyday Heroes live in every families displaced by Hurricane should be told why so many of us are rising to the floor even before the neighborhood. Katrina? ‘‘Everyday Heroes, helping in the Let me tell my colleagues, these cuts budget reconciliation proposal comes to this floor. It is because, what is the way a neighbor should. are really going to pay for the $106 bil- ‘‘Giving just a little time; sharing lion additional tax cuts for the wealthy choice or the choice that is being made by Republicans? Is it that they are just a little love. this year and will still leave an enor- ‘‘God bless each one of those every- mous deficit. What does this say about willing to give a $70 billion tax cut, rather than spend dollars on education, day heroes.’’ our values? You cannot tell me that we Mr. Speaker, I wish to introduce this cannot do better than this. rather than spend dollars on health care, rather than spend dollars on eas- body to an everyday hero whose efforts f ing the pain of senior citizens? make the world a better place to live. If you think about that in that respect, BLOOD IS ON THE HANDS OF The interesting aspect that I would it is actually quite spectacular. This THOSE WHO HAD THE KNIFE like to bring to the attention of my colleagues is that there is a pending hero is an outstanding educator at Box (Mr. DAVIS of Illinois asked and was possibility of a veto because our col- Elder High School in Brigham City, given permission to address the House leagues in the Senate have been able to Utah; and I had the opportunity of for 1 minute and to revise and extend find some relief for the $10 billion Med- teaching alongside him before I came his remarks.) icaid cut. Their proposal has to do with to Congress. I know from personal ex- Mr. DAVIS of Illinois. Mr. Speaker, I taking away the $10 billion cushion perience the dedication he brings to his have been told that if all you do is cut, that has been established by the Medi- job, and I know how he helps kids cut, cut, cut, all that you really get is care drug law. They want to take those every day. blood, blood, blood, blood. dollars and have it to pay for the large At Box Elder High School is a char- I am afraid that the blood of the cut of $10 or $11 billion that is coming ismatic head wrestling coach by the American people, the blood of the poor, out of this budget, out of Medicaid. name of Mike Ripplinger. He was re- the blood of the homeless, the blood of Is it not ridiculous to spend $70 bil- cently named the Class 4A Coach of the the hungry, the blood of the children, lion on tax cuts, borrowing from Peter Year, shortly after leading his team to the blood that is cut out of Medicare, to pay Paul, and we are going to get a the fourth State title in 6 years, his Medicaid, food stamps, all of that blood veto by the President of the United fifth overall. That goes along with a will be on the hands of those who had States if we try to save the $10 billion record 18 region championships in the the knife. for those seniors who need the money 20 years he has been a head coach. In a f in Medicaid? sport like wrestling, which is very Vote against the budget reconcili- competitive in Utah, that is indeed RETAINING THE PROPOSED $70 ation when it comes to the floor. quite an accomplishment. BILLION BUDGET CUTS f The measure of a coach, as our good (Ms. CORRINE BROWN of Florida Speaker well knows, is not based on his asked and was given permission to ad- SPECIAL ORDERS success and the wins and losses but the dress the House for 1 minute and to re- The SPEAKER pro tempore. Under quality of the students with whom he vise and extend her remarks.) the Speaker’s announced policy of Jan- works. More impressive than any

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9607 championship title is the impact Mike vidual student feel like he or she is im- ters to Judy Miller, let us not lose has had on the wrestlers off the mat, as portant, has value, has someone who sight of the big picture. Right now, he has produced not only outstanding cares. Every year, Mike helps students there are some 140,000 loyal, patriotic, athletes but also gentlemen. mature and learn. Every month, Mike courageous Americans who have been On the occasion of hosting the 20th gives himself to others. Every week, separated from their families and are Richardson Memorial Tournament in Mike creates a learning environment prepared to die, all because the neo- his tenure, Mike’s athletes returned in which kids want to participate. con’s cabal had it in for Saddam Hus- from years past to give him tribute. I Every day, Mike makes the world a sein. Over 2,000 of their fellow soldiers wish to review a few of those and also better place. Mike Ripplinger is one of have already made the ultimate sac- add to those tributes myself. our everyday heroes. rifice, and I have no doubt that those men and women would be alive today if One of these young wrestlers noted f that when he was a junior he broke his not for the trumped-up intelligence and sternum not once, but twice. It was ORDER OF BUSINESS the campaign of deceit. very difficult for him to just sit on the Ms. WOOLSEY. Mr. Speaker, I ask I had the privilege of talking with sidelines and cheer on his teammates, unanimous consent to take my Special our soldiers when I was in Iraq a month realizing he could not contribute to the Order out of order. ago, and you could not ask for a finer, success of the team. Most kids would The SPEAKER pro tempore. Is there more committed group of young peo- have just dropped out at that point. objection to the request of the gentle- ple. I came away from those conversa- Coach Ripplinger, realizing the pain of woman from California? tions full of pride but also profound lack of participation, gave an extra ef- There was no objection. sadness, because the men and women on the front lines have dutifully en- fort to include this kid as part of the f team. Through his encouragement, this trusted their lives to cynics and young student learned how to per- IRAQ AND LIBBY’S SUCCESSFUL ideologues like Scooter Libby. They severe and, as he later noted, he made COVER-UP deserve so much better. They deserve many successes in preparation for life The SPEAKER pro tempore. Under a civilian superiors who are at least as that year even though he had no activ- previous order of the House, the gentle- honorable as they are. Even as we never forget the lies that ity on the mat. woman from California (Ms. WOOLSEY) got us into this war, I am even more Another former student said that the is recognized for 5 minutes. concerned about how we are going to coach expected us to live with dignity, Ms. WOOLSEY. Mr. Speaker, Scooter get out. There are ways to do this honor and respect for others. Libby was arraigned this morning, and while still keeping Iraq secure, while Another admitted that, when they the Bush administration defenders con- helping build its democratic institu- were disciplined, the toughest thing tinue to insist that the administration tions and its economic infrastructure. I was feeling like we had disappointed of the CIA leak was ‘‘much ado about held a hearing earlier this fall where the coach because we had all the re- nothing.’’ we discussed such ideas in detail. spect for him as a person and as a lead- They say that the crime of perjury We can appeal to the U.N. and to er. All teachers seek respect. Very few and obstruction of justice are mere NATO to establish an interim security of us actually earn it the way Mike technicalities, nothing to worry our force in Iraq. We can launch a diplo- Ripplinger has. heads over. Ha. matic offensive, helping establish an Those lessons were as important to Let us leave aside the obvious hypoc- international peace commission that the student athletes as the trophies risy. We all know that there was quite can coordinate peace talks between that they earned. a hue and cry over perjury in this town Iraq’s various factions and oversee the When Mike was hired, his principal 7 years ago when the President’s party post-war reconciliation process. said, I wanted a coach who could build was on the outside of the White House But the President does not want to a strong wrestling program but an indi- looking in. Dare I say, the underlying be part of this conversation. All he has vidual who could also build young men. issue at that time was just a little to offer is the same old rhetoric about He said this is one of the best hires he more frivolous than the matters of life, staying the course and completing the ever made. ‘‘On a personal note,’’ he death and war that are at the heart of mission. But how do you win a war also wrote, ‘‘my son Joseph, who has the current episode. against an enemy that grows more re- found success in his personal life as an More importantly, of course, Scooter silient with each passing day because orthopedic surgeon, found out what life Libby’s lies matter. Libby’s lies are ex- your occupation appears to be occu- was all about from you and your pro- actly what is keeping us from knowing piers of their land? One military com- gram.’’ Even though a three-sport ath- the truth about the original crime, the mander put it best: He said that ‘‘for lete, he had little wrestling skill. outing of a covert CIA operative as every insurgent I kill, I create three Through your program, he found out part of a campaign to scare the Nation more.’’ what it was like to rise above losing. into a war based on the lie that Sad- Enough is enough, Mr. Speaker. The He found the encouragement and desire dam Hussein was poised to use nuclear current Iraq policy is a bloody, de- to keep picking himself up and going weapons on the United States. structive, dead end. We have paid way on, and from people like you he found Columnist E.J. Dionne makes the im- too high a price already. It is time to out how to succeed. portant and distressing point: the honor our troops. It is time to bring Sometimes in our environment today Scooter Libby cover-up was successful. them home. we actually do not want people to dis- b 1830 f play any outward religious conviction, The SPEAKER pro tempore (Mr. You see, 1 year and 1 day ago, the but through Mike’s demonstration he SCHWARZ). Under a previous order of showed his goodwill, his strong moral President was reelected by a narrow the House, the gentleman from Ne- margin. Why does that matter? Be- character and his relationship with his braska (Mr. OSBORNE) is recognized for God. cause Libby is stonewalling. His tall 5 minutes. At one point, when one of his stu- tale about having learned about Val- (Mr. OSBORNE addressed the House. dents seriously injured an arm by erie Plame’s status from gossiping re- His remarks will appear hereafter in sticking it through a glass window, one porters was all about gumming up the the Extensions of Remarks.) investigation just long enough so that of his other students noted that he ad- f mired a coach who was not afraid to the clock would run out on the last have a team prayer for the cut student. campaign season. It was all about en- PENTAGON PROGRAM COSTING Mike Ripplinger is to be commended suring that Americans went to the TAXPAYERS MILLIONS IN IN- for not being afraid to help his stu- polls last year with very limited FLATED PRICES dents become better people, as well as knowledge of this scandal. The SPEAKER pro tempore. Under a better wrestlers. As we analyze the legal maneuvers previous order of the House, the gen- Students of Mike recognize that he and intrigue, as we try to read between tleman from North Carolina (Mr. has a rare ability to make each indi- the lines of Scooter Libby’s bizarre let- JONES) is recognized for 5 minutes.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9608 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Mr. JONES of North Carolina. Mr. Department of Defense, and if they are giveaway to do oil and gas drilling Speaker, on October 23, the Knight- paying $20 for an 89 cent ice tray, if around this country. They got $14 bil- Rider newspaper had a headline that they are paying $81 for a coffee maker lion for companies making record prof- said, ‘‘Pentagon Program Costing Tax- you can buy for $29, we have a real seri- its. payers Millions in Inflated Prices.’’ I ous problem. That is what we call corporate wel- want to give a few examples, because, I think in a bipartisan way we, as a fare. If they want the marketplace to as we talk about budget resolution, House of Representatives, need to get work, give the taxpayers back their $14 budget cuts, or tax increases or what- together and ask those committee billion. We should be not be subsidizing ever, if we just look at what is hap- chairmen and the Speaker of the House their business plans. Taxpayers are not pening, and I am going to relay this to to please look into this on behalf of the in the business of helping companies the House in just one moment, we taxpayers of America. making revenue runs at $100 billion a ought to start looking at the inflated As I close, Mr. Speaker, always on quarter where profits are up 89 percent. prices and what is going on at the De- the floor of this House I ask God to The Congress, not Democrats but the partment of Defense. I am going to give please bless our men and women in uni- Republicans in Congress, are cutting examples. form, to please bless their families and college loans by $14 billion, they are The Pentagon is paying $20 apiece for hold in his loving arms the families cutting nutritional programs for 40,000 ice cube trays that cost 85 cents. In who have given a child to die for free- kids, and they are cutting kids health other words, you can go to a retail dom, and I ask God to please continue care. Yet what have they held sac- store and you get a plastic ice tray and to bless America. rosanct? $14 billion to Exxon Mobil. My view is what corporate America needs pay 85 to 90 cents, yet the Department f of Defense is paying $20. in the energy business is a little free The SPEAKER pro tempore. Under a In addition, the Pentagon is now pay- market medicine. previous order of the House, the gen- ing $81 apiece for coffee makers that We have seen nothing but corporate tleman from Ohio (Mr. BROWN) is rec- were bought for years at just $29 from welfare around here in subsidizing the ognized for 5 minutes. the manufacturer. So $81 now, and they energy industry, and it is high time (Mr. BROWN of Ohio addressed the were paying $29 for coffee makers. they get off the dole and started run- A commercial 7-foot refrigerator that House. His remarks will appear here- ning their own business plan and stop the general public can buy for a little after in the Extensions of Remarks.) asking the taxpayers to fund them. The more than $17,000, the Pentagon is pay- f only reason they do that around here is ing nearly $33,000 for the same refrig- ENERGY because, since 1980, the big oil compa- erator, for a markup of 89 percent. nies have contributed $220 million to Mr. Speaker, I think about the tough The SPEAKER pro tempore. Under a the Republican candidates for Con- decisions we are going to have to make previous order of the House, the gen- gress, Senate, the Presidency, and here over the next few weeks, yet we tleman from Illinois (Mr. EMANUEL) is their party. They have gotten a $14 bil- are not even doing the oversight that recognized for 5 minutes. lion return. You cannot get an invest- should be done with the Department of Mr. EMANUEL. Mr. Speaker, middle- ment return like that on Wall Street. Defense. Why, instead of using com- class families across this Nation are It is 200 percent on their investment petitive bid contracting or buying di- struggling to make ends meet. While that they have gotten. rectly from the manufacturers, is the housing and education prices are sky- This Congress has given big oil $14 Pentagon using middlemen who set rocketing, wages have been held stag- billion in tax subsidies. If that is not their own prices and take the Amer- nant for the last 3 years. Now families bad enough, there is a refinery bill ican taxpayers for millions of dollars? can add energy to the list of out-of- where we ended up giving them another Again, this is an investigative new control costs to their family budget. $2 billion that they did not even ask report. The high prices are a result of Gas is around 3 bucks a gallon. Utili- for. So with oil running at basically $3 a Defense Department purchasing pro- ties are now predicting families could a gallon at the gas pump, not only do gram called ‘‘prime vendor,’’ started by pay as much as 70 percent more to heat consumers have to pay inflated prices the Defense Logistics Agency, known their homes this winter. Natural gas to big oil at the gas pump, but on April as DLA. This program, which elimi- prices are so high the Energy Depart- 15 they get a bill because they have nates competition, is used to speed up ment is predicting the average family given them $14 billion in taxpayer- deliveries. will pay $350 more this winter than last funded corporate welfare so they can Defenders of the prime vendor pro- winter. Home heating oil, used by do one thing: execute their business gram highlight the program’s speed. many in the Northeast and Midwest, is plans. Deliveries are fast, they say. However, skyrocketing. Well, I am suggesting they start critics indicate the advantages offered But while American families struggle doing a little more free enterprise in by prime vendors are overstated. Since with sky-high energy bills, oil and gas executing their business plans and stop competition is reduced, these prime companies face a totally different prob- relying on the taxpayers of America, vendors charge enormous prices for lem: too much cash. For example, who are struggling with sky-high en- their services. More so, there are other Exxon Mobil recently reported their ergy prices, sky-high health care costs, government agents who have been profits increased by 75 percent. Their and sky-high college tuition costs, just eliminated that claim their services revenues: $100 billion. Shell Oil, earn- trying to struggle to make ends meet. were just as fast and cheaper. ings 68 percent up. Phillips, 89 percent What Congress would actually cut There needs to be an investigation up. B.P. Amoco, 34 percent rise in quar- home heating assistance to our most into the prime vendor program to en- terly earnings. needy citizens yet give Exxon Mobil sure that taxpayers are not being American families are struggling and the other big energy companies $16 taken advantage of. And I say that, Mr. with massive energy bills that cut into million? A Republican Congress, but, of Speaker, for this reason. I have written their living expenses, their college course, this should make sense to all of the Speaker of the House, the Chair- costs, and their health care costs, us who have seen what goes on around man of the Armed Services Committee, while energy companies are reaping here. the gentleman from California (Mr. huge, huge profits. When the Speaker’s gavel comes HUNTER), and I also wrote the gen- Henry Hubble, a senior vice president down, that gavel is intended to open tleman from Virginia (Mr. DAVIS) of at Exxon Mobil said, ‘‘You have got to the people’s House, not the auction the oversight committee. We need to let the marketplace work.’’ I agree house. What has happened around here look into this. with the executive from Exxon Mobil. lately when it comes to big oil compa- We need to do what is right for the Let the marketplace work. nies is we auction off the American taxpayers. I will tell you, Mr. Speaker, But here is where we disagree. When people and their future. When it comes when we have so much in the way of a they had an energy bill down on this to the pharmaceutical companies, who debt and deficit in this Nation, the floor, the oil companies got a $14 bil- gave $132 million, they ended up with easiest thing we can do is look at the lion taxpayer-funded corporate welfare $135 billion in additional profit when

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Only using can be used to offset some of the costs standers would be injured or killed by their type of math do you work like for the Katrina disaster and the other the spray of the bullets released. that. disasters we have experienced recently. But I want to reduce gun violence in Pharmaceutical companies. Big oil I know it is going to involve some this country, not to keep the status companies. Corporate special interests. hard decisions. I heard one of my Dem- quo. The Washington Times might be Selling away America. The Speaker’s ocrat colleagues just a few minutes ago satisfied with 30,000 Americans dying gavel is intended to open the people’s come down and start talking about from gun-related deaths every year. I House, not the auction house, and the some of the programs that are going to am not. The Washington Times might United States Congress had better have to be cut. And I admit there will think it is acceptable that 5,200 Amer- start acting like the people’s House, be difficult choices to be made, but ican kids die because of gun violence because lately we are giving Christie’s that is what we are all about around each year. I think it is deplorable. a run for its money around here. here, making difficult choices, difficult But I am a realist; and I know that You cannot give out money fast decisions. It is extremely important this Congress, this Congress, will not enough to the energy companies, who that we make the hard choices so we reinstate the assault weapons ban. But are making massive profits, and on the control spending and make sure we do we can make it more difficult for other hand cut those who are most the right things for economic growth criminals and terrorists to get their needy. You cannot have a policy in the in this country. weapons. country that says to oil companies, The way to do that is when we have who are reaping huge profits, and that this cost-savings bill come before the As we continue to weaken our guns is their business, but we should not body in the next few days, my Demo- laws, we increasingly rely on the Na- subsidize their business, we are going cratic colleagues who are concerned tional Instant Background Check Sys- to give you more while cutting those about the deficit, who are concerned tem to ensure that guns do not fall who are struggling. These are not the about spending, who are concerned into the wrong hands. However, the values of this country, these are not about Katrina and the costs involved, NICS database is dangerously incom- the values of the Democratic party, join with us in this cost-savings bill to plete. For example, half of all States and, thank God, they are not the val- save about $50 or $60 billion in rescis- have entered less than 60 percent of ues of the American people. sions and across-the-board spending their convicted felons into the NICS We need a change. We need new prior- cuts. Because if you do that, we can system. Thirteen States have failed to ities that focus on America’s future. keep this country on an even keel. So enter the subjects of restraining orders We can do better, and it is high time please join with us when this bill stemming from domestic violence into we turn the people’s House back to the comes to the floor. the NICS system. And, of course, in all American people. 50 States, people who are listed on ter- f rorist watch lists certainly can go out f b 1845 and still buy a gun. THE ECONOMY The same people whom we do not ORDER OF BUSINESS The SPEAKER pro tempore. Under a trust to board a plane can buy one of previous order of the House, the gen- Mrs. MCCARTHY. Mr. Speaker, I ask those AK–47s or Uzis the Washington tleman from Indiana (Mr. BURTON) is unanimous consent to take my Special Times editorial page raves about. This recognized for 5 minutes. Order at this time. defies common sense. Mr. BURTON of Indiana. I know I get The SPEAKER pro tempore (Mr. I have introduced H.R. 1415, legisla- a big kick, Mr. Speaker, out of listen- SCHWARZ of Michigan). Is there objec- tion that will require that States enter ing to my colleagues come down here tion to the request of the gentlewoman in all NICS information as quickly as and talk about the sky falling. After 9/ from New York? possible. My bill will also provide 11 we had an economic downturn and There was no objection. grants to States to make sure that tourism suffered and all the ancillary f their databases are kept up to date. industries suffered, airlines suffered This legislation poses no restrictions and the economy started going down. NATIONAL INSTANT BACKGROUND CHECK SYSTEM on law-abiding and responsible gun We had scandals on Wall Street, and owners. It poses no infringement on The SPEAKER pro tempore. Under a those scandals led to further economic second amendment rights. In fact, it previous order of the House, the gentle- problems. President Bush suggested to passed the House during the 107th Con- woman from New York (Mrs. MCCAR- the Congress that the way to stimulate gress via voice vote. Unfortunately, THY) is recognized for 5 minutes. economic recovery and growth was the time ran out before the other body Mrs. MCCARTHY. Mr. Speaker, last same thing that President John F. could take up the bill. Kennedy did back in the 1960s, and that week the Washington Times ran an edi- But the bill had the support of sev- was to cut taxes. And so we cut taxes. torial stating that people who advocate And because we cut taxes, there has responsible gun laws are disappointed eral Senators on the other side who are been growth in the economy for the that there has not been an increase in known strongly for their support of past several years. The unemployment killings since the assault weapons ban gun rights. Nobody believes criminals rate has been down. The economy has expired last year. and terrorists should be allowed to le- been growing. Everything has been In fact, nothing could be further from gally buy guns in this country. going well. the truth. That the crime rate has not So before the Washington Times and Now we have been hit with some increased dramatically with the end of others begin to celebrate maintaining other things that are very, very dis- the ban is not a surprise. Nobody the status quo for gun-related deaths, concerting. We had the Katrina hurri- thought the end of the assault weapons let us pass legislation to enforce the cane, and we had another hurricane ban would create new criminals, but we gun laws on the books. that hit Florida recently. These hurri- feared it would give existing criminals Nobody wants to see crime reduced canes are going to cost a lot of money. better tools to do their jobs. The fact more than I do. H.R. 1415 can fix the Some people think it will cost $60, $70, that sales of these weapons are not loopholes in our background checks. or $80 billion before it is over. It will skyrocketing does not surprise me ei- Thirty thousand deaths a year is noth- not be the $250 billion that was talked ther. Law-abiding gun owners have no ing to turn a blind eye to no matter about, but it will be around $50, $60, or practical need for these weapons. Why what the Washington Times says. $70 billion at least. would a responsible gun owner want an We can do better, Mr. Speaker.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9610 CONGRESSIONAL RECORD — HOUSE November 3, 2005 ORDER OF BUSINESS autocratic regimes that harbor terror- no wonder why we have record profits Ms. ROS-LEHTINEN. Mr. Speaker, I ists and facilitate terrorist attacks; by the oil companies. Our constituents are angry and are ask unanimous consent to take my and promoting economic reform and frustrated, and they deserve answers Special Order at this time. democracy as a means to address those from their elected officials. We must The SPEAKER pro tempore. Is there threats. not stand by and let oil and gas compa- objection to the request of the gentle- Our ability to project major Armed Forces to the very heart of the Middle nies engage in price gouging and profit- woman from Florida? eering when families are going to be There was no objection. East provides the United States, as well as our allies in the war against forced to pay so much more to heat f terrorism, the wherewithal to directly their homes, to heat their places of business, as we see in article after arti- IRAQ address the tactical and ideological challenges of Islamic extremism. Our cle anywhere from a 50 to 90 percent in- The SPEAKER pro tempore. Under a presence in Iraq further strengthens crease in home heating costs in the up- previous order of the House, the gentle- our leverage against current and coming months. woman from Florida (Ms. ROS- emerging democracies and increases If we take a look at the documents LEHTINEN) is recognized for 5 minutes. the deterrent value of U.S. power. recently provided by the current ad- Ms. ROS-LEHTINEN. Mr. Speaker, I Finally, through the promotion of in- ministration from the Energy Informa- rise today to voice my strong support cipient Iraqi democracy, we can con- tion Administration, the American family is going to have a 60 percent in- for both the men and women of our tinue our concerted efforts to counter crease this year just to heat their Armed Forces and the American civil- the root causes of Islamic extremism homes this winter. We have almost a 50 ians serving in Iraq through the De- and terrorism in that area. percent increase, they figure, in nat- partment of State and other U.S. agen- However, our success in Iraq will not ural gas. It will be a $350 increase this cies. I thank them for their courage come without challenges. Creating new year. Home heating oil they figure is and the dedication that they have so and effective political and security in- going to be a $378 increase over last bravely displayed in carrying out their stitutions in Iraq takes time. The task year. Propane, $325 over last year. This noble mission of liberating and secur- before us is not insurmountable; but if is from, again, the Energy Information ing Iraq from tyranny and terrorism. rushed, we do risk failure for lack of Administration. What we have seen are Mr. Speaker, I have witnessed such persistence. The continuing presence of a lot of demands from our constituents dedication in conversations with a U.S. and coalition forces must be deter- to do something, but nothing is really former staffer of mine who returned mined by the achievement of concrete being done. from Iraq this past summer and from objectives. We cannot send a message one of my former interns who served In this Congress here a few weeks to the terrorists that their war of attri- ago, we did try to pass an energy bill to with the United States Army in Iraq. I tion is succeeding and that we are have frequently discussed the situation try to address price gouging, market weakening in our resolve to win. manipulation, and bring some trans- in Iraq with my husband, Dexter, a The Iraqi people have not weakened decorated Vietnam veteran who was parency to how a gallon of gas or a bar- their resolve, and they have clearly rel of oil is priced when we go to use it. wounded in combat and was awarded a demonstrated their commitment to Purple Heart. Unfortunately, that bill, which passed both the establishment and the solidi- the House here, was such a poor bill However, it has been my talks with fication of a democratic political cul- my stepson Dougie, a first lieutenant that the other body took one look at it ture through their January 30 election, and they said they were not even going in the U.S. Marine Corps who is cur- through the October 15 referendum on rently serving in Iraq, which has to take it up. their Constitution, and their prepara- So there was an alternative bill that helped me the most and has had the tions for the December 15 elections. never had a chance to have an up-or- most profound effect on me and helped Our men and women in uniform are down vote. It was called the FREE bill, me to fully comprehend the impor- not and have not weakened their re- free from energy manipulation by the tance of the mission that our men and solve. Let us not weaken our resolve in oil companies. That was the Demo- women in the Armed Forces are em- the United States Congress. Let us not cratic bill. And what we did in our bill barked upon in Iraq. To him it is not waver in our commitment to our mis- was this, and let me just show this an obligation. It is an honor and a sion, our very important and noble chart here: Why are energy costs so privilege to have the opportunity to cause in Iraq. high? This was from September, 2004, serve our country; to contribute to the f until September of 2005. To take the freedom of the Iraqi people; to confront crude oil out of the ground or out of the terrorists; and perhaps most impor- GAS AND OIL COMPANY PROFITEERING the gulf, wherever they get it, was an tantly, to fight tyranny, as the Great- increase of 46 percent in the last 12 est Generation did during World War The SPEAKER pro tempore. Under a months, 46 percent. After the oil is II. previous order of the House, the gen- taken out of the ground, it goes to the Our mission is just. It has far-reach- tleman from Michigan (Mr. STUPAK) is refiners. The refiners increased their ing, longstanding, strategic, and polit- recognized for 5 minutes. costs and their prices 255 percent in the ical ramifications. It is helping to fur- Mr. STUPAK. Mr. Speaker, every day last 12 months. And then when it is dis- ther U.S. security and foreign policy now we see headlines in the newspaper tributed from the refinery to the gas goals throughout the region. For these much like this one here from the USA stations, to the retailers, or to the oil reasons and, most importantly, for my Today back on October 7, 2005, saying: companies to heat our homes this year, stepson Doug Lehtinen, and his ‘‘Staying Warm To Cost up to 90 Per- the cost is only 5 percent. fiancee, Lindsay Nelson, who is also a cent More This Year,’’ as energy costs So the bill we had before us approxi- Marine officer currently serving in have just skyrocketed in this country. mately 2 weeks ago put forth by the Iraq, and all of the members of the U.S. Our constituents are bracing for a majority party, instead of targeting Armed Forces serving in Afghanistan harsh winter, a record high in home en- the people who have increased their and Iraq and elsewhere, we must con- ergy costs; and they just continue to prices 255 percent over the last 12 tinue to fully support our troops and skyrocket, while oil companies are an- months, they targeted the poor dis- their mission. Simply stated, we can- nouncing record-breaking third quarter tributors and the gas station owners not afford to yield a victory to the ter- profits. and the gas station operators. They rorists in Iraq and throughout the re- Even though gas has come down a lit- targeted the people who made 5 percent gion. tle bit, 2 weeks ago even in my district, in the last year. They targeted the Iraq is one of the epicenters of the the headline in the Marquette Mining wrong people. Plus the Republican bill U.S. comprehensive strategy to fight Journal from October 19 said we are did not take in propane, did not take in terrorism worldwide, a strategy that number one. We have the dubious title natural gas. Thirdly, the only time the includes killing and disrupting terror- of having the highest gas prices in the Republican bill would kick in was when ists abroad; confronting theocratic and upper peninsula of Michigan. And it is there is a natural disaster.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9611 In the Democratic bill, on the other profits. That is after paying for every- information to which their children hand, Mr. Speaker, we targeted all thing else. They cannot say it costs will be exposed while enrolled as stu- parts of the oil supply chain, from the more. But these are profits, over and dents.’’ crude producer, to the refiner, to the above. Mr. Speaker, for these liberal judges distributor. We said if they engage in And Chevron generated $3.6 billion. to say that parents have no right to de- excessive profits, like 255 percent over The earnings of the world’s five larg- termine what their children are taught the last 12 months, we are going to go est publicly traded oil companies this about sex, or anything else, for that after those profits. That is price quarter have put them on track to earn matter, is outrageous. America has re- gouging, market manipulation, geo- $100 billion this year. jected this sort of bankrupt, liberal ex- graphic price arrangements that they Mr. Speaker, I hope this Congress can tremism at the ballot, and now the left make from the refinery. And those ex- work together and pass a real energy is desperately trying to hold on to the cessive profits, and I think people program to help all Americans. courts to force this extremist agenda would agree with me that 255 percent is f down the throats of all Americans. excessive, would then be put into a The liberal, secular left wants to SUPPORT FOR ALITO NOMINATION fund to help the Low Income Heating take the words ‘‘under God’’ out of the Energy Assistance Program, LIHEAP The SPEAKER pro tempore (Mr. Pledge of Allegiance. They want to as we call it. SCHWARZ of Michigan). Under a pre- completely dismantle marriage and So we take the extra money and put vious order of the House, the gen- family. They want to end voluntary it in there to help people heat their tleman from Arizona (Mr. FRANKS) is prayer, any kind of traditional vol- homes. We finally, for once, give the recognized for 5 minutes. untary religious expression in public FTC, the Federal Trade Commission, Mr. FRANKS of Arizona. Mr. Speak- places. the authority to stop price gouging. We er, these are historic and great days in They teach your children in school allow the State attorneys general to America because President George W. that it is ‘‘mainstream’’ in America to enforce Federal law, and we maintain Bush has nominated Judge Samuel use abortion and even partial-birth environmental standards. Alito to the United States Supreme abortion as a means of birth control. So this bill is back. We as a party, Court. They are saying to the parents of Democrats, are asking for a clean up- Mr. Speaker, this is a man of out- America that if your underage daugh- or-down vote on our bill. Let us put standing character and one who has ter is impregnated by a man, he should forth our bill, which is to stop the price more experience as a sitting judge than be able to take her to have an abortion gouging, market manipulation, the ex- any nominee for the Supreme Court in without your knowledge or permission, cessive regional pricing that goes on; the last 70 years. As always, extremists that it is none of your business. and let us have a clean up-or-down vote on the left are viciously attacking this Mr. Speaker, those attacking Judge on it. highly qualified nominee because he Alito are so far to the left that they In the meantime, the Democratic shares a judicial philosophy with this cannot even see the majority of us here Party is also asking, and, in fact, the duly elected President. in America, and it is so important that letter is being circulated today, that Mr. Speaker, what is at stake here the people of this country understand we bring in the oil executives and ask with these judicial nominations is the what the left means when they say them to explain to us how do they jus- Constitution itself, that miraculous ‘‘mainstream’’ when they say that tify a 255 percent increase. Even a 46 document by which we guard our God- Judge Alito is out of the mainstream. percent increase is a tremendous given rights in this country; and what They are talking about his rulings in amount of increase in the last 12 is also at risk is keeping secure the cases where the overwhelming major- months when inflation is running at American dream for future genera- ity of Americans agree with him. That about 3 to 4 percent. So these are the tions. is the very definition of ‘‘mainstream.’’ questions we have, and we would like a In this day, we sometimes forget that Mr. Speaker, for the sake of this Re- free, clean up-or-down vote. the American dream is actually about public, we must invite those leftists As high gas prices persist, hard-work- human dignity and freedom and self- who insist on smearing Judge Alito’s ing Americans are preparing for a cold governance. It is not about the left’s reputation to step into open debate winter during which they will likely moral relativism, which means that where the bright light of truth can face a doubling of home heating costs. those without conscience have a li- shine on their ideology and expose to These serious concerns underscore the cense to do anything without con- the people of America exactly how far need for this Congress to work together sequence, regardless of its harm to oth- out of the mainstream they really are. in a bipartisan manner. Let us inves- ers. Mr. Speaker, it is time for this de- tigate and crack down on the price True freedom actually means having bate. It is long overdue. The future of gouging and other forms of market ma- a system of self-government that pro- the American people living in freedom nipulation, and then maybe we will not tects the rights of innocent people to depends on it. see the headlines that we have seen in live and to be free and to pursue their f the last week about what the oil com- dreams in their own way, as long as panies have made in the third quarter. they do not desecrate the lives and CAMPAIGN TO MINIMIZE LIES The third quarter goes from, of course, rights of others. The choice that faces THAT LED TO IRAQ WAR July, August, September. In those 90 us in these pivotal times is whether or The SPEAKER pro tempore. Under a days, July, August, September, Exxon- not we as a people are still capable of previous order of the House, the gen- Mobil’s profit was $9.92 billion. understanding and guarding the funda- tleman from Washington (Mr. b 1900 mental rights that undergird our free- MCDERMOTT) is recognized for 5 min- That is the largest amount ever by a dom. utes. U.S. company, and 75 percent more in Mr. Speaker, I have great hope that Mr. MCDERMOTT. Mr. Speaker, I profits than they made last year. we still are. Liberal activists on the rise to support the minority leader’s Shell Oil Company, they generated $9 courts have been undermining the Con- attempt to get oversight. She stood billion in the third quarter, an increase stitution and America’s fundamental here today and asked in a resolution, of 68 percent from last year. These are rights of liberty and life and property which was not voted on by the House, excessive profits. for decades. was not allowed to be discussed by the Conoco Phillips generated $3.8 billion Just yesterday, the liberal Ninth Cir- House, that the Republican leadership in the third quarter, an 89 percent in- cuit Court of Appeals ruled, ‘‘There is conduct oversight of an executive crease from last year. no fundamental right of parents to be branch controlled by the same party Again, we do not mind anyone mak- the exclusive provider of information which is in contradiction to the estab- ing a profit. Inflation is running 3, 4, 5 regarding sexual matters to their chil- lished rules of standing committees percent. But 89 percent over one year? dren. Parents have no due process or and the congressional precedent. British Petroleum generated $6.53 bil- privacy right to override the deter- It is time for this House to begin an lion in the third quarter. These are minations of public schools as to the investigation of the executive branch.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9612 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Why is that? Well, there is a massive and consistent with military necessity, counsel, apparently let the vice president’s propaganda campaign beginning today, in a manner consistent with the prin- office know what was happening. In Sep- if you look in the Wall Street Journal ciples of the Geneva agreement. tember, David S. Addington, who was then and some of the other newspapers, to He could not just say ‘‘the Geneva Cheney’s general counsel, and former Cheney Convention holds. We will treat them aide I. Lewis Libby did their best to veto the minimize the lies that led us into war. initiative. They are now saying, ‘‘Well, everybody according to that.’’ He gave weasel- Cheney and Addington (and Libby) believe does it. Clinton did it. We did it. It words here, so he really has been no that there should be no limit on the presi- doesn’t make any difference how we use at all. Basically, what this White dent’s right to authorize interrogations of got into war. It was the right thing to House has done is kept that whole terrorist suspects. The Office of the Vice do. The fact that we got there is all issue open to debate. President is contemptuous of the British and that matters.’’ That is what the de- Now, you ask yourself, why do we our other European allies, who have been re- luctant to turn over suspects to the United fense is going to be. care about how we treat prisoners? Very simply, and the article says, ‘‘The States because of what they see as Washing- It is very clear that the office of the ton’s lawless approach. Vice President of the United States has military cares about the Geneva pro- What does the Oval Office think about emerged as the source of this national tections because of the correlation that adopting a Geneva-friendly detainee policy? policy. Never mind, I am not talking American intelligence officers increas- So far, there is no evidence that President about the intelligence on striods that ingly see between Muslim anger at the George W. Bush has weighed in directly since proved that Hussein had weapons of United States and human rights abuses February 2002 on applying Geneva’s protec- mass destruction. It is now clear by his in Guantanamo.’’ tions to the detainees. At that point, he said that al-Qaida and Taliban fighters would not own admission that the Chief of Staff We are putting our own soldiers at risk by allowing this White House to have prisoner-of-war status but would none- of the Vice President of the United theless be treated ‘‘humanely and, to the ex- States was willing to out the CIA agent keep this vague. We need some over- tent appropriate and consistent with mili- whose husband had been sent by the sight. tary necessity, in a manner consistent with Vice President’s office, had been sent Mr. Speaker, I include the Slate mag- the principles’’ of the Geneva Conventions. out to find out and had come back with azine article for the RECORD. The ambiguity of Bush’s 2002 statement—was a report that debunked the whole Niger [From the New York Times, Nov. 2, 2005.] he saying that the Geneva Conventions did yellow cake forgeries. SUPERIORITY COMPLEX not trump military necessity?—has encour- Mr. Speaker, the Italian parliament (By Tim Naftali) aged advocates of a Geneva-based policy to argue that he intended to set a floor rather is meeting even at this time on the Today’s revelations in the New York Times than a ceiling for the treatment of detainees. issue of how those forgeries occurred. about the Bush administration’s internal de- And what about Secretary of Defense There is nobody interested around bate over how to treat foreign detainees Rumsfeld, who is in the military chain of here. You would think it was nothing. highlight the unprecedented role that Vice command? The reporting is still vague thus But the Italian parliament is worried President Dick Cheney and his staff are play- far on his opinion about the standards for de- ing in setting national security policy. In about how their secret service got in- tainees. Matthew Waxman, Rumsfeld’s dep- the Constitution, the vice president is the uty assistant secretary of defense, was a volved in these forgeries. Nation’s understudy. He is not supposed to But really more worrisome than the champion of incorporating Common Article be in the chain of command. Cheney knows Three into the new interrogation directive. forgeries and all of what went on there this better than most: In 1989, when he was But Rumsfeld himself reportedly said noth- is the continuing influence of the Vice George H.W. Bush’s secretary of defense, ing, even after the vice president’s office President’s office to set policy. I will Cheney slapped down Vice President Dan shot down the draft directive. Rumsfeld and include in the record an article in the Quayle for calling a meeting of the National Cheney go way back; Cheney worked for November 2 Slate magazine called Su- Security Council about a coup attempt in Rumsfeld in the Nixon administration. the Philippines while the president was out periority Complex that is talking Whatever else Rumsfeld’s silence means, by of the country. ceding this area to Cheney, the defense sec- about what has gone on in the Vice Yet now the Office of the Vice President is President’s office. This is another retary signals to the armed services that he dictating the rules by which the U.S. mili- doesn’t much care that their lawyers want to issue, but connected. tary interrogates and detains terrorist sus- bring U.S. policy in line with the Geneva Today we found out in the news- pects. This is being done subtly. All the Of- Conventions. papers that we have secret prisons. We fice of the Vice President has to do is infor- The military cares about Geneva’s protec- do not know where they are. Some peo- mally convey its opposition to complying tions because of the correlation that Amer- ple speculate they are in Poland, some with international law in this area, and any ican intelligence officers increasingly see be- such effort is thwarted. say they are in Romania. We know we tween Muslim anger at the United States for This is what happened to an attempt by human rights abuses in Guantanamo and have Guantanamo. We have bases in some officials in the Department of Defense, other places. And we are unclear about elsewhere and the virulence of the along with the lawyers of all the armed serv- insurgencies in Iraq and Afghanistan. In its how those people are to be treated. ices, to write a new directive on the treat- secret brief in a case involving the ACLU’s It was so unclear that the draft regu- ment of detainees. Since the Bush adminis- request for the disclosure of additional pho- lation was drawn up in the Department tration began sending foreigners captured tographs of the abuses that took place at of Defense. Some people in the Depart- abroad to Guantanamo Bay in winter 2001, Abu Ghraib, the government acknowledged ment of Defense did not agree with it, its refusal to afford them all the protections as much. guaranteed by the Geneva Conventions has so they let the Vice President’s office Ordinarily presidents assign their vice been, to say the least, internationally con- presidents some projects, usually with con- know, and the next thing we know, tentious. Now the military and some Pen- they sort of say, why do you not hold sultation, of course. Yet once Cheney focuses tagon officials are increasingly aware that on a policy, he dominates it. up on that, and it never happened. The this refusal is making American troops vul- So long as his views prevail in how the draft regulation never came out. It was nerable abroad by potentially provoking Bush administration treats foreign detain- to set a clear standard of how detainees other countries to respond in kind. The cur- ees, the military’s push to safeguard Amer- should be treated, how prisoners of war rent policy has also created confusion in the ican troops by respecting Geneva will be sty- should be treated, or whatever. armed services among interrogators who mied. were originally trained to follow Geneva and The people who did that were Mr. now don’t know which standard to apply. f Addington, who is now the Vice Presi- The goal of the drafters of the new directive dent’s Chief of Staff, and Mr. Libby. VOTING RIGHTS ACT EXTENSION was to set clear standards that are con- NOT NEEDED IN GEORGIA They set about to veto the whole idea. sistent with international law and with the Why is the Vice President’s office military’s rules since 1949. The SPEAKER pro tempore. Under a making these decisions? Where is the The draft directive drew upon the language previous order of the House, the gen- White House? Where is the Oval Office? from Common Article Three of the Geneva tleman from Georgia (Mr. WESTMORE- Conventions of 1949, implying that the Where is the President? Well, he is LAND) is recognized for 5 minutes. United States recognized the role of inter- Mr. WESTMORELAND. Mr. Speaker, missing in action. national law in governing how it treated de- If you look in the last year and a half tainees. Not everyone in the Pentagon was in 1965, Congress passed the Voting on that whole issue, the President said happy with this. Stephen Cambone, the un- Rights Act to stop the systematic civil that these people would be treated hu- dersecretary of defense for intelligence pol- rights violations that were the status manely and, to the extent appropriate icy, and William J. Haynes, DOD’s general quo in my home State of Georgia and

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9613 various other States. In those dark sight, then I challenge each and every hibiting cities from seizing unblighted days, the Federal Government rightly one of you to at least, Mr. Speaker, land for economic development in 2006. stepped in to extend the guarantees of look at the facts of today’s Georgia be- And Ohio is not alone. Excluding bills our Constitution to every American, fore casting a vote that does not affect prefiled for the 2006 legislative session, regardless of race. your constituents, but does affect the National Council of State Legisla- Georgians have worked together mine. tures found that 12 States have already closely for the past 40 years to heal the Georgia has fulfilled the vision of the taken legislative steps to prohibit in wounds of the past, and we have pro- Voting Rights Act and should be treat- some form or fashion the use of emi- gressed tremendously. Black Georgians ed the same as every other State. nent domain in private property sei- today are equal partners, not only in f zure. access to the voting booth but also to Today, we join in the fight on behalf PASSAGE OF THE PRIVATE PROP- elected positions of power. of all Americans who own or aspire to ERTY RIGHTS PROTECTION ACT In the parts of Georgia that experi- own their small piece of paradise and, enced the most oppressive and violent The SPEAKER pro tempore (Mr. more importantly, to own it without abuses of civil rights, that is in coun- KUHL of New York). Under a previous fear from unwarranted, unjustified, and ties and cities where African Ameri- order of the House, the gentlewoman unconstitutional seizure. cans are a majority, black Georgians from Florida (Ms. HARRIS) is recognized f for 5 minutes. are now the leaders of those local com- THE TRUTH ABOUT THE WAR IN Ms. HARRIS. Mr. Speaker, earlier munities. African Americans hold a IRAQ significant portion of the seats in the today I was proud to cast a firm vote in Georgia legislature, where many have support of the Private Property Rights The SPEAKER pro tempore. Under held positions of great influence. Nine Protection Act. While this measure the Speaker’s announced policy of Jan- uary 4, 2005, the gentlewoman from of our 34 Statewide elected posts are will not reverse the Supreme Court’s Virginia (Mrs. DRAKE) is recognized for held by African Americans, a percent- mind-boggling 5–4 decision in the Kelo 60 minutes as the designee of the ma- age that comes close to mirroring their v. New London case, it will ensure that American taxpayers will not have their jority leader. proportion of the State’s population. Mrs. DRAKE. Mr. Speaker, it is my Georgia Attorney General Thurbert hard-earned dollars used in its support. No State or locality shall be per- honor to be here tonight, along with Baker is an African American who has fellow colleagues and with the chair- twice won Statewide election to that mitted to employ the power of eminent domain to seize private property in the man of the House Armed Services Com- post. Our Statewide elected labor com- mittee, Duncan Hunter, to talk to you missioner is black, as are three justices name of economic development. In ad- dition, the bill will grant appropriate about the war in Iraq. on our State Supreme Court. Four Af- During my recent visit to Iraq, it was access to State and Federal courts for rican Americans hold seats in our 13 clear to me that our brave military those who seek justice and remedy for member House delegation. Two of men and women know what they are any nonmeritorious seizure of their those black members defeated white doing, why they are doing it, the property. candidates in majority white districts. progress they are making, and the There is no question that Americans African Americans have exercised threat to our world and our way of life do not wish to shirk their responsi- their electoral muscle for decades now if they fail. They see the big picture: bility to take care of their community in Georgia. Blacks in Georgia have Iraq is a key piece in a region-wide and through support for measures which higher levels of voter registration and worldwide struggle. participation than do whites. In fact, serve the public good. However, most What they wanted to know was what blacks in Georgia have higher registra- do not view fulfillment of this obliga- were the American people saying and tion rates than do most blacks outside tion as necessitating a forfeiture of thinking, and they wanted to know the South. their fundamental rights. Few rights why their stories are not being told, Furthermore, black and white can- are as central to the foundation of our and why their successes are not being didates for public office draw com- great Nation as is the right of control told. parable support from white voters. In over one’s private property. Mr. Speaker, recently there was a other words, black and white can- As James Madison laid out in the New York Times article that included didates of the same party win or lose at Federalist Papers, private property this quote. It says: ‘‘I kind of predicted the polls with similar vote percentages. rights lie at the foundation of our Con- this. A third time just seems like I am No longer will Georgians vote against a stitution: ‘‘Government is instituted pushing my chances.’’ But in reality, black candidate simply because he or no less for the protection of property Mr. Speaker, that was a much longer she is black. than of the persons of individuals.’’ quote that I would like for you to see With these facts in mind, I call on Madison’s declaration was echoed by and I would like for you to hear. What Congress to let Section 5 of the Voting Justice William Paterson in that quote said was: ‘‘Obviously, if Rights Act expire. Section 5 was imple- Vanhorne’s Lessee v. Dorrance (1795) you’re reading this, then I have died in mented as a temporary statute to cor- when he asserted: ‘‘The right of acquir- Iraq. I kind of predicted this. That is rect a specific problem. In the late ing and possessing private property and why I am writing this in November. A 1960s, the Supreme Court ruled that having it protected is one of the most third time just seemed like I am push- Section 5 was constitutional only be- natural, inherent, and inalienable ing my chances. I don’t regret going. cause it was narrowly tailored and rights of man. Everybody dies, but few get to do it for temporary. Mr. Speaker, I would sug- This does not require one to have ex- something as important as freedom. It gest to my colleagues here in the pertise in constitutional law to con- may seem confusing why we are in House that 40 years is more than tem- clude from these statements that the Iraq. It’s not to me. I am here helping porary. Framers did not intend for citizens to these people so that they can live the Now Congress is considering extend- cede their ‘‘natural, inherent, and in- way that we live, not have to worry ing Section 5 for another 25 years, to alienable rights’’ in the name of ex- about tyrants or vicious dictators, to 2030, without giving any consideration panding the local tax base or in the de- do what they want to do with their to the changes that have occurred velopment of one of our favorite lives. To me, that is why I died. Others since 1965. If there is a need for Section Starbucks or Wal-Marts. have died for my freedom. Now this is 5 today in Georgia, it must be needed As Justice Clarence Thomas noted in my mark.’’ Corporal Jeffrey B. Starr. everywhere. his dissent, the text of the fifth amend- We would all like to thank Corporal ment permits the taking of property Starr for his service, to tell him and b 1915 ‘‘only if in the public right to employ his family that America mourns their If it is good for Georgia, it will be it.’’ very great loss, and to say that he is a good for your State too. But if you do In response to the public concern of true American hero. not think your State election laws the Kelo decision, the Ohio State legis- We are here tonight to tell his story should be subjected to Federal over- lature recently passed a measure pro- and to tell the story of the very brave

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9614 CONGRESSIONAL RECORD — HOUSE November 3, 2005 men and women who are serving to and marines who are over there fight- buried alive up to 100,000 people and keep us free. First, I would like to ing and say, you know, we really re- killed over 400,000 people. There are start by recognizing Congressman DAN spect them; and then with the other more than 100 independent newspapers BURTON from Indiana. hand they say, oh, we ought to get out and magazines and 72 commercial radio Mr. BURTON of Indiana. Mr. Speak- of there right now. We ought to with- stations. None existed before under er, first of all, I would like to make a draw tomorrow. We ought to get every- Saddam Hussein. There are now 3,404 comment about what you just said body out of there, because this is a lost public schools, all kinds of projects, po- about the New York Times article. cause. lice and fire stations, health facilities, When you see what was said at the be- It is just not a lost cause. They went and new reconstruction projects going ginning there, written in the New York over there to do their duty and to stop on. Things are moving in the right di- Times, you immediately feel like, well, worldwide terrorism, and this is the rection, but they are not being re- this young man was saying, you know, focal point. It is really bad that we ported by the media in this country. this is something we should not be have people in this body on the other So, Mr. Speaker, I thank the gentle- doing, and I am just pushing my side of the aisle, in my opinion, that woman for yielding to me. I would just chances. But when you read the whole say, you know, they are doing a great like to end by saying that the war article, it is clear that he thought the job and we really support them and, at against terrorism is one that we can- life that he was giving for the freedom the same time, the sacrifices that have not and must not lose, and our fighting of those people was worth it. been made should be for naught, we men and women are paying the su- Mr. Speaker, he said in the last part ought to just bring them home. preme price over there right now, de- there: ‘‘To me, that is why I died. Oth- We are in a world war against ter- fending not only the rights and free- ers have died for my freedom. Now this rorism, a world war, and this is the doms of the people in Iraq and Afghani- is my mark.’’ major battleground right now. The rea- stan, but they are also protecting us as I mean, I cannot believe that there son we are not being attacked in large well. So I would just like to say God are distortions like that in the media. part here in the United States, in my bless them and thank each and every It makes me just cringe when young opinion, is because these young men one of them for what they are doing. men and women pay a price like that and women are making these sacrifices Mrs. DRAKE. Mr. Speaker, I would and write to their loved ones why they over there, in the middle of the storm, like to thank the gentleman for taking are doing it and why it was so impor- where terrorism has its genesis, where his time to join us tonight to talk tant that they made that sacrifice and Iran and Syria and other countries are about true American heroes and what then have them be mischaracterized by supporting terrorism. They do not they are doing. You will find it inter- a newspaper that has a preconceived want democracy to flourish over there, esting that today in the Armed Serv- idea of what ought to be done over because they know their days will be ices Committee, we had a panel of there. It really, really bothers me. numbered if democracy succeeds. Our three men, Marines and Army both, Mr. Speaker, in addition to that, my young men and women who are fight- who have served in Iraq. And when colleague, DUNCAN HUNTER, who is the ing over there are making their days they were questioned about media cov- chairman of the Armed Services Com- numbered, in my opinion. erage, they gave a couple of very inter- mittee, gave me this Congressional I would like to just make one quote esting comments. One told us he never Medal of Honor awarded to Sergeant from Sir Winston Churchill, when I knew the war was going so poorly until First Class Paul R. Smith of the United think about my colleagues on the other he came home. Another one told us States Army. I was reading this and I side of the aisle and they start talking that the Iraqi press is doing a wonder- was thinking about the sacrifices that about how we have to get out of there ful job of reporting what is going on these young men and women have right now. Sir Winston Churchill, who over there, those independent news- made to protect people and to make was one of the greatest leaders of the papers and magazines that you have sure that these people get the freedoms 20th century, he said in a speech that just referenced, now having 100 of them that we have enjoyed for so long. It he made entitle ‘‘We Shall Fight on the in Iraq. Servicemembers there feel that says: ‘‘Sergeant First Class Smith Beaches,’’ which is very famous, he the press is only reporting when bullets braved hostile enemy fire to personally says: ‘‘Wars are not won by evacu- are flying and not the progress that engage the enemy with hand grenades ations.’’ You do not win by retreating. they are making. and anti-tank weapons and organized The Iraqis now have almost 190,000 So I thank the gentleman for being the evacuation of three wounded sol- men in their armed services and their here, and I thank the gentleman for his diers from an armored personnel car- police forces over there. They are tak- comments. Mrs. DRAKE. Mr. Speaker, I yield to rier struck by rocket-propelled gre- ing up more and more of the fight the gentleman from Texas. nades and a 16-milimeter mortar every single day. As soon as they be- rounds. Fearing the enemy would over- come battle-ready and they can protect b 1930 run their defenses, Sergeant First Class themselves, you are going to see us Mr. NEUGEBAUER. Mr Speaker, I Smith moved under withering enemy starting to bring our troops home. But thank the gentlewoman from Virginia fire to man a 50-caliber machine gun we are not going to capitulate. Not (Mrs. DRAKE) for recognizing me. mounted on a damaged armored per- under this President, we are not, and Mr. Speaker, I have had the great sonnel carrier. In total disregard for not under the majority that we have in honor on two occasions since I have his own life, he maintained his exposed this Congress. been in Congress to go to Iraq and Af- position in order to engage the attack- Now, if the more liberal Members of ghanistan. I went early in November of ing enemy force. During this action, he this body want to cave in, if they want 2003 and then again back in March of was mortally wounded. His courageous to assuage the enemy and pat them on this year. What a difference those actions helped defeat the enemy attack the back, then that is what is going to months have made. One of the things and resulted in as many as 50 enemy be their legacy to this country and to that I was awestruck by was the soldiers killed, while allowing the safe this world; but I do not want to be a amount of progress that has been made withdrawal of numerous wounded sol- part of that, and I do not think my col- in the country of Iraq since the begin- diers. Sergeant First Class Smith’s ex- leagues on this side of the aisle want to ning of the war when we overthrew traordinary heroism and uncommon be a part of it either. Saddam Hussein. valor are in keeping with the highest Let me just say one thing that is not One of the things that I am puzzled traditions of the military service and being reported by the media that by is that, when I go back to the dis- reflect great credit upon himself, the should be, and it should be reported trict and start talking about how Third Infantry Division, Rock of the thoroughly and fully. Things are get- things are going in Iraq, my fellow Marne, and the United States Army.’’ ting better in Iraq. There are now Texans say, ‘‘Randy, why do we not Mr. Speaker, it really bothers me 196,000 Internet subscribers. There used ever get to hear about that when we when I see people come down here and to be almost none. Now there are 44 watch the news?’’ start in one way, giving an offhanded commercial television stations. None You know, that is a really good ques- compliment to our soldiers and sailors existed under Saddam Hussein when he tion. One of the things that I think is

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9615 important for the American people to On Saturday, unfortunately, I had about, you know, how they began to realize is the amount of progress that the opportunity to have to go to a fu- participate in this democracy and we have made over there. In a very neral in Dimmit, Texas, for Jacob whether it is at the local level or at the short period of time, we have liberated Dones. J.J. he is called by his friends. state level or at the parliament, but Iraq from a terrible dictator, a killer, a But you know what? It was an oppor- the commitment and the courage that murderer, and that country is moving tunity to go and be a part to celebrate they had already shown. forward to install a democratic govern- the life of a young hero. I think, as you have heard this story ment. That is happening. They have As I travel back and forth to Iraq, before if you have been to the theater, met every deadline that they have es- one of the things that I am awestruck about the fact that the insurgents are tablished for themselves. about is the enthusiasm and the dedi- now targeting the Iraqi people because In December, they will have a very cation and the commitment that our they realize what is going on over important democratic election to elect young men and women have to the job there, that the Iraqi people have a hun- their new parliament. that they are doing over there; and I ger for this new gift that we have given One of the other things that is going always ask them, is there a message them. So they are targeting these re- on that is so important is that the that you want me to take back home? cruiting stations where some people Iraqi people are participating in a And they say, ‘‘Congressman, tell the were killed maybe the day before, and major portion of the defense of their folks back home what a great job we the very next day there will be long country. That is an important part of are doing and how important it is that lines of young Iraqi men and women our strategy. we finish this job.’’ coming forth to serve. Our strategy is two-fold, to help the To get back to Lubbock, Texas, and It is very encouraging. I want the Iraqi people to learn to be able to de- back into District 19 each week, I trav- American people to know that they can fend their country themselves and also el and I stop at DFW airport. There are be very proud of their soldiers. to help them move in a way to estab- always young men and women going I want to thank Chairman HUNTER for ar- lish this democratic government. and coming from the battlefield, and I ranging this Special Order Hour tonight as well I think it is a great tribute to our always take an opportunity to say as all of my colleagues who are taking the men and women that, just the other thank you for your service. time tonight to honor our troops and show day, 63 percent of the Iraqi people And one of the things that they start, support for the brave Iraqi people. turned out to vote. I wish in some of without me even asking them, they Two and a half years ago, the United States our elections 63 percent of Americans say, ‘‘Congressman, it is important military and its allies embarked on a difficult, turned out. that we finish this job.’’ I wish you yet noble mission: Rid the world of a mur- You have to understand the condi- could see the children that are going to derous, lying, and unpredictable dictator and, tions that these people turned out. school, boys and girls that get to go to by doing so, allow the people who had lived Sixty-three million people turned out school now, and the fact that elec- for so long under the shadow of totalitarianism to vote in conditions where it was not tricity is on in parts of the country to experience the light of freedom. snowing or raining, but they were risk- that in the past it was not and that Our troops and the Iraqi people have risen ing their lives; and over 78 percent of water systems are in place and that an to each challenge in front of them. Estab- those people so far have supported this economy is beginning to emerge in lishing a democracy takes persistence and new constitution. Iraq. dedication, and the Iraqi people continue to On a recent trip back from Iraq we So, as I close and thank the gentle- prove that they are capable of this tremendous stopped in Amman, Jordan, where woman for this opportunity, I want to task by meeting each deadline on the way to about 120 or 130 Iraqi women had risked say to our young men and women, democracy. their lives and driven to Amman, Jor- thank you again. We pray for you. We Much progress has been made over the dan, to participate in a conference to are glad you are doing the job you are past 17 months on the political front. In June learn how to participate in this new de- doing. We are proud of you. And to of 2004, the Coalition Forces handed over mocracy that they are about to inher- those families we say thank you, also. control of the country to Iraqis. A date of Janu- ent. So God bless them, and God bless ary 30, 2005, was set to hold democratic elec- And one of the things was I was sit- America. tions for a transitional government. ting at the table with some of those Mrs. DRAKE. Congressman, I would Despite the threats of terrorists attacking women at lunch, and we were dis- like to tell you two stories about the voters at the ballot box, millions of Iraqis cussing different things about their Iraqi people. On my trip, I was quite turned out on January 30 for a historic demo- coming and risking their lives to come amazed, flying from Baghdad to Balad cratic election. to that. And I asked them, I said some in a black Army helicopter, very low This newly elected government was tasked people back home asked if the Iraqi and very fast over agricultural fields; with drafting a constitution and putting it up for people appreciate what the Americans and the people working the fields were a national referendum in October. Right on have done for them, and the allied waving at the helicopter. When we got schedule, on October 15, millions of citizens forces. to Balad, I commented, only to be told from Iraq’s eighteen provinces stood together This one lady, I will never forget, they always wave at us. to vote on a document that will guarantee and with tears streaming down her eyes, The second story was in Arizona this protect their rights and serve as a blueprint for she said, ‘‘Mr. Congressman, you have summer I went out for a congressional their nation’s future. to understand. We are mothers. We are meeting. Turned out my cab driver was In this latest vote, 63 percent of Iraq’s 15.5 wives. We are sisters. We are aunts. from Iraq. He has been here 16 years. million registered voters once again defied the And we understand the huge price that Still has family in Iraq. And he goes to threat of terrorist attacks and voted. The re- mothers and sisters and wives and Iraq on a contract working with the sult: 78 percent of voters backed the constitu- Americans have paid for our freedom. Iraqi troops. tion. And we shall never forget.’’ When he realized I was a Member of And the role of women in establishing this And it is important that America not Congress, he stopped the cab, turned fledgling democracy should not be overlooked. forget the tremendous contribution around and said, ‘‘I would like for you In April, I took a trip to the Middle East, includ- that our young men and women are to thank the American people for me ing Iraq. While on the trip I attended the Iraqi making. As I go around, I always take for what you have done.’’ He said, Women’s Democracy Initiative Training Con- an opportunity to thank the families, ‘‘When I go over there, it is like I am ference held in Jordan. At this conference, because, right along with our men and on vacation. There is only a few places women came from all parts of Iraq. Many of women that are in harm’s way, those where there are problems.’’ He said, the women tell me they were threatened be- families serve right beside them. They ‘‘You people work so hard and so long, cause of their desire to come to the meeting. are back home holding down the fort, I do not think that you ever sleep, and Several report that they were shot at. In total, making sure the kids get to school, you do it all for us.’’ about 130 women were in attendance. making sure the car gets fixed and the Mr. NEUGEBAUER. It is very hum- These women were thankful. I told them house is in repair. We cannot forget bling, and as we sat and participated that the folks back home want to know if the them. with those Iraqi women and talked Iraqis appreciate what America has done.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9616 CONGRESSIONAL RECORD — HOUSE November 3, 2005 They do, and they also realize the price that of the Members, of course, that have President, the Secretary of Defense, many Americans have paid. They said that been to Iraq and Afghanistan and the the Secretary of State, indirectly the they are mothers and wives themselves, and theater of operations are members of gentleman from California (Chairman they know that mothers in America have lost the Armed Services Committee. But I HUNTER), because they want to under- sons, and wives have lost husbands. think many other Members, of course, mine this team so that they, in the The military has seen its share of successes have been as well. next election, are in charge. as well. These successes began with the swift One of the best opportunities, Mr. Really, Mr. Speaker, I think we all removal of Saddam Hussein from power and Speaker, is to meet with troops, sol- need to realize that, that there is a lot his ensuing capture, and have continued diers, men and women from your own of politics here; and it is a dirty rotten through the creation of Iraqi security forces. State, indeed when possible from your shame that our soldiers, our brave men One by one, Iraqi Army battalions have own congressional district, and to have and women, are being used as pawns in stood up and joined the fight to defend their an opportunity to talk with them and, this political process. God forgive homeland. By the end of October, a total of more importantly, that they have an them. 206,500 Iraqi Security Forces have been opportunity to talk with us. We owe more to these troops than trained and equipped. The one thing that I can tell you that that. And I feel very strongly as a Parts of the country that a few months ago I never heard was, Congressman, it is member on leave of absence from the were hotbeds of insurgency are now controlled too hot over here. It is too dry over Armed Services Committee to come at by Iraqi forces. here. It is too dusty. It is too cold. I any opportunity I have got to take a Our military is now fighting shoulder-to- cannot sleep. I do not like the food. few minutes and to stand up before my shoulder with their Iraqi counterparts to track Congressman, can you not use your po- colleagues in this body and say, no, we down terrorists every day. Top al-Qaeda lead- litical influence somehow to get me will not forget you, you soldiers, you ers have been caught or killed. Stockpiles of out of here. men and women who maybe in high weapons and ammunition are being uncov- Of course, many of those soldiers, as school were not the football or track ered we heard from the gentlewoman from stars, cheerleaders, many of you de- Tough times—both politically and militarily— Virginia (Mrs. DRAKE) about the cor- cided to put off going to college and en- may still lie ahead for this young democracy. poral who was serving his third rota- joying the football weekends so you The terrorists will undoubtedly attempt to tion in Iraq, had that premonition in could serve your country. Some of you thwart the will of free people. And Iraqis will harm’s way, knowing that they pos- may have been pushed around, kicked need to return to the polls in December to sibly could be paying the ultimate sac- around by the schoolyard bully who elect a full-term parliament. rifice. None of them are asking us to does not know anything about a fair However, the Iraqi people have met their get them home. fight, but you had the courage to go challenges and have overcome obstacles at Last week, when the gentleman from and to serve this country as an all-vol- each step along the way. I am confident that California (Mr. HUNTER) had an hour, unteer military, whether you are ac- as long as Iraq and its allies continue to stand just as we are doing tonight, I had an tive duty, Guard or Reserve; and I have up against terrorism, I am optimistic that more opportunity then as well to say a few seen them all in the theatre of oper- successes lie ahead. words. I made a feeble attempt to re- ations at the tip of the spear. We owe The mainstream media has a habit of only cite that famous poem, In Flanders them so much, and I am proud to stand reporting the bad news coming out of Iraq. So Fields. I will not try to do that again up here as part of this team tonight. it can be tough for some Americans to remain tonight for my colleagues, because I I really compliment the gentle- optimistic about our efforts in Iraq. This would think all of you know it maybe even woman from Virginia (Mrs. DRAKE) for not be the case if everyone had the chance to better than I do. leading this team and for the gen- talk with many of the brave men and women But in the last stanza, though, it tleman from California (Mr. HUNTER) who are serving in Iraq. says, take up our quarrel with the foe, and my other colleagues that we have Since the War began in 2003, I have visited to you from failing falling hands we heard from and others who are going to Iraq twice. On each trip, I have had the oppor- pass the torch. Be yours to hold it speak. I am proud to be a part of this. tunity to talk with our troops on the ground. high, for if you break faith with us who Mrs. DRAKE. Congressman, thank Let there be no misunderstanding: our die, we shall not sleep though poppies you for coming and being with us. I am troops are proud of their accomplishments. grow in Flanders Field. sure on your trip that it was just like We should be too. What they are saying, and our col- on mine, I realized immediately these Because of our troops and the bravery and leagues tonight, Mr. Speaker, have said are people who have chosen to be here. fortitude of the Iraqi people, young Iraqi boys this repeatedly, we cannot break faith It is an all-volunteer force. I am sure and girls are attending schools. with these men and women, 2,000 plus you also saw, as I did, that many of Electricity is being restored to all parts of who have lost their lives, maybe 8,000 them volunteered to go to Iraq and to the country, not just the regions favored by a or so who have been injured, some, yes, go back to Iraq; and it is just so im- dictator. Iraqis are beginning to protect Iraqis. severely. The worst possible thing that pressive, the commitment that they Men and women are participating in the we could do would be to pack up and have given to our Nation and the words democratic process. come home, literally bring them home of our men and women just like Cor- And, most importantly, a ruthless dictator against their wishes. poral Starr. who terrorized his own people and his neigh- They would have no choice in that Mr. Speaker, I yield to the gentle- bors, and who had shown a willingness to ob- matter, if we listened to our colleagues woman from Tennessee. tain and use the worst weapons known to on the other side of the aisle. You man, is no longer in power and will stand trial know, you hear them, Mr. Speaker, b 1945 for his crimes. talking about how much they support Mrs. BLACKBURN. I thank the gen- Let me end with this message to our troops the troops and all of that. I do not tlewoman from Virginia (Mrs. DRAKE) and their families: We are proud of you, we doubt that. I am not going to stand up for doing such a wonderful job in thank you, and the American people continue here and suggest that they are not pa- hosting this. I thank our chairman, the to stand behind you. triots themselves and that they do not gentleman from California (Mr. Mrs. DRAKE. Next I would like to care for our troops and they do not HUNTER), for the excellent job that he recognize the gentleman from Georgia want to arm them and make sure that does in providing leadership for the (Mr. GINGREY). they have the equipment they need. I House Committee on Armed Services. I Mr. GINGREY. Mr. Speaker, I thank do not doubt for a minute that they think we also thank the family of Cor- the gentlewoman for giving me an op- support that. poral Starr for their sacrifice, and we portunity to share this time with her. But they are using our soldiers, our hope that they know we join them in Mr. Speaker, I have been to Iraq brave men and women, these young- their sorrow. twice, December of 2003, shortly after sters that we are talking about here to- Mrs. DRAKE. And for their willing- Saddam’s capture, then again in Feb- night, as pawns really to continually ness to share that that quote was ruary of this year. On each of those criticize and undermine the Com- wrong and to share the real quote, trips, they are bipartisan trips, many mander in Chief, the coach, the Vice something that personal.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9617 Mrs. BLACKBURN. That is so very these men and women did to change planted. My first visit there, I said true, and I thank the gentlewoman for this world. Iraqi is a khaki-colored country. It was noting that, for setting the record They do not cover the moments of covered with dust. straight. pure courage, pure courage and Over 15,650 houses have recently been As the gentlewoman was talking strength that these men and women connected to the Baghdad water dis- about some of her experiences, meeting and their colleagues committed and tribution system by USAID. In all, a taxi driver who was from Iraq and performed to fix a great wrong in this nearly 100 kilometers of mainline pipe how he stopped to say thank you, I was world. They only cover their deaths, have been installed in the Baghdad reading some things from my news and that is a tragedy, Mr. Speaker, be- area. clips. cause it was not in their deaths that Mr. Speaker, I could go on and on. Here is an article out of the Nashville they became heroes. It was in the day- We know America is once again en- Tennessean, today’s paper, November 3, to-day work on behalf of this country gaged in a great struggle that will in and an opinion column written by Jon- that they became heroes. They gave no uncertain terms decide what kind of athan Gurwitz who is a columnist for their lives for something they believed world our children are going to inherit. the San Antonio Express News. He is in. They were heroes long before the I want our men and women in Iraq to recounting a conversation and a visit tragedy of their death. We remember know we believe in them. We believe in with a Dr. Najmaldin Karim who is those lost not because they died but be- what they are doing, and we know that Kurdish and the headline is ‘‘Why this cause they lived and how they lived in this is going to improve the national war? Ask someone who is Kurdish.’’ putting others before themselves. security for generations to come. It is I was so touched by your examples Mr. Speaker, I cannot say that I do going to help preserve freedom. that, Mr. Speaker, I wanted to share a not stop and wonder if these losses Our military’s cause in Iraq is a quote in this. I think it is so relevant would be for naught; but when I am noble one, despite what some in this to the discussion that we are having doubting and if I am unsure, I talk body would have you believe. tonight. And I am quoting this Dr. with some of those who have served in In closing, I would like to give you a Karim: ‘‘The suggestion that Saddam Afghanistan and in Iraq, and I talk to quote, a part from Ronald Reagan’s Hussein’s dictatorship was a ‘stable’ their families and I know beyond a speech on the 40th anniversary of D- Day. He said this to the World War II form of government is outrageous to shadow of a doubt that we can win this veterans who were gathered with him Iraqis, not on the ideological fringe, es- because they know that we can win it. pecially the Kurds. The war in Iraq at Normandy: And, Mr. Speaker, they are living it; ‘‘You all knew that some things are didn’t begin in 2003. For the previous 35 they are seeing it firsthand every sin- worth dying for. One’s country is worth years Kurds, Shiites and anyone else gle day. dying for, and democracy is worth who threatened the oligarchy fought When I visit Fort Campbell in my dying for, because it is the most deeply against the suppression of their very district or spend time with our Na- honorable form of government ever de- existence.’’ tional Guard and Reserves, I see the vised by man. All of you loved liberty. Mr. Speaker, you know, this morning spirit of America and I see the commit- All of you were willing to fight tyr- I spoke on the floor about what we are ment and the drive to succeed. They anny, and you knew the people of our doing right to win the war on terror settle any doubts. They restore my country were behind you.’’ and the progress that we are making in confidence. They should be our inspira- Mr. Speaker, I hope my colleagues the battle in Iraq. And it seemed that tion in this battle. So tonight, despite across the aisle will join us in letting the minute I started talking there was watching Democrats come to the floor every man and woman in uniform and some conversation across the aisle. and beat the drums of retreat in the every family know this country is be- And one of my colleagues from the left war on terror, I want to recognize hind them. I thank the gentlewoman got upset, and then sure enough a Dem- those men and women in uniform who from Virginia (Mrs. DRAKE). ocrat Member follows me to the well we see in the progress, in the change in Mrs. DRAKE. As the gentlewoman during 1-minutes to speak against the that region of the world. was speaking, I thought I need to make positive changes that are going on in Let me just read a list of some of the sure that you know that just a few Iraq. accomplishments so that America, weeks ago in Washington, the Speaker You see, I think that the left in this those watching and those listening and of the Iraq National Assembly came country has to undermine this war and our constituents, will understand the and spoke to people who were able to undermine the resolve of the American great deeds of these men and women, attend that meeting, and it was ex- people in order to try to win elections our heroes who are in uniform. actly like the gentlewoman said. He next November. They have got to make As of October 24, 2005, a total of kept saying to us, there is no other op- you and me and every single one of us 206,500 Iraqi security forces have been tion. And that is exactly what you forget the bigger picture in this war on trained and equipped with the assist- have said to us and you have said this terror. They want us focused on the ance of the U.S. military. On election is where we are; this is what we have casualties and on the setbacks. And, day in October, as our colleague from done. We may go back a step, but we go yes, we take one step forward, we take Texas previously mentioned, 78 percent forward two or three more. We honor two steps back. It is going to be a long of voters backed the charter Constitu- those who have served and died, there- war, but we are making progress. tion, 78 percent of those that went to by remembering that there is no other They do not want us to ask what sort the polls voted for freedom, voted for option. We can only move forward. of damage will result from withdrawing democracy. And as our colleague from You also said very clearly who would from Iraq. They do not want us to ask Texas mentioned, 63 percent of Iraqis, have ever thought there would be a whether we would be better off with a 151⁄2 million voters, cast their ballot. Constitution in Iraq; who would have free Iraq. They simply want to point They took their life in their hands to ever thought there would be a National out all the negatives and demand with- cast that ballots. The Iraqi Constitu- Assembly in Iraq. It is a huge success drawal in order to declare America’s tion guarantees the rights of all its story. I think it is a miracle. I thank defeat, and then they believe they will citizens and enshrines the rule of law. the gentlewoman for being here and win elections. A new parliament will be voted on in sharing this with us. Unfortunately, the national media, December and will form a 4-year term Next, I would like to call on our one would believe for all intents and to government to take office by De- friend, the gentleman from Texas (Mr. purposes, is the public relations wing cember 31, 2005. CARTER). of the left on this subject. Day after Who would have thought that that Mr. CARTER. Mr. Speaker, I thank day the major newspapers editorialize was possible? Iraqis appear to be spend- the gentlewoman for yielding to me, in both their articles and on the op-ed ing more money, signs that consumer and I thank the gentleman from Cali- pages against our efforts in Iraq. They confidence is improving. As the gentle- fornia (Mr. HUNTER) for putting to- give extensive coverage to casualties woman from Virginia (Mrs. DRAKE) gether this opportunity to honor those and claim they do it to honor those mentioned, things are turning green in who serve our Nation in the war on ter- lost. But they do not cover the things Iraq. You see the fields that they have ror.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9618 CONGRESSIONAL RECORD — HOUSE November 3, 2005 I am up here speaking for the people we have got soldiers that have been exists, we have learned this lesson over of the 31st Congressional District of willing to do that and have done the and over and over in American history, Texas. How does the 31st Congressional job well. and if we do not support those who District of Texas have credibility to I remember when I was in Afghani- fight tyranny wherever tyranny exists, speak on behalf of these efforts in Iraq stan, the story I love to tell about a 20- then tyranny will take over that map and Afghanistan? I would like to tell year-old sitting looking at a screen of until tyranny controls the world. you a little bit about our credibility. a film of a drone that was broadcasting There will not just be no freedom in The first American soldier killed in pictures from the desert. And while we Iraq or no freedom in Afghanistan. combat in the war on terror is from were there, he went to his commander There will not be any freedom any- Georgetown Texas, which is 5 miles and said, Sir, there is a bunch of cam- where. Not even in the cradle of Amer- from my home; and every death in this els crossing out there in a part where ican liberty will there be freedom. war is absolutely critical to Ameri- there should not be any camels. And I What this is about, Mr. Speaker, is cans. So counting numbers, every num- thought, how does this kid know there the ability of Americans and others in ber counts. But the 2,000th death also are not supposed to be any camels in this world to live the kind of life that took place, this famous 2,000th death this part of the country? He said, I everybody wants to live, raise their that everybody in the press was just think there are people underneath kids, have a job, eat dinner at night salivating to see happen, it seemed to those camels. without fearing somebody blowing me, he was also from the 31st district, Three Blackhawk helicopters them up, walk the streets. It is for all Killeen, Texas. The people of the 31st launched about 180 miles away. We the world that we stand in the gap, not district, from Stevensville, Texas to were 180 miles from this location. And just for Americans, not just for Af- Round Rock, Texas, support our war, they caught nine Taliban crawling ghans, not just for Iraqis or others in support our troops, and support our ef- across the desert under the bellies of the Middle East. It is for the world forts in the war on terror. camels. that these young men and women stand The people of the 31st district know b 2000 in the gap. we were attacked in the most vicious I am very proud on behalf of the peo- attack that has ever been done on the My whole point of that story is: What ple of the 31st Congressional District of homeland in the history of the United kind of great, intelligent, smart kids Texas to tell you that we stand tall on States in our country, and we have re- are we sending over there and they are behalf of our soldiers. We know they taliated in force and effectively and putting their lives in harm’s way? This are the best of the best, and they will done our job. And who has done that was a smart kid, a computer operator win the war on terror because it is the job? Our 31st district’s III Corps went running a drone, able to know the right thing to do. over there. Fourth Infantry Division knowledge of the country, to know Lastly, we pray God’s blessing on went over there and captured Saddam where our enemy might be hiding. We each and every one of them and each Hussein. The First Cavalry Division have got the best of the absolute best and every family that is also coura- went over and ran a perfect election over there, the same kind of people geously allowing their family member and protected people as they went out that you run into when you go to Iraq to do the job that has to be done to and, as we have heard tonight, exer- and you talk to these kids. keep freedom alive and well in this cised their right to vote. I talked to a 20-year-old African country. So this is all about us. It is all We have committed two full divisions American kid. We were having supper. about the best of the best. God bless to this war, and the Fourth ID is on its He was from my district, and we have every one of them. way back right now as we speak. I have got a lot of them from my district. And Mrs. DRAKE. Congressman, thank been able to go over when both my di- I said, ‘‘Son, have you had any hot you for that. That was very moving to visions have been over there, and I spots that you have been in over here?’’ hear about your district and their com- promised General Thurmond and the And he said, ‘‘Yeah. Yesterday we were mitment to our great Nation. that guys I talked to about 2 months in a convoy. They made the mistake of I would like to explain this map to ago, I am coming back just as quick as shooting at us.’’ He said, ‘‘They will you, though. Because if you will look I can get over there right after the first not make that mistake again, sir.’’ He in the center of the map where it is of the year, because these are the fin- said, ‘‘When they stand and fight, they green, including the Horn of Africa and est human beings that have ever taken lose.’’ up through the Middle East, that is the up arms on behalf of our country. Our young men and women are doing short-term goal of the terrorists. This For those people to talk about cut- a fabulous job, and there is shame on is from their Web site. Is it not an ting and running, Americans do not cut anyone in this country who turns on amazing world we live in that terror- and run. You know, this House has a these noble people who are standing up ists have Web sites? That is their goal, shame on it when they turned on our for the freedom of the people in Iraq that everything colored in in green be soldiers in Vietnam, and I take that and Afghanistan and the freedom of the controlled by them short term. position and I am not backing off of it. United States of America. They are he- If you will look in the far corner over The liberal press shamed a great gen- roes. there, that is their 100-year goal. If you eration of people who did their duty Today, I am very proud to say that will notice, everything colored in in then and we, cannot afford to allow one of the first people in my district to green is our entire world. I think it is that to happen again for political expe- be wounded, seriously wounded, Allen important for the public to know this diency so someone can possibly use the Babbin, he has undergone close to 200 is not Thelma Drake saying this. This war to gain political advantage in the surgeries from a round that he took, is from their Web site and their goal, United States. winning the Bronze Star for pulling an- and this tells you what those very We are at war with evil people who other wounded soldier off a bridge in brave men and women that you have intend to do harm to American citi- the second day in Baghdad. Today, he just spoke so eloquently about, they zens, wherever American citizens live flew back home; and he is on his way to know this and they know the threat to or breathe or walk the street. We are full recovery because of the great work our Nation. unsafe with terrorism on the street, we of the Army, Navy, and Air Force in I also wanted to share with you a are unsafe in our Nation and in every getting him to the right kind of treat- quote from a letter that I brought with other nation on Earth because it is an ment. me tonight to talk about dated October evil cancer that can only be taken out Everybody is working the right way 11, 2005, from al-Zawahiri to al- by noble men and women who are will- in this job, and we bring shame upon Zarqawi. The quote is, because you ing to stand up on the wall and say we ourselves, and those who would criti- mentioned Vietnam and I think this is will fight for freedom, not only the cize these young men and women and important for us to remember: Things freedom of Americans, but the freedom the job they are doing bring shame may develop faster than we imagine. of the people that they are intimi- upon themselves, and I am sorry for it. The aftermath of the collapse of Amer- dating with their terrorism wherever We in America must remember: If we ican power in Vietnam and how they they may appear. And I am telling you, do not fight tyranny wherever tyranny ran and left their agents is noteworthy.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9619 So do not think they do not know I want to thank tonight those Ma- numbers, which dishonors those who and they are not watching. rines of the Second Marine Expedi- serve. I did not see any of my col- Next, I would like to recognize Con- tionary Force, the soldiers of the Third leagues who talk about these numbers gressman Geoff Davis from Kentucky. I Infantry Division, the solders of the standing with me as I buried a friend of thank him for being here. 101st Infantry Division, of the 173rd a friend who was killed in Al Qayyim Mr. DAVIS of Kentucky. Mr. Speak- Airborne Brigade in Afghanistan, of in June over at Arlington Cemetery. er, I want to take a moment to share a the Tennessee and Louisiana National They were back here at PAC fund-rais- perspective that I think is often lost in Guards who are rotating back into the ers and going to receptions and making the freedoms we enjoy, the freedom to United States, and all of those soldiers pointless statements in this Chamber meet in this Chamber, the freedom to who are moving in and out, the Ma- about things they know nothing about. reflect upon the great decisions that rines who are moving in and out, our More than that, I would suggest to have been made here through the gen- airmen and sailors who support this ef- you that these same people who want erations, The decision to enter into a fort, because you understand that you to talk about numbers and these lib- war, to provide freedom and the main- have accepted the call of the genera- eral reporters who do not care about tenance of our union, the decision to tions that is so important that many this Nation, who do not care about the free peoples in Europe and ultimately people do not realize. price that was paid for the freedoms preserve our security at home. The freedom we enjoy in this Cham- that they enjoy, where were you for the On December 7, 1941, President Roo- ber was brought to us by 10 percent of last 25 years? Where were you when sevelt stood in this Chamber and de- the population of this country who 16,000 American soldiers died between clared that December 7 was a day of in- chose to rebel against tyranny and 1983 and 1996 in service to this Nation? famy. He shared that this unprovoked stand for a principle that was higher attack which moved the United States Where were you when 24,000 American than dignity of the individual, the to war, eventually into Europe as well. men and women gave their lives be- rights and freedom of the individual, In the Korean War, we stopped Com- tween 1980 and 2004? Your comments, and that was purchased not simply in a munist aggression. In Vietnam, the frankly, are despicable, dishonorable, declaration, but to get to the Constitu- American people responded. During Op- uninformed, unhistorical, anti-intellec- eration Desert Storm, the American tion that gave us the government we tual and, frankly, un-American. But I people responded. have today was purchased in a great respect your freedom to make those In this Chamber in September of 2001, price in blood. statements, because they were pur- President Bush responded to an attack I am convinced that if today’s cyn- chased with the blood of all of those that was not brought about, my ical media had to cover the Normandy who served. friends, by some nebulous global war invasion, the greatest invasion in his- I would suggest that in this body on terror. I think it is important that tory that defeated the greatest tyr- that the liberal reporters who watch we understand this war is not about anny in history up to that point, had it and our enemies who watch and the some nebulous terrorist concept. This been reported by today’s media, to- soldiers who watch and those who want is about Islamic extremism that choos- day’s cynical media, today’s profit- to speak against this from their posi- es to impose itself on the world. These driven media, Mr. Speaker, I believe we tions of ignorance and political con- people who largely act as agents of would have lost that war. Because the venience, who use our soldiers: You states, these non-state actors do not Nation would have called for a pullout learned your lessons during the Viet- follow the teachings that they purport. because there was risk associated with nam War. Now you use our soldiers in Yet if we look more deeply, we see that that, because things did not seem to go a dishonorable way as human shields to they are seeking to be true to their in- well. Because when unforeseen cir- advance an idea that stands in con- terpretation of that religion. cumstances that always come up in travention to the freedoms that have In every generation there is a call war, and anybody who has served in the been purchased at such a high price. upon that generation to defend the military, let alone in this Chamber, un- I ask my colleagues on the other side freedoms that have been purchased at expected things happen. of the aisle who have been here for such a tremendously high price. To I find those who have not served who many years and like to speak with maintain the union of our country and are the great experts on military his- false authority: Where were you when to free those who were enslaved cost tory do not really understand what my friend Ken Maddock was killed 600,000 soldiers. In World War II, 444,000 they are talking about. Rather than from Task Force 160? Where were you soldiers gave their lives to provide commending our soldiers who have when my classmate from West Point, freedom; and now we are engaged in a adapted to a fluid situation and the Mike Scott, died? Where were you great struggle, a generational struggle great things that have been done to when Lee Border died or Brian Haller that has been imposed upon us. support them, they provide criticism of died in the 101st Airborne Division? I I think that it is important that we why could that not have been antici- saw no requiems in this Chamber. I saw understand that the freedom that our pated? no requiems on television for them. It minority leader had today to say, It is simple, my friends. We are fight- was not politically expedient. frankly, entirely inappropriate things ing an adaptive and motivated and, But now you disagree with the policy about our national leadership, the free- frankly, evil enemy that has a reli- when our Nation is threatened by ex- dom that all of us have to disagree, the gious doctrine that stands and flies in tremists, and soldiers and Marines and freedom that all of us have to offer al- the face of everything on which this airmen and sailors have responded to ternatives, the freedom that all of us country was founded, on which the that call, and you sit here mouthing have to protest, the freedom that re- Constitution was based, that respects your empty words. Casualties are al- porters who sometimes distort the the rights of the individual, the dignity ways a great tragedy. truth and, in fact, in many cases do not of a man, the dignity of a woman to I think the one thing that was most even report the truth but fabricate it, pursue opportunities in the way in poignant to me as I visited my old Air- all comes down to the men and women which they define. And when somebody borne Unit, I deployed to the Middle who have answered the call to duty. wants to impose an attack upon this East with the task force of the 1/508th It is always the same. It is always Nation, and one that was planned long running aviation operations in support the minority in the country that does before September 11, and attempts that of them, and I went and visited that that. Those who believe that there is were made long before September 11, unit today in Paktika Province in Af- something bigger in this country than we have no choice but to yield or to re- ghanistan. individual selfishness and covetousness spond, and we have responded. of the moment, that there is something Comments that have been made by b 2015 worth risking all to protect because of my colleagues on the other side that A CNN reporter came to one of the those who come behind us, because talk about casualties, I can speak with forward operating bases. There had they understand they are part of some- some authority on that issue, having been an attack on that base earlier in thing bigger than themselves, bonded buried some of my friends. I find it in- their deployment as they were clearing to something of greatness. teresting that they want to talk about out the enemies of freedom, and not

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9620 CONGRESSIONAL RECORD — HOUSE November 3, 2005 simply ending a military operation but as many of the children I saw in Af- fend freedom and stabilize the country’s civil bringing order and civil government ghanistan did at the Americans all the institutions. In January of this year, 2005, over and roads and sewers and the fact that time. He asked the little boy what he 8 million Iraqi citizens voted and reaffirmed the government can be good and the was concerned about, and he said that only weeks ago with the ratification of their people can be helped and they can be two bad men had come into the village constitution. What a pleasure it was to ob- part of something bigger than them- and put something in the road. That serve the Iraqi people defying intimidation and selves, which is not a tyranny, an ideo- little boy saved potentially American threats to define the course of their country’s logical tyranny. That reporter was soldiers. destiny. This dignity, denied them for decades, looking for bad stories and refused to The enemy were dealt with and that was afforded to them by the efforts of those cover the reenlistment of every soldier village is open and free, but Colonel people we honor today. in the 1/508 on that forward operating McGuire asked the question which en- As Veterans Day approaches let us not for- base who was up for reenlistment. That capsulates all of what this struggle be- get that the men and women serving today will is a tragedy, and that is unfortunate. tween radical Islamic extremism and join the ranks of those who have selflessly To me, I think the lesson that we the values of freedom and dignity of served this same mission to bring these free- have to ask ourselves is how do we get the individual that we cherish ex- doms to all people. We have ensured that around this, how do we avoid this prob- presses, and he said, Young man, why men and women, active and reserve soldiers lem. Well, the media is not going to be did you do that, knowing that there from each service, return to a grateful home- helpful to this country because I think was risk associated with what that boy land eager to honor their service and sacrifice. they have lost their connection with did. He looked at this airborne colonel Mr. KNOLLENBERG. Mr. Speaker, I rise the heartland of this Nation, with the in the 173rd Airborne Brigade, and he today to recognize our troops and to support people who have borne the burden of said to Tim, before you Americans our continuing efforts in Iraq. the price of freedom through the gen- came, I could not go to school. It is important that we recognize and honor erations. That is the contrast that we have our troops who are serving in the Middle East. Every generation of my family has here: freedom, opportunity, hope, true While progress is being made there are still served in the Armed Forces, not in glo- faith, or extremism, persecution, tyr- obstacles in the path toward a free and inde- rious ranks of generals and admirals, anny and hatred. Thank you for you pendent Iraqi state. The effort in Iraq is mov- but in the enlisted ranks, carrying the who serve. ing along steadily, and our forces are working rifles and manning the ships that pro- Mrs. DRAKE. Mr. Speaker, next, I in conjunction with Iraqi forces toward success vided the freedom for the people in this would like to recognize the chairman in many different areas. American troops are body to say the things that they have of the Armed Services Committee. Mr. fighting to secure and rebuild cities and to ex- said. And I would say this, Mr. Speak- Chairman, thank you for being here tinguish the insurgency. Our men and women er, I do not care about the media. What and listening to the true passion from in uniform are doing an exemplary job, and it we need to do is allow these soldiers our Members as they talk about true is essential for us to salute their efforts as and these marines to go into every edi- American heroes. they work to ensure stability in a historically torial board, into every Rotary Club Mr. HUNTER. Mr. Speaker, I want to unstable region. and chamber in this Nation and let thank the gentlewoman. She has done Politically, Iraqis have embraced the charter them tell their story. Let them tell a wonderful job of leading this Special constitution, and the Independent Electoral their story in the communities and in Order, and I want to thank all the Commission of Iraq reports that 78 percent of the fiscal courts. Let them tell their Members who participated. They did a voters were in support of its passage. This stories in the courthouses and on the great job, and I think our message to was a major step in their pursuit of a demo- street corners, and I guarantee you all of our troops, to everyone that cratic government and citizens’ rights through that these people who purport to be ex- wears the uniform of the United States political reconstruction. perts on things they know nothing is this: you have great value. You are Additionally, American forces are recon- about will be discredited and things our best citizens. Your cause is just. structing the services and infrastructure to will be shown for what they are. Be- You will prevail, and we will stand be- move Iraq forward. Electricity, water, edu- cause you cannot refute a 100 percent hind you. cation, and sanitation services are being es- reenlistment rate in units where these I thank the gentlewoman. tablished. Water treatment plants are being soldiers have borne this burden and Mrs. DRAKE. Mr. Speaker, I truly built throughout the country, bringing clean they go back over and over again. believe that history will name this gen- water to tens of thousands of homes. Power To you military people who are eration. And until they do, I have de- plants are being restored and refurbished, im- watching, I want to say thank you, as cided I am going to call them the Free- provements on transportation infrastructure a fellow soldier. To you who cherish dom Believers, because I think there is are being made, and the completion of school our freedoms, I thank you. For you in no greater gift that we give to our chil- renovation and construction projects will facili- the press who enjoy this freedom but dren and to our grandchildren than tate education for Iraqi children. you abuse it, know that the price that freedom. And so I thank them, and I The war on terror is progressing as well. is paid by those who frankly have thank the speaker for the opportunity Our troops are successfully breaking up Al greater moral character than you, who to be here tonight. Qaeda by detaining known terrorists and seiz- refuse to cover the truth of what they Mr. BUYER. Mr. Speaker, first, I want to ing weapons caches. Between the 15th and are doing, know that it is their sac- thank Chairman HUNTER for arranging for this 18th of October, a known Al Qaeda military rifice, not yours, that allows you to opportunity to comment upon the remarkable leader was killed during Coalition raids and share what you share. honor and valor of our United States soldiers. forces from the 172nd Infantry Brigade uncov- And finally, to those of our citizens One thing that I reflect on is the high quality ered 10 weapons caches and detained 16 in the heartland know that these men of leaders in our military that we are producing suspected terrorists in northern Iraq. Contin- and women are doing a great service to right now in Iraq. We have 1st lieutenants with ued efforts like these are what it will take to prepare the way for us to adapt to the two tours under their belts already. The seam- eradicate the threat of terror. 21st century; that we will have a safe lessness with which our Guard and Reserves Our soldiers are overseas creating these country and a community to pass these fight alongside our active duty is another tre- successes and they deserve our continued freedoms on to the next generation. mendous evolution benefiting this conflict and support. These brave men and women are I will leave you with a story from the paving the way for future military successes. risking their lives in order to protect our Na- 1/508, commanded by Colonel Tim We are making a significant investment in tion, our ideals, and our safety. They are fight- McGuire, as he was moving northward world peace with the strong commitment of ing for each and everyone of us, fighting for all from Shirana forward operating base to our men and women overseas. These brave that we hold dear not just in America, but also Orgune. He shared that coming back soldiers fight in a land they’ve never been for worldwide. I want to take this opportunity to from that mission a little boy ran from people they’ve never met to extend the funda- thank our Armed Forces for all that they have a village up to his convoy. He stopped. mental rights of liberty. done and to offer my unrelenting support for He did not speak Pashto, and the inter- The Middle East is yet another test of this their hard work and sacrifice as they continue preter asked the little boy what the commitment to liberty. Liberty is defended by to work toward the establishment of a free problem was. The little boy had waved, the vigilant who are willing to sacrifice to de- Iraq.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9621 30-SOMETHING WORKING GROUP Flying Crosses, 744 Air Medals, eight So I thank my colleague very much The SPEAKER pro tempore (Mr. ING- Purple Hearts and 14 Bronze Stars. for allowing me to thank our veterans LIS of South Carolina). Under the This is what it is all about. And there for their service to our country; and Speaker’s announced policy of January is going to be an event on Veterans with that, I yield back to the gen- 4, 2005, the gentleman from Florida Day that my colleague from Ohio and tleman from Florida. (Mr. MEEK) is recognized for 60 minutes I, and even our good friends from Flor- Mr. MEEK of Florida. I just want to as the designee of the minority leader. ida, I am sure, will not be able to say to both of my colleagues from Ohio Mr. MEEK of Florida. Mr. Speaker, make, but we want to take this oppor- that it is so important that we recog- once again it is an honor to come be- tunity here on the House floor to honor nize not only veterans, but we recog- fore the House. As you know, we come those men who provided a tremendous nize celebrations that hold our vet- to the floor nightly to talk about the example for our whole Nation. erans up. The Tuskegee Airmen had a issues that are facing Americans and Mr. STRICKLAND. Mr. Speaker, will very hard time in their day to even also what Members of Congress are try- the gentleman yield? climb into an aircraft, let alone go into ing to do about them. Even in cases Mr. MEEK of Florida. I yield to the a theater of battle. But it is good for when we are not trying to do anything gentleman from Ohio. our country to be able to recognize about it, we think we need to bring Mr. STRICKLAND. I thank my friend past sacrifice and commitment. I know those issues up. for yielding, and it is true that as the all veterans shoulder to shoulder today Mr. Speaker, we want to take the op- folks gather there in Youngstown, know that every American fights for portunity tonight to honor some great Ohio, we will not be able to be with the freedom of this country and coun- soldiers and warriors, the Tuskegee them, but our thoughts will be with tries that are in our coalition in the Airmen, for their contributions to our them as we honor veterans. And espe- civilized world. country. cially we will remember the Tuskegee I can share with my colleagues that I Mr. Speaker, when I traveled to Iraq, Airmen. have many Tuskegee Airmen living in I had an opportunity to see the The Tuskegee Airmen have the dis- my district in Florida. They come out Tuskegee Airmen Wing there in Iraq, tinction of never having lost an Amer- with their red coats on, and it is so still running strong, still flying sorties, ican bomber under their escort. The good to see them standing strong with and still defending this country in Tuskegee Airmen overcame the enor- their chests out. As you know, the NFL many ways. Even in some other thea- mous challenges of prejudice and racial has built a very strong relationship ters, they have done an outstanding discrimination that existed within our with the Tuskegee Airmen. They ap- job. country, and they inspired revolu- pear at a number of the NFL, National I am so glad to be here tonight with tionary reform within the entire Football League, half-time shows. my good friend, the gentleman from Armed Forces of our Nation. So we need to see our heroes and our Ohio (Mr. RYAN), who has some com- The Tuskegee Airmen, with their sheroes while they are here, and not ments that he would like to make; and courage and their dedication, paved the just look in a book and say, it was so I yield to him. way for the full racial integration of once, not only with the Tuskegee Air- Mr. RYAN of Ohio. Mr. Speaker, I our Armed Forces. The Tuskegee Air- men but veterans in general who come thank the gentleman from Florida for men were not only heroes serving to out. this opportunity to be here with him protect American rights that did not Mr. Speaker, I want to thank both of tonight, as we do every night; and I extend to them as Americans, but they my colleagues for bringing this to the want to take this opportunity for a were also among the very first to chal- floor tonight and putting it in the CON- couple of minutes here with my col- lenge our Nation’s segregationist poli- GRESSIONAL RECORD, because I think league, the gentleman from Ohio (Mr. cies. Because of them, because of the every time we have an opportunity to STRICKLAND), who is also here to recog- standard they set, because of the suc- celebrate those who have allowed us to nize the impact that the Tuskegee Air- cess they enjoyed through their hard salute one flag, we need to take that men have had not only in Alabama, work and commitment to this country, opportunity at the highest levels. where they did the original training, our Nation became a better country. Mr. Speaker, with that, I might men- but all over the country and the kind As we honor all veterans, we espe- tion that my colleague, the gentle- of impact and leadership that they cially are thinking of these wonderful woman from Florida (Ms. WASSERMAN have set out for all of us, quite frankly, men who set such an example for all SCHULTZ), has just joined us; and we to try to achieve. the rest of us. I yield back to my col- now have another of our special guests November 11, Mr. Speaker, marks the league. with us, and I will leave it up to my 51st year we have honored veterans. Mr. RYAN of Ohio. Mr. Speaker, if colleague to recognize him. Memorial Day recognizes those people my colleague from Florida will con- Mr. RYAN of Ohio. Well, my two who have unselfishly given their lives tinue to yield, I just want to get this mentors in Congress. Really, just to in service to this Nation. Veterans Day into the CONGRESSIONAL RECORD. The see you two standing next to each honors all those who defend democracy speaker on November 11 in Youngstown other puts a little lump in the throat. by serving in the Armed Forces. is going to be Luther H. Smith at the The good gentleman from Massachu- The beautiful thing, Mr. Speaker, VFW Post 6488’s annual Veterans Day setts, who we have been getting e-mails about the Tuskegee Airmen, when they program. about from folks that say they just were set up during World War II, these This gentleman epitomizes what it love the accent from Boston. black military pilots were trained at a means to really be a hero. He received Mr. DELAHUNT. Well, I cannot un- separate air field in Alabama, his military aviation training at the derstand why anyone would ask about Tuskegee, Alabama, therefore named Tuskegee Army Air Field in 1942, and my accent, because I would submit the Tuskegee Airmen. The establish- he then became a fighter pilot with the that I am the only person in this ment and the training of the airmen all-black 332d Fighter Group. He has Chamber tonight that does not have an was an experiment to prove that blacks said of the Tuskegee Airmen: ‘‘We accent. were incapable of operating expensive didn’t start out to be heroes, but now Mr. RYAN of Ohio. I would also like and complex combat aircraft. we are legends.’’ to welcome our good friend and my col- The true spirit of those men came Mr. Smith is credited with destroy- league, the gentleman from Ohio (Mr. through, however; and instead of the ing two German enemy aircraft in aer- STRICKLAND), who has been a voice for expected failure, the Tuskegee training ial combat and 10 German aircraft in the underprivileged for the past 10 program produced 992 graduates, 450 of ground missions. So we want to wel- years in Congress. Prior to that, he was whom served in combat. They flew come Mr. Smith not only into the CON- a psychologist in prisons, a very dan- more than 15,500 missions, destroyed GRESSIONAL RECORD but to the VFW gerous job; and he had many other ca- 260 enemy aircraft, sank one enemy de- Post 6488 in Youngstown, thank him reers prior to coming to the United stroyer, and demolished numerous for his service, all Tuskegee Airmen in States Congress. enemy installations. During World War Youngstown, and all veterans on Vet- So we have a heavy bunch here, along II, the airmen earned 150 Distinguished erans Day. with our good friend, the gentlewoman

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9622 CONGRESSIONAL RECORD — HOUSE November 3, 2005 from Florida (Ms. WASSERMAN What they have done here, Mr. Mr. MEEK of Florida. Mr. Speaker, SCHULTZ), who keeps us all together Speaker, and when I say ‘‘they,’’ I here is another one just today from the and brings a little class and elegance to mean the majority side, is they are Budget Committee. This is not some- the whole operation and some sense saying there are not any offsets or cuts thing from yesterday. It will probably and some civility and a little bit of in this bill; but what they are doing is come out in the hometown paper to- grace. they are putting 27 percent additional morrow, but the Members here in this Ms. WASSERMAN SCHULTZ. fees on students that are receiving stu- Congress, Mr. Speaker, will get what Thanks. dent loans. Now, that is 27 percent happened in the Budget Committee Mr. MEEK of Florida. Well, without more that they have to pay. Some today because that is where they put her, I do not know where we would be folks call it a tax. So one would think the cookie on the bottom shelf. I mean, as relates to being able to deliver a we are just talking about students. We that is when it happens. The same clear and crisp message that people can are also talking about parents. When thing, a motion to link the tax cuts to understand. She is our translator. She the students cannot pay for their edu- spending cuts. translates from Washington talk to ev- cation, who kicks in? Mom and Dad, This is what is going to happen, Mr. eryday talk so that even some Mem- family, Granddad, Grandmother. She is Speaker, and we might as well call it bers can understand and the American digging into the retirement fund to so that everyone knows exactly what is people. help pay to make sure that her grand- going to happen and illuminate what With that, since we are talking about son will be able to go to school. They the majority is doing right now. We are those who are underprivileged, and continue to carry the message on down going through all of this process with those that are trying to, hopefully, be of adding these new taxes on to stu- all of these cuts, a real big number as a part of our workforce in the future, dents and families on the State govern- it relates to the cuts; and then a couple there is an awful lot to talk about, a ment. of weeks from now when folks are lot of ground to cover tonight, so we Mr. RYAN of Ohio. Mr. Speaker, will doing something else, the majority is are going to try to cover it real quick- the gentleman yield? going to come up with the tax cuts for ly. Mr. MEEK of Florida. I yield to the billionaires. They may give everyday A lot of action here under the dome gentleman from Ohio. Americans a little tax cut, just a little today. The Budget Committee met. We Mr. RYAN of Ohio. Mr. Speaker, the one. are talking about those that play fiscal interesting point that our friends al- Meanwhile, back at the ranch, we conservatives on television and those ways make is if we tax corporations, have Katrina, which was a catastrophic that are actually looking out for the fi- then they just pass it on to the con- storm that took out the gulf coast. We nancial well-being of our country. I sumers. So they raised fees, and it is had Rita that also hit the gulf coast, might just say that as the 30-Some- getting passed on too to the students. and we have Wilma that we are going thing Working Group looks at issues As we go through this tonight, let us to talk about in a minute that also hit that are facing young people and par- ask other Members, Mr. Speaker, to south Florida. And we have this thing ents that have children that they want pay very close attention. I do not think we call a war in Iraq and Afghanistan to be able to go to college, Mr. Speak- it is a coincidence that the very pro- that we need money for. er, and receive a higher education, grams that are getting cut, student I am saying this to make this point there are a number of things that we loans, Medicaid, school lunches, these and then we are going to go to the next have to cover. just happen to be by coincidence the level here: the President of the United programs in Washington, D.C. that do States and this Congress, Mr. Speaker, b 2030 not have lobbyists. There is no one have borrowed more from foreign gov- Not only the budget. We have Hurri- down here greasing the wheels, putting ernments than 42 Presidents combined. cane Wilma. We have the Hurricane money into the Republican campaign Since the Republic started, this Presi- Katrina investigative panel. We have coffers for student loans, for the fees to dent has outborrowed from foreign na- issues as they relate to Iraq and be decreased. There is no big lobby tions. In the 224 years, from 1776 to the misspending there. And at the same group out there for that. year 2000, the U.S. Presidents borrowed time, we have a culture of corruption And there is no big lobby group out a combined $1 trillion from foreign and cronyism and coverups going on there to make sure that poor people governments and financial institu- here, right here in the capital city. have the proper kind of health care tions, according to the U.S. Depart- I just want to bring a quick point that they need. So as we go through ment of the Treasury. In the past 4 just to start us off tonight. Some folks this tonight, it is important for all of years alone, President Bush and the run around and say, what is the Demo- us to remember that it is not a coinci- majority of this Congress have been au- cratic position? Well, the Democratic dence that our friends cut programs thorized and borrowed a staggering position is making sure that the every- where there are not big lobby groups $1.05 trillion, just in 4 years. day American does not end up paying and big donors and then they keep the Folks come to the floor and they are the bill for billionaires, billionaires, programs that have corporate welfare dazzled on the other side. Why are they not everyday Americans, but billion- in them or that the lobbyists want. talking about all of these things? And aires, to run away with the U.S. Treas- Then they are off to shakedown street, we come to this floor night after night ury and special interests to have free K Street, which is where all the lobby- and say, you know something. Some- rein on the U.S. Treasury. ists are. They go down to shakedown thing is really wrong going on here, Now, I do not blame the billionaires street, shake down the lobbyists. The and we need to bring this to the atten- for getting what they get. I do not lobbyists donate money to the Repub- tion of the American people. blame the special interests in this town lican Party, and they keep the system I have a little chart here that I just for getting what they want. I blame going. want to get out of the way right now. those that give them what they want Mr. MEEK of Florida. Mr. Speaker, We will pull it up. Forty-two Presi- when they want it. And it is up to us, reclaiming my time, that was a party- dents, Republican and Democrat, 42, as the representatives of the people, to line vote. A 27-percent increase, which not 10, not 20, not 25, not even 30, but make sure that that does not happen I call a tax increase, on students that 42 Presidents. One President, one Presi- and that we work on behalf of the want to go to school, 27 percent, a dent outborrowed 42 Presidents from American people. party-line vote. Democrats voted not foreign countries. Representatives KIND, CAPPS, ED- to increase those fees on them. Repub- What has happened here, Mr. Speak- WARDS, MOORE, and SCHWARTZ moved in licans voted in the majority. er, is that the country is now depend- the Budget Committee today to direct Mr. RYAN of Ohio. Sixteen Demo- ing on foreign governments to run our the chairman, on behalf of the com- crats voted to reduce the fees, elimi- government. Some folks may ask why mittee, to consider an amendment in nate all fees that would increase the are we talking about the billionaire tax the Deficit Reduction Act of 2005. The cost of receiving the loan. Sixteen cuts? We are talking about those tax amendment eliminated all new stu- Democrats voted for that amendment. cuts because it is weakening a country, dent-paid fees to increase the cost to Twenty-two Republicans voted against bottom line. That is all that is hap- receive a student loan. that amendment. pening here.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9623 Ms. WASSERMAN SCHULTZ. Mr. not to do what they are trying to do, I knew that I would be sending other Speaker, will the gentleman yield? not to harm people who are most in mothers’ sons and daughters into a the- Mr. MEEK of Florida. I yield to the need, particularly in exchange for pre- ater of war, and I wanted to make sure gentlewoman from Florida. serving tax cuts for our wealthiest citi- that I had my facts straight. And when Ms. WASSERMAN SCHULTZ. Mr. zens. they told me that there were weapons Speaker, I am champing at the bit here Just in student aid alone, they are of mass destruction and they located because he is absolutely right, and one proposing a cut of more than $14 billion the location, they showed us on the of the things I want to emphasize, be- from the student aid program, which is map where these weapons were located cause I think in the last few nights we the largest cut in history to Federal in Iraq, and when they talked about have not gotten this point across to student loan programs. On top of that, nuclear capacity within 6 months to a the Speaker and to the folks who it increases the cost for student bor- year and shared with us the strong al might be hearing this conversation this rowers who are already saddled with Qaeda ties to Iraq and assured us that evening, the purpose of the 30-some- about $17,500 in debt. They will be there was an imminent threat, I sup- thing Group, the main purpose, is for forced to pay $5,800 more for their col- ported the President based on those us to help get some understanding out lege loans. In my community that is issues. to our generation about the issues that really real money. b 2045 we are debating in this Congress and Mr. RYAN of Ohio. That is a lot of how it affects them. And the student money. But I bring that up because that is so aid cuts that the gentleman was talk- Ms. WASSERMAN SCHULTZ. That is much a part of what we are seeing now. ing about just a few minutes ago, more real money. I do not know a lot of peo- There is deception, there is deceit. than any other issue almost, is the ple who can just reach into their pock- Remember when they said it would easiest for folks in our generation to et or go down to their local bank only take about 100,000, 150,000 troops understand how it impacts them. branch and yank out $5,800. to go in? There was one general that What maybe is not so obvious is what Ms. BERKLEY. Mr. Speaker, will the said we would need half a million Congressman MEEK was just talking gentleman yield? troops. What did they do? They retired about a minute ago. The Republican Mr. MEEK of Florida. I yield to the him. leadership, our friends on the other gentlewoman from Nevada. When the Budget Director, Mr. side of the aisle, will try, as they put Ms. BERKLEY. Mr. Speaker, I am Lindsey, said it would cost $200 billion, forth this reconciliation act, AKA not part of the 30-something Group, but and we are there now, they said, no, no, budget cuts, because reconciliation and I was about 20 years ago. no, it is not going to cost us anything. other words that are used inside this Mr. RYAN of Ohio. You are now. It is going to be the oil revenue coming Chamber and in this Capitol, that is Ms. BERKLEY. I thank the gen- out of Iraq that is going to pay for this Washington speak for budget cuts, the tleman. I have to tell my colleagues war. We went ahead with that based on budget cuts that they are saying they here that I have been watching them their justification and what they said. are going to need to put forward to ad- speak up about the things that I care I want to know and I want to have an dress the deficit and to address the out- very passionately about, and I thought investigation. Because when I voted, I of-control spending that they have en- it was about time that I came down voted on a certain set of cir- gaged in are not for Katrina relief, are here and lent my support and my voice cumstances, and the American people not being put forward so that we can because they should not be carrying are entitled to know why their sons pay for Katrina and for the aftermath the burden for the rest of us. and daughters are dying in a foreign of Katrina. They are so that they can When they talk about student loans, land. preserve the $70 billion in tax cuts that I went through college and law school Did we have to do this? If we did, they have put forward. on student loans. My dad was a waiter where are we going? And I want to tie Let us boil this down to its simplest when I was growing up, and there was this in to the budget, because we are terms. They will represent and have not very much money, and no one had standing here today and knowing that been representing that they have to do gone to college in my family until I next week we are going to be voting on these cuts because the impact from went to college. And without those stu- a budget that is an embarrassment to Katrina is so significant and we have dent loans, I guarantee I would not be me. got to do something. We have got to standing here today. So I put myself in When I was growing up, I always get a handle on the spending. Why does the place of thousands and thousands wanted to serve and be a public servant getting a handle on the spending have of Nevadans and millions of Americans and be in this great body. I never be- to be on the backs of the people who that are depending on those student lieved I would be taking student loans can least afford it and we are going to loans to make a difference in their away from youngsters who are just like enrich the backs of the people who do lives. And getting that college edu- I was. I never dreamed I would be tak- not need help? cation does not change only one’s life. ing poor children and keeping them Mr. RYAN of Ohio. Mr. Speaker, if It changes the entire direction of one’s from getting the health care that this the gentleman from Florida will con- family. It is an investment in our fu- Nation should be providing for them so tinue to yield, I think it is quite inter- ture. that they can grow up to be strong esting too that our good friend Jim And I wanted to share with my col- adults. I never dreamed that women Wallace, an evangelical preacher, and leagues that a couple of days ago when that depended on child support for several others from religious organiza- Senator REID took to the floor of the their children, that we would be taking tions, are stepping up and trying to United States Senate, as a fellow Ne- away the money to find the deadbeat pressure the Republican Party, who vadan, I do not think I have ever been dads. have called themselves Christians and as proud of him as I was a couple of This, to me, is absolutely an affront who have utilized the Christian right days ago, and I have been pretty proud to what it is to be an American. We and the label of the Christian Coalition of that man for a number of years. But have an obligation to our fellow citi- and yet in the very next breath they I think he gave us all a voice. And zens, and I am afraid and I am embar- cut poverty programs, cut programs for what he said was that we wanted to rassed that we are not living up to our average people. I find that horribly give this government back to the obligations. hypocritical. American people. The American people But we are in the minority. We can- Ms. WASSERMAN SCHULTZ. Mr. are entitled to know what went on in not get anything done in this body. It Speaker, I wanted to be even more spe- the decision-making process to take is the leadership of this body in par- cific, because he is absolutely right. this country to war. ticular that has to do what is right by The groups that are out there trying to I sit on the Committee on Inter- the American people. help those in need are opposing these national Relations, and I went to every As the gentlewoman from Florida cuts. Every major religious institution classified briefing and every confiden- (Ms. WASSERMAN SCHULTZ) said, why has sent letters to our Speaker, to this tial briefing because I am the mother would we be giving more tax cuts to Republican leadership, asking them of two sons who are 20-somethings, and the wealthiest people in this country

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Mr. Speaker, take the opportunity to get your dead- tion that I received, and I defended my reclaiming my time, the gentleman is beat father to give you the money, to position. Not only did I defend it, I was hitting it right on the head. We talked pay their child support, why would you an advocate for it. If it was wrong and about the carpenter hitting the nail take that away from people? based on faulty information, I owe it to right on the head the other night. I can This is foolish and shortsighted, and my constituents to let them know tell you that, even now as we speak, in it is desperate, and the reason we are that. committee today a budget passed out desperate is because of that war and Mr. DELAHUNT. Members should be of the committee on partisan lines the mistakes that we made going in to aware of the fact that the Republican with one Republican, one Republican, it. This administration had better chairman of the Senate Intelligence voting with the Democrats to stop this come clean. We owe it to the American Committee, PAT ROBERTS, it was re- madness. people. This stonewalling truly has to ported, recently said that if the infor- One day, if this continues, if this con- end. It is an embarrassment, but it is mation had been available, he doubted tinues, let me just say, in all fairness bad for this county. that the resolution authorizing the in- to President Bush, he did not do it That is the main reason why I am vasion into Iraq would have passed the alone. The majority had to be along standing here today, because I care United States Senate. That, to me, with him on this. The majority Senate enough about the American people, I really spoke volumes. had to endorse this, that it is okay for care enough about my constituents. But if I could just for one moment you to knock on the door of the Bank My constituents are going to be hurt get back to a point that was raised by of China and say, and when I say China, very badly. Two hundred thousand of the gentleman from Florida (Mr. MEEK) I knew the gentleman from Ohio (Mr. my fellow Nevadans are going to be earlier, and if he could again just show RYAN) was going to get excited, but without health care if they cut that that chart to our friends and col- knock on the door and say we need Medicaid. I have got 18,000 students leagues. more money. If this continues, one day that are going to be cut away from Let us just read the title again. one of these countries is going to rise that student loan program. Over the ‘‘President Bush does in 4 years what 42 up and say ‘‘we own you’’ on behalf of next 5 years, funding for that child sup- presidents managed in 224 years,’’ and the majority. port collection is going to be cut by $60 that is borrow from foreign govern- Mr. RYAN of OHIO. If the gentleman million. We should not be doing that. ments, borrow from foreign govern- will yield, the Republican Party has I am here to share these statistics ments the moneys needed to finance been in charge of this Chamber since with you so you know how devastated the war and finance a tax cut that is 1994. They have had control of the Sen- the State of Nevada would be if this primarily created to benefit 1 percent ate for a number of years. They have Republican reconciliation plan goes of the American people. had the Presidency since 2000. They through. Now, the President speaks of an cannot govern. They are incapable of Ms. WASSERMAN SCHULTZ. Mr. ‘‘ownership society.’’ We have heard governing this country. Speaker, if the gentleman will yield that term before. I think it was inter- We have poverty rates up, we are cut- further, if I can just say one thing, preted by most of the American people ting programs that are investments first of all, it is such a pleasure to see that they would have the American into the United States of America, and you and have you join us tonight. The dream realized for themselves and we have borrowed over $1 trillion in gentlewoman from Nevada (Ms. BERK- their children. But what is happening just 4 years from foreign countries, and LEY) has been an amazing advocate for is America is being mortgaged. Amer- the national debt is above $8 trillion. the people who are on this floor to- ica is being sold. That is not governing. That is not pro- night championing their cause. Those Mr. Speaker, I know that you are viding a bright future for the country. of us in the 30-something generation aware of this and many of our col- Talk about reducing the tax burden. have had an opportunity to stand on leagues, that when debt issues from the The burden on average people is higher your shoulders for the years you have Treasury Department, who is pur- now, and these kids that we are also been in Congress and been in the legis- chasing that debt? It is the Chinese cutting their student loans and health lature in the State of Nevada fighting Central Bank, the Japanese Central care for are the same kids that are for the people that have no voice. That Bank, the Korean Central Bank, indi- going to have to pay the interest on is really why we are here. We are so viduals and governments in the Middle the money we are borrowing, which glad and privileged to have you join us East. We are being bought by foreign never seems to be recognized by our tonight to take up this fight. governments that do not share our val- friends. Ms. BERKLEY. Mr. Speaker, if the ues. Ms. WASSERMAN SCHULTZ. If the gentleman will yield further, I think So not only are we becoming eco- gentleman will yield, $8 trillion is a the gentlewoman is being overly gra- nomically dependent on this debt that really, really big number, a difficult cious in her compliments. I appreciate is being purchased by, in some cases, number for a lot of people to get their it, and I want to return them by telling potential adversaries, but we are erod- minds around in terms of a concept. you how very proud I have been of the ing our own national security. What if Tell us, how much money does that three of you standing here every night we have political differences with any translate per man, woman and child in in the well of the House telling the of these nations? America? American people the truth. That, un- We constantly hear from the Repub- Mr. RYAN of Ohio. That is $27,000 for fortunately, has become a rare com- licans a concern about Taiwan and each person. So if you are a baby born modity in this House. what the Chinese are doing in the For- today, right now, my nephew, Nicholas, Mr. DELAHUNT. Mr. Speaker, if the mosa Straits. There is a lot of chest- born 3 weeks ago, he owes $27,000 to pay gentleman will yield, I am just so im- thumping about we cannot let that for the debt. pressed with my friend from Nevada, happen. But if we get right down to it, Now as we look at the numbers, as and I really do mean that so sincerely, we are beholden to the Chinese Central the gentlewoman stated earlier, he is to come here and to acknowledge that Bank. We are selling our country to going to go to college and have to bor- the vote that was taken 3 years ago foreign interests. That is why this is so row money, $17,000, $18,000, now an ad- was a mistake because the American shocking. Now it is something that I ditional $6,000. So this kid before he people and Members of Congress were dare say most Americans do not under- even gets out into the workforce to misled. It is that simple. stand, but it is the reality. have a full-time job is going to owe Ms. BERKLEY. If the gentleman will If the Chinese wish to leverage our $27,000 on the debt and $23,000 on stu- yield further, if I could chime in a political decisions, all they have to do dent loans. That is $50,000. Run that

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He is still sleep- write him a thank-you note tomorrow, after the storm, were in a bad enough ing 23 hours a day. the bottom line is $14 billion and a tax situation to begin with, because we got Mr. MEEK of Florida. They cannot on students. Not just students, but par- hit much worse than anyone expected. get out of the hospital, and they al- ents who have to take up the cause be- But then, 2 days ago, it started pouring ready owe the Federal Government, cause the kids can no longer try to pay rain on the houses that were already and we owe foreign countries all kinds for their own college or the majority of blown out by the wind and the rain. of money. college. If parents have a college fund Mr. MEEK of Florida. Mr. Speaker, if Mr. RYAN of OHIO. Is that an owner- going now, they need to go back and the gentlewoman will yield, I cannot ship society? talk to their financial adviser and put help but see that picture behind you Mr. DELAHUNT. He is going to own some more money into it, because if and see a lady there with silver hair. that interest rate, too, because that is this Republican majority continues to So if the majority has its way, not only interest rate is going up. go out of control, there will not be any did she get hit by a category 3 storm, Mr. MEEK of Florida. Let me tell my assistance for your child. That is not Wilma, but she is going to be hit by a good friend, the gentlewoman from just me presenting a budget. You can Republican majority Congress at the Florida (Ms. WASSERMAN SCHULTZ), it go online and see this for yourselves. same time. starts right here. We talk about third- Mr. DELAHUNT. Mr. Speaker, could Ms. WASSERMAN SCHULTZ. Oh, party validators, and we believe in that I just for a moment speak on behalf of yes. These people in this picture, this in our working group we have here. those who have white hair and are lovely couple who happen to be con- I hold in my hand here from the Re- stituents of mine, they live in a condo- looking towards receiving Medicare. publican Study Committee, which it minium in my district where I just The United States Senate is sending seems like the majority is following went door to door giving out self-heat- over a budget to this body, and there the lead of this group, and they have ing meals. These are people who are will be a so-called conference com- said originally in this report that they frail. They were told that they had to mittee that will reconcile the dif- wanted $35 billion in cuts. Let us talk leave because many hundreds of the ferences; and in that Senate budget is, about those cuts. apartments in this condominium com- for the first time in my experience, and plex alone are being condemned after b 2100 I have been here 9 years, a significant the rain because there are gaping holes cut not in Medicaid, but in Medicare. Let us talk about those cuts: $35 bil- in the roof. And on top of that, with If my colleagues remember, there lion in cuts, and all of this is on the thousands of people now, thousands of was a former Speaker of this body by table and a majority of it is in this people in Palm Beach, Broward, and the name of Newt Gingrich. He would budget, Mr. Speaker, that was passed Miami-Dade counties who were hit by come to this floor frequently at this by the Republican majority out of com- Wilma and whose homes are being con- hour of the night, have conversations mittee today. Cuts to Medicare, cuts to demned, there are numbers in the thou- that were noted by the American peo- Medicaid, student loan cuts, we talked sands, and that is just after this week’s ple, and he talked on one occasion about that; food stamps, school rain, we expect more rain in the future; lunches. But not a mumbling word, not about beginning to reduce Medicare and they are not even done counting a mumbling word about taking back and allowing it to wither on the vine. the number of buildings that have been Well, every American who shares the tax cuts from billionaires. Not a mum- affected. bling word. color of my hair ought to be aware of This budget reconciliation, these Not one, Hey, you know something, what has happened in the other branch, budget cuts cut housing vouchers, cut we are at war. Maybe we need to ask in the Senate, in terms of Medicare, be- affordable housing programs. Just in these folks who have never given any- cause I do not want to say it is the be- our State, we would take a 3,500 sec- thing. As a matter of fact, I do not ginning of the initiative or the concept tion 8 voucher cut. So we are talking blame them. I go back to not blaming of allowing Medicare to wither on the about people who are hit by a natural the billionaires. We never asked them, vine, but every American should be disaster who are being forced out of we never told them that they need to aware that there is a cut to that par- their houses, and now they will have do something. Let us just keep it ticular program that has saved the the manmade disaster of this budget going. lives and extended the lives of millions cut, these budget cuts that will force This is the document. I want to make of elderly Americans. even more people out of their houses. sure that the Members who did not see Ms. WASSERMAN SCHULTZ. Mr. But ‘‘we want to create an ownership this document, they can go online to Speaker, I am also going to speak up society in America.’’ The President of www.john.shadegg.house.gov/rsc/, that for those of our colleagues with white the United States was elected to help is www.john.shadegg.house.gov/rsc/. Do hair, because Mr. MEEK and I represent people own things and to accumulate not take it from me. Go find it for tens of thousands of folks with white things. All I can see anyone accumu- yourself. hair. lating is people who already have a So how do we get to the point where When the President talked about an whole lot and could live their whole we are? ownership society, I think he was talk- lives not accumulating one more thing. Ms. WASSERMAN SCHULTZ. Mr. ing, well, I must have misunderstood When is it going to stop? When are Speaker, I think we should put a link him because, apparently, he is more in- we going to be able to be in a position on the 30-something Web site. terested in making sure that the top 1 here in this Chamber to move this Mr. MEEK of Florida. Yes, why do we percent of the population owns every- country in a new direction and start not do that? We are going to get staff thing and that they are the only ones helping people again? to put this on the Web site, because in a position to own anything. Mr. DELAHUNT. Mr. Speaker, there this stuff just does not fall out of the Because if you look at people’s abil- is another crisis coming too, and that sky. This does not just fall out of the ity to afford housing, in almost every is the cost of home heating fuel in the sky. The President cannot do it by major city in America, it has become Northeast and in the Midwest that is himself. Take it from me, he cannot. virtually out of reach. The average going to strike particularly the elder- He has to have his Republican major- price of a house in just my county is ly. As we know, gas is about $3 a gal- ity, he has to have a majority, obvi- $348,000, the average price of a house. lon, and the utilities are now pre- ously, over in the Senate to do it; and Now, that is not an attainable price for dicting that families could pay as he cannot do it by himself. an average middle-class person, never much as 70 percent more in terms of So folks start talking about what is mind somebody who is on the lower end their heating bill. The Energy Depart- going on here. Why are these foreign of the socioeconomic spectrum. ment predicts that the cost of natural

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9626 CONGRESSIONAL RECORD — HOUSE November 3, 2005 gas is going to go up by some $350 next reduce the cost of prescription drugs, saying we have to learn something season. At the same time that that is allow for reimportation, allow the Sec- from him. happening, we hear that Big Oil has retary of Health and Human Services I cannot explain to you why the ma- done rather well. to negotiate down the drug prices of a jority side puts together a report talk- For example, Exxon-Mobile recently $700 billion bill that we were told that ing about cutting, and I am going to reported that its profits in this past night was $400 billion. tell you, we gave the Web site out ear- quarter, the third quarter, increased 75 Mr. DELAHUNT. Can someone ex- lier. This is third-party validators, cuts percent. plain to me, anybody, why the oil com- to Medicare, cuts to Medicaid, cuts to Mr. RYAN of Ohio. Wow. panies, that had revenues in the last student loans, cuts to food stamps, Mr. DELAHUNT. Not a bad quarter. quarter of some $100 billion, each and cuts to school lunches for poor kids. I In one quarter, Exxon-Mobile had a net every one of them saw huge increases cannot explain to you why. profit of $10 billion. Simultaneously, in terms of their net profits, why they I cannot explain to you why veterans today in the Budget Committee, there need subsidies? have to wait so long for assistance. I was a motion, a motion to increase the Ms. WASSERMAN SCHULTZ. Mr. cannot explain to you why that was the so-called LIHEAP program. Speaker, I will tell the gentleman why. case. Mr. RYAN of Ohio. Mr. Speaker, can Because according to the Republican I cannot explain to you why this ad- the gentleman explain who offered that leadership, they do not want an owner- ministration, after this Congress acted, motion, what party? ship society; they want an own-every- with many Members on this side push- Mr. DELAHUNT. It was a Democratic thing society. That is why. Because ing for military families to be reim- motion. It would have increased the they fall into the category of groups bursed for equipment they had to buy funding for that particular program, and individuals that the Republican for their loved ones while they were in which allows low-income people, pri- leadership in this country clearly be- theater to save their lives, to give marily elderly people, to benefit from a lieves should own everything. them the Kevlar and the vests that purchase of discounted energy, whether Mr. RYAN of Ohio. Mr. Speaker, I they needed, I cannot explain to you it be oil or gas, but primarily oil. think the Republican Party, after they why the Defense Department waited While Exxon-Mobile is making $10 give the $16 billion in subsidies, will for the regs for that program for them million, in the Budget Committee head out to shakedown street, K to even get the money back, back in today, Mr. Speaker, the Republican Street, where all the lobbyists are, and February. Senator DODD from Con- majority said, no, we are not going to they will say, hey, we just gave you $16 necticut had to write the Defense De- increase that program. And, by the billion in public taxpayer money, and partment, who is a Democrat, had to way, the chairman of the Energy and average people, middle-class people, threaten them to write the regs, and Commerce Committee said no to any people who need LIHEAP, who have they finally wrote it. I cannot explain rescission of the $16 billion that this high heating costs and everything else, to you why. Republican-controlled Congress passed they took that public money, they This is to reimburse military fami- in the form of subsidies for Big Oil this gave it to the oil companies, the oil lies for equipment they bought, hus- year. If you are investing in oil this companies are going to make tremen- band, wives, what have you. I cannot year, it was reminiscent of the gold dous profits and have made tremendous explain to you why. rush back in 1849. You really scored contributions to the Republican Party. But one thing that I can tell you, well. Now, is that what we are about as that it is important that we illuminate b 2115 a people? Are we not violating a social these issues so not only the Members compact, a covenant, where we all Mr. MEEK of Florida. I want to say know that we know what they are come together and get through the quickly just today, news flash from the doing on the majority side but the hard times? Budget Committee, happened over American people know. Mr. RYAN of Ohio. Mr. Speaker, there in the Cannon Building, really Now I am going to say back for the there is a certain amount of corruption nice building named after Speaker Can- one Republican that voted with Demo- within the system, is there not, when non, who used to walk around here crats on this budget, on the backs of that happens? There is just a certain smoke cigars and all and is well the American working class, on the amount of corruption and incom- known. backs of retirees, on the backs of those petence in the system. But I can tell you this. There is a that wake up every day and try to pro- Now, I know our friends, they like to heating program that is out there to vide for their children, provide for say, well, all the Democrats, all they help poor people. Since we are talking their family, I am glad that he voted want to do is spend, spend, spend. But about these big companies that are with us. Maybe, just maybe, this hour they have borrowed and spent over $1 making all of these big profits, it is working on the conscience of some. trillion just in the last 4 years from would have increased the funding to Real quick, since we are going out of foreign countries, more than the past provide for the Low Income Home En- time, you want to give the site out? 42 Presidents. ergy Assistance Program from $1 bil- Then we can close out. Mr. MEEK of Florida. Record break- lion to $3.093 billion. That would im- Mr. RYAN of Ohio. ing. pose a temporary windfall profits tax [email protected]. Mr. RYAN of Ohio. Record-breaking on the oil companies to assure that the Mr. MEEK of Florida. Mr. Speaker, spending, record-breaking deficits. The amendment is deficit neutral. with that, we would like to yield back party of fiscal conservatism has be- Now I am going to tell you some- the balance of our time and thank the come an absolute joke. It has become a thing. You want to talk about this Democratic leader for the time. caricature of itself. budget is keeping not only everyday f Here is a conservative that we may Americans in the cold but is definitely disagree with on many, many issues, keeping poor people in the cold. GENERAL LEAVE Cal Thomas of the Washington Times, But I cannot tell you, when you say, Mr. KING of Iowa. Mr. Speaker, I ask a conservative newspaper, a conserv- can you explain it to me, well, I cannot unanimous consent that all Members ative columnist, one of the most con- explain to you the reason why we have may have 5 legislative days within servative in the country who tries to CIA agents being outed, not only one which to revise and extend their re- provide a little advice to the Repub- but a number of them. marks and include extraneous material lican majority: ‘‘Here is a suggestion I cannot explain to you the reason on the special order of the gentle- on your budget cuts: Don’t start with why we still have Michael Brown on woman of Virginia (Mrs. DRAKE) given the poor, start with the rich.’’ the Federal taxpayer dollars, on the earlier this evening. Mr. DELAHUNT. The oil companies dole, at the same salary he was making The SPEAKER pro tempore (Mr. ING- are a good place to begin. pre-Hurricane Katrina, and why the LIS of South Carolina). Is there objec- Mr. RYAN of Ohio. A good first step, Secretary of Homeland Security ex- tion to the request of the gentleman $16 billion in subsidies to them. They tended not only the 60-day contract from Iowa? have not done anything with trying to they had with him but another 30 days, There was no objection.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9627 AMERICA’S IMMIGRATION POLICY Indeed, there are fundamentally dif- is precisely the wrong formula. Just as The SPEAKER pro tempore. Under ferent ways to address the challenges they mistakenly address compassion the Speaker’s announced policy of Jan- we confront. My friends on the left by the number of people on welfare. No, uary 4, 2005, the gentleman from Iowa honestly and sincerely believe that true compassion is the number of peo- (Mr. KING) is recognized for 60 minutes. Government is the answer; and though ple who leave the welfare rolls and go Mr. KING of Iowa. Mr. Speaker, be- their rhetoric is devoid of it, they seem to work. fore I pass this microphone over to my to be concerned with budgets that af- And for those who cite curious cases good friend and colleague, the gen- fect the care and feeding and the propa- played up in the dominant media cul- tleman from Arizona (Mr. HAYWORTH), gation of Washington bureaucrats and ture about CIA agents who send I cannot help but express some of the the employees’ unions they engender spouses on trips around the world to frustration with sitting here and lis- rather than solving real problems af- offer talking points in a partisan cam- tening to this. I am really grateful that fecting real people. paign and somehow defend that and the American people do not have the It is somewhat mind-boggling to hear seem to act as if there is no connection same sentiment that I have heard to- the same old charges; and it is inter- between the former, thank goodness, night on the floor of Congress. esting, the selective memory of those the former dictator of Iraq who now When I go to the coffee shop and to on the left. For it was one of their cele- sits in a prison cell awaiting trial and the break room in my district, I do not brated leaders, John F. Kennedy, who other perpetrators of islamofascism, hear anything like this rhetoric that I said a rising tide lifts all boats, who for those who would so readily forget have heard here tonight. said that by reducing taxation across the lessons of 9/11, we say to the Amer- When I hear that we have cut food the board and allowing the American ican people, yes, the challenges are stamps, I was involved in that. We did people to save, spend and invest their grave. We live in challenging times. not cut food stamps. What we did was own money economic prosperity can But we dare not shrink from the chal- we changed the regulations so you have result. lenge and make the curious divorce- to be on some other kind of benefit so And that is not a partisan argument, ment of, oh, yes, we support our troops there was less fraud. There is $1 billion nor was it the sole domain of Jack but not the conflict. of fraud going into the wrong people in Kennedy. Indeed, whether it was Calvin As one observer explained, that is food stamps just in the last year that I Coolidge or Jack Kennedy or Ronald like saying, gee, I support a football have a report. We only touched about Reagan or, more recently, George W. team. I just do not want them to win 20 percent of the fraud, Mr. Speaker. Bush, working with this governing ma- the game. Fuel prices. Help us open up drilling jority in Congress, letting the Amer- Were it so simple to compare war to on the outer continental shelf. Help us ican people have and keep more of a game, but we know something far drill in ANWR. Let us develop the en- their own money to save, spend and in- more serious is at stake. We know over ergy that we have in this country, and vest, we in fact have had an economic very national survival is at stake; and we will not be looking at $3 dollar fuel. rebirth through the difficulties of 9/11, we believe that we should support our We know who is to blame. It is the en- through the challenges posed by the troops, yes, and work for an outcome vironmental extremists. And if Exxon natural disasters. that results in victory. Mobil made $10 billion in the last quar- The American economy continues to That brings us to the subject at hand ter, let us take a look and see where grow. Are there challenges? You bet. tonight, our border security and our they invest it. If they invest it in that Are there challenges we confront in en- national security. And despite the drilling, the American people will reap ergy? Absolutely. But the key is, as I prattlings of the preceding hour, in the benefits. was happy to offer, tax credits for solar many ways our Commander in Chief There are a whole series of things energy in our sweeping energy bill, as has answered the call in the wake of 9/ here tonight, Mr. Speaker, and that many of us have embraced and asked 11. frustrates me greatly. But I wanted to us to take a look at new technologies, But when it comes to the border talk a little bit about the immigration neither do we abandon the notion of issues, the fact is the record is trou- issue. maximizing existing supplies, using ra- bling, and it results in constructive I would ask my friend, the gentleman tional conservation and moving for- criticism. Just as many within our from Arizona (Mr. HAYWORTH) if he ward. party offered constructive criticism would pick that issue up. Of course, it cannot begin to compare about the selection of a Supreme Court Mr. HAYWORTH. Mr. Speaker, I with outlandish charges. This gets to judge, reasonable people can offer con- thank my friend from Iowa; and before the crux of the challenge. We have an structive criticism. I get to the topic at hand, I, too, would awesome responsibility. It is to help Item. Congress Daily, this morning, like to offer a few observations about govern this country. Our friends on the Thursday, November 3, Homeland Sec- the preceding presentation in the peo- left, be they 30-something, or 40-some- retary unveils border security initia- ple’s House. thing or 50-something, or 60-something, tive. Homeland Security Secretary Those who have heard me speak from choose not to join us in governing. Chertoff Wednesday rolled out a multi- time to time know that quite often I They choose to carp and complain and year plan to secure the Nation’s border cite the observation of that great issue malicious and libelous charges. and reduce illegal immigration, dub- American author, Mark Twain, who They offer no plan. They offer com- bing the proposal as the, quote, en- said, history does not repeat itself, but plaints. forcement complement to President it rhymes. In the preceding hour, here In stark contrast, our governing ma- Bush’s temporary guest worker pro- on the floor of the people’s House, we jority has a plan to bring budget re- gram. may have heard from the, quote, 30– form that results in real savings. And Something Coalition, but it was that yet, even as they decry what they call b 2130 same old something, those tired and fiscal irresponsibility, they attack the Constructive criticism number one, shop-worn charges, those assertions reform process that results in real sav- in accompanying documents released that the American people can only re- ings. yesterday in Houston, Texas, Secretary gard, to put it diplomatically, as unre- One note about the incorrect infor- Chertoff said his Department had a 5- alistic. mation on student loans. We actually year plan to gain operational control of We heard a Member from Florida increased money going to students. We the borders. talk about cuts in school lunch pro- tightened down the margins on the Mr. Speaker, the American people grams. We heard a Member from Mas- lenders. We do not hurt the students. and our Nation cannot wait 5 years for sachusetts repeat what was a blatantly But, of course, our friends on the left operational control of our borders. The false charge about Medicare withering always equate compassion with the attacks of 9/11 came almost a half dec- on the vine, when in fact the discussion amount of money taken from the ade ago. Are we then to wait 10 years in had to do with the bureaucrats in a American people to go to Washington wartime to secure our borders? That is four letter organization felony as bureaucrats; and I believe, regardless wrong. That is the wrong time table. HICFA. of the age, regardless of the time, that Border security at once because border

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9628 CONGRESSIONAL RECORD — HOUSE November 3, 2005 security is synonymous with national tion-states embracing Islamofascism we did turned this economy around security. have attempted to gain entry into our from the depths of September 11’s The other troubling aspect of the dis- country by blending into the mass exo- trough and, in fact, this year we have patch in this morning’s Congress Daily, dus north of illegals and utilizing His- $274 billion in additional revenue be- the enforcement complement to Presi- panic surnames. yond what was calculated by CBO and dent Bush’s temporary guest worker Mr. Speaker, I offer these words not anticipated because of the tax cuts program. to sow the seeds of panic, but instead that we provided, and we need to make Mr. Speaker, I have introduced, and to offer a renewal of a sense of purpose them permanent. my colleagues who join me tonight on in the wake of 9/11, mindful of the chal- On the immigration issue, which is this floor have sponsored, the Enforce- lenges a sovereign Nation of laws con- our subject here tonight, that is impor- ment First Initiative. The American fronts. We must have heightened bor- tant to our national security issues, people demand enforcement first. Call der security. It leads to greater na- the issue of the citizenship and immi- it putting the cart before the horse, tional security. There must be internal gration services and the job that they but those who talk about a guest work- enforcement. There must be a closing are supposed to be doing and the great er program have it exactly backwards. of loopholes, and that is the idea be- difficulty they have in carrying out What we should do is enforce existing hind the notion of Enforcement First. that task, the internal problems that laws, close loopholes and then and only So, Mr. Speaker, I say respectfully they have, we have the gentleman on then engage in a debate about guest and diplomatically to the Secretary of my left from Virginia (Mr. GOODE), and worker programs. Homeland Security, enforcement is not I would be happy to yield to him. Indeed, this debate about border se- a commitment to a guest worker pro- Mr. GOODE. Mr. Speaker, I thank curity, national security, illegal immi- gram. Enforcement is the long overdue the gentleman from Iowa (Mr. KING), gration, and the euphemism that ac- step to protect our Nation from exter- and I thank the gentleman from Ari- companies it of undocumented work- nal threats in a time of war. And then zona (Mr. HAYWORTH) for their com- ers, an Orwellian turn of phrase if once we do that, we can effectively dis- ments here tonight. I certainly learned there ever was one because many of cuss a guest worker program. a lot from both gentlemen and appre- these alleged undocumented have docu- My friend from Iowa who was very ciated what they had to say, particu- ments galore, and should we also point gracious to yield time. I will remain, larly on the immigration issue. out that under the existing framework but I want to yield back to him be- I want to talk a little bit before talk- we have visa programs literally from A cause other friends join us tonight dur- ing about illegal immigration about to Z under the existing legal frame- ing this hour. something that occurred just the other work, but again back to the situation Mr. KING of Iowa. Mr. Speaker, I day in the Rayburn Building. We had a at hand. thank the gentleman from Arizona meeting of the Immigration Reform A fair question could be posed in this (Mr. HAYWORTH) for his eloquent pres- Caucus, and both the gentleman from fashion: If people are not obeying exist- entation on a lot of things that ail us Arizona (Mr. HAYWORTH) and the gen- ing laws, what makes us think they that we heard about here tonight and tleman from Iowa (Mr. KING) are mem- would obey any new laws? So Enforce- also the border control and the immi- bers of that and it is chaired by the ment First offers a comprehensive ap- gration issue and the future of our gentleman from Colorado (Mr. proach saying that this government country. TANCREDO), who has done yeoman’s shall enforce existing law and that we As I listen to that group that comes work on behalf of that group. shall work to eliminate loopholes that here nearly every night, and it was in- We were anticipating hearing from exist that result in the gaming of our teresting to see the gray hair amongst someone from the U.S. Citizen and Im- system, that result in the drain on tax- the 30-somethings that we had, it is ex- migration Services. Now, as you know, payers and that deny this fundamental traordinarily depressing to hear that the Department of Homeland Security truth that even those who may pro- viewpoint. I happened to at random is the secretarial agency, and under- foundly disagree with us who preceded bounce across some Web pages that neath that agency is the U.S. Citizen- us here in the well certainly have to must be the perpetrators of that kind ship and Immigration Services. And embrace and that is that this is a Na- of thought process because it just does they are charged with doing a number tion of laws. not connect with the rational reality of of different programs, one program of Therefore, if we are a Nation of laws what is going on here with our author- which is the FAST program. And that and a Nation of immigrants, immigra- ization bills, our appropriations bills, is involving temporary adjudicators tion should occur within a legal frame- the responsibility that we have, the fis- that have been hired to make citizen- work, not through the machinations of cal responsibility, the vision we have ship and permanent residency deci- illegal schemes and scams that threat- for America. And I do not think that sions. And I agree that the backlog is en our national security. you could read the facts and connect long and needs to be addressed. But I Why do I say that? Well, one need the lingo that is coming from the other want to emphasize, I think it is better look only so far as the testimony in side and measure the two together. But to take extra time, make sure the in- open session in the other body from our it is depressing and I think sometimes vestigations are done, have law en- former colleague Porter Goss, now Di- that if I felt like that I do not think I forcement personnel there with the in- rector of the Central Intelligence could get out of bed every morning and vestigations to make sure no criminals Agency, joined by others, who offered go to work in this place and drag ev- or terrorists or others that would do us the testimony that their major concern erybody else down when we are trying harm come through one of these pro- is that someone meaning to do harm to to lift this country up. grams. this Nation might utilize our porous Their vision seems to be, I will say, Another program is the Focus pro- border to do so, to come here illegally. surrender and get out of Iraq, turn that gram, and that involves segregating Indeed, we have seen other reports that over to Zarqawi, let that be a terrorist and reviewing hundreds of pending ap- al Qaeda operatives and others who em- center for the world. Let them come in plications for immigration benefits brace Islamofascism have instructed here and attack us whenever they where there are specific concerns about their minions on a mission in this want. Do not take any self-defense potential ties to terrorists or terrorist hemisphere to seek to gain entry to the mechanism. Soak the rich. Starve the organizations. And this gets us to what United States through our porous businesses. Get rid of the jobs. And the occurred in the House office buildings southern border. list goes on and on and on of the lam- just the other day. The Director of the Federal Bureau entations that we heard. I was coming to the Immigration Re- of Investigation in testimony before a We are an optimistic party. Even form Caucus meeting anticipating House subcommittee chaired by our though when they say the name of our hearing from a law enforcement officer friend, the gentleman from Texas (Mr. party it comes off as profanity, it real- at that meeting and voicing his opin- CULBERSON), confirmed the gentleman ly is an optimistic party. We have al- ions and letting us have the oppor- from Texas’s (Mr. CULBERSON) asser- ways reached for the stars and brought tunity to ask questions about the agen- tion that illegals who come from na- this country forward. The tax cuts that cy and about how they handle these

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9629 programs where they make decisions one in this country illegally, because of only encourages more illegals to come on permanency, residency, citizenship, a lack of facilities to house all of them across the border, if there is an am- and granting decisions for these per- is a factor, I also think it is a philo- nesty, you will not be able to go back sons who want to come to the United sophical not wanting to carry out what and recapture the time that you are in States of America. The handlers of I believe the law should be in this the country illegally. that person would not let us ask ques- country, differences among some of us It also focuses on the practice that tions. and some of those carrying out that some who come from across our south- I hope that situation can be rectified law, of just letting the illegals go. If ern border want to have children in and that the Immigration Reform Cau- this legislation passes, those illegally this country. They want to create an cus and other members on different in the country will be committing a American baby because, under our cur- committees will have the opportunity violation of law, and they can be rent law, anyone born in the United to ask the questions that we want to caught and detained, not caught and States of America is an automatic cit- ask, because, while illegal immigration released. izen, and that helps those illegally here is probably the number one problem Another aspect of this legislation fo- stay in this country. Under our bill, facing the United States of America, cuses on the diversity visa program, coming across the border and having a we need to be sure that legal immigra- and that program has been in effect baby of illegal aliens who did not go tion is handled in the appropriate way since the mid-years of the Clinton ad- through the proper process will not and that programs like FAST and pro- ministration, which pushed for it. We grant that child automatic citizenship. grams like Focus have the appropriate had hoped that this program would end So this is indeed a comprehensive oversight and that the right questions within a few years. It has rocked on, measure that will address illegal immi- are asked. and this would end under this bill. gration, and it is my hope that we will I would like to take a few minutes We would also end the 245(i) practice. be able to get legislation to the floor of now to focus on the illegal immigra- And now what does 245(i) mean? That the House of Representatives, hope- tion problem. I want to thank, again, means if you come into the country il- fully before Christmas, if not, certainly the gentleman from Iowa (Mr. KING) legally and you get the right letter by the first part of next year, so that and the gentleman from Arizona (Mr. from an employer or you get the right we can take a stand and send to the HAYWORTH) for being here tonight talk- letter from a relative, that means you American people the message that we ing about this issue. They have been in can stay here by paying $1,000. We need are serious about stopping illegal im- the trenches for months and years, and to end that practice. 245(i) encourages migration. this problem is not getting any better. persons to come across the border ille- We do not want amnesty for illegals. It is only getting worse. But I am gally. They say we will not have to go We want to preserve and protect the thankful because more Members of the through the process. We will not have United States of America. We want House of Representatives are focusing to be checked out. We will not have to border security; and, as the Congress- on this problem. We have more Mem- have our background checked. We will man from Arizona says, we want en- bers than ever before introducing legis- not have to present our records and be forcement first. lation addressing different aspects of analyzed before we get into the United If we do that and if we can get the the problem. States. We will just walk across the other body and if we can get the execu- Today, the gentleman from Cali- border. tive branch down the road from the fornia (Mr. HUNTER) introduced legisla- Or if they are already here, say we United States Capitol to come along tion that does many things. It is will not have to go back. We will get a and get on this train, America will be backed by groups such as the Federa- 245(i). We will just pay a little extra safer, will be more prosperous and will tion of Americans for Immigration Re- money, and we will move to the head of be more of a land of opportunity for form; and having mentioned that the line, and that is unfair. That is un- the hard-working and tax-paying citi- group, I would also like to thank U.S. fair to those that wait in line, and it is zens of this country. Border Control for their efforts in com- unfair to the millions of Americans Mr. KING of Iowa. Mr. Speaker, I bating illegal immigration, Numbers that pay taxes. thank the gentleman from Virginia USA for their efforts against illegal Another aspect of this legislation, (Mr. GOODE) for his presentation and immigration. But our focus today was which is an attempt to compile many with clarity I appreciate. on a fence all along the southern bor- different items of legislation into a sin- I want to add that we are taking a der. gle bill, some of them are part of legis- look into the functionality and the We have a fence now between Cali- lation that the gentleman from Ari- failure to function in citizenship and fornia and Mexico south of the city of zona (Mr. HAYWORTH) has sponsored, immigration services. It is this Con- San Diego. That fence has provided a the gentleman from Iowa (Mr. KING), gress’ responsibility to have oversight. great barrier to drug smuggling, to ter- and I could list others, the gentleman It is this Congress’ responsibility to in- rorists coming into this country, and from Colorado (Mr. TANCREDO), the vestigate. If we believe there is impro- to stopping the illegal crossing. gentleman from Georgia (Mr. DEAL), priety in some place, lack of efficiency, the gentleman from Georgia (Mr. NOR- we are to bring this all together. This 2145 b WOOD), the gentleman from Texas (Mr. is our responsibility to the taxpayers We were able to see a picture of pre- CULBERSON), the gentleman from Okla- of America, and it is our constitutional fence days and then see a picture of homa (Mr. SULLIVAN), and I could go on duty. post-fence days. The fence has im- and on. It captures and borrows from Because there are a couple of minders proved the environment significantly these bills, and I have to mention this there that will not allow an individual in the San Diego area, and it has en- because I want to salute the gentleman to speak, then that does not mean that hanced our border security. from Iowa (Mr. KING). we are going to back away from this. It What we need to do now is extend the One of his measures says if you are just means we are going to resolve the fence from San Diego to Brownsville. an employer and you hire illegals, then situation eventually in the appropriate There would be port of entries along you cannot deduct the cost and the fashion, with patience and profes- the fence, but, by doing this, the secu- taxes paid on those illegals from your sionalism. That is the perspective that rity that the gentleman from Arizona Federal income tax return, and that is I think we need to take a look at with (Mr. HAYWORTH) talks about that we the way it should be. The legislation this. need in this country would be signifi- further emphasizes that there shall be I want to touch back on an immigra- cantly enhanced. no earned income tax credit for tion issue, but the moment that I do There were a number of other aspects illegals. There will be no credit for So- that, I want to transition over to the of this legislation. Currently, we have cial Security for the time that you are energy policy. So, in the interim, I a policy by the Department of Home- illegally in this country. would be happy to yield a few minutes land Security and its immigration Under the current situation, if there to the gentleman from Arizona for his services of basically one of catch-and- were to be an amnesty, and I vigor- concluding thoughts with regard to im- release. That means if you catch some- ously oppose the amnesty because it migration.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9630 CONGRESSIONAL RECORD — HOUSE November 3, 2005 Mr. HAYWORTH. Mr. Speaker, I enlightening discussion we have had on I have been audited I can tell you it is thank my friend from Iowa, and I look immigration. I am quite pleased that the IRS. So I said, well, let us see if we forward to hearing from our colleague an individual from Arizona would have can find a way to get the IRS into this from Pennsylvania who, again in stark the phrase, good fences make good game and enforce this illegal immigra- contrast to those who preceded us in neighbors. I thought that was an Iowa tion. the well, takes a thoughtful look at the phrase. So that is where the idea comes from challenges we confront and offers some I want to point out, too, that when to remove Federal deductibility for common-sense solutions, especially in you build a fence or a wall to contain wages and benefits that are paid to the realm of natural gas and where we people, if you do that to keep them illegals. Let the IRS come and do a are headed as a Nation in terms of en- from leaving a place like it might have normal audit, and if the employer uses ergy exploration for existing tech- been East Germany, then that is wrong the InstaCheck program so they can nologies and, quite frankly, bringing from a philosophical standpoint. If you verify over the Internet in an instant on-line new technologies to deal with have a place that is such an attraction whether that employee is legal to be energy. that you build that fence to keep them hired, go back on the Social Security But as I heard both my colleague out, that is a moral thing to do. There Administration database and Depart- from Virginia and my colleague from is a big difference. ment of Homeland Security database, Iowa talk about the spectacle that oc- So, the fence in Israel, for example, come back with a positive hit, hire curred in the hallway of the Rayburn between the West Bank and Israel that person. House Office Building yesterday, I just proper, that is a fence to protect the We put safe harbor in the bill. If you was astonished by the seeming triumph people from the folks on the other side are a responsible employer, you use and insensitivity of the bureaucracy. that want to come across with bombs. InstaCheck, the basic pilot program to Two minders accompanying a law en- It is not immoral to build a fence to verify the employability, then the IRS forcement officer essentially to put protect yourself from people that are will not touch you on that hire. But if him on notice that his role in his em- assaulting. they run the numbers when they do the ployment with the Federal Govern- In fact, the southern border in the audit, use the InstaCheck, and it finds ment could very well be threatened. We last year over 1,159,000 illegals that out that the Social Security numbers have visited totalitarian nations where were collared at the border, so to and the identification does not match there are minders who follow us, some speak. We heard T.J. Bonner, a border anything, then the wages and benefits very cleverly concealed, some as hotel patrol, say here a couple of days ago that you spend on that employee be- personnel, but to see that spectacle in that approximately 4 million came come not a deductible expense but tax- this grand republic and see it utilized across the southern border during that able income. really to try and supercede the legiti- period of time and we collared 1,159,000. b 2200 mate questions of constitutional offi- Of those 1,159,000, all but 1,640 of them cers was very disappointing. promised to go back. We cannot verify So, for example, if you are a corpora- I would echo, Mr. Speaker, the words that any of them went back, but we did tion and in a 34 percent tax bracket of my colleague from Iowa, there will actually adjudicate 1,640 of the 1,159,000 and you are paying $10 an hour to be oversight. Count on it. The Congress to go back to their home country. illegals, the IRS will come in and say, will live up to its constitutional re- So we have got a very small percent- well, no, that $10 an hour is not a de- sponsibilities. I will put those Wash- age here. The catch-and-release pro- duction. We are going to tax that at 34 ington bureaucrats on notice, those gram is real. I got into a little buy-in percent, and we are going to add the in- who believe they can get in the way of when I made that statement that it terest and penalty on there. Now that constitutional officers doing their jobs, was a seven times catch-and-release becomes about a $6 an hour penalty on that the people will demand answers program before they were adjudicated the $10 an hour person, so now the through their constitutional represent- for deportation. Some of the bureau- illegals cost you $16 an hour. In theory, atives. But we understand the answer, crats took issue with that and wanted a least, a legal employee that you in summation to our challenge for na- to have a meeting. So they brought could hire for $16 an hour becomes a ra- tional security and border security, it eight of their people into the room, and tional decision. is enforcement first. It is not amnesty. the first statement was I am wrong, we As that happens, then the illegals It is not the embrace of putting illegals need to retract the statement. An hour that are here working at this discount in the front of the line and making a and 45 minutes later, they admitted rate because it is rational for employ- mockery of an orderly, lawful, immi- that, even though that was not the ers to hire the illegals, they are cheap- gration process. written policy, it was the practice, and er for a lot of reasons, it becomes ra- Borders are necessary. There is graf- in fact, it might be more than seven tional instead to say, no, sorry, I can- fiti written in Spanish on one of the times catch-and-release. That is how not put you to work because the IRS borders adjoining my State which bad it is. sometime in the next 6 years can come reads, Borders are scars upon the I want to say just a couple of words back and audit me and I will have to earth. Mr. Speaker, borders are not about the new IDEA bill that the gen- pay the bill. So I might as well pay it scars upon the earth. Borders are rea- tleman from Virginia (Mr. GOODE) men- to somebody who is here legally for the sonable and necessary to maintain the tioned that I have drafted and that we right reason. sovereignty of nation states; and, as have significant cosponsors on. This changes this great migration of the poet wrote, good fences make good It is clear for us, build a fence on the four million people pouring across our neighbors. border, beef up the border patrol, but southern border, and it sends them I salute the gentleman from Virginia we need domestic enforcement. We back again. Because what are they joining with the chairman of the House know that the administration has not going to do if they cannot get employ- Armed Services Committee with the sanctioned a single employer for hiring ment here? It is a jobs magnet. True legislation today. I am pleased to illegals in the last year. That is an New ideas. It is one piece of many be a cosponsor. I thank my friends issue that needs to be enforced as well. things, as Mr. GOODE spoke about and from Virginia and from Iowa, others But, on top of that, how do we dry up Mr. HAYWORTH did. So I am part of all within the Immigration Reform Cau- the jobs magnet? How do we get a pol- of this. I want to stand here with it. If cus. I thank them for the time, and I icy in place and get some administra- we have any more ideas, I want to hear look forward with interest to hearing tion agency that actually is willing to them all. We need them from the from our colleague from Pennsylvania enforce that policy? American people. The American people with references to the challenges we So I looked around the country, and are the ones who will move this Con- confront here early in the 21st century I thought who really are the junkyard gress, so they need to write letters and for this Nation’s energy needs. dogs of bureaucracy? Who likes to go send the message, and this Congress Mr. KING of Iowa. Mr. Speaker, I to work and who does their job? Who will hear you. thank the gentleman from Arizona and has a reputation that you know they So I thank the gentleman on the im- the gentleman from Virginia on this are going to follow through? The times migration issue tonight. I also had two

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9631 subjects in mind that I feel is impor- at a great disadvantage. And if we only thing we touch has polymers and plas- tant to bring up, and energy is the open up this natural gas marginally, tics as a part of it. Even for you ladies, other one. we will only lower the price marginally skin softeners and makeup, the basic As we listened to the minority party and we will still pay a great price eco- ingredient for skin softeners is a prod- on the other side do their 60 minutes of nomically, because we know that en- uct derived out of natural gas. nightly lamentations, we heard about ergy is the price of everything we have We heard about the plight of the the cost of gas, the cost of energy, and and everything we own. farmers. The farmers have a real en- I did make a few remarks about how we Having said that, Mr. Speaker, I ergy issue, because it hits them from can help that cause. But I would point would be happy to yield to the gen- when they plant, it hits them when out that I represent maybe the number tleman from Pennsylvania (Mr. PETER- they harvest, it hits them when they one corn-producing congressional dis- SON), who is really the lead on this dry their grain, using natural gas usu- trict in America. If you are going to issue, and I am very happy and proud ally. They just get hit again and again, raise anything, you have to have nitro- that he has taken this issue to this and it has been very difficult for them gen fertilizer to do that. All crops take Congress. to be profitable. nitrogen. Corn takes a lot of nitrogen. Mr. PETERSON of Pennsylvania. Mr. Why is natural gas such an issue? It About 90 percent of the cost of nitrogen Speaker, I thank the gentleman from is not a world price. When we pay $60 in fertilizer is the cost of natural gas. Iowa, the gentleman from Virginia, and this country for oil, the whole world Natural gas has gone up 400 to 500 the gentleman from Arizona for the does. When we pay $65, the whole world percent over the last 3 years, and we good job they did bringing up the secu- does. But when we pay $14.50, we are at see the cost of natural gas going in the rity issue of this country. The number 12-something today, we are an island to area of $14.50 per million BTUs. We one issue is immigration enforcement, ourselves. The rest of the world is look around the world, and Mr. PETER- protecting our borders, and handling much cheaper. Europe is under half SON will give us more details on this in that issue in a much better way than what we pay. Now, our big competitors, a moment, and we see not far away, we have historically done in this coun- Japan, Taiwan, and China, they are a natural gas coming out of Venezuela of try. third of what we pay. When you add $1.60 compared to the U.S. at $14.50. But the economic issue facing this cheap labor to those countries and the The other day they said they were country is the price of energy and the ability to engineer, they are bright going to go ahead and build the natural availability of energy. Natural gas is countries, very sophisticated countries, gas pipeline from Alaska down to the the clean fuel. It is almost the perfect they have learned from us. When you lower 48 States. It is 4,700-some miles fuel. It is what we heat our homes give them another advantage of the en- from the north slope down to Kansas with. It is what we heat most of our ergy they use to make products, and City, the heart of America. Up there, schools, our hospitals, our YMCAs, our especially products that consume a lot there is 38 trillion cubic feet of natural churches, our colleges, our univer- of natural gas, you give them this huge gas that we know of. There is probably sities. Most of our small businesses and advantage. The rest of the world is under 2. As more in ANWR that we will open up, mostly all commercial businesses run my colleague said, Russia is 95 cents, and hopefully we will drill there for oil on that. Many, many industries use it and I think North Africa is 80 cents. as well. So, 4,700 some miles from the in many, many ways. So 25 percent of How can our employers and our compa- north slope of Alaska to Kansas City. the energy in this country is natural nies compete when energy is a large Build the pipeline down to the lower 48, gas. part of their cost and they have to and we can get 38 trillion cubic feet of We have heard a lot of discussion compete with other countries? They natural gas. about oil and gasoline prices. In fact, cannot. Our large employers are hang- Venezuela is making fertilizer and on the evening news the American pub- ing on hoping government will do selling it to us now off of gas that costs lic understands the issue pretty well something about this crisis, and some- about $1.60. Russia is doing the same because it is reported well. But natural thing major. Not tinker, but something thing off of natural gas that costs us 95 gas is not reported well. It is not major, and soon. Soon. cents. We are losing our fertilizer in- talked about and not understood much. If we do not, I think Representative dustry in America. It does not take Gasoline prices were double, they PEARCE said a few weeks ago here on were at their peak after Katrina. Nat- very much to control food production if the floor that we are going to solve you have control of the fertilizer itself. ural gas prices were 700 percent what this, that we are going to change this, But down there in that gulf area, for they were 5 years ago. Now that is just and we can do it now and save a mil- example, all that gas in Venezuela, a huge increase. A gallon of milk would lion or two jobs in this country, some Venezuela is 2,700 miles from Kansas be $28. I think we would have panic in of the best jobs we have left, or we can City, for example. So that gas is closer. this country if a gallon of milk were at do it later and hope we can recover, But closer than that yet is all of this $28, yet there is no panic in the country and many of those jobs we will never natural gas that we have on the Outer about natural gas, except from those get back. Continental Shelf of America, with 200 who use a lot of it, but they are having How did this happen? Well, for dec- miles, 406 trillion cubic feet of natural a hard time getting government to lis- ades, natural gas was two bucks. Oil gas. ten at any level. was $10. Nothing could compete with Now, tell me, would you go to Alaska You just heard my friend from Iowa that. Renewables could not really grow for 38 trillion cubic feet of natural gas talking about the fertilizer industry because those prices were so cheap that and build a 4,000-some mile pipeline to and the tremendous amount of energy nothing could compete. That went on get it down to the lower 48? Would you that is used for fertilizing natural gas. for decades. go to Venezuela and ship that gas in as Petrochemical is one of the best-pay- Ten years ago, a major shift in policy liquified natural gas and go through ing industries we have left in America. also happened. Congress legislatively the exchange process and the plants at All the chemicals we buy at the hard- for a time permitted natural gas the terminals that it takes to handle ware and grocery store, all the chemi- unlimitedly to be used to make elec- that? Or would you just go down there cals we use in the manufacturing proc- tricity. We used to use make about 6 to nice and close, where we already have a ess, one of the basic ingredients is nat- 7 percent of our electricity with nat- system all set up, and plug right into ural gas. Plus, natural gas is used to ural gas, and it was only allowed at that existing massive quantity of 406 heat those products and make them in peak power. That is early in the morn- trillion cubic feet of natural gas that the first place. Most petrochemicals, 40 ing and into the evening, when we use we have on the Outer Continental to 50 percent of the cost of production more electricity than we normally do. Shelf? is natural gas, thus putting them at a You can turn a gas plant on and off, To continue to be hostage to energy huge competitive disadvantage com- but you cannot do that with coal and prices at $14.50 per million BTUs when pared to the rest of the world. nuclear, so gas was allowed to be used the rest of the world is getting along Polymers and plastics. We all know for peak power. on numbers like 95 cents or $1.60. China how polymers and plastics are such a Well, they took the prohibition away is up to about $4 something. But we are major part of our life. Almost every- about 10 years ago; and now 25 percent

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9632 CONGRESSIONAL RECORD — HOUSE November 3, 2005 of the electricity in this country is by far the best place we can produce Florida State government leadership, made with natural gas. and produce quickly. in my view, has been very wrong on Well, there were those who predicted Now why are we doing that? Well, this issue and has not only prevented that if we did not open up supply that number one, it is the Florida delega- production off their shores but has would cause a shortage down the road. tion; and the government of Florida really prevented production that was And when a few years went by, that is has had a huge influence in this body. very vital to this country’s economic exactly what has happened, because we They have actually prevented it, and future and prevented us from having have it locked up. they are currently opposing all meas- the gas reserves we need so that prices How did it get locked up? Well, there ures to open up the Outer Continental could be normal. If natural gas prices was a moratorium many years ago, Shelf. were normal, we could be expanding about 25 years ago, put on by President We have the Peterson-Abercrombie the use of it. Bush. It was supposed to be a tem- plan, and I think my friend from Iowa I have a bus system in State College, porary moratorium where we would is a sponsor of that, and what we want Pennsylvania that is all natural gas. have an inventory and that inventory to do is to move the moratorium. We Today they are paying a premium to do would take a few years. But then he did want to give the States control of the that. In all the cities all of our buses, not win reelection. President Clinton first 20 miles. You can only see produc- all of our school buses, our transit sys- came in, and he extended the morato- tion for about 12 miles. So, after 12 tems, all of our taxi cabs, our short- rium through 2012, and our current miles, even from a tall building, you haul vehicles, our service trucks could President has not touched it. cannot see it. So we will say, all right, all be on natural gas, and we would Shortly thereafter, Congress placed a States can control 20 miles, both gas have cleaner air in the cities, and some moratorium on the OCS. So now we and oil. From 20 miles out, gas will be of those cities could reach clean air at- have a Presidential moratorium and we open for production in all the Outer tainment. have a legislative moratorium that has Continental Shelf. And Florida will be Natural gas can be the bridge to our been preventing the production of nat- included. They should help out, too. future. It can be the bridge to renew- ural gas on the Outer Continental Shelf And then oil would be left up to the ables or a bigger part of our energy for about 20 some years. States, and they could petition the De- portfolio. There are so many ways nat- Now, what is the Continental Shelf? partment of the Interior to remove the ural gas can displace other fuels, espe- Well, the first three miles of our off- moratorium on oil if they so chose to. cially oil and our need for oil. It can shore is owned by the States and then That gives us a huge opportunity to displace the need for more refineries if from 3 to 200 miles is owned by the produce the gas that is needed, in my we fuel part of our transportation sys- Federal Government. So 200 miles is view, to give our industries and give tem with clean burning natural gas. what is called the Continental Shelf, our citizens the ability to have afford- And one other fact on Florida, 75 per- and that is where many countries able natural gas to heat our homes, to cent of the electricity they use is gen- produce a huge amount of their energy run our businesses and fuel the big in- erated by natural gas, and that is be- because there is lots of it there. dustries that are going to leave this cause just recently they tore down Now many feel that that 400 trillion country. their coal plants and went to natural cubic feet that was mentioned is way There has never been a natural gas gas. underestimated. Because the work that production well that has ever harmed a I want to share with the Members, was done was over 30 years ago, and the beach or that has ever been a problem though the Florida delegation and the measuring devices we have today, the even on land. A natural gas well is a Florida State government is vehe- seismographic instruments, are so six-inch hole in the ground. You put a mently against any change, here is much more accurate. But government steel casing in cement at the bottom what the Associated Industries of Flor- has prevented that from being done. and at the top, and you let gas out into ida said recently in a letter to MMS, We actually had a bill that the State a pipeline. the Mineral Management Service: ‘‘We of Florida prevented from passing so This is not a threat to any environ- appreciate that MMS is going to be re- we could not measure. In fact, the cur- ment. It is not a threat to creatures. In viewing all of the current OCS areas, rent energy bill had a measurement in fact, in the gulf, the best fishing is including the areas that have until now there but did not have funding in it, so where we produce both oil and gas, and been off limits due to the moratorium, it was a paper measurement, which I do all the fishermen will tell you that. which include the Atlantic, Pacific, not know how you do that. We were not I keep hearing about all this poten- and Eastern Gulf of Mexico regions. going to be able to spend any money. tial pollution. And then someone said Research documents that these areas But they are protesting that measure- the other day in a debate it would be 7 hold substantial undiscovered but tech- ments not be done today, the State of to 10 years before we could get produc- nically recoverable energy resources Florida. tion. It will take a few years, but it that will be absolutely critical to Now Canada, a very environmentally will not take 7 to 10 years. That was a America’s national security and to the sensitive country, the U.K., Belgium, very inaccurate statement. continued growth of our economy and Norway, Sweden, Denmark, New Zea- to securing jobs for virtually every sec- land and Australia, they all produce b 2215 tor of our economy.’’ both gas and oil. We are only talking Now, what is interesting about Flor- Now, the Associated Industries of about natural gas, but they produce ida, which is really the opposition here, Florida gets it. They go on to say: ‘‘If both gas and oil on their Continental they use 233 times more natural gas, America doesn’t look to expanding ex- Shelf, and that is really where most of they are huge users, than they produce; ploration and drilling in these OCSs, the world does it. and they sit in the best, most fertile then America will unnecessarily pay a Now what is the advantage of that? I fields of the country. All around them high price,’’ like we are today, ‘‘and think my friend from Iowa said that are huge fields of natural gas and some incur a heavy burden. The U.S. Energy very well. It is where the population is. of the best natural gas, and they are Information Administration forecasts As you go up and down our coastlines, not only not wanting us to produce it, that by 2025 petroleum demand will in- and 85 percent of our coastline today is but they have actually prevented us crease by 39 percent and natural gas part of the moratorium. We only have from leasing tract 181, which was not demand will increase by 34 percent. 15 percent we produce in. That is where under moratorium and that was sched- Higher energy prices have exacted a the population is. We do not have to uled to be released under the Clinton toll on our economy already by slowing build 5,000 mile high-pressure expensive administration to be leased and has not our growth from between .5 percent to lines. You just hook into the cities been leased today due to much of the 1 percent based on pre-hurricane prices. where the population base is and then protesting of Florida. And that is un- Farmers have paid $6 billion more for hook into the system that is already fair to the rest of this country. energy in the last 2 years. Natural gas serving them that comes in from Texas I love my friends from Florida who costs for the chemical industry in and Oklahoma and the gulf, and the are here. They are great people. But America have increased by $10 billion system is hooked together. It is by far, the Florida government leadership, the since 2003. And of the 120 chemical

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9633 plants being built around the world Florida, California, all around the leadership is proposing. But one of the with price tags of $1 billion or more coastline of our country. He particu- things that I wanted to turn to is what each, only one is being built in the larly focuses on natural gas and pro- Democrats think we should be doing in United States. fesses that natural gas is a clean-burn- terms of the budget. ‘‘As a result, Associated Industries of ing gas and that there would be little Democrats want to bring the budget Florida recommends to the MMS that to no risk to expanding that drilling. back into balance. What we proposed in expanded lease sales are important to Well, when one is a representative from the Budget Committee today included our country, to our citizens, and to our the State of Florida, and we have 77 a proposal that would bring the budget way of life. To not utilize all of our million people who visited our State back into balance by 2012. The Demo- available energy resources, when it can just last year alone and $56.5 billion in cratic budget also has a smaller deficit be accomplished in an environmentally taxable sales is generated by tourism, than the Republican budget every year sensitive way, would be a disservice to most of which is the result of our beau- and would accumulate less debt and our country. We need to ensure that we tiful beaches and our pristine coast- waste fewer resources on interest pay- have a bright future by adopting an ex- line, one can clearly see why most Flo- ments that are needed to service the pansive OCS leasing program.’’ ridians would have a significant prob- national debt. We would include budget Osram Sylvania, a big company that lem with the possibility of there being enforcement measures to protect So- owns a lot of plants in this country, oil rigs off our beaches within the eye- cial Security. here is what they said: ‘‘In the past 5 sight of tourists or our residents. We would do more for education. The years, we have seen natural gas prices And Mr. PETERSON of Pennsylvania Democratic proposal provides $4.5 bil- escalate from $3 per MCF to well over has continually represented that nat- lion more for appropriated education $10 on the spot market. As compared to ural gas is a potential alternative en- and training programs than the Repub- natural gas costs in 2000, our bills in ergy source. Well, just off the Florida lican budget for 2006 and $41 billion 2005 will be $24 million higher.’’ coastline, the Minerals Management more over the next 5 years. We also re- Mr. Speaker, again, I thank the gen- Service, which is a government agency ject the $21 billion in cuts that the Re- tleman for yielding to me. under the Department of the Interior, publican budget requires the Education f has documented that there is only and Workforce Committee to make about a 70-day supply of natural gas off over the next 5 years. Those are cuts THE 30-SOMETHING GROUP: THE the coastline of Florida in the gulf that could fall on students loans and DEMOCRATIC BUDGET PROPOSAL under current consumption rates in the school lunches. The SPEAKER pro tempore (Mr. United States. That to me does not ap- These are not the same old tired DAVIS of Kentucky). Under the Speak- pear to take us into the rest of the cen- complaints. It is insulting to suggest er’s announced policy of January 4, tury in terms of dealing with our en- that cutting school lunches and finan- 2005, the gentlewoman from Florida ergy needs. cial aid are tired complaints. If one is (Ms. WASSERMAN SCHULTZ) is recog- What we should be doing is uniting as struggling to be able to give their chil- nized for 60 minutes. Members of Congress representing this dren breakfast and lunch on a daily Ms. WASSERMAN SCHULTZ. Mr. country and dealing with our long- basis and make sure that they are pro- Speaker, first I want to thank the term energy crisis by exploring alter- vided with nutrition and they do not fi- Democratic leader (Ms. PELOSI) of Cali- native energy sources, not going to the nancially have the ability to ensure fornia for the opportunity to spend same old energy sources and trying to that they can do it themselves, staring some time talking about the issues of drill our way out of this problem. Drill- down budget cuts that take that oppor- concern to Americans across this coun- ing is not the solution. There is far too tunity away from them is nothing try, and as a member of the 30-some- much environmental risk to drilling, short of cowardly. This is a cowardly thing Democrats, and I know I will be whether we are drilling for natural gas budget reconciliation bill. It does not joined by my colleagues in a few mo- or drilling for oil; and the proposal show any guts at all, and it abandons ments, we have appreciated hearing that we will be considering that is at- the American people. from the literally hundreds of Ameri- tached to the budget reconciliation Let us talk about housing. In the pre- cans both in our generation and across bill, the budget-cut document that we vious hour, we talked a little bit about the generational spectrum over the will be considering, at the earliest, the housing cuts that this budget-cut last weeks since we have been talking next week, includes a terrible proposal bill would hand down, and I am joined about those issues on the floor here. that would expand drilling off the by my good and close friend whom I My good friend from Pennsylvania, I coastline of Florida and bring drilling had an opportunity to serve with in cannot help but spend a few moments within 125 miles of Florida’s coast on now three different Chambers, the gen- talking about some of the matters that the gulf. tleman from Florida (Mr. MEEK). His he has just addressed, being that I am That is a totally inappropriate pro- district and my district were hit badly a Representative of the State of Flor- posal. It makes absolutely no sense. It by a category 3 storm last week, Hurri- ida; and I had an opportunity to engage would jeopardize our environment, and cane Wilma; and we were talking in the in a very interesting and informative I am hopeful that my colleagues from last hour about housing and the issues and timely dialogue with the gen- Florida and other colleagues who rep- related to affordable housing that our tleman from Pennsylvania (Mr. PETER- resent coastal communities which will constituents were already facing. SON) just yesterday. also be in jeopardy if this provision I want to just point out this picture Unfortunately, the industry organi- passes will join us in opposing this here. Over the weekend I had an oppor- zation that he just cited, which he also budget reconciliation bill, not the least tunity to go door to door in my district cited in our debate the other night, As- of which, because there are many other because there are so many senior citi- sociated Industries of Florida, that is reasons why it should be opposed be- zens trapped in their homes without not an organization, if the Members cause of the dire cuts that are in the power. We still have half a million peo- are familiar with Florida politics, that budget that are going to rain terror ple who do not have power in south is at all representative of the average down on Americans across this coun- Florida. And, unfortunately, whether it business organization in our State. As- try; but to add insult to injury, it also is because of hurricane fatigue or just sociated Industries of Florida is pri- has a terrible provision in it that the fact that there was so much dam- marily made up of the most major cor- would allow drilling off the coastline age in the gulf coast region that it may porations in Florida. Every major oil around our entire country. be difficult to feel the pain that we are company is a member of Associated In- So with that having been said, I want going through in south Florida and un- dustries. So it makes quite a bit of to talk a little bit about what we derstand it, but there is not nearly as sense that the opinion of Associated In- talked about in the previous hour and much attention as we need focused on dustries would reflect what Mr. PETER- turn the conversation back to the what happened in south Florida. SON of Pennsylvania just described. budget reconciliation bill. There are a When I was going to door to door in Mr. PETERSON of Pennsylvania advo- number of significant problems with my district to try to help some of the cates for more drilling off the coast of the budget cuts that the Republican folks who have trouble getting out of

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There are That is what that means. see it all the time at the local, some- hundreds and hundreds of condo- So, I am so glad that we are bringing times at the local level, but the way minium units and apartment buildings to light not only Katrina, not only that the cronyism has permeated, per- and homes and mobile homes that look Rita, but also Wilma; that many sen- meated, the Federal Government with just like this. iors in our district, and we talked President Bush’s friends is really abso- There is a perception, whether it was about this a couple of nights ago, or lutely sickening. created by the media or created by the even over the past weeks, we have been This is an article today out of lack of attention by the national media fighting for the independent commis- CNN.com. The quotes are posted on on what happened with Hurricane sion so we can review not only the Fed- websites. The gentleman from Lou- Wilma, that everything is fine in south eral response, but the State response isiana (Mr. MELANCON), from New Orle- Florida. Everything is not fine, Mr. and the local response. ans, has all of the quotes posted on his Speaker, in south Florida. Now, I just want to take two more website from Brown, the former head of This is the third floor apartment, and minutes. Down in Florida with Wilma, FEMA on the day of the Katrina trag- that is the ceiling of the apartment. when the response was not what it edy. This is just startling. This is just And as we can see, we can look right should have been, Governor Bush of startling. through the ceiling at the sky. This is Florida jumped out in front of the First let me say that Mr. Brown this woman’s master bedroom; and lit- train and said, ‘‘If you want to blame erally during the storm, 1 minute after spent a decade as the Stewards and someone, blame me.’’ Well, you know Judges Commissioner of the Inter- she walked out of that master bed- something, I have a message, not only room, the roof caved in on her bed. A national Arabian Horse Association. for the Governor, but for anyone will- How he ended up as the head of the minute earlier and it would have caved ing to step in front of an unorganized in on her. FEMA agency is beyond my ability as response to people in need, because I a human being to put into my head, to When we talk about the affordable would say to the gentleman from Mas- housing problem that we already had, conceptualize. I cannot believe that the sachusetts (Mr. DELAHUNT) and the now we have thousands of people in President would put someone who was gentleman from Ohio (Mr. RYAN), it south Florida whose homes have been the Commissioner of the International could be your communities next. It condemned, who are faced with no- Arabian Horse Association in charge of could be a terrorist attack. where to go because the average price FEMA. He did not get an appointment So I guess the Governor could not do as an ambassador to a country that has of a house just in Broward is $348,000 a it in Mississippi, he could not do it in year. The rental units, the monthly a lot of beaches. He ends up in charge Louisiana, he could not do it in Ala- rent is sky high. And FEMA has lit- of FEMA after 9/11. bama, he could not run over to Texas erally only 300 inspectors in our State Here is what he says, one of the e- and jump in front of FEMA and say going through these homes to deter- mails. Brown wrote to Cindy Taylor, ‘‘blame me.’’ This is bigger than an in- mine whether these people are going to FEMA’s deputy director of public af- dividual. This is making sure we can qualify for assistance. fairs the morning of the hurricane, I yield to the gentleman from Flor- respond to Americans. ‘‘Can I quit now? Can I come home?’’ I would say to the gentlewoman from ida. A few days later Brown wrote to an Mr. MEEK of Florida. Mr. Speaker, I Florida, I would make this point to what the gentlewoman is pointing out acquaintance, ‘‘I am trapped now. thank the gentlewoman from Florida Please rescue me.’’ (Ms. WASSERMAN SCHULTZ) for yielding here, that what can you say to this senior that you are in his bedroom I mean, give me a break. A few days to me, and I can tell her right now that later, Brown is talking to his PR direc- I shudder when I think about not only there, I believe that is his bedroom where the ceiling came down, or an- tor, his press secretary, Sharon Wor- the devastation that took place in Hur- thy, about his attire, asking her, can ricane Wilma but what took place in other person’s bedroom fell down into their home. you imagine this, asking her ‘‘Tie or Rita and took place in Katrina and not for tonight? Button down blue what happened today in the Budget Ms. WASSERMAN SCHULTZ. The woman had to leave that apartment. shirt?’’ He is asking her about what he Committee. should wear. I want to make sure that the Mem- Mr. MEEK of Florida. So it is a con- demned apartment. She cannot live in This is a couple days after Katrina, bers, Mr. Speaker, are fully aware when the American people were watch- about an act that I did not take part it. Not only are there only 300 FEMA inspectors of over 100,000 and counting ing on all the cable news channels peo- in, an act that not one Democrat on ple suffering in pools of water, flooding that committee took part in, an act condemned residences in Dade, Broward and Palm Beach Counties. everywhere, nothing to eat, people who that at least one Republican did not do not have their insulin, old folks take part in, that is, delivering another Even in Broward County, well over the number. We are going to send 300 peo- starving to death, dehydrating, no catastrophic event to the victims of water, no ice, and this guy is saying ‘‘I these three natural disasters. ple down there to inspect before we are able to assist them. That is the reason am trapped now, please rescue me?’’ Is b 2230 why we need an independent Katrina that the kind of leadership we want? The cuts that were made today in the commission, to make sure we are able No. The United States wants leadership Budget Committee, that I must add to respond to Americans in need. and we get cronyism. without one Democratic vote, but with So when folks come to the floor and A few days later, she says, this is his Democratic amendments, to make sure start talking about, well, you know, I press secretary again, ‘‘Please roll up that those victims do not become vic- do not know why they are complaining, the sleeves of your shirt, all shirts. tims again, were devastating to these because everything seems to be okay Even the President rolled his sleeves to individuals; cutting Medicare, cutting and the lights are on here in the Cham- just below the elbow. In this crisis and programs that will help everyday ber and democracy is strong, we have on TV you just need to look more hard- working Americans, delivering another Americans out there that are suffering working.’’ blow to the gut of the individuals who and we have to give them voice. You got to be kidding me. This is need us the most. Mr. RYAN of Ohio. Mr. Speaker, if what your FEMA director is doing dur- Let me tell you what the majority the gentlewoman will yield, I want to ing Katrina? He is talking with his side is saying. ‘‘Oh, we have to make share with the Speaker and the Amer- press secretary, who said roll up your these offsets to help the Katrina vic- ican people to get this in the CONGRES- shirt sleeves so you look like you are tims.’’ SIONAL RECORD some of the e-mails working.

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They do not care about governance. at its best, because this fellow is not Mr. DELAHUNT. Mr. Speaker, I They do not need government. They do the least bit qualified to be in charge of think it has become clear to us, and, not need student loans. They do not FEMA. The top 8 or 10 people of FEMA again, also I think it is important to need Medicare. They certainly do not were all political appointments of peo- note that many on the other side of the need Medicaid. They do not need the ple who were not qualified. aisle have started to speak out. I know kind of services that government can We want an independent commission that requires considerable courage and provide, because they believe that to oversee this whole process. Why? Be- that has to be acknowledged. But it is America could be best served by a soci- cause this could have been a terrorist clear that if there could be an appro- ety where individuals go their own sep- attack, and we have got someone in priate description of this administra- arate ways. charge of responding to the terrorist tion, put aside philosophical dif- Well, there has to be a balance if we attack who is talking about rolling up ferences, the fact is that they reflect are going to have a strong country and his shirt sleeves so he looks good on an ideology that really in many re- a strong America. CNN. spects is outside of the traditional, Yes, we can be critical, we can be Ms. WASSERMAN SCHULTZ. Mr. mainstream of Republican principles. very critical of the administration, but Speaker, reclaiming my time, it is But the word that I would use to char- let us understand too that Congress has worse. It got worse from there. It was acterize it is that, yes, it is cronyism, earned its share of blame for the mis- not just what he was doing with his at- but at a fundamental level it has been takes of this administration, for the in- tire, rolling up his shirt sleeves, but an administration that has been in- competence of this administration. what he was wearing that they contin- competent. Every student of American Govern- ued to talk about. On August 29, the So this is a question of ability to ment knows that it is the responsi- day of the storm, Brown exchanged e- govern. We know that they do not like bility of Congress to oversee the execu- mails about his attire with Ms. Taylor, government. They see government as a tive, to take a look at what govern- his press secretary again. She told him problem. They do not like to govern. ment agencies are doing. in the e-mail, ‘‘You look fabulous.’’ So I guess it is understandable. They But this Congress, and maybe this is And Brown replied, ‘‘I got it at Nord- want to starve government. They want a by-product of having a single party strom’s. Are you proud of me?’’ to limit it. And that is a valid argu- control all aspects of government, and An hour later he added, If you look ment. we can understand that. It is difficult at my lovely FEMA attire, you will But there are times in this country to criticize a President of your own really vomit. I am a fashion God.’’ when you need government. You need a party. You are reluctant to do that. This is the day of the storm. He is strong military. You need to be pre- That is natural. But more and more of still being paid $148,000 a year to advise pared to defend the homeland. You our friends on the other side of the FEMA, according to Secretary need the kind of programs that can be aisle are speaking out, and more Re- Chertoff, and change, give or take a run forthrightly, honestly and effec- publicans outside of this institution dollar or two, to advise FEMA about tively that give every American a are speaking out. what they should be doing in the after- chance; a chance for an education, a But it is the responsibility of the ma- math. chance for housing, for health care. jority to work with the minority, in Mr. RYAN of Ohio. And we are get- I think that this is all part of what this case Democrats, to exercise over- ting lectured to by people telling us we become when we are born as Amer- sight, to take a look at what is wrong, that that party on that side of the aisle ican citizens. We are participants in a what is going wrong in this country is responsible? Is this responsible? Is social compact that says we are indi- today, and they refuse to. They are that good leadership? We have not seen viduals and we have individual lib- afraid, because if they start to peel off good leadership out of this administra- erties and we will always advocate for the onion, they are going to find some- tion yet. Come on. those liberties, we will fight for those thing very ugly. And as Joe Gallaway Ms. WASSERMAN SCHULTZ. The freedoms. But, at the same time, we recently wrote, and he happens to be only thing that they are doing here is have mutual responsibilities to each the senior military correspondent for they have a lopsided partisan com- other. That is the essence of our great- the Knight Ridder news agencies, that mittee that is supposedly reviewing the ness. when the time comes to point a finger, aftermath of Katrina and FEMA’s re- But if you do not like government, if do not forget, and he is speaking about sponse. You know, I would feel much you do not see a role for government, the war, those who people the marble better about any review, although I then you do not do a very good job Halls of the U.S. Congress whose first strongly believe that there should be when it comes to governance. duties seem to be to protect the Repub- an independent Katrina commission, as Mr. RYAN of Ohio. If the gentle- lican Party and their President. do 81 percent of Americans, but if they woman will yield further, I think the That is the problem. How many had learned something between storms. point really is that not only do they times have Members, senior Members We have had three storms in two disrespect government, and if you dis- of the minority requested investiga- months, from Katrina to Rita and from respect something, it tends to not work tions, inquiries, oversight hearings Rita to Wilma. They have learned appropriately, they see government as into real problems? We heard earlier, nothing. After my district and that of their little sandbox, and they see gov- for example, from this side, people the gentleman from Florida (Mr. MEEK) ernment as their opportunity to take talking about the troops and the need, district got hit by Wilma, and Sec- care of their political contributors, to the need to respect our troops. Yet, it retary Paulison now in FEMA is a bolster their own political party. was the Democrats that started to qualified professional, so at least they Mr. DELAHUNT. Government, with question the Department of Defense have that right now, but unfortunately all due respect, and I do not disagree, about why our troops were not out- FEMA still is not getting it right. but what government is about, it is fitted with body armor. Why were they We still 10 days after the storm do about representing the people. being compelled to use Humvees that not have a disaster recovery center es- were not properly armored? It was tablished in Broward County or in b 2245 Democrats, along with a few coura- Miami Dade County, a permanent one. Mr. RYAN of Ohio. I understand. geous Republicans who said, you know There are seven mobile units between Mr. DELAHUNT. Mr. Speaker, it was what, we are not adequately funding the two counties. We have more than the Founders that created representa- health care for veterans. We can wave

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9636 CONGRESSIONAL RECORD — HOUSE November 3, 2005 the flag and speak of patriotism and what you are driving. You can be driv- portant to have third-party validators send these young men and women to ing a small, compact car. $5 is $5, $10 is so that we show the people who are Iraq, but when they come home, they $10, $20 is $20. They cannot afford to fill hearing us tonight that this is not TIM are not going to have the kind of up their gas tank because it costs so RYAN’s opinion or DEBBIE WASSERMAN health care that they deserve. much, leave alone the fact that it is SCHULTZ’s opinion or KENDRICK MEEK’s Mr. MEEK of Florida. Mr. Speaker, I getting cold. opinion or BILL DELAHUNT’s opinion; just want to chime in to let the gen- Mr. DELAHUNT. But the reality is, this opinion is shared by many, many tleman from Massachusetts know, sir, my friend, that they are taking good others. that we can do better. care of the oil companies. They are The Republican leadership here, they Mr. RYAN of Ohio. Together we can providing $16.5 billion in subsidies to talk a good line about faith and values. do better. the oil companies that are breaking all In fact, they base almost their entire Mr. MEEK of Florida. That is the kinds of records in terms of profits. I campaigns, the case they make to the reason why the Democrats fought hard cited the example of ExxonMobil, but country, about how we need to restore in the Budget Committee to make sure that is only one out of four or five. In family values, we need to restore val- that the Medicare cuts did not take one quarter, in 3 months, their net ues and faith, and there should be more place or put an extra burden on sen- profit was $10 billion. faith injected into every aspect of our iors, to make sure that we replaced the Mr. Speaker, the truth is, and the government. Well, let us see what the burden that the majority side here in facts are very clear, that the majority people of faith, our faith leaders are this House, the Republicans, have put party, the Republicans in Congress, do saying about these budget cuts that we on students as it relates to student aid believe in the welfare state. They are are going to be considering next week. and student loans. $14 billion in fees for advocates of the welfare state, but it is Today, there were leaders from var- students. That means $14 billion in fees restricted. It is restricted to a con- ious faiths that joined in prayer at the and taxes for parents in America, for stituency, and that constituency is Capitol. Those leaders included Rev- grandparents in America. corporate America. Not small business erend Dr. Bob Edgar, who is the gen- We can do better. I am so glad that America, not even midsized business, eral secretary of the National Council we sleep with our fists balled up here but the very largest corporations, of Churches; Reverend Jim Wallis, ready to fight on behalf of Americans whether they be pharmaceutical com- founder of Sojourners and Convener of every day. That is the reason why I feel panies that they have given more than Call to Renewal; Rabbi David excited every time we get the oppor- $100 billion worth of taxpayers’ money Saperstein, director of the Religious tunity to come to this floor to offer an in subsidies, but also oil companies, at Action Center for Reform Judaism; and amendment, to come to this floor here the same time when oil companies are Eleanor Giddings Ivory, director, in this special order, to be able to let breaking records. Washington office, Presbyterian not only the majority side know, the Mr. RYAN of Ohio. Mr. Speaker, Church. They had a press conference Republican majority because, I must there is also another welfare state: before the prayer and they called for a say, and I want to remind everyone, Iraq. We have forgotten to even bring moral budget and urged Congress to the Republicans are in control of this this up tonight, but there is a welfare stop immoral budget priorities. Let me House, the Senate, and the White state in Iraq. And as they are cutting just outline a few of the things that House. So anyone that has anything to programs in the United States on stu- they said. say, and that includes Members, about dent loans, do we know what they are Reverend Wallis said, ‘‘As this moral how the Democrats said this and the doing in Iraq? They rehabbed 2,717 battle for the budget unfolds, I am call- Democrats said that and they are doing schools in Iraq. They trained 36,000 ing on Members of Congress, some of this, we are not doing anything as it teachers in Iraq. As they are cutting whom make much out of their faith, to relates to pulling this country in re- Medicaid and Medicare in the United start some Bible studies before they verse. States, they have trained 2,000 health cast votes to cut food stamps, Med- I am going to tell my colleagues educators in Iraq, 3.2 million children icaid, child care and more that hurt right now, what went down in the vaccinated in Iraq, 110 primary health the weakest in our Nation. Reverend Budget Committee today is shameful; care centers built in Iraq. We have a Edgar of the National Council of it is really shameful. I just want to, as welfare state in Iraq right now that is Churches said, ‘‘We gather today just we work here as a working group, I just being funded by the American taxpayer days after Rosa Parks, the mother of want to say, I want to make sure that at the same time that the Republican the civil rights movement, lie in State the majority side, when that budget Congress is cutting funding for the here in the Capitol rotunda. Even as we comes to this floor, that they abide by United States citizens that live right celebrate her life and the strong wit- the rules of the House of Representa- here in this country. ness she had for justice, we recognize tives. If there is a 15-minute vote, then So they take your public tax dollars that justice is hanging in the balance let it be a 15-minute vote. If there is a and they give $16.5 billion of it to the as this proposed budget, if passed, grace period, 17, 20 minutes, okay. But oil companies, $100 million of it to the would hurt those who are most in need we do not want to be here on this floor pharmaceutical companies, do nothing in our society: children, the elderly, watching the majority side, the Repub- to reduce the cost of pharmaceuticals; and those living in poverty.’’ lican side, twist arms to get the votes they give between $200 billion and $300 I just want to quote from the re- to pass an unjust budget. billion to the welfare state in Iraq and, marks that Rabbi Saperstein made. He Now, we held up a report earlier that at the same time, they are cutting pro- quoted the Bible and used the Bible’s the Republicans called for $35 billion in grams here in the United States of words to help our Republican col- cuts for the very people they are trying America. That is just corrupt. They leagues understand the impact that to help, or they say they are trying to put their party before the country. they are making. He urges us to ‘‘deal help; and then in the end game, it is $50 We want to take this country in a thy bread to the hungry,’’ not ‘‘steal billion in cuts. Not a mumbling word, new direction, change what is going on thy bread from the hungry.’’ not a mumbling word about billion- in this country, and create some inde- Remember Proverbs’ stern warning: aires and moving that tax cut away pendence from shakedown street. ‘‘Do not steal from the weak because from billionaires, just some of it for Mr. DELAHUNT. Mr. Speaker, I have he is weak and do not oppress the poor the offset. Not a mumbling word, not a to tell my colleagues something about in the gate.’’ mumbling word to the oil industry that corruption. My colleagues have not Listen to the voiceless and to the is dancing in the street and people seen anything yet. Biblical imperative: ‘‘Speak out for around here are putting in $5 and $10 in Ms. WASSERMAN SCHULTZ. Mr. those who cannot speak for the rights their tank because they cannot afford Speaker, if the gentleman will yield, of the destitute.’’ to fill their tank up. It is not because we talk in our 30-something Working These are the third-party validators they like going to gas stations; it is Group here, I used to say every week; who are our religious leaders that are the fact that they cannot afford to fill but now it’s every night, about third- urging this Republican leadership not their tank up. So it does not matter party validators, and I think it is im- to go down this path, not to pull out

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9637 the rug and the floor and literally burn make sure that we let America know purposes, half of that from the Chinese the house down that people who are so what they were trying to do. Central Bank, the Communist Central badly in need in this country cannot When I say they, I am talking about Chinese Bank. As you indicate, they afford to sustain. a Republican majority. are educating some 600,000 engineers. So, once again, I will close by saying b 2300 How do they pay for that? Well, you this, that the Republicans are in con- know how they paid for part of it? The Mr. MEEK of Florida. I just wanted trol of this House by the majority, and American taxpayer, Mr. Speaker. When to tell you, they are not a Democratic in the Senate they have a majority, they pay the interest on the debt to the club or an independent voters club or a and the White House, they definitely Chinese, that allows the Chinese to Republican club. They are our religious have control of that. And the reason fund the education of some 600,000 stu- leaders that are calling upon this Con- why I continue to say that is that I dents in technical schools in China. gress to recognize their responsibility. want to make sure that folks know Mr. RYAN of Ohio. So are you saying I can tell you right now, you know, I that we are fighting a good fight here, that the interest that the American am a Baptist. But I do not have a lot of but we need to make sure that the Re- taxpayer pays on the money we are time, you know, Christian, Baptist. publicans, Democrats, independents, borrowing from China is being invested But here is the issue. I just wanted to those that are thinking about voting, on the Chinese people to create 600,000 make sure that we know exactly what registering to vote, get involved in this engineers a year? we are doing. We know what we are process. Mr. DELAHUNT. Well, we are paying doing. We know what they are doing. Because I can tell you right now, I for their education in China. We are We want to make sure that we illu- have some good friends that are Repub- paying for roads, 6,000 miles of roads in minate what they are doing because, licans, and they are very upset about Iraq, 5,000 units of affordable housing, when it comes down to it, if the Repub- what is going on right now. I have good Mr. Speaker, in Iraq. We are paying lican majority in this House was doing friends that are Independents, and they for, you know, primary health care such a great job, then why do only 35 make comments as it relates to what is centers in Iraq; and you know what we percent of the American people feel happening here in this House. are doing in the United States? We are that we are doing a good job? But folks are saying, fiscal responsi- cutting everything. Now if it is only 35 percent of the bility? Okay, you know I am a fiscal We built a beautiful dam, a magnifi- American people, just do the math. A conservative because I say I am, not cent dam, an absolute ultimate in super majority of Americans feel that because of our acts. terms of engineering to prevent flood- we are not doing our job. Why do they This is a President that has not ve- ing. And we are familiar now with feel that the President, why is the toed one spending bill. Not one. Not floods. Clearly, the people in New Orle- President at his lowest approval rating one. ans, Mr. Speaker, are very, very famil- of his entire administration at 35? Why Mr. RYAN of Ohio. Mr. Speaker, I iar with floods. There was a problem is DICK CHENEY’s approval rating at 19? want to share with the American peo- with a levee in New Orleans in terms of So when folks start coming to the ple something we shared with them the structural defects. floor swelling all up and carrying on earlier in the last hour or 2 hours ago But the one that I am talking about, and saying, you know, we salute one about being fiscally responsible. In the dam that I am talking about, that flag, and anyone else that has anything fact, in the last 224 years, 42 Presi- engineering marvel that we built with to ask or say about it, they are with dents, they borrowed $1 trillion from taxpayer dollars, American taxpayer the other folks, with the terrorists, outside sources, other countries. dollars, was not built in New Orleans. with the enemy, why are they coming Forty-two presidents, 224 years over a It was built in Mosul, Iraq. here? Why are not they doing certain trillion dollars. Where are our priorities? things? In the last 4 years, the Republican Ms. WASSERMAN SCHULTZ. Our But I just want to make this point on President with the Republican House priorities, apparently the priorities of this issue. I just wanted to make sure and the Republican Senate have bor- this administration are in appointing that we understand that we live in a rowed more than we have borrowed in unqualified people to run Government democracy, and that we have the very the previous 224 years, over a trillion agencies like Michael Brown, whose people that the majority side is cutting dollars from foreign countries, China, priorities clearly were more on what the programs that help them the most, Japan, Saudi Arabia. kind of shirt he was wearing, as op- Medicaid, Medicare, being able to pro- Here is the kicker. See, now they are posed to making sure that the people tect our environment in a way that it the bank. Now China is the bank. Now in the gulf coast States who were about should be protected. they are already taking our jobs. Now to get and then did get hit by Katrina Democrats, what we did we made they are holding the bank notes, and did get taken care of. And about sure that we put forth amendments we got to pay interest on it. whether to roll up their shirtsleeves that will help everyday Americans, Here is the kicker. Here is what just and by appointing their college room- that we will be able to achieve the really frosts me. At the same time, mates to jobs, to making sure that you goals that we are supposed to achieve China is graduating 600,000 engineers a have well-qualified people in the Gov- as Members of Congress. We also year; and the United States is grad- ernment. pushed a philosophy of making sure uating 70,000. So what does the Repub- It does not stop at Michael Brown. that we bring the budget back in bal- lican majority do? After borrowing bil- You have people who have been found ance. We made sure that for every time lions of dollars from the Chinese and to be wholly unqualified up and down that someone puts forth a program watching them educate their kids and the Government. You have corruption, that we have a way to pay for it, not have 600,000 engineers when we only through and through, from the top. At just saying we are going to run over to have 70,000, they raise the fees on stu- the White House, the first person work- China and say we are going to get the dent loans. They cut the education ing in the White House in 130 years to money, or not to say that we are going budget. be indicted in 130 years. to pay for it on the backs of everyday Then the kids who need health care, You know, we have had quite a few Americans as it relates to including a so that they can at least concentrate scandals in White Houses past just in budget enforcement measure to protect in school, so they are not sick, they my lifetime, but never once has a Social Security. cut that, too. White House official, an administra- That is another pot that the majority Where is the long-term vision from tion official working in the White cannot help themselves of going into the Republican party? House been indicted before 130 years and raiding all the time. It was this Mr. DELAHUNT. If you think about ago. That is where their priorities are. working group, amongst many others, it in terms of individuals and then ex- Mr. MEEK of Florida. If I may, I that fought off the majority on this trapolate to nations, it is really easy mean, it is just not an indictment that side of the aisle. We had 500 plus town to understand. We are borrowing a tril- someone ran out and took a plane and hall meetings, a number of editorials, a lion dollars. Let us say we are bor- took a plane to go see a basketball number of editorial board meetings to rowing, just for the sake of discussion game and flew back on some private

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9638 CONGRESSIONAL RECORD — HOUSE November 3, 2005 company or something. It is not that. Congress. You are a Member of the one would think that after Brownie It is not something that reflects on 109th Congress, and you have a respon- they would have learned, who is still personal judgment. sibility to lead. on the payroll. No, this is outing, Mr. Speaker, a If you do not want to lead, I am going Mr. RYAN of Ohio. $148,000 a year. clandestine CIA agent. That individual to tell you something, as sure my name Ms. WASSERMAN SCHULTZ. that goes in, and guess what? Guess is Congressman MEEK, I feel that the $148,000 a year. They may have learned what the agent’s job was? To help us in American people, Democrat, Repub- and bring in additional people who are finding out those countries that have lican, Independent alike, and even qualified. Yet, the President just weapons of mass destruction. To harm going back to what the gentleman was picked the FDIC, the Federal Deposit who? The United States of America. talking about, 224 years of individuals Insurance Corporation, chairman to And because she was out, and now, you that were fiscally responsible, the Whig run the gulf coast recovery. Let us pe- know, I am hearing that in the White Party, okay, these individuals will rise ruse his qualification. He gave $100,000 House they are saying that the defense up to make sure that we protect our to President Bush’s Presidential cam- is going to be, well, you know, I have a country. paign. lot of conversations in a day. I did not Mr. RYAN of Ohio. Do you know Mr. RYAN of Ohio. Corruption. Ms. WASSERMAN SCHULTZ. He has quite remember talking to a reporter why? Because the kids that have to pay 30 years’ experience in the financial about a CIA agent. this debt, that $8 trillion, they are not I am concerned, Mr. Speaker, because services industry. just Republican kids, they are not just Mr. RYAN of Ohio. Cronyism. if that is something that you can for- Democratic kids, they are kids born in Ms. WASSERMAN SCHULTZ. It does get, the time that you outed a CIA the United States of America. not stop. agent, and you forget it. You are like, Mr. DELAHUNT. Do you know what Mr. RYAN of Ohio. Incompetence. oh, well, you know, I got coffee. Then the tragedy of this is? Let us put aside Ms. WASSERMAN SCHULTZ. Be- I walked over here. You know, you do for a moment indictments and a discus- cause they have no interest in it stop- not just out a CIA agent. sion of who might be indicted in the fu- ping. Ms. WASSERMAN SCHULTZ. Mr. ture or misconduct that violates crimi- We are approaching the end of our Speaker, it is really hard to keep track nal statutes. hour, and I want to yield to the gen- of all of the lies. b 2315 tleman from Ohio (Mr. RYAN) and ask Mr. MEEK of Florida. You cannot him to give out our Web site. violate national security when you What is truly unfortunate here is Mr. RYAN of Ohio. have a security clearance, hello, that that we have reached a point where [email protected]. there is a culture that exists here in the four of us have. I said the other f night, if I wanted to, you know, for po- Washington where if there is disagree- litical gain, talk about the things that ment, if there is dissent that it is de- LEAVE OF ABSENCE I know as a Member of the Armed Serv- scribed as unpatriotic. By unanimous consent, leave of ab- ices Committee, talk about the things We have heard that I think earlier sence was granted to: that I know as a Member of the Home- this evening on the floor, the inference Mr. ETHERIDGE (at the request of Ms. land Security Committee for political being that if there is any dissent or dis- PELOSI) for November 2. gain, that would be horrible and a agreement, somehow motives can be Miss MCMORRIS (at the request of Mr. crime. inferred that that courageous indi- BLUNT) for today on account of busi- And it took place. You know, if it vidual, in my judgment, who speaks ness in her district. was just politics, I mean, people can out in opposition is somehow unpatri- Mr. TIAHRT (at the request of Mr. understand. But someone could have otic. BLUNT) for today on account of family lost their life. We do not know yet. And There was an interesting article or obligations. now her cover has been blown. A whole column just recently by Jim Hoagland f front that the CIA has has been blown. in The Washington Post where he said, SPECIAL ORDERS GRANTED Mr. President, he wrote a letter to And those individuals that she has re- By unanimous consent, permission to President Bush, he said, Mr. President, lationships with have been blown, all address the House, following the legis- would it not have been easier if you because some folks thought it would be lative program and any special orders had just wrote a letter to the editor in good for political gain to be reelected heretofore entered, was granted to: to the White House. response to the opinion piece that was (The following Members (at the re- produced by Mr. WILSON? Would that Now I am going to tell you some- quest of Mr. STUPAK) to revise and ex- thing right now, ladies and gentlemen, not have been welcomed by the Amer- tend their remarks and include extra- that we cannot allow this activity to ican people, by Members of Congress? neous material:) continue. But what has happened is no, let us Mr. SCHIFF, for 5 minutes, today. As we started talking, I was handed a design a plan to impugn that individ- Mr. BROWN of Ohio, for 5 minutes, piece of paper here, because I was in- ual’s integrity. Let us try to destroy today. correct. The Congress approval rating that individual. Let us try to discredit Ms. WOOLSEY, for 5 minutes, today. is at 31. At 31. So anyone that wants to him or her. That is not what democ- Mr. EMANUEL, for 5 minutes, today. come to the floor chest-beating and racy is about. In fact, today I read the Mr. DEFAZIO, for 5 minutes, today. patting yourself on the back, talking White House had prepared a series of Mrs. MCCARTHY, for 5 minutes, today. about I am doing a great job, let me talking points attacking the former Mr. STUPAK, for 5 minutes, today. tell you something on both sides of the National Security Advisor, Brent Mr. MCDERMOTT, for 5 minutes, aisle, we have to step it up on own our Scowcroft, who recently went public in today. (The following Members (at the re- leadership. We have to step it up on our saying that the policies of this Bush quest of Ms. ROS-LEHTINEN) to revise leadership, and we have to do it to- administration as it relates to Iraq and and extend their remarks and include gether on behalf of Americans. We have the Middle East are a failure. They extraneous material:) to do it together on behalf of Ameri- were preparing, according to Mr. Ms. ROS-LEHTINEN, for 5 minutes, cans, not Democrats, not Republicans, Hoagland’s column, talking points to today. not independents, not the special inter- attack him. We have got to get away Mr. LEWIS of California, for 5 min- ests, not the folks that showed up at from this politics of destruction and ad utes, November 4. the fund-raiser last night. hominem attacks and questioning Ms. HARRIS, for 5 minutes, today. We have got to make sure that we individuals’s patriotism. That is not f represent the United States of America what we are about. and the people that pay taxes. We were Ms. WASSERMAN SCHULTZ. Mr. BILL PRESENTED TO THE Federalized when we were elected. So if Speaker, it is unfortunate that they do PRESIDENT folks feel, oh, well, I am here or here, not appear to have any interest in that. Jeff Trandahl, Clerk of the House re- and I do not need to worry about that, Yet again, the cronyism and the cul- ports that on November 1, 2005, he pre- you are a Member of the United States ture of corruption continues because sented to the President of the United

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE November 3, 2005 CONGRESSIONAL RECORD — HOUSE H9639 States, for his approval, the following of Homeland Security, transmitting the De- Milwaukee, WI [CGD09-05-123] (RIN: 1625- bill. partment’s final rule—Security Zones; AA00) received September 26, 2005, pursuant Charleston Harbor, Cooper River, SC [COTP to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 3765. A bill to extend through March Charleston 05-037] (RIN: 1625-AA87) received Transportation and Infrastructure. 31, 2006, the authority of the Secretary of the September 8, 2005, pursuant to 5 U.S.C. 4947. A letter from the Chief, Regulations Army to accept and expend funds contrib- 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department uted by non-Federal public entities and to tation and Infrastructure. of Homeland Security, transmitting the De- expedite the processing of permits. 4938. A letter from the Chief, Regulations partment’s final rule—Safety Zone; f and Administrative Law, USCG, Department Manasquan Inlet [CGD05-05-113] (RIN: 1625- of Homeland Security, transmitting the De- AA00) received September 26, 2005, pursuant ADJOURNMENT partment’s final rule—Safety Zone Regula- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. WASSERMAN SCHULTZ. Mr. tions, New Tacoma Narrows Bridge Con- Transportation and Infrastructure. Speaker, I move that the House do now struction Project [CGD13-05-033] (RIN: 1625- 4948. A letter from the Chief, Regulations and Administrative Law, USCG, Department adjourn. AA00) received September 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- The motion was agreed to; accord- Transportation and Infrastructure. partment’s final rule—Safety Zone; Lower ingly (at 11 o’clock and 19 minutes 4939. A letter from the Chief, Regulations Mississippi River (LMR), Greenville, MS p.m.), the House adjourned until to- and Administrative Law, USCG, Department [COTP Lower Mississippi River-05-008] (RIN: morrow, Friday, November 4, 2005, at 9 of Homeland Security, transmitting the De- 1625-AA00) received September 26, 2005, pur- a.m. partment’s final rule—Special Local Regula- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tions for Marine Events; Delaware River, mittee on Transportation and Infrastruc- f Philadelphia, PA and Camden, NJ [CGD05-05- ture. EXECUTIVE COMMUNICATIONS, 097] (RIN: 1625-AA08) received September 26, 4949. A letter from the Chief, Regulations ETC. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department Committee on Transportation and Infra- of Homeland Security, transmitting the De- Under clause 8 of rule XII, executive structure. partment’s final rule—Safety Zones: Fire- communications were taken from the 4940. A letter from the Chief, Regulations works displays in the Captain of the Port Speaker’s table and referred as follows: and Administrative Law, USCG, Department Portland Zone [CGD13-05-027] (RIN: 1625- of Homeland Security, transmitting the De- AA00) received September 26, 2005, pursuant 4931. A letter from the Chief, Regulations partment’s final rule—Special Local Regula- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department tions for Marine Events; Choptank River, Transportation and Infrastructure. of Homeland Security, transmitting the De- Cambridge, MD [CGD05-05-075] (RIN: 1625- 4950. A letter from the Acting Chief, Office partment’s final rule—Security Zone; Cleve- AA08) received September 26, 2005, pursuant of Regulations and Administrative Law, land Harbor, Cleveland, Ohio, change of loca- to 5 U.S.C. 801(a)(1)(A); to the Committee on USCG, Department of Homeland Security, tion [CGD09-05-027] (RIN: 1625-AA87) received Transportation and Infrastructure. transmitting the Department’s final rule— September 8, 2005, pursuant to 5 U.S.C. 4941. A letter from the Chief, Regulations Safety Zone; Fireworks Display, Northwest 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department Harbor, Baltimore Harbor, MD. [CGD05-05- tation and Infrastructure. of Homeland Security, transmitting the De- 001] (RIN: 1625-AA00) received September 8, 4932. A letter from the Chief, Regulations partment’s final rule—Special Local Regula- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department tions for Marine Events; Sunset Lake, Wild- Committee on Transportation and Infra- of Homeland Security, transmitting the De- wood Crest, NJ [CGD05-05-076] (RIN: 1625- structure. partment’s final rule—Regulated Navigation AA08) received September 26, 2005, pursuant 4951. A letter from the Acting Chief, Office Area, Chicago Sanitary and Ship Canal, to 5 U.S.C. 801(a)(1)(A); to the Committee on of Regulations and Administrative Law, Romeoville, IL [CGD09-05-001] (RIN: 1625- Transportation and Infrastructure. USCG, Department of Homeland Security, AA11] received September 8, 2005, pursuant 4942. A letter from the Chief, Regulations transmitting the Department’s final rule— to 5 U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department Safety Zone; Chesapeake Bay, Mathews, VA. Transportation and Infrastructure. of Homeland Security, transmitting the De- [CGD05-05-002] (RIN: 1625-AA00) received Sep- 4933. A letter from the Chief, Regulations partment’s final rule—Special Local Regula- tember 8, 2005, pursuant to 5 U.S.C. and Administrative Law, USCG, Department tions for Marine Events; Pasquotank River, 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Elizabeth City, North Carolina [CGD05-05- tation and Infrastructure. partment’s final rule—Security Zone; Cape 005] (RIN: 1625-AA08) received September 26, 4952. A letter from the Acting Chief, Office Fear River, Eagle Island, North Carolina 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Regulations and Administrative Law, State Port Authority Terminal, Wilmington, Committee on Transportation and Infra- USCG, Department of Homeland Security, NC [CGD05-05-018] (RIN: 1625-AA87) received structure. transmitting the Department’s final rule— September 8, 2005, pursuant to 5 U.S.C. 4943. A letter from the Chief, Regulations Safety Zone; Potomac River, Washington, 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department DC [CGD05-05-003] (RIN: 1625-AA00) received tation and Infrastructure. of Homeland Security, transmitting the De- September 8, 2005, pursuant to 5 U.S.C. 4934. A letter from the Chief, Regulations partment’s final rule—Safety Zones; Sector 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department New Orleans; barges [USCG-2005-22429] (RIN: tation and Infrastructure. of Homeland Security, transmitting the De- 1625-AA11) received September 26, 2005, pur- 4953. A letter from the Acting Chief, Office partment’s final rule—Drawbridge Operation suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Regulations and Administrative Law, Regulation; New Jersey Intracoastal Water- mittee on Transportation and Infrastruc- USCG, Department of Homeland Security, way [CGD05-05-012] (RIN: 1625-AA09) received ture. transmitting the Department’s final rule— September 8, 2005, pursuant to 5 U.S.C. 4944. A letter from the Chief, Regulations Safety Zone; M/V Simco, St. Lawrence River, 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department NY [CGD09-05-003] (RIN: 1625-AA00) received tation and Infrastructure. of Homeland Security, transmitting the De- September 8, 2005, pursuant to 5 U.S.C. 4935. A letter from the Chief, Regulations partment’s final rule—Safety Zone; Transfer 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department of M/V WILLIAM G. MATHER, Cleveland, tation and Infrastructure. of Homeland Security, transmitting the De- Ohio [CGD09-05-126] (RIN: 1625-AA00) received 4954. A letter from the Acting Chief, Office partment’s final rule—Special Local Regula- September 26, 2005, pursuant to 5 U.S.C. of Regulations and Administrative Law, tions for Marine Event; Labor Day Fire- 801(a)(1)(A); to the Committee on Transpor- USCG, Department of Homeland Security, works Display, South Lake Tahoe, CA tation and Infrastructure. transmitting the Department’s final rule— [CGD11-05-022] (RIN: 1625-AA08) received Sep- 4945. A letter from the Chief, Regulations Safety Zone: Barge Recovery Operations in tember 26, 2005, pursuant to 5 U.S.C. and Administrative Law, USCG, Department the Captain of the Port Portland Zone. 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- [CGD13-05-005] (RIN: 1625-AA00) received Sep- tation and Infrastructure. partment’s final rule—Safety Zone; Blasting tember 8, 2005, pursuant to 5 U.S.C. 4936. A letter from the Chief, Regulations Operations, Demolition of Bridge Piers: Si- 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department korsky Bridge over the Housatonic River be- tation and Infrastructure. of Homeland Security, transmitting the De- tween Stratford and Milford, CT [CGD01-05- 4955. A letter from the Acting Chief, Office partment’s final rule—Special Local Regula- 085] (RIN: 1625-AA00) received September 26, of Regulations and Administrative Law, tions for Marine Events; Mill Creek, Fort 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the USCG, Department of Homeland Security, Monroe, Hampton, Virginia [CGD05-05-078] Committee on Transportation and Infra- transmitting the Department’s final rule— (RIN: 1625-AA08) received September 8. 2005, structure. Safety Zone; LaQuinta Ship Channel, Corpus pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4946. A letter from the Chief, Regulations Christi, TX [COTP Corpus Christi-05-001] mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department (RIN: 1625-AA00) received September 8, 2005, ture. of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4937. A letter from the Chief, Regulations partment’s final rule—Safety Zone; Mil- mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department waukee River Challenge, Milwaukee River, ture.

VerDate Aug 31 2005 05:12 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03NO5.REC H03NO5 mmaher on PROD1PC70 with CONG-REC-ONLINE H9640 CONGRESSIONAL RECORD — HOUSE November 3, 2005 4956. A letter from the Acting Chief, Office 4965. A letter from the Acting Chief, Office tive duty in Iraq or Afghanistan; with of Regulations and Administrative Law, of Regulations and Administrative Law, amendments (Rept. 109–268). Referred to the USCG, Department of Homeland Security, USCG, Department of Homeland Security, Committee of the Whole House on the State transmitting the Department’s final rule— transmitting the Department’s final rule— of the Union. Safety Zone; Houston Ship Channel, Upper Safety Zone; Ohio River miles 526.5 to 536.5, Mr. YOUNG of Alaska: Committee on Galveston Bay, Galveston Bay, TX [COTP Ghent, Kentucky [COTP Louisville-05-003] Transportation and Infrastructure. House Houston-04-002] (RIN: 1625-AA00) received (RIN: 2115-AA00) received September 8, 2005, Resolution 488. Resolution requesting that September 8, 2005, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the President transmit to the House of Rep- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- resentatives information in his possession tation and Infrastructure. ture. relating to contracts for services or con- 4957. A letter from the Acting Chief, Office 4966. A letter from the Acting Chief, Office struction related to Hurricane Katrina re- of Regulations and Administrative Law, of Regulations and Administrative Law, covery (Rept. 109–269). Referred to the House USCG, Department of Homeland Security, USCG, Department of Homeland Security, Calendar. transmitting the Department’s final rule— transmitting the Department’s final rule— Mr. LINCOLN DIAZ-BALART of Florida: Safety Zone; Houston Ship Channel, Upper Safety Zone; Green River mile marker 7.0 to Committee on Rules. House Resolution 532. Galveston Bay, Galveston Bay, TX [COTP mile marker 9.0, Spottsville, KY [COTP Lou- Resolution waiving points of order against Houston-04-003] (RIN: 1625-AA00) received isville-05-004] (RIN: 2115-AA00) received Sep- the conference report to accompany the bill September 8, 2005, pursuant to 5 U.S.C. tember 8, 2005, pursuant to 5 U.S.C. (H.R. 3057) making appropriations for foreign 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- operations, export financing, and related tation and Infrastructure. tation and Infrastructure. programs for the fiscal year ending Sep- 4958. A letter from the Acting Chief, Office 4967. A letter from the Acting Chief, Office tember 30, 2006, and for other purposes (Rept. of Regulations and Administrative Law, of Regulations and Administrative Law, 109–270). Referred to the House Calendar. USCG, Department of Homeland Security, USCG, Department of Homeland Security, f transmitting the Department’s final rule— transmitting the Department’s final rule— Safety Zone; Ohio River Mile 161.5 to Mile Safety Zone; Bayou Terrebonne Floodgate, PUBLIC BILLS AND RESOLUTIONS 203, Reedsville, OH [COTP Huntington-05-001] Montegut, LA [COTP Morgan City-05-001] Under clause 2 of rule XII, public (RIN: 1625-AA00) received September 8, 2005, (RIN: 1625-AA00) received September 8, 2005, bills and resolutions were introduced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and severally referred, as follows: mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- ture. ture. By Mr. KNOLLENBERG (for himself, 4959. A letter from the Acting Chief, Office 4968. A letter from the Acting Chief, Office Mr. BLUNT, Mr. MORAN of Virginia, of Regulations and Administrative Law, of Regulations and Administrative Law, Mr. CAMP, Mr. KIND, Mr. ROGERS of USCG, Department of Homeland Security, USCG, Department of Homeland Security, Michigan, Mr. HOEKSTRA, Mr. transmitting the Department’s final rule— transmitting the Department’s final rule— RAMSTAD, Mr. DREIER, Mr. BOEHNER, Safety Zone; Port Canaveral Jetties, Port Safety Zone; Delta Farms, Bayou Perot, LA Mrs. MILLER of Michigan, Mr. Canaveral, FL. [COTP Jacksonville 05-003] [COTP Morgan City-05-013] (RIN: 1625-AA00) MCCOTTER, Mr. MANZULLO, Mr. KIRK, (RIN: 1625-AA00) received September 8, 2005, received September 8, 2005, pursuant to 5 Mr. UPTON, Mr. RYAN of Wisconsin, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Mr. KENNEDY of Minnesota, and Mr. mittee on Transportation and Infrastruc- Transportation and Infrastructure. EHLERS): H.R. 4217. A bill to amend the Tariff Act of ture. 4969. A letter from the Acting Chief, Office 1930 to allow United States manufacturers 4960. A letter from the Acting Chief, Office of Regulations and Administrative Law, that use products subject to countervailing of Regulations and Administrative Law, USCG, Department of Homeland Security, or antidumping duty proceedings or use do- USCG, Department of Homeland Security, transmitting the Department’s final rule— mestic like products to participate in those transmitting the Department’s final rule— Safety Zone; Lower Mississippi River, Mile proceedings as interested parties, and for Safety Zones; St. Johns Rover, Clay County, 169.5 to Mile 170.5, Darrow, LA [COTP New other purposes; to the Committee on Ways FL [COTP Jacksonville 05-004] (RIN: 1625- Orleans-04-039] (RIN: 1625-AA00) received Sep- and Means. AA00) received September 8, 2005, pursuant tember 8, 2005, pursuant to 5 U.S.C. By Mr. MCHUGH: to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- H.R. 4218. A bill to amend the Internal Rev- Transportation and Infrastructure. tation and Infrastructure. 4961. A letter from the Acting Chief, Office enue Code of 1986 to provide a 100 percent de- 4970. A letter from the Director, Regula- of Regulations and Administrative Law, duction for the health insurance costs of in- tions and Disclosure Law Division, Depart- USCG, Department of Homeland Security, dividuals; to the Committee on Ways and ment of Homeland Securtiy, transmitting transmitting the Department’s final rule— Means. the Department’s final rule—Extension of Safety Zone; St. Johns River, Jacksonville, By Mr. MCHUGH: Import Restrictions Imposed on Certain Cat- FL [COTP Jacksonville 05-030] (RIN: 1625- H.R. 4219. A bill to amend the Internal Rev- egories of Archaeological Material from the AA00) received September 8, 2005, pursuant enue Code of 1986 to allow individuals a re- Pre-Hispanic Cultures of the Republic of to 5 U.S.C. 801(a)(1)(A); to the Committee on fundable credit against income tax for the Nicaragua [CBP Dec. 05-33] (RIN: 1505-AB61) Transportation and Infrastructure. purchase of private health insurance; to the 4962. A letter from the Acting Chief, Office received October 19, 2005, pursuant to 5 Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on of Regulations and Administrative Law, By Mr. MCHUGH: USCG, Department of Homeland Security, Ways and Means. H.R. 4220. A bill to amend the Internal Rev- transmitting the Department’s final rule— f enue Code of 1986 to provide that distribu- Safety Zone; Vincent Thomas Bridge, Los tions from an individual retirement plan, a Angeles, CA [COTP Los Angeles-Long Beach, REPORTS OF COMMITTEES ON section 401(k) plan, or a section 403(b) con- CA; 05-002] (RIN: 1625-AA00) received Sep- PUBLIC BILLS AND RESOLUTIONS tract shall not be includible in gross income tember 8, 2005, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of to the extent used to pay long-term care in- 801(a)(1)(A); to the Committee on Transpor- committees were delivered to the Clerk surance premiums; to the Committee on tation and Infrastructure. for printing and reference to the proper Ways and Means. 4963. A letter from the Acting Chief, Office By Mr. ADERHOLT: of Regulations and Administrative Law, calendar, as follows: H.R. 4221. A bill to amend the Internal Rev- USCG, Department of Homeland Security, Mr. SENSENBRENNER: Committee on the enue Code of 1986 to provide special rules for transmitting the Department’s final rule— Judiciary. Supplemental report on H.R. 4128. the exchange or installment sale of certain Safety Zone; Ohio River miles 841.0 to 851.0, A bill to protect private property rights agricultural property; to the Committee on Uniontown, KY [COTP Louisville-05-001] (Rept. 109–262 Pt. 2). Ordered to be printed. Ways and Means. (RIN: 2115-AA00) received September 8, 2005, Mr. TOM DAVIS of Virginia: Committee on By Ms. MCCOLLUM of Minnesota (for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government Reform. H.R. 3508. A bill to au- herself, Mr. SHAYS, Mrs. mittee on Transportation and Infrastruc- thorize improvements in the operation of the CHRISTENSEN, Ms. JACKSON-LEE of ture. government of the District of Columbia, and Texas, Mr. MCGOVERN, Mr. LEACH, 4964. A letter from the Acting Chief, Office for other purposes; with an amendment Ms. DELAURO, Mr. BERMAN, Mr. of Regulations and Administrative Law, (Rept. 109–267). Referred to the Committee of PAYNE, Mr. GRIJALVA, Mr. USCG, Department of Homeland Security, the Whole House on the State of the Union. MCDERMOTT, Mr. SANDERS, Mr. transmitting the Department’s final rule— Mr. TOM DAVIS of Virginia: Committee on HONDA, Mrs. MALONEY, Mr. CASE, Mr. Safety Zone; Ohio River mile 530.5 to mile Government Reform. H.R. 923. A bill to MCNULTY, Mrs. JOHNSON of Con- 535.0, in vicinity of Markland Lock & Dam, amend title 39, United States Code, to pro- necticut, and Mr. LARSON of Con- Ghent, KY [COTP Louisville-05-002] (RIN: vide for free mailing privileges for personal necticut): 1625-AA00) received September 8, 2005, pursu- correspondence and parcels sent by family H.R. 4222. A bill to provide assistance to ant to 5 U.S.C. 801(a)(1)(A); to the Committee members from within the United States to improve the health of newborns, children, on Transportation and Infrastructure. members of the Armed Forces serving on ac- and mothers in developing countries, and for

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other purposes; to the Committee on Inter- sary; to the Committee on Education and the H.R. 2808: Mr. BRADY of Pennsylvania and national Relations. Workforce. Mr. HINCHEY. By Mr. PASCRELL: By Mr. REICHERT: H.R. 2812: Mr. BRADY of Pennsylvania. H.R. 4223. A bill to prohibit cuts in Federal H. Res. 533. A resolution supporting the H.R. 2861: Mr. JENKINS. funding under the Medicaid Program until goals and ideals of Cambodian-American H.R. 2989: Mr. MATHESON and Mr. BARROW. full consideration is given to recommenda- Freedom Day; to the Committee on Govern- H.R. 3006: Ms. MCCOLLUM of Minnesota. tions of a Bipartisan Commission on Med- ment Reform. H.R. 3095: Mr. GOODE. icaid; to the Committee on Energy and Com- H.R. 3096: Mr. LARSEN of Washington. f merce. H.R. 3101: Mr. MCHUGH. By Mr. DAVIS of Tennessee: PRIVATE BILLS AND H.R. 3127: Mr. MEEHAN, Mr. DAVIS of Ken- H.R. 4224. A bill to amend title II of the So- RESOLUTIONS tucky, Mr. DEFAZIO, Mr. ISSA, Mr. GORDON, cial Security Act to provide that an individ- Mr. KENNEDY of Rhode Island, and Mr. NAD- ual’s entitlement to any benefit thereunder Under clause 3 of rule XII, LER. shall continue through the month of his or Mr. PASTOR introduced a bill (H.R. 4230) H.R. 3137: Mr. SHAW and Mr. HUNTER. her death (without affecting any other per- for the relief of Alejandro E. Gonzales; which H.R. 3145: Mrs. JOHNSON of Connecticut, son’s entitlement to benefits for that month) was referred to the Committee on the Judici- Mr. PAYNE, Mr. MCHUGH, and Mr. FRANK of and that such individual’s benefit shall be ary. Massachusetts. payable for such month only to the extent f H.R. 3147: Mr. LAHOOD. proportionate to the number of days in such H.R. 3189: Mr. PITTS. month preceding the date of such individ- ADDITIONAL SPONSORS H.R. 3301: Mr. DOYLE, Mr. SODREL, and Ms. ual’s death; to the Committee on Ways and Under clause 7 of rule XII, sponsors PRYCE of Ohio. Means. H.R. 3317: Mrs. MUSGRAVE. By Ms. DELAURO: were added to public bills and resolu- H.R. 3385: Mr. TOM DAVIS of Virginia. H.R. 4225. A bill to amend the Help Amer- tions as follows: H.R. 3476: Mr. RUPPERSBERGER and Mr. ica Vote Act of 2002 to require States to keep H.R. 93: Mr. LEACH. FRANK of Massachusetts. confidential the addresses of victims of do- H.R. 97: Mr. GENE GREEN of Texas. H.R. 3479: Mr. PAYNE. mestic violence which are included in the H.R. 128: Mr. CHANDLER. H.R. 3505: Mr. CARNAHAN. State’s computerized Statewide voter reg- H.R. 224: Mr. PASCRELL and Mr. GRIJALVA. H.R. 3532: Mrs. MILLER of Michigan. istration list, and for other purposes; to the H.R. 297: Mrs. DAVIS of California. H.R. 3552: Mr. LEACH. Committee on House Administration. H.R. 369: Mr. BURTON of Indiana and Ms. H.R. 3607: Mr. KUHL of New York. By Mr. FRANK of Massachusetts: KILPATRICK of Michigan. H.R. 3630: Mrs. MCCARTHY and Mr. H.R. 4226. A bill to authorize the conduct of H.R. 475: Mr. CAPUANO. RUPPERSBERGER. small projects for the rehabilitation or re- H.R. 503: Mr. GOODE. H.R. 3753: Mr. DAVIS of Kentucky. moval of dams; to the Committee on Trans- H.R. 616: Mr. WEXLER and Mr. HOLT. H.R. 3774: Mr. GEORGE MILLER of Cali- portation and Infrastructure. H.R. 650: Mr. FEENEY. fornia. By Mr. HAYWORTH: H.R. 690: Mr. WALSH. H.R. 3795: Mr. TAYLOR of Mississippi and H.R. 4227. A bill to amend title XVI of the H.R. 699: Mr. HOLDEN and Mr. BERMAN. Mr. STARK. Social Security Act to clarify that the value H.R. 772: Ms. HERSETH, Mr. SANDERS, Mr. H.R. 3852: Mrs. CHRISTENSEN, Ms. WATSON, of certain funeral and burial arrangements FATTAH, and Mr. BARROW. and Mrs. MCCARTHY. are not to be considered available resources H.R. 3931: Mr. CLEAVER and Mr. FRELING- under the supplemental security income pro- H.R. 791: Mr. ANDREWS and Mr. DOYLE. H.R. 838: Mr. DOYLE. HUYSEN. gram; to the Committee on Ways and Means. H.R. 3943: Mr. GOODLATTE and Mr. CAL- H.R. 844: Mr. CARDOZA. By Mr. LARSEN of Washington (for VERT H.R. 923: Mr. WEINER. . himself, Miss MCMORRIS, Mr. STUPAK, H.R. 3948: Ms. MCCOLLUM of Minnesota and H.R. 994: Ms. SLAUGHTER, Mr. WELDON of Mr. LEVIN, Mr. DICKS, Mr. Mr. TAYLOR of Mississippi. Pennsylvania, Mr. SMITH of Texas, Mr. AL MCDERMOTT, Mr. SMITH of Wash- H.R. 3950: Mr. MCDERMOTT. GREEN of Texas, Mr. SHIMKUS, Ms. SOLIS, and ington, Mr. BAIRD, Mr. HASTINGS of H.R. 3957: Mr. MARSHALL and Mrs. Mr. JACKSON of Illinois. Washington, Mr. MCHUGH, Mr. BASS, NAPOLITANO. H.R. 997: Mr. BEAUPREZ and Mr. WOLF. and Mr. OBERSTAR): H.R. 3968: Mr. FRANK of Massachusetts. H.R. 1156: Mr. KUHL of New York. H.R. 4228. A bill to authorize the Attorney H.R. 3973: Mr. LEACH. H.R. 1227: Mr. JONES of North Carolina and General to carry out a program, known as H.R. 3987: Mr. SESSIONS. Mr. KUHL of New York. the Northern Border Prosecution Initiative, H.R. 3997: Mr. RENZI. H.R. 1290: Mr. MENENDEZ. to provide funds to northern border States to H.R. 4005: Mr. HOLDEN, Mr. GORDON, and H.R. 1366: Mr. KUHL of New York. reimburse county and municipal govern- Mr. BISHOP of Georgia. H.R. 1431: Mr. HINCHEY. ments for costs associated with certain H.R. 4030: Ms. BORDALLO. criminal activities, and for other purposes; H.R. 1489: Mr. LEACH. H.R. 4032: Mr. GINGREY, Mr. JONES of North to the Committee on the Judiciary. H.R. 1500: Mr. TURNER. Carolina, Mr. ALEXANDER, Mr. ROYCE, Mr. By Mrs. MALONEY (for herself, Mr. H.R. 1506: Mr. UDALL of Colorado. CALVERT, and Mr. MCKEON. SHAYS, Mr. INSLEE, Mr. CROWLEY, Ms. H.R. 1582: Ms. BALDWIN. H.R. 4033: Mr. SKELTON. WASSERMAN SCHULTZ, Mr. BISHOP of H.R. 1591: Mr. LEACH. H.R. 4036: Mr. STRICKLAND. New York, Mr. FARR, Mrs. CAPPS, Ms. H.R. 1602: Mr. DOYLE. H.R. 4049: Mr. FILNER. ESHOO, Mr. BERMAN, Ms. LINDA T. H.R. 1615: Mrs. MCCARTHY, Mr. HOLT, Mr. H.R. 4073: Mr. SIMMONS, Mr. CONYERS, Mr. SA´ NCHEZ of California, Ms. ROTHMAN, and Ms. LEE. VAN HOLLEN, and Mr. RUSH. SCHAKOWSKY, Mr. WAXMAN, Ms. BALD- H.R. 1668: Ms. WOOLSEY. H.R. 4078: Mrs. BONO, Mr. SHIMKUS, Mr. WIN, Mr. DEFAZIO, Mr. ROTHMAN, Mr. H.R. 1736: Mr. KOLBE, Mr. LANGEVIN, and BURGESS, Mr. PICKERING, Mr. UPTON, HONDA, Mr. FILNER, Ms. SOLIS, Mr. Mr. CHANDLER. Mr. FERGUSON, Mr. ROGERS of Michigan, FRANK of Massachusetts, Mr. MORAN H.R. 1772: Mrs. MUSGRAVE. and Mr. WALDEN of Oregon. of Virginia, Ms. MATSUI, Mr. H.R. 1801: Mr. BUTTERFIELD. H.R. 4083: Mr. WAMP, Mr. AKIN, Mr. PITTS, GRIJALVA, Mr. LARSEN of Wash- H.R. 1870: Mr. MARIO DIAZ-BALART of Flor- Mr. BARTLETT of Maryland, Mr. WESTMORE- ington, Mr. GUTIERREZ, Mr. ENGEL, ida. LAND, Mr. PRICE of Georgia, Mr. FRANKS of Ms. MCCOLLUM of Minnesota, Mr. H.R. 1898: Mr. RENZI, Mr. CARTER, and Mr. Arizona, Mr. ISSA, Mr. FORBES, and Mr. MIL- KENNEDY of Rhode Island, Mr. HIN- GENE GREEN of Texas. LER of Florida. CHEY, Mr. MCGOVERN, Mr. ACKERMAN, H.R. 2134: Mr. MARKEY and Mr. BRADY of H.R. 4099: Mr. POE, and Mr. DUNCAN. Mr. SABO, Mrs. MCCARTHY, Ms. Pennsylvania. H.R. 4126: Mr. LEACH. DELAURO, Mr. EVANS, Mr. ISRAEL, H.R. 2317: Mr. CONYERS, Mr. ORTIZ, and Mr. H.R. 4145: Mr. KOLBE, Mr. MOORE of Kansas, Ms. WOOLSEY, Mr. KUCINICH, and Mr. MCCOTTER. Mr. BACA, Mr. BECERRA, Mr. HINOJOSA, Mr. WU): H.R. 2350: Mr. GORDON. PASTOR, Mr. SALAZAR, Ms. SOLIS, Mr. H.R. 4229. A bill to require the Commis- H.R. 2359: Mr. JACKSON of Illinois and Ms. CARDOZA, Mr. COSTA, Ms. LORETTA SANCHEZ sioner of Food and Drugs to determine KAPTUR. of California, and Mr. GORDON. whether to allow the marketing of Plan B as H.R. 2412: Mr. CHANDLER. H.R. 4157: Mr. EHLERS. a prescription drug for women 15 years of age H.R. 2531: Mr. TAYLOR of Mississippi, Mrs. H.R. 4158: Mr. BLUMENAUER. or younger and a nonprescription drug for MALONEY, and Mr. EVANS. H.R. 4163: Mr. WICKER. women 16 years of age or older, and for other H.R. 2682: Mr. SOUDER and Mrs. MCCARTHY. H.R. 4167: Mr. COOPER, Mrs. JOHNSON of purposes; to the Committee on Energy and H.R. 2715: Mrs. MALONEY, Mr. GRIJALVA, Connecticut, Mr. HASTINGS of Washington, Commerce. Mr. SERRANO, Ms. MOORE of Wisconsin, Mr. Ms. GINNY BROWN-WAITE of Florida, Mr. By Mr. POE (for himself and Mr. JACKSON of Illinois, Ms. LORETTA SANCHEZ of BISHOP of Utah, Mr. LOBIONDO, Mr. SHAW, NEUGEBAUER): California, Mr. MARKEY, Mr. FARR, Mr. Mr. MURPHY, Mr. WALDEN of Oregon, Mr. H. Res. 531. A resolution honoring Abilene UDALL of New Mexico, Mr. MCGOVERN, and MCHENRY, Mr. PLATTS, Mr. RYAN of Wis- Christian University on it’s 100th Anniver- Ms. WOOLSEY. consin, and Mrs. MYRICK.

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H.R. 4179: Mr. CHANDLER and Mr. POMEROY. H. Con. Res. 287: Mr. BERMAN, Mr. BACA, H. Res. 487: Mr. COSTA, Mr. NUNES, Mr. H.R. 4190: Mr. BACA, Mr. SANDERS, and Ms. Mr. MCNULTY, Mr. BRADY of Pennsylvania, REICHERT, Mr. FOSSELLA, and Mr. SCHIFF. SCHAKOWSKY. Mr. LANTOS, Mr. DAVIS of Alabama, Mr. H. Res. 498: Mr. UDALL of Colorado. H.R. 4196: Mr. OBERSTAR, Mr. SERRANO, and CLEAVER, and Mr. TAYLOR of Mississippi. H. Res. 504: Mr. EHLERS, Mr. PITTS, and Mr. Mr. LANTOS. H. Con. Res. 289: Mr. MCDERMOTT, Mr. BURTON of Indiana. H.J. Res. 38: Mr. SWEENEY. FARR, Ms. LEE, Mr. DOGGETT, Mr. SMITH of H.J. Res. 70: Mr. CROWLEY, Mr. FARR, Mr. H. Res. 505: Mr. DAVIS of Illinois, Ms. Washington, Mr. GRIJALVA, Mr. VAN HOLLEN, LARSON of Connecticut, and Ms. DEGETTE. MCKINNEY, Mr. FILNER, Mr. STARK, Ms. KAP- Mr. BROWN of Ohio, Mr. EVANS, Ms. BEAN, H. Con. Res. 10: Mr. SMITH of Washington. TUR, Mr. MEEKS of New York, Mr. ALLEN, Mr. Mr. WOLF, Mr. CONYERS, Ms. HARMAN, Mr. H. Con. Res. 42: Mr. CANNON. PRICE of North Carolina, Mr. BROWN of Ohio, H. Con. Res. 106: Mr. FEENEY. BLUMENAUER, Mr. WEXLER, Mr. CASE, Ms. Ms. SCHWARTZ of Pennsylvania, and Mr. H. Con. Res. 137: Mr. SHERMAN. CARSON, Mr. MCINTYRE, Mr. HINCHEY, and BISHOP of New York. Ms. EDDIE BERNICE JOHNSON of Texas. H. Con. Res. 190: Mr. SCOTT of Georgia. H. Res. 517: Mr. SMITH of Washington, Mr. H. Con. Res. 230: Mrs. MALONEY, Mr. UPTON, H. Res. 123: Mrs. MCCARTHY. MEEKS of New York, and Mr. BOEHLERT. Mr. WALSH, Ms. PRYCE of Ohio, Ms. ROYBAL- H. Res. 215: Mr. DOOLITTLE and Mrs. JO ANN H. Res. 526: Mr. GRIJALVA. ALLARD, Mr. SMITH of Washington, Mr. REY- DAVIS of Virginia. NOLDS, Mr. OTTER, and Mr. TOM DAVIS of Vir- H. Res. 223: Mr. DAVIS of Florida, Mr. ginia. SCHIFF, Ms. LEE, Mr. PAYNE, and Ms. LINDA f H. Con. Res. 260: Mr. UDALL of Colorado T. SA´ NCHEZ of California. and Mr. LIPINSKI. H. Res. 371: Mrs. MUSGRAVE. DELETION OF SPONSORS FROM H. Con. Res. 278: Mr. CLAY, Ms. SCHWARTZ H. Res. 438: Mr. SCOTT of Georgia, Mr. of Pennsylvania, Mr. CLEAVER, Mr. THOMP- RUPPERSBERGER, Ms. HERSETH, and Mr. ACK- PUBLIC BILLS AND RESOLUTIONS SON of California, Ms. JACKSON-LEE of Texas, ERMAN. Under clause 7 of rule XII, sponsors Mr. ROSS, Mr. POMEROY, Mr. PRICE of North H. Res. 466: Mr. SCHIFF. were deleted from public bills and reso- Carolina, Mr. EHLERS, Mr. CHANDLER, Mr. H. Res. 472: Ms. PELOSI. MCDERMOTT, Mr. OWENS, Mrs. MCCARTHY, H. Res. 477: Mr. ACKERMAN and Ms. lutions as follows: and Mr. MANZULLO. WASSERMAN SCHULTZ. H.R. 4011: Mr. TOWNS.

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Vol. 151 WASHINGTON, THURSDAY, NOVEMBER 3, 2005 No. 144 Senate The Senate met at 9 a.m. and was SCHEDULE er than they were a year ago. Ameri- called to order by the President pro Mr. FRIST. Mr. President, we will cans are paying significantly more to tempore (Mr. STEVENS). shortly begin this morning’s session fill up their cars, their automobiles with a rollcall vote on the adoption of with gas. And as we all know with win- PRAYER the conference report to accompany ter right around the corner, home heat- The Chaplain, Dr. Barry C. Black, of- the Agriculture appropriations bill. ing costs threaten to literally break fered the following prayer: After that vote, we will resume the def- the family bank. Let us pray. icit reduction reconciliation bill. All Meanwhile, America’s oil companies Almighty God, who gathers the wa- time expired last night, and therefore are making multibillion dollar profits, ters of the sea together as a heap, Your we will begin a series of rollcall votes record profits. You could not miss the counsel stands forever. Lord, keep us in relation to the pending amendments. news last week that oil companies today both outwardly in our body and We will, in a few moments, enter into posted these record-breaking profits inwardly in our souls. an agreement which states the order with one company posting the biggest Give us the health and strength we for those votes. At this time, there are profit in U.S. history. So while Ameri- need for today’s journey. Help us to approximately 16 pending amendments cans have been reeling from Katrina, avoid the pitfalls of too much and too that we would need to vote on. standing in long lines at the pump at little. Prevent us from driving our- Following those votes, additional gas stations following Katrina and the selves to exhaustion or growing weak amendments may be offered, and there- other hurricanes and their cutting through too much ease. Keep our minds fore the voting sequence would con- back on the necessities of everyday at rest and peace as we trust You mo- tinue. This stacked series of votes life, what they see are oil profits that ment by moment. could be very lengthy, but we will con- are booming, going off the chart. And Bless our Senators. Save them from tinue voting until we complete the def- we have constituents naturally calling being so busy with things which are icit reduction bill or up until 6 o’clock and writing and e-mailing saying, tonight. I hope and believe we can fin- seen and temporal that they forget the Why? How could that possibly be? ish this afternoon, but that will depend things which are unseen and eternal. Literally, what they see is pumping on the number of amendments and how Bless us all in body, soul, and spirit gas and watching the little figures many will be offered over the course of that we may learn to rest in Your love. come up higher and higher and higher, the so-called vote-arama that we will seeing money go out of their pocket Let Your eye be on those who fear You be in a little bit later today. We have and who hope in Your mercy. We pray and then going home and turning on asked Senators to remain in and the news and seeing that the coffers of in Your loving Name. around the Senate Chamber over the Amen. oil companies, that same money going course of the day to avoid missing any into the gas tank almost being in the f recorded votes. These vote-aramas are coffers of these large oil companies, very trying as the day goes on so I do PLEDGE OF ALLEGIANCE and they are asking why. wish to thank everybody in advance for I think these are legitimate ques- The PRESIDENT pro tempore led the their patience during what will be a tions, and Americans do have the right Pledge of Allegiance, as follows: very busy session of voting today. to know what is going on. Is this the I pledge allegiance to the Flag of the f United States of America, and to the Repub- way the market works and, if so, what lic for which it stands, one nation under God, ENERGY INDEPENDENCE AND are those dynamics? They need to indivisible, with liberty and justice for all. ANWR know why those gas prices and those f Mr. FRIST. Mr. President, over the oil and natural gas prices are so much higher than they used to be at the RESERVATION OF LEADER TIME past couple of weeks prices at the pump have been steadily falling—thank same time these profits are off the The PRESIDENT pro tempore. Under goodness. After the shock of paying chart. the previous order, the leadership time nearly $3, sometimes over, sometimes That is why last week I asked Chair- is reserved. well over $3 a gallon, families are fi- man DOMENICI and Chairman STEVENS f nally getting some relief when they are to hold a joint hearing to be able to an- filling up their cars or trucks, auto- swer those basic questions. Next week, RECOGNITION OF THE MAJORITY mobiles with gas. Gas prices are finally several executives will be coming in LEADER back to pre-Katrina levels. from some of the biggest oil companies The PRESIDENT pro tempore. The And that is the good news. The bad to explain. We may well learn that majority leader is recognized. news is that prices are still much high- there are no sinister reasons behind all

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

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VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.000 S03NOPT1 S12286 CONGRESSIONAL RECORD — SENATE November 3, 2005 this, but I think we all agree that our is simply not true. It was stated again They harm vulnerable Americans. And free market works best when we all and again in the Chamber yesterday these cuts simply provide tax breaks know and we all follow the rules of the and explained, the prospective drilling for special interests. With so many road and all have confidence in that site is an area equivalent to the size, if other serious problems facing middle- system. you took a tennis court, of a single class families and our Nation, the deci- That is what the focus of those hear- postage stamp. sion to focus on this reconciliation leg- ings will be. If there are people abusing State-of-the-art drilling technology islation reflects seriously misplaced the free enterprise system to advan- has made remarkable advancements to priorities. Certainly, together we can tage themselves or their businesses at preserve and protect the environment. do better than this. the expense of everyday Americans, It is now possible to extract oil using The budget of the United States they need to be exposed and they that horizontal drilling technique from ought to be a mirror of our Nation’s should be ashamed. a site that could reach way out from a values. The budget should reflect what Next week’s hearings will help shed site that is very tiny, as you look at it we think is important, what we care light on this very important matter. on the horizon or area. These are called about and what we don’t. It says a lot Meanwhile, the Senate is also work- extended reach wells. We talked yester- about who we are and what we value as ing to strengthen and secure America’s day about how far out you can go. You a people and a nation, this thing we energy supply. Indeed, we are doing it, can go out horizontally twice as far as call the budget. in part, in the bill that we will be vot- you can vertically, therefore reducing In essence, a budget is a moral docu- ing on over the course of today. the number of drilling sites. ment. Unfortunately, the Republican Last summer, the Senate passed a Developing the Reserve will create budget is an immoral document. That comprehensive energy plan that hundreds of thousands of jobs for hard- is not my term, Mr. President. That is looked, in terms of framework, at pro- working Americans. It will contribute the conclusion of some of our Nation’s duction, at consumption, at conserva- billions to the economy and strengthen leading religious leaders who, citing tion, at alternative uses of fuel, at nu- America’s energy independence. The scripture and the Bible, have urged all clear, at hydrogen, at the investment oil in ANWR is critical to our economic of us to oppose this budget reconcili- of science and technology to make fuel and national security. I look forward ation process. As Bishop Mark Hanson, use more efficient, and that was a good to the vote today on developing this the presiding bishop of the Evangelical first step. But we have a lot more to tremendous resource. Responsible, en- Lutheran Church in America, put it, do. ‘‘This is not the time to cut . . . impor- When you go home and you are talk- vironmentally sensitive exploration tant programs while using the cuts to ing to constituents and you say: What will help ease the bottom line for every pay for tax breaks for those who don’t if I told you that most of the oil that American family. We are working hard need them.’’ you are pumping into your gas tank to deliver real solutions for the real My Republican friends will portray comes from overseas, from foreign problems facing the American people their budget as a way to reduce the def- sources, from countries that are very by taking strong, decisive action. In- icit. In truth, their budget and these specifically hostile to the United deed, by today’s floor action, we are reconciliation bills actually make the States, and what if I told you that the moving America forward. deficit worse. In fact, debt under their United States has barely 45 days’ worth f budget would go up by about $3 trillion of oil on hand in our own Strategic Pe- ORDER OF PROCEDURE in just 5 years. That is fiscally respon- troleum Reserve, the answer is obvi- AMENDMENT NO 2347 WITHDRAWN sible? No. It is irresponsible at any ous. You would want to diversify your . energy sources, you would want to Mr. FRIST. Mr. President, I ask for time but especially when we should be move toward energy independence, and the regular order with respect to saving to prepare for the baby boomers’ that is exactly what we need to do. amendment No. 2347 and I ask that the retirement. Now, if I told you that in the United amendment be withdrawn. I further Let’s review a little bit of the his- States we have untapped oil reserves ask unanimous consent that the Sen- tory. When this administration came comparable to all of the oil in Arizona, ate proceed to votes in relation to the to power, our Nation had finally put California, Oregon, Washington, Idaho, pending amendments in the order of- our fiscal house in order. After many Montana, Wyoming, Colorado, Utah, fered; provided further that there be 2 years of deficits and raids on Social Se- New Mexico, North Dakota, and South minutes equally divided for debate curity to pay for other programs, Dakota combined, you would want to prior to the votes in relation to any of Democrats, without the help of a single find it since it is here and get it to the the pending amendments, in addition Republican vote, stopped that practice. American people. to any second degrees offered. As a result of our efforts, this Nation Well, we do have that resource. It is The PRESIDENT pro tempore. Is ran a surplus from 1998 through 2001, in Alaska under the Arctic National there objection? Without objection, it and it was projected we would enjoy Wildlife Reserve, ANWR. We all know is so ordered. surpluses as far as the eye could see. At ANWR is the Nation’s single greatest Mr. REID. Mr. President, has the ma- the time, our future looked so bright prospect for future oil. The Govern- jority leader completed his statement? that many economists, including Alan Greenspan, seriously worried about ment estimates that ANWR contains f approximately 10.4 billion barrels of what would happen to financial mar- RECOGNITION OF THE MINORITY technically recoverable oil. At peak kets if we eliminated our debt alto- production at this one site could be LEADER gether. Unfortunately, in these 5 short produced more oil than any other U.S. The PRESIDENT pro tempore. The years, with Washington Republicans in State, any other State in this country, Democratic leader is recognized. control of the House, the Senate, and Texas or Louisiana, from this one site. Mr. REID. I thank the Chair. the White House, we have moved from In 1968, the Federal Government esti- f a period of record surpluses to a time mated that Prudhoe Bay held 9 billion of record deficits. Once again, we are barrels of oil. To date, Prudhoe Bay THE BUDGET raiding Social Security, and the defi- has produced 13 billion barrels and it is Mr. REID. Mr. President, I strongly cits in each of the last 3 years have still producing. Now, more than ever, oppose the Republican budget and the been higher than at any time before we need to recognize the need to package of reconciliation bills we will President Bush took office. strengthen America’s oil supply and be debating and have debated this past This year, Social Security has had now we have the opportunity to do week. The Republican budget and the taken from it—I don’t know the exact that. America can’t afford $3 a gallon, reconciliation bills are fiscally irre- amount—about $175 billion to mask the and we can’t afford to depend on sponsible and simply will increase the deficit. The latest Republican budget sources many of which are hostile to deficit, which is already staggering—$8 before us will make matters even the United States. trillion. worse. While the majority has divided Some critics complain that drilling The budget and these reconciliation its budget in a way that obscures its in ANWR will hurt the environment. It bills are based on the wrong values. overall effect, nobody should be fooled.

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.001 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12287 Viewed as a whole, budget reconcili- Finally, beyond the fiscal irrespon- processed, and domestic producers de- ation would increase the deficit by sibility of this budget and the dis- serve the opportunity to differentiate more than $30 billion. After 5 years turbing choices it makes, there are their products from foreign imports. under their budget, our national debt other more important priorities the While mandatory country-of-origin would exceed $11 trillion. Senate should be addressing. Take, for food labeling passed as part of the 2002 But the problems with their budget example, skyrocketing prices of fuel. farm law, its implementation con- go well beyond its fiscal irrespon- Families are struggling to fuel their tinues to be delayed and this bill would sibility. This budget reflects the wrong vehicles and heat their homes. Farmers delay it an additional 2 years. values. It puts more burdens on those and businesses are feeling the pinch. My other primary concern is that the already struggling. And if that isn’t Democrats have a plan to respond, to bill cuts funding for many important bad enough, it takes the sacrifices it address price gouging, and ultimately conservation programs, such as the demands of the less fortunate to par- make our Nation energy independent. Conservation Security Program. Since tially pay for another round of large That is more important than harming the farm bill was enacted in 2002, the tax breaks for the elite of this country. the vulnerable to provide tax breaks to USDA conservation programs have Let’s look at what is in the bill be- special interests while increasing the taken hits year after year. They have fore us. deficit. been used repeatedly as a source of off- The budget increases burdens on Hurricane survivors are still strug- sets to fund other needs. Including this America’s seniors by increasing Medi- gling. Thousands lack health care cov- conference report, the annual appro- care premiums, and we have not seen erage. More than 200,000 still live in priations measures from fiscal year what the House is going to give us. motel and hotel rooms. Devastated 2003 through fiscal year 2006 have cut It cuts health care, both Medicare communities have been forced into $1.13 billion in mandatory funds that and Medicaid, by a total of $27 billion. massive layoffs and are unable to pro- we dedicated to conservation in the It cuts support for our farmers by $3 vide even basic services, such as a place farm bill. billion. for kids to go to school. And many sur- I appreciate the hard work of the It cuts housing. vivors who have lost everything are chairman and the ranking member, but It allows drilling in an Alaskan wild- facing the threats of foreclosure and what came back from the House is not life refuge, at the behest of the oil and bankruptcy in homes that do not even good for our Nation’s farmers, it is not gas industry, even though this year exist. Democrats have a plan to address good for consumers, and it is not good they are going to make a $100 billion these urgent needs. That is more im- for conservation. I will, therefore, be profit. portant than harming the vulnerable voting against it. If we take a look at what is hap- to provide tax breaks to special inter- Mr. MCCAIN. Mr. President, today pening in the House of Representatives, ests and multimillionaires while in- the Senate will vote on the conference we can see what is likely coming down creasing the deficit. report to H.R. 2744, the Agriculture Ap- the pike from them: The Iraq war is not going well, as we propriations bill for fiscal year 2006. Student loan cuts, food stamp cuts, cuts in all know. We were promised by this ad- Unfortunately, I cannot support final child support enforcement, deeper and more ministration that it would. Mr. Presi- passage of this bill. painful cuts in health care. dent, 2,036 American soldiers have been The conference agreement to H.R. Why? Why are we using expedited killed in Iraq. Tens of thousands have 2744 appropriates about $100.9 billion in procedures for cuts that will harm mil- been wounded, badly injured; 150,000 spending, an amount that is approxi- lions of seniors and working Ameri- more are still in harm’s way in Iraq, mately $848 million over the adminis- cans? Is it to reduce the deficit or to while the administration still has no tration’s request, $258 million more pay for Katrina? No; no on both counts. plan to end the conflict and bring them than the Senate-approved bill and $660 Is it to prepare for the avian flu? No. It home. Instead of being greeted as lib- million more than the House-passed is to provide congressional Republicans erators, the violence continues nearly 3 bill. As is the case with many of the fiscal cover today so they can turn years after the start of this conflict. appropriations bills that come to the around tomorrow to provide tax breaks Our Nation badly needs a strategy for floor, this bill and its accompanying to special interests and multimillion- success, and that, too, is more impor- report contain earmarks and pork aires. tant than harming the vulnerable to projects which have not been author- Let me be more specific. The capital provide tax breaks to special interests ized or requested. gains and dividend tax breaks in the and multimillionaires while increasing I believe that some Federal involve- Republican budget would provide 53 the deficit. ment is necessary to assist low-income percent of its benefits to those with in- I urge my colleagues to defeat this families under the Food Stamp Pro- comes greater than $1 million. Those budget piece by piece. It is fiscally ir- gram and that we ensure that our lucky few would get an average tax responsible. It is based on the wrong farmers stay out of the red. And to this break of about $35,000. values and reflects the wrong prior- end, many of the programs under the What about those with incomes be- ities. I would hope together we could Agriculture Department are worth- tween, say, $50,000 and $200,000? Well, do better. Let’s reject this budget, and while and I support their funding. I they will get an average cut of $112. let’s focus on the real needs of the mid- know that many of my colleagues have How about those with incomes of less dle class and our Nation. spoken before the Senate about the than $50,000? Six dollars—$35,000 for f economic struggles of America’s farm- those with incomes of more than $1 ers, but as Congress looks ahead to- million, $6 for those earning less than APPROPRIATIONS FOR AGRI- wards legislating a new farm bill in the $50,000. And to partially pay for these CULTURE, RURAL DEVELOP- near future, we once again conform to tax breaks, many Republicans now MENT, FOOD AND DRUG ADMIN- the practice of diverting taxpayer dol- want to cut Medicare, cut Medicaid, ISTRATION, AND RELATED lars into an array of special interest cut agriculture, cut housing, cut stu- AGENCIES FOR THE FISCAL pork projects. dent loans, cut child support enforce- YEAR ENDING SEPTEMBER 30, Let’s take a look at some of the ear- ment, cut services on which Katrina 2006—CONFERENCE REPORT—Re- marks that are in this bill: $350,000 for survivors should be relying, cut bene- sumed a report on the economic development fits needed by our Nation’s most vul- Mr. KERRY. Mr. President, while I of the sheep industry in the United nerable Americans. recognize there are good things in this States; $1,250,000 for the National Now you know why some of our Na- bill, today I will be voting against the Sheep Industry Improvement Center; tion’s most respected religious leaders Agriculture appropriations conference $210,000 to the Little Red River Irriga- call this budget immoral. These report for two primary reasons. One, it tion project, Arkansas; $1,800,000 for choices do not reflect the best of Amer- delays the implementation of the the Muskingam River Watershed, Mo- ican values. That is not what Ameri- country- of-origin labeling for beef and hican River, Jerome and Muddy Fork cans would want. America can do bet- other foods. U.S. consumers deserve to obstruction removal projects, Ohio; ter. know where their food is grown and $1,000,000 for a flood prevention project

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.003 S03NOPT1 S12288 CONGRESSIONAL RECORD — SENATE November 3, 2005 in Kane County, Illinois; $200,000 for a Mr. DORGAN. Mr. President, I voted In addition, hundreds of thousands of grant to administer a private lands to reject the conference committee’s displaced evacuees are currently in wildlife management program in Alas- report on the fiscal year 2006 Agri- need of critical food assistance due to ka; $1,000,000 for a grant to the Ohio culture appropriations bill. There is Hurricanes Katrina and Rita. As the Livestock Expo Center in Springfield, much about this bill that I support. It Nation works to recover and rebuild OH; $2,250,000 for a grant to the Wis- funds important research in North Da- from these devastating natural disas- consin Federation of Cooperatives for kota and across the country that will ters, the widespread need for increased pilot Wisconsin-Minnesota health care greatly benefit American agriculture. assistance demands that Federal Gov- cooperative purchasing alliance; I voted against the conference report ernment food relief efforts be ex- $200,000 for a grant to the Utah State because of how it treats an important panded, not cut. University for a farming and dairy issue called country-of-origin labeling. I also welcomed increased funding to training initiative; and $500,000 for a The 2002 farm bill required that fruits, child nutrition programs, though I was grant to the Nueces County, Texas Re- vegetables, seafood, and meat sold in upset to see that New York State was gional Fairground. grocery stores and supermarkets be la- not included in the USDA’s Fruit and It is a violation of Senate rules to beled with its country of origin. This is Vegetable Program this year. I will legislate on an appropriations bill, and a consumer-friendly, farmer-friendly, continue to work with my Senate col- this fact is far too often overlooked. rancher-friendly law, and I strongly leagues on the Agriculture Committee Authorizing policy is a function re- supported it. After all, if we can look to ensure that New York is added next served for the authorizing committees, at a label on our T-shirt and know year. New York children deserve to not the appropriations committee. As where it came from, we should be able have access to fresh produce in their is done far too frequently, this appro- to do the same with the T-bone steak lunch lines and in their schools. priations bill includes a variety of pol- on our dinner plate. These positive aspects of the bill won icy changes. Examples include: Country-of-origin labeling, or COOL, my support for the bill as a whole. The conference agreement authorizes was supposed to begin in September However, the bill has several important the purchase of land by the Agriculture 2004. If we had followed the law we flaws that I must make note of. I am Research Service in Florence, SC. passed in the farm bill, American con- dismayed by the decision to cut funds The conference agreement authorizes sumers would today be able to know to the Conservation Security Program, the lease of 40 acres of Federal ARS where their food comes from, and our CSP, which provides voluntary incen- land to the Colorado State University farmers and ranchers would be reaping tives for farmers and ranchers to par- system. the benefits. Unfortunately, 2 years ticipate in efforts to preserve and en- The conference agreement authorizes ago, opponents of this commonsense hance their farmland, their natural re- the ARS to convey 19 acres of Federal law hid a provision in a massive spend- sources and the environment. land to Oktibbeha County, MS. ing bill that delayed the start date for Five watersheds in New York State The conference agreement allows for COOL until 2006. are currently eligible for CSP sign up the granting of easements at the Belts- COOL is the law of the land. The Sen- in FY 2005—Ausable, Northern and ville, MD, Agricultural Research Cen- ate has voted overwhelmingly in favor Southern Long Island, Buffalo and Ni- ter. of it. It should have gone into effect agara—and about 2,860 farms and over The conference agreement amends years ago. So I was outraged to learn 436,000 acres are enrolled. Two addi- the Rural Electrification Act of 1936 re- there was another 2-year delay of tional New York State watersheds have garding Federal loans. COOL in this year’s Agriculture Appro- been proposed to be added to CSP for The conference agreement amends priations bill. FY 2006—East Branch Delaware and the Immigration and Nationality Act. I knew some opponents of COOL Oak Orchard—which would add an esti- The conference agreement amends wanted to delay this important pro- mated 1,800 new farms and almost the Organic Food Production Act of gram. But I expected that when the 390,000 acres to the program. Due to the 1990. conference committee met to write a drastic nature of the cuts to the Con- The conference agreement amends final version of the Agriculture appro- servation Security Program, these con- the Federal Meat Inspection Act. priations bill, we would get a chance to tracts to New York State farmers are The statement of managers that ac- debate this issue and vote on it, in pub- in jeopardy. companies this conference report also lic. Instead, a handful of Republican includes hundreds of earmarks and Senators and Representatives went be- I am also extremely disappointed by questionable projects. Here are some hind closed doors and decided on their several of the provisions that were in- examples: $300,000 for beaver manage- own to delay the program for an addi- cluded in the conference report, par- ment in North Carolina; $625,000 for tional 2 years. ticularly the decision to once again game bird predation work with the That is an outrage. I voted no today delay mandatory country-of-origin la- University of Georgia; $50,000 for con- because I think we should send this bill beling. This provision was inserted be- trol of feral hogs in Missouri; $50,000 back to the conference committee and hind closed doors and does not serve for animal tracking projects in the force the conference committee to vote the interests of producers and con- State of Washington; $380,000 to con- on this issue. sumers in my state of New York. tinue control measures for minimizing Mrs. CLINTON. Mr. President, today The 2002 farm bill required that the blackbird damage to sunflowers in I discuss the Agricultural Appropria- U.S. Department of Agriculture write North Dakota and South Dakota; tions conference report, which recently rules and implement mandatory coun- $196,000 for geese control in the State passed the Senate. Though I was not try-of-origin labeling, COOL, of meat of New York; $75,000 for research into pleased with all aspects of the final re- products, seafood, fresh and frozen peanut production, Dawson, GA; $75,000 port, I voted in favor of this bill be- fruits and vegetables, and peanuts by for research into seafood waste, Fair- cause I support New York farmers and September 2004. banks, AK; and $250,000 for turf grass consumers. My producers want mandatory COOL research, Beaver, WV. I am proud to support the increases because it will give them a competitive Despite high gas prices, despite a made to the Food Stamp Program, advantage over foreign goods, particu- swelling budget deficit, despite our which is vital to feeding New York larly for the fresh market specialty military operations overseas, and de- families and children. crops that New York produces. It is spite our domestic emergencies, pork The Food Stamp Program plays a also good for consumers, who will be continues to thrive in good times and critical role in fighting hunger and able to make an informed choice and bad. The cumulative effect of these ameliorating poverty in both our urban buy food produced closer to home. In earmarks erode the integrity of the ap- and rural communities. This program addition, mandatory COOL will en- propriations process and, by extension, provides critical resources to millions hance food safety through increased our responsibility to the taxpayers. We of low-income families with children, traceability of our food products and can do better for our farmers and the seniors and individuals with disabil- will better protect animal and human American people. ities. health.

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.038 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12289 Despite practical suggestions from these communities, and we are not tinue to fight—fight for the important small farmers and ranchers for stream- making the necessary investments in investments that will assure our rural lining the country-of-origin labeling research and development that will communities that we have not forgot- process, I am disheartened to see that allow those communities to compete ten them. the decision has instead been made by economically. The PRESIDENT pro tempore. Under agribusiness, which doesn’t want con- I am also concerned that this bill in- the previous order, the Senate will pro- sumers to know where food comes cludes yet another delay for country- ceed to a vote on the adoption of the from. of-origin labeling. I believe this is a conference report to accompany H.R. While I voted for this bill because I commonsense provision that will pro- 2744. feel that it is imperative to keep agri- vide American consumers with infor- Mr. GREGG. Mr. President, have the culture and nutrition programs moving mation about where their food is com- yeas and nays been ordered? forward, I hope to continue to work ing from—information they need and The PRESIDENT pro tempore. They with my Senate colleagues to address deserve. Common sense dictates that if have not. some of the shortcomings in the future. we can label where our shirts and socks Mr. GREGG. I ask for the yeas and Mr. CONRAD. Mr President, the fis- are made, we can surely label where nays. cal year 2006 Agriculture appropria- our meat and other kinds of food come The PRESIDENT pro tempore. Is tions conference report was written from. I was disappointed to see this there a sufficient second? under some very difficult spending con- provision in the conference report, one There is a sufficient second. straints compared to the needs of U.S. that I believe will prevent our con- Mr. FEINGOLD. Mr. President, in agriculture. Because the bill contains sumers from receiving the information September I was pleased to support the many positive elements for North Da- they need to make an informed Senate version of H.R. 2744, the fiscal kota agriculture, I intend to vote for choice—the choice to buy American year 2006 appropriations bill providing its passage. However, I am deeply con- meat. funding for the Department of Agri- cerned that the appropriators have We can do more. Here is what I am culture, Food and Drug Administra- again adopted a delay in the implemen- hearing from my State: During har- tion, and related agencies. I want to tation of the mandatory country-of-or- vest, agricultural producers are some thank Senators BENNETT and KOHL for igin labeling for U.S. agricultural prod- of the largest fuel consumers in the their hard work in crafting that legis- ucts. This provision is broadly sup- U.S., and producers are facing enor- lation. While I may not have supported ported by U.S. farmers and livestock mous fuel costs. In Grand Junction, every provision, on balance, the Senate producers who wish to be able to dif- CO, diesel prices are over $3.00. bill provided important funding to sup- ferentiate their products in the mar- I have heard from one Colorado farm- port our Nation’s farmers, rural com- ketplace. It is also supported by our er in Kit Carson County who has esti- munities, and conservation programs consumers who desire to know where mated that, in order to harvest this and to provide nutritious food for sen- their food is produced. It is unfortu- year, he will need an additional $46,000 iors, children, and those in need. While nate the conference failed to represent to cover fuel costs alone. I still support many of the provisions those interests. I have also heard from a farmer in that remained in the conference report, Mr. SALAZAR. Mr. President, I rise northeastern Colorado who, in order to there were significant changes and new to speak about the fiscal year 2006 Ag- cover the increasing price of fuel, has provisions added that prevent me from riculture appropriations bill. I want to applied for additional loans at his supporting the final conference report. thank Chairman BENNETT and Ranking bank—only to be turned down because After years of delay, I was encour- Member KOHL for their long, hard work he is already overextended with exist- aged that the Senate bill included on this important bill. In the current ing loans. funds to implement mandatory coun- fiscal environment, it is extremely dif- That is why I am so pleased this bill try-of-origin labeling, COOL, for meat, ficult to put together an Agriculture now includes my amendment to require vegetables, and fruits. Unfortunately appropriations bill that meets the the Secretary of Agriculture to work the conference report delays COOL for needs of rural communities across the with the Secretary of Energy to another 2 years, which is unacceptable U.S., and I believe that Senators BEN- produce a comprehensive report on the for a provision that was part of the 2002 NETT and KOHL have done an admirable impact of high gas prices on our farm- farm bill. Country-of-origin labeling is job. ers, ranchers, and rural communities vitally important to enable our farm- I am very pleased that two of my across the country. That data is the ers to show their pride in the quality of amendments that were adopted during first step toward a comprehensive solu- their products, from ginseng to cheese Senate consideration of this bill were tion that will help these communities to cranberries. Wisconsin farmers are included in the final conference re- address these terrible prices. proud of their work, and many con- port—specifically, my first amendment When you consider that these in- sumers want to support American will result in a thorough review of the creasing fuel costs come on top of both products—with country-of-origin label- impact the increased cost of gas, nat- natural disasters and an overall budget ing, both farmers and consumers ben- ural gas, and diesel is having on farm- picture that has resulted in $3 billion efit. ers, ranchers, and rural communities; worth of cuts to important agricultural The strength of the organic certifi- and my second amendment will help to programs, it is painfully clear that we cation and labeling program through address ongoing bark beetle infestation must do more to help our producers. I USDA has been the ability of organic problems. believe we must cooperate to provide consumers, farmers, processors, and re- In addition, I am pleased that Colo- our rural residents with increased rural tailers to work together to create a rado State University will receive development and sustainable agricul- seal that everyone has confidence in. funding for several important agricul- tural opportunities as well as reason- The Harvey court decision challenged tural research programs such as infec- able commodity supports and eligi- some of the procedures in place for or- tious disease research, Russian wheat bility guidelines to ensure that Federal ganic farming and food processing. aphid research, and beef cattle genetics supports go to the family farmers who This situation should have caused the research. are the intended beneficiaries. organic community to again come to- Unfortunately, I am still concerned Our family farmers, ranchers, and gether, openly discuss the issues, and about the rural communities this con- rural business people deserve fair farm, more than likely propose consensus ference report is primarily designed to rural development, and conservation changes to the law to both ensure the assist. I am concerned that we are not programs. They also deserve a safe food reputation of the organic label and doing everything we can on behalf of supply and other policies that help cre- allow for the continued record growth those farmers, ranchers and agri-busi- ate more successful communities. I of the organic market. The Senate had nesses that continue to play a vital will support this bill, which is a step in included an amendment to require the role in our Nation’s rural communities. the right direction. However, I do so USDA to report on the effects of the We are not making the necessary in- with the recognition that it is not the Harvey decision as part of this open vestments to keep our young people in whole answer, and that we must con- process.

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.041 S03NOPT1 S12290 CONGRESSIONAL RECORD — SENATE November 3, 2005 Unfortunately, some powerful cor- State, and I am proud to say that 97 fornia. Recent successes in the pro- porate interests who see organic foods percent of our farms are family owned. gram include determining the origin of simply through the lens of potential As a result, I supported the Specialty avocado thrips found in Ventura and profit were able to have language in- Crop Competitiveness Act, legislation Orange counties—causing an $8.7 mil- serted in conference. While some of the to boost the marketing of highly nutri- lion annual loss to growers—and iden- inserted changes might ultimately tious fruits, vegetables and other spe- tifying natural enemies to control the have been adopted after open discus- cialty crops to American consumers thrips and replace pesticides previously sions with interested parties, back- and international markets. The legisla- in use. A similar approach is being de- room deals in the dead of night are not tion provided, for the first time, a dedi- veloped for the Avocado Lace Bug. In the way to go and have the potential cated source of funding to promote the addition, the program has funded work for undermining confidence in the en- marketing of specialty crop products. on such organisms as Sudden Oak tire organic program. Specialty crops are fruits and vegeta- Death, red imported fire ant, and Medi- This closed-door process extended to bles, tree nuts, dried fruits, and nurs- terranean fruitfly; other provisions that were changed in ery crops, including floriculture. $20 million for the Farmers’ Market conference to the detriment of the Farms in the Golden State produce Nutrition Program. The program pro- final report, including reductions in more than half of the Nation’s fruits, vides nutritional information and sup- conservation funding and the removal vegetables and nuts from just 3 percent plements as well as healthcare refer- of a provision proposed by Senator of the Nation’s farmland. While Cali- rals to low-income mothers and preg- HARKIN that would have prevented the fornia accounts for about 13 percent of nant women. The Farmers Market Nu- privatization of food stamp offices. national cash receipts from agri- trition Program provides coupons to I am also disappointed that there are culture, it receives only about 3 per- participants to use to buy produce not stronger protections against the cent of direct government payments to from small farmers, and nutrition in- politicization of decisions made by the agriculture. These funds, while open to formation is provided through the local Food and Drug Administration. There all 50 States, will help California spe- Farmers Market Nutrition Program is no room for politics in science, yet cialty crop farmers. agency; the FDA has demonstrated an alarming As the globalization of markets con- $3.076 million for the Sudden Oak indifference to scientific integrity in tinues, it is becoming increasingly dif- Death Control Program. Funding will its unprecedented decision preventing ficult for United States producers to be used to continue researching Sudden emergency contraception, or Plan B, compete against heavily subsidized for- Oak Death Disease, which infects and from being offered over the counter. I eign producers in both the domestic destroys oak and tanoak trees; strongly believe women should have ac- and foreign markets. United States $401,000 for Ozone Air Quality Re- cess to all available contraceptive specialty crop producers also continue search by the San Joaquin Valleywide methods so that they can make choices to face serious tariff and nontariff Air Pollution Study Agency. A multi- regarding their personal health. I have trade barriers in many export markets. year, intensive air quality study is supported scientific integrity in the The funding for specialty crops will needed to meet the requirements of Re- past, and I must express my dis- promote the marketing of specialty gional Haze State Implementation pleasure that stronger language was crops and improve access to foreign Plans anticipated after 2008. This study not included in the final conference re- markets and competitiveness. would build upon the Central Cali- port to prevent the FDA from allowing I am extremely pleased that we were fornia Ozone Study and the California politics to affect its decision making. able to include $7 million for crops that Regional Air Quality Study. These new By highlighting the problems with are so vital to our Nation’s food sup- studies will include an ozone filed the conference report’s process and pol- ply. study, data analysis, modeling per- icy I don’t mean to suggest that noth- In addition, I would like to thank the formance evaluations, air quality and ing good remains from the Senate bill. chairman and ranking member for in- meteorological modeling improve- The conference report still rejects a cluding other projects that will benefit ments, and a retrospective look at pre- number of administration proposals to California. vious State Implementation Plan mod- reduce or eliminate important pro- They include: $1.35 million for the eling. grams such as funds for research at our California County Pest Detection Aug- This bill is extremely important to land-grant colleges and universities, mentation Program. These funds will ensuring a safe and secure domestic conservation partnerships through re- help California counties increase high- food supply. I would like to again source conservation and development risk pest exclusion inspection activi- thank the chairman and the ranking councils, and funds to combat Johne’s ties of new shipments of plants, seeds, member for all of their hard work on disease in our dairy industry. I was fruits, vegetables, and animals. Pest this bill. also heartened that the conferees in- exclusion is critical to a successful ag- The question is on agreeing to the cluded critical funds to address chronic ricultural industry because it is more conference report. The clerk will call wasting disease, and an amendment I effective and less costly to prevent the the roll. proposed with Senator ALLARD to speed introduction and establishment of po- The assistant journal clerk called the USDA’s development of uniform regu- tentially harmful exotic pests from the roll. lations governing captive deer and elk. local environment than it is to elimi- Mr. DURBIN. I announce that the But, on balance, I simply cannot sup- nate them; Senator from New Jersey (Mr. CORZINE) port the detrimental changes made in $24.25 million for the Glassy-winged is necessarily absent. conference to the Senate bill. Sharpshooter/Pierce’s Disease Control The PRESIDING OFFICER (Mr. Mrs. FEINSTEIN. Mr. President, as a Program. The glassy-winged sharp- SUNUNU). Are there any other Senators member of the Agriculture Appropria- shooter is an invasive pest that spreads in the Chamber desiring to vote? tions Subcommittee, I rise today to bacteria that kills grapes, almonds and The result was announced—yeas 81, speak in support of the Agriculture ap- tree fruits. This funding will be used to nays 18, as follows: propriations conference report. develop the resources to eliminate the [Rollcall Vote No. 282 Leg.] I would particularly like to thank spread of the disease; the chairman and ranking member of $200 million for the Market Access YEAS—81 the Subcommittee, Senators BENNETT Program. This nationwide program Akaka Burr Cornyn Alexander Byrd Craig and KOHL, for including $7 million in provides funding to promote the export Allard Cantwell Crapo the bill for specialty crop funding. of American agricultural products; Allen Carper Dayton Americans tend to forget that Cali- $1.929 million for Exotic Pest Disease Bennett Chafee DeMint fornia is the largest agricultural pro- Research at the University of Cali- Biden Chambliss DeWine Bingaman Clinton Dole ducing State in the Nation. Of the top fornia. The Exotic Pest and Disease Re- Bond Cochran Domenici 10 agricultural producing counties na- search Program funds research to com- Boxer Coleman Durbin tionwide, 8 are located in California. bat a wide variety of exotic organisms Brownback Collins Feinstein We export more crops than any other that have invaded or could invade Cali- Bunning Conrad Frist

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.056 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12291 Graham Lincoln Salazar money. We don’t look at it that way on sibility. This pay-go amendment intro- Gregg Lott Santorum Hagel Lugar Sarbanes this side of the aisle. We look at it as duced by Ranking Member CONRAD of Hatch Martinez Schumer the people’s money, and they should be the Budget Committee, of which I am a Hutchison McConnell Sessions able to keep it. We should not have a cosponsor, seeks to fully reinstate the Inhofe Mikulski Shelby rule that arbitrarily takes it from pay-as-you-go requirement for direct Inouye Murkowski Smith Isakson Murray Snowe them. spending and revenue legislation in the Jeffords Nelson (FL) Specter For that reason, I oppose the amend- Senate through 2010. Kennedy Nelson (NE) Stabenow ment. This is about restoring responsible Kohl Obama Stevens I make a point of order that the budgeting. Previously, pay-go rules ap- Landrieu Pryor Talent pending amendment is not germane be- Lautenberg Reed Vitter plied equally to increases in mandatory Leahy Reid Voinovich fore the Senate, and I raise a point of spending and decreases in revenue. New Levin Roberts Warner order under section 305 of the Budget spending or tax cuts could only become Lieberman Rockefeller Wyden Act. law if they were offset or found 60 votes NAYS—18 Mr. CONRAD. Mr. President, pursu- in support. This enforced a badly need- Baucus Ensign Kerry ant to section 904 of the Congressional ed budget discipline. It said, either pay Bayh Enzi Kyl Budget Act of 1974, I move to waive the for your priorities whether entitlement Burns Feingold McCain applicable section of the act for the spending or tax cuts or both or find a Coburn Grassley Sununu consideration of the pending amend- Dodd Harkin Thomas supermajority of colleagues willing to Dorgan Johnson Thune ment. override the rule. Simple logic. Simple I ask for the yeas and nays, and I ask balance. Common sense. Pay-go worked NOT VOTING—1 my colleagues to support this budget well in the 1990s to reduce deficits and Corzine discipline. The PRESIDING OFFICER. Is there a it can work well today. Unfortunately, the rules were The conference report was agreed to. sufficient second? changed, and the balance was over- Mr. BENNETT. Mr. President, I move There is a sufficient second. turned. Now, the requirements of budg- to reconsider the vote. The question is on agreeing to the et discipline apply to only half of the Mr. INHOFE. I move to lay that mo- motion. budget. Tax breaks are exempt from tion on the table. The clerk will call the roll. the logic and balance and common The motion to lay on the table was The legislative clerk called the roll. sense of budget discipline. agreed to. Mr. DURBIN. I announce that the Senator from New Jersey (Mr. CORZINE) The problem is that there is no such f is necessarily absent. thing as half a budget. Budget dis- DEFICIT REDUCTION OMNIBUS The PRESIDING OFFICER. (Ms. cipline requires enforcing control over RECONCILIATION ACT OF 2005— MURKOWSKI). Are there any other Sen- both sides of the ledger. You can’t fill RESUMED ators in the Chamber desiring to vote? a bath tub just by plugging the drain. The yeas and nays resulted—yeas 50, You can’t drive a car just by pressing AMENDMENT NO. 2351 nays 49, as follows: on the brakes. The PRESIDING OFFICER. It is now [Rollcall Vote No. 283 Leg.] The original pay-go rules were aban- in order to consider the Conrad amend- YEAS—50 doned to provide for a series of un- ment. There is 2 minutes equally di- funded tax breaks. And since the tax vided. Akaka Durbin Mikulski Baucus Feingold Murray breaks were unfunded, the Government Mr. CONRAD. Mr. President, I ask Bayh Feinstein Nelson (FL) had to borrow money to pay for them. Biden Harkin unanimous consent that Senator BIDEN Nelson (NE) So we borrowed from countries like be added as a cosponsor. Bingaman Inouye Obama Boxer Jeffords Japan and China. And we borrowed The PRESIDING OFFICER. Without Pryor Byrd Johnson Reed from the Social Security trust fund. In objection, it is so ordered. Cantwell Kennedy Reid Carper Kerry the process, our national debt shot up Mr. CONRAD. Mr. President, the best Rockefeller Chafee Kohl to $8 trillion, and it is still rising. Last Salazar argument made for my amendment, Clinton Landrieu Sarbanes year, for example, our national com- which is to restore fiscal responsi- Coburn Lautenberg mitments exceeded our national re- bility, is the argument made by the Collins Leahy Schumer Snowe sources by more than $550 billion. And chairman of the Budget Committee in Conrad Levin Dayton Lieberman Stabenow we continue to borrow. 2002. Here is what he said: Dodd Lincoln Voinovich Some have argued that this first The second budget discipline, which is pay- Dorgan McCain Wyden chapter of reconciliation is an effort to go, essentially says if you are going to add a NAYS—49 reduce the deficit. They tout the reduc- new entitlement program, or you are going Alexander Dole McConnell tions in spending, many of which I to cut taxes, you must offset that event so Allard Domenici Murkowski that it becomes a budget neutral event. If we would support. But later this month, Allen Ensign Roberts the Senate will get to chapter two of don’t do this, if we don’t put back in place Bennett Enzi Santorum caps and pay-go, we will have no budget dis- Bond Frist Sessions reconciliation, which proposes further cipline, and as a result we will dramatically Brownback Graham Shelby unfunded tax breaks and guarantees aggravate the deficit, which, of course, im- Bunning Grassley Smith additional deficits and growing debt. pacts a lot of important issues but especially Burns Gregg Specter Burr Hagel So much debt, in fact, that the third Stevens impacts Social Security. Chambliss Hatch Sununu chapter of budget reconciliation, which Cochran Hutchison The budget chairman was right then. Talent no one really wants to talk about, will It is the right position now. Support Coleman Inhofe Cornyn Isakson Thomas involve raising our country’s debt ceil- the restoration of the budget discipline Craig Kyl Thune ing to almost $9 trillion. of pay-go. Crapo Lott Vitter Americans deserve better financial The PRESIDING OFFICER. The Sen- DeMint Lugar Warner leadership. The people I talk to in Illi- DeWine Martinez ator’s time has expired. nois are not fooled by what is going on. The Senator from New Hampshire is NOT VOTING—1 They know what is happening with recognized. Corzine higher deficits and reduced levels of Mr. GREGG. Mr. President, I was cor- The PRESIDING OFFICER. On this government service. They understand rect then, and that is why we put pay- vote, the yeas are 50, the nays are 49. that, in this life, you get what you pay go into this resolution. The budget res- Three-fifths of the Senators duly cho- for and if you don’t pay for it today, it olution does have pay-go in it, and it is sen and sworn not having voted in the will cost you more tomorrow. the appropriate approach to pay-go be- affirmative, the motion is rejected. Washington could learn a lot from cause it recognizes there is a difference The point of order is sustained and the the American people about fiscal re- between tax relief and raising spend- amendment falls. sponsibility. The people I have met ing. The other side of the aisle has al- Mr. OBAMA. Madam President, I rise with know that if you need to spend ways looked on people’s taxes as their today to speak in favor of fiscal respon- more money on something, you also

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.005 S03NOPT1 S12292 CONGRESSIONAL RECORD — SENATE November 3, 2005 need to make more money, and if your Pay-go provides a necessary tool at a Louisiana and the gulf, once by the income falls, your spending must fall, necessary time. I urge my colleagues to storm and once by this amendment. too. This is the essence of the pay-go support this amendment. This amendment does not have ac- rules we are trying to reinstate in the AMENDMENT NO. 2352, AS MODIFIED countability. It allows Federal funds to Senate. Changes in spending must be The PRESIDING OFFICER. At this be used for religious purposes. It guts offset by changes in revenue, and vice time there is 2 minutes on the Enzi the civil rights protections of our pro- versa. amendment. posal. Americans know that when you are The Senator from New Hampshire. For the sake of the children and for already deep in debt, it is not the opti- Mr. GREGG. I will yield to Senator the sake of the schools, I hope this mal time to be gutting your revenue ENZI. amendment will be defeated. stream, whether it’s a few hundred dol- Mr. CONRAD. The Senate is not in AMENDMENT NO. 2404 TO AMENDMENT NO. 2352, AS lars in the case of a family or a $70 bil- order. The Senator deserves a chance MODIFIED lion tax break in the case of the Fed- to be heard. (Purpose: To provide assistance for elemen- eral Government. The PRESIDING OFFICER. The Sen- tary and secondary schools and students, They also understand the difference ate will be in order. and institutions of higher education, af- between a home mortgage, a student The Senator from Nevada. fected by Hurricane Katrina) loan, a credit card debt for uninsured Mr. ENSIGN. Madam President, at Mr. ENSIGN. I send a second-degree health care expenses, and an unpaid the end of 2 minutes, that time being amendment to the Enzi amendment to tab at the bar. They know that some expired, I intend to send a second-de- the desk. debts are good investments or may be gree amendment to the Enzi amend- The PRESIDING OFFICER. The unavoidable. But some debts are irre- ment to the desk. Let me briefly de- clerk will report. sponsible the result of spending more scribe it. My amendment addresses the The legislative clerk read as follows: than you can afford on purchases you concerns of the Orthodox Union, the The Senator from Nevada [Mr. ENSIGN] could postpone or do without. Catholic Bishops, and the Council on proposes amendment No. 2404 to amendment The people I have met with know American Private Education. My No. 2352, as modified. that you do not respond to emergencies amendment clearly establishes an indi- Mr. ENSIGN. I ask unanimous con- by indiscriminately cutting all parts of rect aid program for displaced private sent the reading of the amendment be the family budget. You make choices school students that meets all the con- dispensed with. and forego luxuries before cutting back stitutional requirements without plac- The PRESIDING OFFICER. Without on essentials like food, heating, edu- ing unworkable and unnecessary re- objection, it is so ordered. cation, and healthcare. They under- strictions on private schools serving (The amendment is printed in today’s stand that across the board cuts are these displaced families. It ensures ac- RECORD under ‘‘Text of Amendments.’’) neither fair nor responsible. Such cuts countability for the funds and, most Mr. ENZI. The pending amendment is sound bold, but they represent a lack important, delivers on the much-need- not germane to the measure now before of leadership, not an example of it. ed relief to ensure the restart and oper- the Senate. I raise a point of order The American people also know that ation of schools at all levels in the af- under section 305 of the Budget Act. the whole family must share in sac- fected areas. The PRESIDING OFFICER. The Sen- rifice—it is not right to pick on any The 2002 Zellman decision by the Su- ator from Nevada. one member of the family, or any one preme Court clarified that religious Mr. ENSIGN. Pursuant to section State in our Union. We are in this to- schools which accept Government fund- 904(c) of the Congressional Budget Act gether. Singling out Alaska’s bridge ing do not have to modify their teach- of 1974, I move to waive section 305 of projects or any one State’s earmarked ings and curricula in order to receive the Budget Act for the consideration of funds is the wrong approach. If Con- Government funding so long as the the Ensign second-degree amendment. I gress is going to eliminate frivolous Government aid arrives at the school ask for the yeas and nays on the mo- pork projects, as we should to support by virtue of an independent choice tion. the gulf coast, let’s eliminate all of made by the student and parent, and The PRESIDING OFFICER. Is there a them, in all States, together. this amendment complies with that de- sufficient second? Finally, the people I talk to under- cision and meets all of its constitu- There appears to be a sufficient sec- stand that when you have massive tional requirements. ond. costs coming down the road, you need The PRESIDING OFFICER. The time The yeas and nays were ordered. to prepare for them. There is no excuse of the Senator has expired. The PRESIDING OFFICER. The Sen- for ignoring the financial consequences The Senator from Wyoming. ator from New Hampshire. of foreseeable expenses whether it is Mr. ENZI. I hate to debate a second- Mr. GREGG. Madam President, as I the rising costs of health care, the re- degree amendment that has not yet understand it, and I am not sure I un- tirement of the baby boom generation, been sent to the desk. derstand it, I believe there is now still or the growing inequality of wealth in Mr. CONRAD. Could we have order, 2 minutes of debate available between our society. Madam President. the proponent of the second degree and You don’t have to be a deficit hawk Mr. ENZI. At the appropriate point the proponent in opposition. Is that to be disturbed by the growing gap be- in time I will be raising the point of correct? tween revenues and expenses. This germaneness. This amendment shows The PRESIDING OFFICER. The Sen- makes sense to people because the the Gordian knot we are trying to cut ator is correct. same principles that apply to our na- through so we can do the right things Mr. GREGG. I presume Senator ENZI tional budget apply to their family for the children of Katrina. and Senator ENSIGN can continue their budgets as well. Americans are willing What we have is constitutional. We discussion. to share in the hard choices required to are not trying, in the amendment that Mr. KENNEDY. Madam President, get us back on track, as long as they will be up as the original amendment, will the Senator yield? know that everyone is pulling their to resolve vouchers. We are not trying Is this the total time? I thought we weight and doing their fair share. to resolve faith-based initiatives. What had a minute on each side on each That is why it is so important that we are trying to do is do the right amendment. Are we now debating the we reinstate pay-go in a way that thing to treat the kids of Katrina the Enzi underlying amendment? meaningfully enforces the budget dis- right way, and in order to solve this it The PRESIDING OFFICER. There is cipline both sides of the aisle need to has to be a very bipartisan way because 2 minutes on the second-degree amend- honestly tackle our short-term and we also will have to overcome a point ment, the Ensign amendment. long-term fiscal challenges. of germaneness. Mr. GREGG. Madam President, par- Mr. President, it is time for fiscal re- I yield the remainder of my time to liamentary inquiry. And I ask unani- sponsibility to return to Washington. Senator KENNEDY. mous consent that this time not be ap- Adult supervision must return to the Mr. KENNEDY. Madam President, we plied to the time relative to the debate budgeting process. should not penalize the children of that is available.

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.063 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12293 The PRESIDING OFFICER. Without on the second-degree amendment and for those people who have been dis- objection, it is so ordered. then go to the first-degree amendment placed, for those schools that have The Senator from New Hampshire. without debate—or even with debate. taken in these displaced students. We Mr. GREGG. As I understand the sit- If we are going to limit the time, we both want to have the help go. What we uation, the 2 minutes of debate has al- need to limit the time each time. And want to do, though, is allow the private ready occurred on the Enzi amend- if somebody is going to do a second-de- schools to function as they have been ment. We are now under 2 minutes of gree amendment, they ought to do functioning in the past. If you are a debate on the second-degree amend- their debate on the second-degree Catholic school, you would be able to ment, which is the Ensign amendment. amendment, face the vote on the sec- function as a Catholic school functions Is that correct? ond-degree amendment, and move on. and not be penalized for that because The PRESIDING OFFICER. The Sen- But you ought to get your time to de- you have taken in these displaced stu- ator is correct. bate your motion at the time of the dents and are getting some Federal aid. Mr. GREGG. After this amendment is vote on the motion, not an hour later. The PRESIDING OFFICER. The Sen- debated, there will be a vote on the mo- The PRESIDING OFFICER. The Sen- ator from Wyoming. tion to waive the point of order made ator from New Hampshire. Mr. ENZI. Madam President, I guess by Senator ENZI from Wyoming, the Mr. GREGG. Madam President, I there have been a lot of constitutional motion to waive being made by Sen- think the Senator from Wyoming has lawyers involved in all of this. I cer- ator ENSIGN relative to the second-de- made an excellent case. We will try to tainly want people to know we also gree amendment. Is that correct? orchestrate it in that manner, should conferred with constitutional lawyers The PRESIDING OFFICER. The Sen- we get additional second degrees. and found a way to be able to do, on a ator is correct. At this point, the debate for 2 min- one-time emergency basis, what needs The Senator from Massachusetts. utes is on the second-degree amend- to be done properly for the kids of Mr. KENNEDY. Parliamentary in- ment, and Senator ENSIGN has a Katrina and for any other major event quiry, Madam President: I thought we minute, and whoever claims the opposi- where we have a large number of dis- were having the 2 minutes prior to tion has a minute. placed students. But this one just deals each vote just over the course of the The PRESIDING OFFICER. The Sen- with the one-time emergency event. It day on these different amendments. It ator from Massachusetts. is constitutional. It does not, however, is my mistake because I thought we Mr. KENNEDY. Madam President, as as Senator ENSIGN would like to do, re- were just voting on the Ensign amend- I understand it, Senator ENZI has made solve the voucher issue, and it does not ment, and then, when we disposed of the point of order, has he not, on this resolve the faith-based initiative issue. that, we would have a vote up or down amendment? But it does get help to kids, and that is on the underlying amendment. But I The PRESIDING OFFICER. The Sen- what we are trying to do with all the guess that is not the way we are going ator is correct. education amendments we have today. to proceed. The Senator from Wyoming. I yield the remainder of my time to Mr. GREGG. Madam President, if I Mr. ENZI. Parliamentary inquiry: I Senator KENNEDY. may respond to the Senator from Mas- think I would have to withdraw that The PRESIDING OFFICER. The Sen- sachusetts. point of germaneness and he would ator from Massachusetts. The PRESIDING OFFICER. The Sen- have to withdraw his in order for us to Mr. KENNEDY. Madam President, as ator from New Hampshire. have continuing debate. Is that not the chairman of the committee has Mr. GREGG. Madam President, I say true? pointed out, we have reviewed and to the Senator from Massachusetts, be- The PRESIDING OFFICER. All de- cleared this with constitutional au- cause there was a second degree, the bate is expired except under the order. thorities. This is an indirect way of way it worked out, the debate on the There is now 2 minutes of debate on providing help and assistance to the Enzi amendment occurred as part of the second-degree amendment. children. The alternative is effectively that process. So the 2 minutes did Mr. ENZI. Madam President, par- a voucher program. We have tried to occur. However, because this is the liamentary inquiry: Does that mean stay clear from ideological fixes on first exercise here in this undertaking, my point of order was on my amend- this. I would suggest that, after the Ensign ment and his motion to waive was on Let’s treat the children with respect amendment is disposed of, if it is favor- my amendment, not on his? and the schools with respect and in the ably disposed of, that there won’t be 2 The PRESIDING OFFICER. The generosity with which they have treat- minutes, but if it is not favorably dis- pending motion is to waive the point of ed these children. I hope the amend- posed of we would have another 2 min- order against the Ensign second-degree ment will be defeated. utes of debate on the Enzi amendment. amendment. Mr. BINGAMAN. Madam President, I Mr. KENNEDY. I thank the chairman Mr. ENZI. That will be what the de- would like to talk about the Enzi-Ken- of the Budget Committee. bate is on? I thought debate did not nedy amendment to S. 1932, the deficit The PRESIDING OFFICER. Without happen once the germaneness was en- reduction bill. We all want to do the objection, it is so ordered. tered. right thing and help the hundreds of The Senator from Wyoming. The PRESIDING OFFICER. By unan- thousands of students displaced by Mr. ENZI. Madam President, to clar- imous consent, the order was changed. Hurricane Katrina. Just a few weeks ify this, why would we have the debate The Senator from Nevada. after the tragic events surrounding on the overlying motion before we have Mr. ENSIGN. Madam President, now Hurricane Katrina, I came to the floor the debate on the underlying motion that we have been through all that, of the Senate and offered an amend- and then try to deny a debate on the just to restate, the managers of the un- ment to the Commerce-Justice-State overlying motion at the appropriate derlying amendment believe their pro- appropriations bill to assist students time? posal is constitutional. But the lawyers and schools impacted by Hurricane I would ask the chairman and the for the private schools, the ones who Katrina. I also cosponsored a bill with ranking member to consider this proc- have looked at this, believe they could Senators ENZI and KENNEDY, S. 1715, to ess. It will save a lot of time if the per- not accept the aid in a constitutional assist schools and students impacted son suggesting a second-degree amend- manner, that people will be able to by Katrina. But I have tremendous ment do the debate on the second-de- bring a court case against them and concerns about the amendment before gree amendment. Did anybody here that they would lose if they did not us today. hear the debate on the first-degree change the way they do their instruc- This amendment sets up an unwork- amendment? That was debate on the tion. They have a moral, religious- able mechanism to assist displaced stu- second-degree amendment. based instruction. They believe they dents attending private schools. It re- So we disposed with the debate on would have to change it. quires states to funnel Federal dollars the second-degree amendment. Now we Our amendment clearly makes the to local school districts to establish ought to have the vote on the second- way they receive the funds constitu- private accounts to pay the tuition to degree amendment, not another debate tional. We both want to provide help private schools. In contrast, current

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.009 S03NOPT1 S12294 CONGRESSIONAL RECORD — SENATE November 3, 2005 law provides a reasonable mechanism ment, parents will have an unfounded became displaced through no fault of for local school districts to assist stu- expectation that this aid will be there their own. dents attending private schools, called next year and perhaps even for years to The PRESIDING OFFICER. All time equitable participation, without estab- come. These families are settling down has expired. lishing a national voucher program. I in new communities, and they may The question is on agreeing to the support efforts to use equitable partici- lack the resources, ability, or desire to motion. The yeas and nays have been pation to assist private schools serving go back to the gulf coast. ordered. The clerk will call the roll. these displaced students. Unfortu- Of course, we want to help families in The bill clerk called the roll. nately, this amendment fails to use their moment of need and distress. I Mr. DURBIN. I announce that the this mechanism. At the same time, it understand my colleague, Senator Senator from New Jersey (Mr. CORZINE) establishes the first national voucher LANDRIEU’s position on this matter, is necessarily absent. program. Accordingly, along with edu- and her sincere desire to help her con- The PRESIDING OFFICER. Are there cators, school boards, principals, teach- stituents. I too believe this assistance any other Senators in the Chamber de- er unions, and many civil rights and to schools, both public and private, is siring to vote? faith-based organizations, I must op- important, needed, and appropriate. The result yeas and nays resulted— pose this provision. But this amendment could and should yeas 31, nays 68, as follows: Mr. REED. Madam President, while have been structured in a way that [Rollcall Vote No. 284 Leg.] the Enzi-Kennedy amendment passed contains clear notification require- YEAS—31 on a voice vote, I want the record to re- ments and that mirrors current law. Allard Dole McCain flect my opposition to this amendment. This legislation is not the direction Allen Ensign McConnell We have all seen the devastation of we should be heading. This legislation Bennett Frist Santorum Brownback Graham Sessions Hurricanes Katrina and Rita, and I cer- is a stalking horse for a national Bunning Grassley Shelby tainly understand and share my col- voucher program. At the same time, it Coburn Gregg Sununu leagues’ desire to address the needs of provides less funding than is needed to Coleman Hagel Thune Craig Hatch Vitter displaced school children. repair and fund our devastated public Crapo Inhofe Voinovich Unfortunately, this amendment, schools. It provides very little account- DeMint Kyl which frankly is more than 2 months ability for the use of taxpayers’ funds DeWine Martinez overdue, falls far short of the help and provides little or no enforcement NAYS—68 needed for the affected families and of the civil rights protections that Akaka Dorgan Murkowski public schools. It falls short finan- would exist if money were sent through Alexander Durbin Murray cially, since it provides less money existing funding mechanisms. Baucus Enzi Nelson (FL) Bayh Feingold than these schools need in order to re- I want to thank Senators ENZI, ALEX- Nelson (NE) Biden Feinstein Obama open and serve the children of the Gulf ANDER, KENNEDY, and DODD, because I Bingaman Harkin Pryor Coast. It also falls short constitu- know that they have worked very hard Bond Hutchison Reed tionally by making payments to pri- to improve this amendment, and I ap- Boxer Inouye Reid Burns Isakson Roberts vate religious schools on behalf of stu- preciate their efforts. I urge my col- Burr Jeffords Rockefeller dents who fled these hurricanes and are leagues to continue to work to address Byrd Johnson Salazar Cantwell Kennedy now attending such schools across the the concerns I have raised as this bill Sarbanes country. moves forward. Carper Kerry Chafee Kohl Schumer Now, I understand that these hurri- Mr. KOHL. Madam President, I sup- Chambliss Landrieu Smith canes did not differentiate between port the Enzi amendment. This amend- Clinton Lautenberg Snowe public and private school students, and ment would provide $1.6 billion in Cochran Leahy Specter Stabenow that we need to be able to provide some Collins Levin emergency funding to address the des- Conrad Lieberman Stevens assistance for all students affected by perate funding needs of schools who Cornyn Lincoln Talent them. However, this amendment is not have taken in displaced Katrina stu- Dayton Lott Thomas the answer. As my colleagues are very dents and the schools that have been Dodd Lugar Warner Domenici Mikulski Wyden well aware, we currently have a mecha- damaged or destroyed by the hurri- nism in current law to provide support cane. NOT VOTING—1 to students in private schools. We do it Over 2 months ago, hundreds of thou- Corzine everyday under Title I and Title V of sands of children in the gulf region The PRESIDING OFFICER. On this NCLB, and under IDEA. were displaced from their homes, their vote the yeas are 31, the nays are 68. These children should have been communities, and their local schools. Three-fifths of the Senators duly cho- helped over 2 months ago with the Neighboring communities have wel- sen and sworn not having voted in the funding mechanisms we already have comed these students with open arms. affirmative, the motion is rejected. in place. That is why this amendment It is only fair to provide school dis- The point of order is sustained and the is not about getting help to these stu- tricts the funds necessary to educate amendment falls. dents. This is about using these stu- and care for dislocated students left in Mr. BOND. I move to reconsider the dents’ needs as a pawn to further the the wake of Hurricane Katrina. vote. Republican agenda of vouchers. I know some are concerned about Mr. KENNEDY. I move to lay that In addition, we are doing a disservice funding for displaced students who are motion on the table. to families displaced by Hurricanes attending private schools. However, The motion to lay on the table was Katrina and Rita by not informing this provision is carefully crafted to agreed to. them that this assistance is just for ensure that funding flows directly to AMENDMENT NO. 2352, AS MODIFIED this school year. No where in this legis- school districts, much like similar pro- Mr. GREGG. Madam President, the lation is there a requirement that par- visions in Title I and special education. next amendment is the Enzi amend- ents be notified that this assistance is This program will not set up a national ment. I ask that we move immediately temporary and that it will not be re- school voucher program. Rather, it to a voice vote. newed beyond August 2006. Instead of simply ensures, on a temporary, one- The PRESIDING OFFICER. The being fair to these parents by providing time basis, that all students in need question is on agreeing to the amend- them with transparent information, and schools that take them in have ac- ment. this amendment fails to include a pro- cess to the relief they need. In this ex- The amendment (No. 2352), as modi- vision to notify parents that this as- traordinary circumstance, I believe fied, was agreed to. sistance is time-limited. We have an that this provision takes a balanced Mr. GREGG. I move to reconsider the obligation to inform parents receiving approach, and we will continue to mon- vote. this assistance that this funding is a itor its implementation. Mr. KENNEDY. I move to lay that one-time deal. Without clear language It is my hope that my colleagues will motion on the table. on this point, language which I sug- join me in supporting the Enzi amend- The motion to lay on the table was gested to the sponsors of the amend- ment, thereby supporting students who agreed to.

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.079 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12295 Mr. GREGG. Madam President, the The PRESIDING OFFICER. Without tives, and the States at least 45 days prior next amendment is the Lincoln amend- objection, it is so ordered. to— ment. I ask unanimous consent that all Mr. GREGG. The next amendment is (I) extending the DRM coverage period; or (II) if the Secretary determines not to ex- votes on additional amendments be 10 that of Senator LINCOLN. tend such period, the ending date described minutes. AMENDMENT NO. 2356, AS MODIFIED in subparagraph (A). We are going to clarify the issue of The PRESIDING OFFICER. There is (4) KATRINA SURVIVOR.— second-degree amendments that we now 2 minutes of debate evenly divided (A) IN GENERAL.—The term ‘‘Katrina Sur- just went through because, under the on the Lincoln amendment. vivor’’ means an individual who is described rule, all time has to expire on debate The Senator from Arkansas. in subparagraph (B) or (C). on the first degree before you can de- Mrs. LINCOLN. Madam President, I (B) RESIDENTS AND EVACUEES OF DIRECT IM- PACT PARISHES AND COUNTIES.—An individual bate a second degree or offer it. That is modify my amendment with the lan- why we had the confusion before. We who, on any day during the week preceding guage that is currently at the desk. August 28, 2005, had a primary residence in a are going to adjust that through this The PRESIDING OFFICER. The direct impact parish or county. unanimous consent request. amendment is so modified. (C) INDIVIDUALS WHO LOST EMPLOYMENT.— I ask unanimous consent that for the The amendment, as modified, is as An individual whose— purposes of today’s votes, all second- follows: (i) worksite, on any day during the week degree amendments must be offered At the end of subtitle A of title VI, add the preceding August 28, 2005, was located in a prior to beginning the 2 minutes of de- following: direct impact parish or county; and bate on the underlying first-degree (ii) employment with an employer which CHAPTER 7—EMERGENCY HEALTH CARE conducted an active trade or business on Au- amendment. Before the Chair rules, as AND OTHER RELIEF FOR SURVIVORS OF a clarification, this will now mandate gust 28, 2005, in a direct impact parish or HURRICANE KATRINA county and with respect to whom such trade that second-degree amendments must Subchapter A—Emergency Health Care or business is inoperable on any day after be offered before we begin the 2-minute Relief August 28, 2005, and before January 1, 2006, as debate on the first degree. We would SEC. 6081. DEFINITIONS. a result of damage sustained in connection then have 2 minutes of debate on the In this subchapter: with Hurricane Katrina, is terminated. second degree, both in relationship to (1) DIRECT IMPACT PARISH OR COUNTY.— (D) TREATMENT OF CURRENT MEDICAID BENE- the second degree, and then have 2 (A) IN GENERAL.—The term ‘‘direct impact FICIARIES.—Nothing in this subchapter shall minutes of debate on the first degree parish or county’’ means a parish in the be construed as preventing an individual who prior to the vote in relationship to that State of Louisiana, or a county in the State is otherwise entitled to medical assistance under title XIX of the Social Security Act amendment. of Mississippi or Alabama, for which a major disaster has been declared in accordance from being treated as a Katrina Survivor The PRESIDING OFFICER. The Sen- under this subchapter. ator from North Dakota. with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance (E) TREATMENT OF HOMELESS PERSONS.—For Mr. CONRAD. Reserving the right to Act (42 U.S.C. 5170) as a result of Hurricane purposes of this subchapter, in the case of an object, I would say to Senators who are Katrina and which the President has deter- individual who was homeless on any day dur- in the back of the Chamber, who are mined, before September 14, 2005, warrants ing the week described in subparagraph (B), most interested in this question, this is individual and public assistance from the the individual’s ‘‘residence’’ shall be deemed a good time to hear what is being done Federal Government under such Act. to be the place of residence as otherwise de- to correct what occurred previously. (B) EXCLUSION.—Such term does not in- termined for such an individual under title XIX of the Social Security Act. What occurred previously was, under clude a parish in the State of Louisiana or a (5) POVERTY LINE.—The term ‘‘poverty the rule, all time had to expire on the county in the State of Mississippi or Ala- bama which the President has determined line’’ has the meaning given that term in first-degree amendment before a sec- warrants only public assistance from the section 2110(c)(5) of the Social Security Act ond-degree amendment could be of- Federal Government under such Act as a re- (42 U.S.C. 1397jj(c)(5)). fered. Under the interpretation of the sult of Hurricane Katrina. (6) SECRETARY.—The term ‘‘Secretary’’ Chair, that included the 2 minutes of (C) AUTHORITY TO RELY ON WEB SITE POSTED means the Secretary of Health and Human debate on the first-degree amendment. DESIGNATIONS.—The Secretary of Health and Services. Now what we are doing is modifying Human Services shall post on the Internet (7) STATE.—The term ‘‘State’’ has the Web site for the Centers for Medicare & Med- meaning given that term for purposes of title that through unanimous consent agree- XIX of the Social Security Act (42 U.S.C 1396 ment so if someone offers a second de- icaid Services a list of parishes and counties identified as direct impact parishes or coun- et seq.). gree, they have to offer it before the 2 ties in accordance with this paragraph. Any (8) STATE MEDICAID PLAN.—The term ‘‘State minutes of debate on the first degree. such parish or county that is posted on such Medicaid plan’’ means a State plan for med- Then we will be able to have 2 minutes Web site as a direct impact parish or county ical assistance under title XIX of the Social of debate on the second degree, a vote shall be treated for purposes of subparagraph Security Act (42 U.S.C. 1396 et seq.), includ- on the second degree. Then, in consid- (A) as described in such subparagraph. ing any medical assistance provided under a eration of the first degree, we will be (2) DRM ASSISTANCE.—The term ‘‘DRM as- waiver of such plan. able to have the 2 minutes of debate in sistance’’ means the short-term, non-cash, SEC. 6082. DISASTER RELIEF MEDICAID. conjunction with it. For the interest of temporary, in-kind, emergency disaster re- (a) AUTHORITY TO PROVIDE DISASTER RE- lief health program established under sec- LIEF MEDICAID.— our colleagues, that is what is being tion 6082 to assist Katrina Survivors in ac- (1) IN GENERAL.—Notwithstanding any pro- done. cordance with that section. vision of title XIX of the Social Security We should take this moment, as well, (3) DRM COVERAGE PERIOD.— Act, a State shall, as a condition of partici- to say to our colleagues, we have 35 (A) IN GENERAL.—The term ‘‘DRM coverage pation in the Medicaid program established amendments filed. That would take 12 period’’ means the period beginning on Au- under title XIX of the Social Security Act hours of straight voting. We have to gust 28, 2005, and, subject to subparagraph (42 U.S.C. 1396 et seq.), provide medical as- end today at 6 o’clock, which would (B), ending on the date that is 5 months after sistance to DRM-eligible Katrina Survivors mean we would be in tomorrow for at the date of enactment of this Act. (as defined in subsection (b)) under a State least 4 hours. I ask our colleagues to (B) AUTHORITY TO EXTEND DRM COVERAGE Medicaid plan during the DRM coverage pe- PERIOD.— riod in accordance with the following provi- show restraint on calling up amend- (i) IN GENERAL.—The Secretary may extend sions of this section. ments that have been filed. We have the DRM coverage period for an additional 5 (2) AUTHORITY TO PROVIDE DRM ASSISTANCE had a good debate on this matter. It months. Any reference to the term ‘‘DRM AS SEPARATE COMPONENT OF REGULAR STATE has been an absolutely fair debate in coverage period’’ in this subchapter shall in- MEDICAID PLAN OR UNDER SUCH PLAN.— terms of how we have been treated clude any extension under this clause. (A) IN GENERAL.—A State may provide with respect to amendments being of- (ii) NOTICE TO CONGRESS AND STATES.—The DRM assistance without submitting an fered. We really don’t need to have 35 Secretary shall notify the Majority and Mi- amendment to the State Medicaid plan and amendments offered to this measure. I nority Leaders of the Senate, the Speaker of as a separate component of the State Med- the House of Representatives, the Minority icaid plan or, subject to subparagraph (B), urge my colleagues to show restraint. Leader of the House of Representatives, the under such plan. I will not object. Chairs and Ranking Members of the Com- (B) CONDITIONS FOR PROVISION OF DRM AS- Mr. GREGG. I also renew my request mittee on Finance of the Senate and the SISTANCE UNDER REGULAR STATE MEDICAID that votes on additional amendments Committees on Energy and Commerce and PLAN.—A State may only provide DRM as- be 10-minute votes. Ways and Means of the House of Representa- sistance under the State Medicaid plan if the

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.013 S03NOPT1 S12296 CONGRESSIONAL RECORD — SENATE November 3, 2005 State provides such assistance in accordance ment in a State Medicaid plan as of August (ii) if applicable, requires home and com- with the requirements of this section and the 28, 2005. munity-based services provided under such State is able to separately identify and re- (ii) KATRINA SURVIVORS WHO ARE RECIPIENTS DRM assistance in accordance with sub- port expenditures or other information at- OF UNEMPLOYMENT COMPENSATION.—Any section (d)(3). tributable to the provision of such assist- Katrina Survivor who, during the DRM cov- (C) NO DOCUMENTATION.—The State shall ance. erage period, is a recipient of an amount paid not require documentation evidencing the (b) DRM-ELIGIBLE KATRINA SURVIVOR DE- under a law of the United States or of a basis on which the applicant qualifies to be FINED.— State which is in the nature of unemploy- a DRM-eligible Katrina Survivor or, if appli- (1) IN GENERAL.—In this section, the term ment compensation, including unemploy- cable, requires home and community-based ‘‘DRM-eligible Katrina Survivor’’ means a ment assistance provided under section 410 of services. Katrina Survivor whose family income does the Robert T. Stafford Disaster Relief and (D) ISSUANCE OF ELIGIBILITY CARD.— not exceed the higher of— Emergency Assistance Act (42 U.S.C. 5177). (i) IN GENERAL.—Subject to clause (iii), the (A) 100 percent (200 percent, in the case of (iii) KATRINA SURVIVORS ENROLLED IN DRM State shall, immediately upon submission of such a Survivor who is a pregnant woman or ASSISTANCE IN ANOTHER STATE.—Any Katrina a complete application (including the self-at- child) of the poverty line; or Survivor determined by another State to be testation required under subparagraph (B)) a DRM-eligible Katrina Survivor who was by an applicant, issue a DRM assistance eli- (B) the income eligibility standard which enrolled in DRM assistance in that State and gibility card to the applicant. would apply to the Survivor under the State who relocates to the State during the DRM (ii) VALIDITY; NOTICE OF TERMINATION Medicaid plan. coverage period. DATE.—A DRM assistance eligibility card (2) SPECIAL RULE FOR KATRINA SURVIVORS (C) KATRINA SURVIVORS PROVIDED MEDICAL shall be valid as long as the DRM coverage WHO ARE RECIPIENTS OF DISABILITY INSURANCE ASSISTANCE PRIOR TO DATE OF ENACTMENT.— period is in effect and shall be accompanied BENEFITS.—In the case of a Katrina Survivor (i) IN GENERAL.—An individual described in by notice of the termination date for the who is a recipient of disability insurance this subparagraph is any Katrina Survivor DRM coverage period and, if applicable, no- benefits under section 202 or 223 of the Social who is provided medical assistance under a tice that such termination date may be ex- Security Act (42 U.S.C. 402, 423), paragraph State Medicaid plan in accordance with guid- tended. If the Secretary extends the DRM (1) shall be applied to such Survivor by sub- ance from the Secretary during the period coverage period, the State shall notify DRM- stituting ‘‘300 percent of the supplemental that begins on August 28, 2005, and ends on eligible Katrina Survivors enrolled in DRM security income benefit rate established by the date of enactment of this Act. assistance of the new termination date for section 1611(b)(1) of the Social Security Act (ii) NONAPPLICATION TO CHILD HEALTH AS- the DRM coverage period. (42 U.S.C. 1382(b)(1))’’ for subparagraph (A) of SISTANCE.—In the case of an individual who (iii) APPLICATION TO STATES THAT ELECT TO such paragraph. is a Katrina Survivor who is provided child PROVIDE DRM ASSISTANCE UNDER THE REGULAR O RESOURCES RESIDENCY OR CATEGOR (3) N , , - health assistance under a State child health STATE MEDICAID PLAN.—In the case of a State ICAL ELIGIBILITY REQUIREMENTS.—Eligibility plan in accordance with guidance from the that elects under subsection (a)(2) to provide under paragraph (1) shall be determined Secretary during the period described in DRM assistance under the State Medicaid without application of any resources test, clause (i), such individual shall not be plan, the State may issue to an applicant State residency, or categorical eligibility re- deemed to be a DRM-eligible Katrina Sur- who submits a complete application an eligi- quirements. vivor for purposes of receiving DRM assist- bility card that is similar to the cards issued (4) INCOME DETERMINATION.— ance under this section. Nothing in the pre- by the State to enrollees in the State med- (A) LEAST RESTRICTIVE INCOME METHODOLO- ceding sentence shall be construed as prohib- icaid plan, but only if the State is able to GIES; PROSPECTIVE DETERMINATION.—The iting such an individual from submitting an adapt the card in a manner which clearly State shall use the least restrictive meth- application for DRM assistance. identifies that the applicant is eligible for odologies applied under the State Medicaid (c) ELIGIBILITY DETERMINATION; NO CON- DRM assistance and provides notice of the plan under section 1902(r)(2) of the Social Se- TINUATION OF DRM ASSISTANCE.— termination date for the DRM coverage pe- curity Act (42 U.S.C. 1396a(r)(2)) in deter- (1) STREAMLINED ELIGIBILITY PROCESS.—The riod (and the new termination date applica- mining income eligibility for Katrina Sur- State shall use the following streamlined ble if the Secretary extends such coverage vivors under paragraph (1) and shall deter- procedures in processing applications and de- period). mine family income for such Survivors only termining eligibility for DRM assistance for (E) APPLICATION FOR MEDICAL ASSISTANCE prospectively from the date of application. DRM-eligible Katrina Survivors and eligi- UNDER REGULAR STATE MEDICAID PLAN.—Con- (B) DISREGARD OF UI COMPENSATION AND DIS- bility for the payment of private health in- current with the issuance of an eligibility ASTER RELIEF ASSISTANCE.—In determining surance premiums under section 107(b)(2)(A): card under subparagraph (D), the State shall such income eligibility, the State shall dis- (A) ONE-PAGE APPLICATION.—A common 1- provide the applicant with an application for regard— page application form developed by the Sec- medical assistance under the State Medicaid (i) any amount received under a law of the retary of Health and Human Services in con- plan. United States or of a State which is in the sultation with the National Association of (F) PRESUMPTIVE ELIGIBILITY.— nature of unemployment compensation by a State Medicaid Directors. Such form shall— (i) STATES THAT PROVIDE FOR PRESUMPTIVE Katrina Survivor during the DRM coverage (i) require an applicant to provide an ex- ELIGIBILITY UNDER THE REGULAR STATE MED- period, including unemployment assistance pected address for the duration of the DRM ICAID PLAN.—In the case of a State that, as of provided under section 410 of the Robert T. coverage period and to agree to update that the date of enactment of this Act, provides Stafford Disaster Relief and Emergency As- information if it changes during such period; for a period of presumptive eligibility under sistance Act (42 U.S.C. 5177); and (ii) include notice regarding the penalties the State Medicaid plan in accordance with (ii) any assistance provided (in cash or in for making a fraudulent application under section 1920, 1920A, or 1920B of the Social Se- kind) to a Katrina Survivor from any public subsection (h); curity Act (42 U.S.C. 1396r–1, 1396r–1a, 1396r– or private entity as a result of Hurricane (iii) require the applicant to assign to the 1b), the State shall deem an applicant to be Katrina. State any rights of the applicant (or any a DRM-eligible Katrina Survivor eligible for (5) DEFINITION OF CHILD.—For purposes of other person who is a DRM-eligible Katrina DRM assistance in accordance with this sec- paragraph (1), a DRM-eligible Katrina Sur- Survivor and on whose behalf the applicant tion, subject to subsection (g), if the appli- vivor shall be determined to be a ‘‘child’’ if has the legal authority to execute an assign- cant completes an application for such as- such Survivor meets the definition of ment of such rights) under any group health sistance, presents it to a provider or facility ‘‘child’’ under the State Medicaid plan. plan or other third-party coverage for health participating in the State Medicaid plan (6) CERTAIN INDIVIDUALS DEEMED TO BE DRM- care; that is qualified to make presumptive eligi- ELIGIBLE KATRINA SURVIVORS.— (iv) require the applicant to— bility determinations under such plan (which (A) IN GENERAL.—Upon submission of an (I) list any health insurance coverage at a minimum shall consist of facilities iden- application from an individual attesting that which the applicant was enrolled in imme- tified in section 1902(a)(55) of the Social Se- the individual is an individual described in diately prior to submitting such application; curity Act (42 U.S.C. 1396a(a)(55)), and it ap- any of the categories described in subpara- and pears to the provider or facility that the ap- graph (B), or, if an individual is an individual (II) indicate whether the applicant would plicant is a DRM-eligible Katrina Survivor described in subparagraph (C), the State rather receive DRM assistance from a State based on the information in the application. shall deem the individual to be a DRM-eligi- in accordance with this section or, if private (ii) APPLICATION TO STATES THAT DO NOT ble Katrina Survivor for purposes of eligi- health insurance is available, assistance in PROVIDE PRESUMPTIVE ELIGIBILITY UNDER THE bility for DRM assistance during the DRM paying the premiums for such health insur- REGULAR STATE MEDICAID PLAN.—In the case coverage period. ance under section 6088(b)(2)(A); and of a State which does not provide for a pe- (B) CATEGORIES DESCRIBED.—For purposes (v) be translated by the Secretary into lan- riod of presumptive eligibility under the of subparagraph (A), the categories described guages other than English, and in cultural State medicaid plan, the State may elect to in this subparagraph are the following: contexts, that are most appropriate for the provide for a period of presumptive eligi- (i) KATRINA SURVIVORS ENROLLED IN A applicants expected to submit such forms. bility for DRM assistance by designating STATE MEDICAID PLAN AS OF THE BEGINNING OF (B) SELF-ATTESTATION.—Self-attestation by qualified providers (as defined in section THE DRM COVERAGE PERIOD.—Any Katrina the applicant that the applicant— 1920(b)(2) of such Act (42 U.S.C. 1396r–1(b)(2)) Survivor who can provide proof of enroll- (i) is a DRM-eligible Katrina Survivor; and as providers that are specifically designated

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12297 by the State to make presumptive deter- nancy ended during the 60-day period prior (I) had been receiving home and commu- minations in accordance with clause (i) with to the end of the DRM coverage period, or nity-based services under a waiver described respect to eligibility for such assistance, but who is pregnant as of the end of such period, in subparagraph (A) in a direct impact parish only if— such Survivor shall continue to be eligible or county; (I) the State elects to provide for a period for DRM assistance after the end of the DRM (II) had been receiving support services of presumptive eligibility for such assistance coverage period, including (but not limited from a primary family caregiver who, as a for all Katrina Survivors who may be DRM- to) for all pregnancy-related and postpartum result of Hurricane Katrina, is no longer eligible Katrina Survivors in accordance medical assistance available under the State available to provide services; or with subsection (b); and Medicaid plan, through the end of the month (III) had been receiving personal care, (II) the qualified providers designated by in which the 60-day period (beginning on the home health, or rehabilitative services under the State to make determinations of pre- last day of her pregnancy) ends. the State Medicaid plan or under a waiver sumptive eligibility for such assistance, at a (d) SCOPE OF COVERAGE.— granted under section 1915 or 1115 of the So- minimum, consistent of facilities identified (1) CATEGORICALLY NEEDY BENEFITS.—The cial Security Act; or in section 1902(a)(55) of the Social Security State shall treat a DRM-eligible Katrina (ii) are disabled (as determined under the Act (42 U.S.C. 1396a(a)(55)) that are qualified Survivor as an individual eligible for medical State Medicaid plan). providers under section 1920(b)(2) of such assistance under the State plan under title (B) WAIVER OF RESTRICTIONS.—The Sec- Act. XIX of the Social Security Act on the basis retary shall waive with respect to the provi- (G) CONTINUOUS ELIGIBILITY.—Continuous of section 1902(a)(10)(A)(i) of the Social Secu- sion of home and community-based services eligibility, without the need for any redeter- rity Act (42 U.S.C. 1396a(a)(10)(A)(i)), with under this paragraph any limitations on— mination of eligibility, for the duration of coverage for such assistance retroactive to (i) the number of individuals who shall re- the DRM coverage period. items and services furnished on or after Au- ceive home or community-based services (2) NO CONTINUATION OF DRM ASSISTANCE.— gust 28, 2005 (or in the case of applications under a waiver described in subparagraph (A) IN GENERAL.—Except as provided in for DRM assistance submitted after January (A); subparagraphs (B) and (C), no DRM assist- 1, 2006, the first day of the 5th month pre- (ii) budget neutrality requirements appli- ance shall be provided after the end of the ceding the date on which such application is cable to such waiver; and DRM coverage period. submitted). (iii) targeted populations eligible for serv- (B) PRESUMPTIVE ELIGIBILITY FOR MEDICAL (2) EXTENDED MENTAL HEALTH AND CARE CO- ices under such waiver. ASSISTANCE UNDER REGULAR MEDICAID PLAN.— ORDINATION BENEFITS.—The State may pro- The Secretary may waive other restrictions (i) IN GENERAL.—If a State, as of the date of vide, without regard to any restrictions on enactment of this Act, provides for a period amount, duration, and scope, comparability, applicable under such a waiver, that would of presumptive eligibility for medical assist- or restrictions otherwise applicable under prevent a State from providing home and ance under the State Medicaid plan in ac- the State Medicaid plan (other than restric- community-based services in accordance cordance with section 1920, 1920A, or 1920B of tions applicable under such plan with respect with this paragraph. the Social Security Act (42 U.S.C. 1396r–1, to services provided in an institution for (4) CHILDREN BORN TO PREGNANT WOMEN.—In 1396r–1a, 1396r–1b), the State shall provide a mental diseases), to DRM-eligible Katrina the case of a child born to a DRM-eligible DRM-eligible Katrina Survivor who is re- Survivors extended mental health and care Katrina Survivor who is provided DRM as- ceiving DRM assistance from the State in ac- coordination benefits which may include the sistance during the DRM coverage period, cordance with this section and who, as of the following: such child shall be treated as having been end of the DRM coverage period, is an indi- (A) Screening, assessment, and diagnostic born to a pregnant woman eligible for med- vidual for whom a period of presumptive eli- services (including specialized assessments ical assistance under the State Medicaid gibility would be provided under the State for individuals with cognitive impairments). plan and shall be eligible for medical assist- Medicaid plan, with presumptive eligibility (B) Coverage for a full range of mental ance under such plan in accordance with sec- for medical assistance under the State Med- health medications at the dosages and fre- tion 1902(e)(4) of the Social Security Act (42 icaid plan. quencies prescribed by health professionals U.S.C. 1396a(e)(4)). The Federal medical as- (ii) STATE OPTION TO PROVIDE PRESUMPTIVE for depression, post-traumatic stress dis- sistance percentage applicable to the State ELIGIBILITY.—If a State is a State to which order, and other mental disorders. Medicaid plan shall apply to medical assist- clause (i) does not apply, the State may elect (C) Treatment of alcohol and substance ance provided to a child under such plan in to provide for a period of presumptive eligi- abuse. accordance with the preceding sentence. bility for medical assistance under the State (D) Psychotherapy, rehabilitation, and (e) TERMINATION OF COVERAGE; ASSISTANCE Medicaid plan for a DRM-eligible Katrina other treatments administered by psychia- WITH APPLYING FOR REGULAR MEDICAID COV- Survivor who is receiving DRM assistance trists, psychologists, or social workers. ERAGE.— from the State in accordance with this sec- (E) Subject to restrictions applicable under (1) NOTICE OF EXPECTED TERMINATION OF tion and who, as of the end of the DRM cov- the State Medicaid plan with respect to serv- DRM COVERAGE PERIOD.—A State shall pro- erage period, is an individual for whom a pe- ices provided in an institution for mental vide DRM-eligible Katrina Survivors who are riod of presumptive eligibility would be pro- diseases, in-patient mental health care. receiving DRM assistance from the State in vided under the State Medicaid plan in ac- (F) Family counseling. accordance with this section, as of the begin- cordance with section 1920, 1920A, or 1920B of (G) In connection with the provision of ning of the 4th month (and, if applicable, 9th such Act, if the State were to provide such a health and long-term care services, arrang- month) of the DRM coverage period with— period of presumptive eligibility under the ing for, (and when necessary, enrollment in (A) notice of the expected termination date State Medicaid plan. waiver programs or other specialized pro- for DRM assistance for such period and, if (iii) STATE OPTION FOR ALL STATES TO PRO- grams), and coordination related to, primary applicable, any extension of the DRM cov- VIDE PRESUMPTIVE ELIGIBILITY TO OTHER POP- and specialty medical care, which may in- erage period and the expected termination ULATIONS OF DRM-ELIGIBLE KATRINA SUR- clude personal care services, durable medical date for the extension of such period; VIVORS.—In addition to the populations of equipment and supplies, assistive tech- (B) information regarding eligibility for DRM-eligible Katrina Survivors described in nology, and transportation. medical assistance under the State’s eligi- clauses (i) and (ii), a State to which clause (3) HOME AND COMMUNITY-BASED SERVICES.— bility rules otherwise applicable under the (i) or (ii) applies, may elect to provide for a (A) IN GENERAL.—In the case of a State State Medicaid plan; and period of presumptive eligibility for medical with a waiver to provide home and commu- (C) an application for such assistance and assistance under the State Medicaid plan for nity-based services granted under section information regarding where to obtain as- other DRM-eligible Katrina Survivors who 1115 of the Social Security Act or under sub- sistance with completing such application in are receiving DRM assistance from the State section (c) or (d) of section 1915 of such Act, accordance with paragraph (2). in accordance with this section as of the end the State may provide such services to DRM- (2) APPLICATION ASSISTANCE.—A State shall of the DRM coverage period. eligible Katrina Survivors who self-attest in provide DRM-eligible Katrina Survivors who (iv) LENGTH OF PERIOD.—A presumptive eli- accordance with subsection (c)(1)(B)(ii) that are receiving DRM assistance from the State gibility period provided in accordance with they require immediate home and commu- in accordance with this section with assist- clause (i), (ii), or (iii) shall be provided until nity-based services that are available under ance in applying for medical assistance the earlier of— such waiver without regard to whether the under the State Medicaid plan for periods be- (I) the date on which a determination with Survivors would require the level of care pro- ginning after the end of the DRM coverage respect to the Survivor’s application for vided in a hospital, nursing facility, or inter- period, at State Medicaid offices and at loca- medical assistance under the State Medicaid mediate care facility for the mentally re- tions easily accessible to such Survivors. plan is made; or tarded. Such DRM-eligible Katrina Survivors (3) STATE REPORTS.—A State providing (II) the end of the 60-day period that begins include (but are not limited to) individuals DRM assistance in accordance with this sec- on the first day after the end of the DRM described in subparagraph (B). tion shall submit to the Secretary the fol- coverage period. (B) INDIVIDUALS DESCRIBED.—Individuals lowing reports: (C) PREGNANT WOMEN.—In the case of a described in this subparagraph are individ- (A) TERMINATION AND TRANSITION ASSIST- DRM-eligible Katrina Survivor who is re- uals who— ANCE TO REGULAR MEDICAID COVERAGE FOR ceiving DRM assistance from a State in ac- (i) on any day during the week preceding DRM-ELIGIBLE KATRINA SURVIVORS ELIGIBLE cordance with this section and whose preg- August 28, 2005— FOR SUCH ASSISTANCE.—Not later than the

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 S12298 CONGRESSIONAL RECORD — SENATE November 3, 2005 last day of the 3rd month of the DRM cov- prior to such date of enactment, shall be dis- tomary prevailing rate for the item or serv- erage period, a report detailing how the regarded for purposes of determining the un- ice for the community in which it is pro- State intends to satisfy the requirements of expended amount of any allotment available vided). paragraphs (1) and (2). for expenditure by the State under that sec- (k) APPLICATION TO INDIVIDUALS ELIGIBLE (B) ENROLLMENT.—Not later than 3 months tion. FOR MEDICAL ASSISTANCE.—Nothing in this after the end of the DRM coverage period, a (4) DISREGARD OF PAYMENTS.—Payments section shall be construed as affecting any report regarding— provided to a State in accordance with this rights accorded to an individual who is a re- (i) the number of Katrina Survivors who subsection shall be disregarded for purposes cipient of medical assistance under a State are determined to be DRM-eligible Katrina of applying subsections (f) and (g) of section Medicaid plan who is determined to be a Survivors; and 1108 of the Social Security Act (42 U.S.C. DRM-eligible Katrina Survivor, but the pro- (ii) the number of DRM-eligible Katrina 1308). vision of DRM assistance to such individual Survivors who are determined to be eligible (g) VERIFICATION OF STATUS AS A KATRINA shall be limited to the provision of such as- for, and enrolled in, the State Medicaid plan. SURVIVOR.— sistance in accordance with this section. (4) SECRETARIAL OVERSIGHT.—The Sec- (1) IN GENERAL.—The State shall make a (l) NO ENTITLEMENT TO REGULAR MEDICAL retary of Health and Human Services shall good faith effort to verify the status of an in- ASSISTANCE SOLELY ON THE BASIS OF RECEIPT ensure that a State is complying with the re- dividual who is enrolled in the State Med- OF DRM ASSISTANCE OR IN THE ABSENCE OF A quirements of paragraphs (1) and (2) and that icaid plan as a DRM-eligible Katrina Sur- NEW APPLICATION FOR MEDICAL ASSIST- applications for medical assistance under the vivor under the provisions of this section. ANCE.—Notwithstanding paragraphs (3) and State Medicaid plan from DRM-eligible Such effort shall not delay the determina- (8) of section 1902(a) of the Social Security Katrina Survivors for periods beginning after tion of the eligibility of the Survivor for Act (42 U.S.C. 1396a(a)), and section 435.930(b) the end of the DRM coverage period are proc- DRM assistance under this section or the of title 42, Code of Federal Regulations, sub- essed in a timely and appropriate manner. provision of such assistance to the Survivor. ject to subparagraphs (B) and (C) of sub- (5) NO PRIVATE RIGHT OF ACTION AGAINST A (2) EVIDENCE OF VERIFICATION.—A State section (c)(2), and subsection (d)(4), nothing STATE FOR FAILURE TO PROVIDE NOTICE.—No may satisfy the verification requirement in this section shall be construed as pro- private right of action shall be brought under subparagraph (A) with respect to an viding an individual who is a DRM-eligible against a State for failure to provide the no- individual by showing that the State pro- Katrina Survivor who receives DRM assist- tices required under paragraph (1) or sub- viding DRM assistance obtained information ance in accordance with this section, with an section (c)(1) so long as the State makes a from the Federal Emergency Management entitlement to receive medical assistance good faith effort to provide such notices. Agency, the Social Security Administration, under the State Medicaid plan after the end (f) 100 PERCENT FEDERAL MATCHING PAY- the Internal Revenue Service, or the State of the DRM coverage period— MENTS.— Medicaid Agency for the State from which (1) solely on the basis of the individual’s (1) IN GENERAL.—Notwithstanding section individual is from (if the individual was not 1905(b) of the Social Security Act (42 U.S.C. receipt of such DRM assistance; or a resident of such State on any day during (2) in the absence of a new application sub- 1396d(b), the Federal medical assistance per- the week preceding August 28, 2005). centage or the Federal matching rate other- mitted by such individual for medical assist- (h) PENALTY FOR FRAUDULENT APPLICA- ance under such plan. wise applied under section 1903(a) of such Act TIONS.— (m) LIMITATION WITH RESPECT TO APPLICA- (42 U.S.C. 1396b(a)) shall be 100 percent for— (1) INDIVIDUAL LIABLE FOR COSTS.—If a TION TO MEDICARE PRESCRIPTION DRUG BEN- (A) providing DRM assistance to DRM-eli- State, as the result of verification activities gible Katrina Survivors during the DRM cov- EFIT.—In the case of an individual who is a conducted under subsection (g) or otherwise, DRM-eligible Katrina Survivor who receives erage period in accordance with this section; determines after a fair hearing that an indi- (B) costs directly attributable to adminis- DRM assistance from a State in accordance vidual has knowingly made a false self-attes- with this section, and who is eligible for part trative activities related to the provision of tation described in subsection (c)(1)(B), the such DRM assistance, including costs attrib- A of title XVIII of the Social Security Act State may, subject to paragraph (2), seek re- (42 U.S.C. 1395c et seq.) or enrolled in part B utable to obtaining recoveries under sub- covery from the individual for the full section (h); of title XVIII of such Act (42 U.S.C. 1395j et amount of the cost of DRM assistance pro- seq.)— (C) costs directly attributable to providing vided to the individual under this section. application assistance in accordance with (1) the State payment required under sec- XCEPTION.—The Secretary shall ex- (2) E tion 1935(c) of such Act (42 U.S.C. 1395u–5(c)) subsection (e)(2); and empt a State from seeking recovery under (D) medical assistance provided in accord- shall be determined without regard to the paragraph (1) if the Secretary determines ance with subparagraph (B) of subsection provision of DRM assistance to such indi- that it would not be cost-effective for the (c)(2), and DRM assistance provided in ac- vidual; and State to do so. cordance with subparagraph (C) of that sub- (2) such individual shall not be treated as (3) REIMBURSEMENT TO THE FEDERAL GOV- section, after the end of the DRM coverage a subsidy eligible individual for purposes of ERNMENT.—Any amounts recovered by a period. eligibility for the low-income subsidies pro- State in accordance with this subsection (2) INCLUSION OF ASSISTANCE PROVIDED TO vided under section 1860D–14 of such Act (42 shall be returned to the Federal government. KATRINA SURVIVORS PRIOR TO DATE OF ENACT- U.S.C. 1395w–114) with respect to the pre- (i) EXEMPTION FROM ERROR RATE PEN- MENT.—Any assistance provided to a Katrina scription drug coverage provided under part ALTIES.— Survivor under a State Medicaid plan in ac- D of title XVIII of such Act (42 U.S.C. 1395w– (1) IN GENERAL.—All payments attributable cordance with guidance from the Secretary to providing DRM assistance in accordance 101 et seq.), or enrollment in such coverage, during the period that begins on August 28, with this section, including during a period solely on the basis of the provision of DRM 2005, and ends on the date of enactment of of presumptive eligibility for such assistance assistance to such individual. this Act, shall be treated as a DRM assist- in accordance with subsection (c)(1)(F), shall (n) NO DRM ASSISTANCE IF THE SECRETARY ance provided to a DRM-eligible Katrina be disregarded for purposes of section 1903(u) IS MAKING PAYMENTS ON BEHALF OF THE INDI- Survivor during the DRM coverage period for of the Social Security Act (42 U.S.C. VIDUAL FOR PRIVATE HEALTH INSURANCE.—A purposes of paragraph (1). 1396b(u)). DRM-eligible Katrina Survivor may not re- (3) 100 PERCENT FEDERAL MATCHING PAY- ceive DRM assistance from a State in ac- (2) APPLICATION OF ERROR RATE PENALTIES MENTS FOR COSTS FOR PROVIDING CHILD cordance with this section during any period FOR PRESUMPTIVE ELIGIBILITY PERIODS FOR HEALTH ASSISTANCE PRIOR TO DATE OF ENACT- in which the Secretary is making a payment MEDICAL ASSISTANCE AFTER THE END OF THE MENT; RESTORATION OF ALLOTMENTS USED TO for a health insurance premium on behalf of DRM COVERAGE PERIOD.—The rules for appli- PROVIDE SUCH ASSISTANCE.—With respect to cation of such section under the State Med- such Survivor under section 6088(b)(2)(A) child health assistance for items and services icaid plan, as in effect on the date of enact- with respect to that period. furnished during the period described in ment of this Act, shall apply with respect to SEC. 6083. TARGETED MEDICAID RELIEF FOR paragraph (2) to a Katrina Survivor— any period of presumptive eligibility for MAJOR DISASTER PARISHES AND (A) notwithstanding section 2105(b) of the medical assistance under such plan provided COUNTIES IN LOUISIANA, MIS- SISSIPPI, AND ALABAMA. Social Security Act (42 U.S.C. 1397ee(b)), the by a State in accordance with subsection Federal matching rate for providing such (c)(2)(B). (a) 100 PERCENT FEDERAL MATCHING PAY- child health assistance under a State child (j) PROVIDER PAYMENT RATES.—In the case MENTS FOR MEDICAL ASSISTANCE PROVIDED IN health plan and for costs directly attrib- of any DRM assistance provided in accord- MAJOR DISASTER PARISH OR COUNTY.— utable to all administrative activities that ance with this section to a DRM-eligible (1) IN GENERAL.—Notwithstanding section relate to the provision of such child health Katrina Survivor that is covered under the 1905(b) of the Social Security Act (42 U.S.C. assistance, shall be 100 percent; State Medicaid plan (as applied without re- 1396d(b)), for items and services furnished (B) payments to a State for the provision gard to this section) the State shall pay a during the period that begins on August 28, of such assistance shall not be considered to provider of such assistance the same pay- 2005, and ends on August 31, 2006, the Federal be payments from an allotment for the State ment rate as the State would otherwise pay medical assistance percentage for providing under section 2104 of such Act (42 U.S.C for the assistance if the assistance were pro- medical assistance for such items and serv- 1397dd); and vided under the State Medicaid plan (or, if ices under a State Medicaid plan to any indi- (C) any payments that were made to a no such payment rate applies under the vidual, including a Katrina Survivor, resid- State for the provision of such assistance State Medicaid plan, the usual and cus- ing in a major disaster parish or county (as

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12299 defined in subsection (c)), and for costs di- direct impact parish or county, there shall payments to State insurance commissioners rectly attributable to all administrative ac- not be taken into account any month any for the purpose of making payments to tivities that relate to the provision of such part of which is within the DRM coverage pe- health insurance issuers— medical assistance, shall be 100 percent. riod. (A) on behalf of individuals that would oth- (2) APPLICATION TO CHILD HEALTH ASSIST- (b) WRITTEN PLAN ON TRANSITION OF CER- erwise qualify for DRM assistance from the ANCE.—Notwithstanding section 2105(b) of TAIN FULL-BENEFIT DUAL ELIGIBLE INDIVID- State under section 6082 but for subsection the Social Security Act (42 U.S.C. 1397ee(b)), UALS TO PRESCRIPTION DRUG COVERAGE (n) of such section for such individual’s share for items and services furnished during the UNDER MEDICARE PART D.— of their health insurance premium; and period described in subsection (a), the Fed- (1) IN GENERAL.—Not later than December (B) on behalf of qualified employers for the eral matching rate for providing child health 1, 2005, the Secretary of Health and Human employer share of their employee’s health assistance for such items and services under Services (in this subsection referred to as the insurance premiums, but only with respect a State child health plan in a major disaster ‘‘Secretary’’) shall submit to Congress a to the days on which the employer meets the parish or county, and for costs directly at- written plan on how the Secretary will pro- definition under subsection (f). tributable to all administrative activities vide for the transition of coverage of pre- (c) RULES FOR PAYMENTS TO PROVIDERS.— that relate to the provision of such child scription drugs for full-benefit dual eligible (1) CONSULTATION.—In making payments to health assistance, shall be 100 percent. individuals (as defined in section 1935(c)(6) of medicaid providers under subsection (b)(1), (b) MORATORIUM ON REDETERMINATIONS.— the Social Security Act (42 U.S.C. 1396u– the Secretary shall consult with the Lou- During the DRM coverage period, the States 5(c)(6)) who, on any day during the week pre- isiana Department of Health and Hospitals, of Louisiana, Mississippi, and Alabama shall ceding August 28, 2005, had a residence in a the Mississippi Department of Health, and not be required to conduct eligibility rede- direct impact parish or county, from the the Alabama Department of Public Health in terminations under the State’s Medicaid Medicaid program under title XIX of such order to best identify the providers with the plan. Act to the Medicare program under part D of greatest need of such payments. (c) MAJOR DISASTER PARISH OR COUNTY DE- title XVIII of such Act. (2) PRIORITY.—In making payments to med- FINED.—For purposes of subsection (a), a (2) REQUIREMENTS.—The plan shall address icaid providers under subsection (b)(1), the major disaster parish or county is a parish of issues relating to the following: Secretary shall give priority to community- the State of Louisiana or a county of the (A) The application of the rules for auto- based hospitals, physician practices, and State of Mississippi or Alabama for which a matic assignment into prescription drug other providers located in a direct impact major disaster has been declared in accord- plans under section 1860D–1(b)(1)(C) of the parish or county where the health care infra- ance with section 401 of the Robert T. Staf- Social Security Act (42 U.S.C. 1395w– structure was destroyed or nearly destroyed. ford Disaster Relief and Emergency Assist- 101(b)(1)(C)). (3) DESCRIPTION OF NEED AND HOW FUNDING ance Act (42 U.S.C. 5170) as a result of Hurri- (B) The communication by the Secretary WILL BE USED.—In order for a medicaid pro- cane Katrina and which the President has and sponsors of prescription drug plans to in- vider to be eligible for a payment under sub- determined, as of September 14, 2005, war- dividuals described in paragraph (1) of— section (b)(1), the provider shall provide the rants individual or public assistance from (i) information regarding such rules; and Secretary with a description of the need for the Federal Government under such Act. (ii) if such an individual is automatically the funding and how the funding will be SEC. 6084. AUTHORITY TO WAIVE REQUIREMENTS assigned to a plan, information on the plan. used. DURING NATIONAL EMERGENCIES (C) Beneficiary protections related to the (4) TIMING FOR FIRST PAYMENT.—The first WITH RESPECT TO EVACUEES FROM emergency use of out-of-network and nonfor- payment to medicaid providers under sub- AN EMERGENCY AREA. mulary benefits, including under cir- section (b)(1) shall be made by not later than (a) IN GENERAL.—Section 1135(g)(1) of the cumstances related to a lack of medical 10 days after the date of enactment of this Social Security Act (42 U.S.C. 1320b–5(g)(1)) records and access to prescribing physicians. Act. is amended by adding at the end the fol- (D) Any other area determined appropriate (d) RULES FOR PAYMENTS ON BEHALF OF IN- lowing: by the Secretary. DIVIDUALS FOR PRIVATE HEALTH INSURANCE.— ‘‘Any geographical area in which the Sec- SEC. 6087. RELIEF FOR HOSPITALS LOCATED IN A (1) STREAMLINED ELIGIBILITY PROCESS.—In retary determines there are a significant DIRECT IMPACT PARISH OR COUN- making payments on behalf of individuals number of evacuees from an area that is con- TY. under subsection (b)(2)(A), the Secretary sidered to be an emergency area under the (a) INCREASE IN MEDICARE PAYMENTS TO shall use the streamlined eligibility process preceding sentence shall be considered to be HOSPITALS FOR BAD DEBT.—During the DRM under section 6082(c)(1). an ‘emergency area’ for purposes of this sec- coverage period, section 1861(v)(1)(T)(iv) of (2) NO PAYMENTS IF THE INDIVIDUAL IS RE- tion.’’. the Social Security Act (42 U.S.C. CEIVING DRM ASSISTANCE.—No payments may FFECTIVE DATE.—The amendment (b) E 1395x(v)(1)(T)(iv)) shall be applied by sub- be made on behalf of an individual under sub- made by subsection (a) shall take effect as if stituting ‘‘0 percent’’ for ‘‘30 percent’’ with section (b)(2)(A) with respect to any period enacted on August 28, 2005. respect to— in which the individual is receiving DRM as- SEC. 6085. EMERGENCY ASSISTANCE FOR STATES (1) a hospital located in a direct impact sistance from a State under section 6082. WITH SIGNIFICANT NUMBERS OF parish or county; and (e) MEDICAID PROVIDERS DESCRIBED.—For EVACUEES WITH RESPECT TO THE (2) any other hospital, but only to the ex- FEDERAL MEDICAL ASSISTANCE purposes of subsection (b)(1), medicaid pro- PERCENTAGE FOR FISCAL YEAR tent that the bad debt is related to items and viders described in this subsection are— 2006. services furnished to an individual who, on (1) any provider under such title, including (a) IN GENERAL.—If the Federal medical as- any day during the week preceding August a supplier of medical assistance consisting of sistance percentage (as defined in section 28, 2005, had a residence in a direct impact durable medical equipment (as defined in 1905(b) of the Social Security Act (42 U.S.C. parish or county. section 1861(n) of such Act (42 U.S.C. 1396d(b))) determined for a State described in (b) WAIVER OF CERTAIN MEDICARE QUALITY 1395x(n)), that, during a period after August subsection (b) for fiscal year 2006 is less than REPORTING REQUIREMENTS FOR HOSPITALS.— 28, 2005, as determined by the Secretary— the Federal medical assistance percentage During the DRM coverage period, section (A) experiences a significant increase, as determined for such State for fiscal year 1886(b)(3)(B)(vii) of the Social Security Act determined by the Secretary, in their pa- 2005, the Federal medical assistance percent- (42 U.S.C. 1395ww(b)(3)(B)(vii)) shall not tient caseload; or age for the State for fiscal year 2005 shall apply to a hospital that is located in a direct (B) experiences a significant drop, as deter- apply to the State for fiscal year 2006 for impact parish or county. mined by the Secretary, in their patient purposes of titles XIX and XXI of the Social SEC. 6088. DISASTER RELIEF FUND. caseload, including a provider that is tempo- Security Act (42 U.S.C. 1396 et seq., 1397aa et (a) ESTABLISHMENT.—There is established rarily closed during such period; and seq.). in the Treasury of the United States the Dis- (2) any other provider under such title, in- (b) STATE DESCRIBED.—For purposes of sub- aster Relief Fund (in this section referred to cluding such a supplier, determined appro- section (a), a State described in this sub- as the ‘‘Fund’’) which— priate by the Secretary. section is a State that, as of September 30, (1) shall be administered by the Secretary; (f) QUALIFIED EMPLOYER DEFINED.—For 2005, is hosting at least 10,000 Katrina Sur- and purposes of subsection (b)(2)(B), the term vivors described in section 6081(4)(A), as de- (2) shall consist of amounts made available ‘‘qualified employer’’ means any employer— termined on the basis of Federal Emergency under subsection (h). (1) which conducted an active trade or Management Authority data. (b) USE OF AMOUNTS IN FUND.—Amounts in business on August 28, 2005, in a direct im- SEC. 6086. EMERGENCY ASSISTANCE TO MEDI- the Fund shall be used by the Secretary for pact parish or county; and CARE BENEFICIARIES. the following: (2) with respect to which the trade or busi- (a) EXCLUSION OF DRM COVERAGE PERIOD IN (1) PAYMENTS TO PROVIDERS.—The Sec- ness described in paragraph (1)— COMPUTING MEDICARE PART B LATE ENROLL- retary shall make payments directly to med- (A) is inoperable on any day during the MENT PERIOD.—In applying the first sentence icaid providers described in subsection (e) to DRM coverage period as a result of damage of section 1839(b) of the Social Security Act offset the costs incurred by such providers as sustained in connection with Hurricane (42 U.S.C. 1395r(b)) in the case of an indi- a result of Hurricane Katrina. Katrina; or vidual who, on any day during the week pre- (2) PAYMENTS FOR PRIVATE HEALTH INSUR- (B) is not paying salary or benefits to em- ceding August 28, 2005, had a residence in a ANCE COVERAGE.—The Secretary shall make ployees on any day during the DRM coverage

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 S12300 CONGRESSIONAL RECORD — SENATE November 3, 2005

period as a result of damage sustained in ‘‘(b) MONTHLY PAYMENTS.—Notwith- ‘‘(2) LIMITED WAIVER OF RULES UNDER SEC- connection with Hurricane Katrina. standing paragraph (3)(C)(i) of subsection (b) TION 454(4)(A)(I).— (g) EXPEDITING IMPLEMENTATION.—The Sec- of section 403 of the Social Security Act (42 ‘‘(A) IN GENERAL.—Subject to subparagraph retary shall promulgate regulations to carry U.S.C. 603), and in addition to any other (B), such benefits shall not be considered as- out this section which may be effective and amounts paid to a State under that sub- sistance for purposes of section 454(4)(A)(i) of final immediately on an interim basis as of section, the total amount paid during a such Act (42 U.S.C. 654(4)(A)(i)). the date of publication of the interim final month to a State under this section shall not ‘‘(B) EXCEPTION FOR FAMILIES ALREADY RE- regulation. If the Secretary provides for an exceed the following: CEIVING CHILD SUPPORT SERVICES OR WHO interim final regulation, the Secretary shall ‘‘(1) DIRECT IMPACT STATES.—In the case of APPLY FOR SUCH SERVICES.—Subparagraph (A) provide for a period of public comments on a State described in subsection (a)(2), such shall not apply with respect to such benefits such regulation after the date of publication. amount shall not exceed, 1⁄4 of 20 percent of that are provided to a family who— The Secretary may change or revise such the State family assistance grant. ‘‘(i) at the time such benefits are provided, regulation after completion of the period of ‘‘(2) OTHER STATES.— In the case of a State are receiving child support services under a public comment. described in subsection (a)(3), such amount State plan under section 454 of such Act (42 (h) APPROPRIATION.—Out of any money in shall not exceed the lesser of— U.S.C. 654); or the Treasury not otherwise appropriated, ‘‘(A) the total amount of Hurricane ‘‘(ii) applies for child support services there is appropriated to the Fund $800,000,000 Katrina Emergency TANF Benefits (as de- under such a State plan on behalf of a child for fiscal year 2005, to remain available until fined in section 6(c)(1)) provided by the State who is receiving such benefits. expended. to families described in subsection (a)(3); or ‘‘(c) HURRICANE KATRINA EMERGENCY TANF (i) APPLICATION OF APPROPRIATIONS FUND- ‘‘(B) 1⁄4 of 20 percent of the State family as- BENEFITS.— ING PROVISIONS.—Amounts provided in this sistance grant. ‘‘(1) IN GENERAL.—In this section, the term section for making payments to medicaid ‘‘(c) NO STATE MATCH OR MAINTENANCE OF ‘Hurricane Katrina Emergency TANF Bene- providers under subsection (b)(1) shall be EFFORT REQUIRED.—Sections 403(b)(6) and fits’ means any benefit or service that may governed by the terms of division F of the 409(a)(10) of the Social Security Act (42 be provided under a State or tribal program Consolidated Appropriations Act, 2005 (Pub- U.S.C. 603(b)(6), 609(a)(10)) shall not apply funded under part A of title IV of the Social lic Law 108–447, 118 Stat. 3112) (or succeeding with respect to a payment made to a State Security Act to support families which the appropriations measures for a fiscal year) by reason of this section. State or Indian tribe deems to be needy fam- that apply to funding for Grants to States ‘‘(d) INCREASE IN FUNDING TO THE EXTENT ilies based on their statement, circumstance, for Medicaid under Title XIX of the Social NECESSARY TO ENSURE THAT STATES WILL BE or inability to access resources and who— Security Act. ABLE TO ACCESS THE CONTINGENCY FUND.— ‘‘(A) are described in section 3(a)(3); or SEC. 6089. NONAPPLICATION OF CERTAIN PROVI- For the period described in subsection (a)(1), ‘‘(B) subject to paragraph (2), reside in a SIONS. paragraph (2) of subsection (b) of section 403 State described in section 3(a)(2). of the Social Security Act (42 U.S.C. 603) Notwithstanding any other provision of ‘‘(2) LIMITATION.—Any benefit or service this Act, this Act shall be applied without shall be applied without regard to the limita- provided under a State or tribal program regard to subsections (a) and (b) of section tion on the total amount specified in such funded under part A of title IV of the Social 6032. paragraph and funds appropriated pursuant Security Act in a State described in section Subchapter B—TANF Relief to such paragraph shall be available for pay- 3(a)(2) to a family who the State or Indian ments authorized under this section and SEC. 6090. REIMBURSEMENT OF STATES FOR tribe deems to be a needy family in accord- under such subsection (b).’’. TANF BENEFITS PROVIDED TO AS- ance with paragraph (1), shall only be consid- (b) RETROACTIVE EFFECTIVE DATE.—The SIST FAMILIES OF STATES AF- ered to be a Hurricane Katrina Emergency FECTED BY HURRICANE KATRINA. amendment made by subsection (a) shall take effect as if included in the enactment of TANF Benefit if the State or Indian tribe (a) IN GENERAL.—Section 3 of the TANF designates that the benefit or service is to be Emergency Response and Recovery Act of the TANF Emergency Response and Recov- ery Act of 2005. treated as a Hurricane Katrina Emergency 2005 is amended to read as follows: TANF Benefit. SEC. 6091. INCREASE IN AMOUNT OF ADDITIONAL ‘‘SEC. 3. REIMBURSEMENT OF STATES FOR TANF ‘‘(d) SIMPLIFIED DATA REPORTING.— BENEFITS PROVIDED TO ASSIST TANF FUNDS AVAILABLE FOR HUR- ‘‘(1) IN GENERAL.—Each State or Indian FAMILIES OF STATES AFFECTED BY RICANE-DAMAGED STATES. HURRICANE KATRINA. (a) IN GENERAL.—Section 4 of the TANF tribe which provides Hurricane Katrina ‘‘(a) ELIGIBILITY FOR PAYMENTS FROM THE Emergency Response and Recovery Act of Emergency TANF Benefits shall report to CONTINGENCY FUND.— 2005 is amended— the Secretary of Health and Human Services ‘‘(1) PERIOD OF APPLICABILITY.—Beginning (1) in subsection (a)(2), by striking ‘‘20 per- on a monthly basis the following informa- with August 29, 2005, and ending with Sep- cent’’ and inserting ‘‘40 percent’’; and tion: tember 30, 2006, a State described in para- (2) in subsection (b), in the matter pre- ‘‘(A) The total amount of expenditures at- graph (2) or (3) shall be considered a needy ceding paragraph (1), by inserting ‘‘(at any tributable to providing Hurricane Katrina State for purposes of section 403(b) of the So- time during or after the period described in Emergency TANF Benefits. cial Security Act (42 U.S.C. 603(b)). section 3(a)(1))’’ after ‘‘may not be imposed’’. ‘‘(B) The total number of families receiv- ‘‘(2) DIRECT IMPACT STATES.—A State de- (b) RETROACTIVE EFFECTIVE DATE.—The ing such benefits. scribed in this paragraph is Louisiana, Mis- amendments made by subsection (a) shall ‘‘(C) To the extent the State determines it sissippi, or Alabama. take effect as if included in the enactment of is able to do so, the total amount of such ‘‘(3) OTHER STATES.— the TANF Emergency Response and Recov- benefits provided that are— ‘‘(A) IN GENERAL.—A State is described in ery Act of 2005. ‘‘(i) cash; this paragraph if the State provides any ben- SEC. 6092. RULES FOR RECEIPT OF HURRICANE ‘‘(ii) child care; or efit or service that may be provided under KATRINA EMERGENCY TANF BENE- ‘‘(iii) other benefits and services. the State program funded under part A of FITS AND APPLICATION TO CHILD ‘‘(2) REPORTS TO CONGRESS.—The Secretary SUPPORT REQUIREMENTS. title IV of the Social Security Act (42 U.S.C. of Health and Human Services shall submit, (a) IN GENERAL.—Section 6 of the TANF 601 et seq.) to a family which— on a monthly basis, a compilation of the re- Emergency Response and Recovery Act of ports submitted in accordance with para- ‘‘(i) has resided in a direct impact State de- 2005 is amended to read as follows: scribed in paragraph (2); graph (1) to the Committee on Finance of the ‘‘SEC. 6. RULES FOR RECEIPT OF HURRICANE ‘‘(ii) has travelled (not necessarily di- Senate and the Committee on Ways and KATRINA EMERGENCY TANF BENE- Means of the House of Representatives.’’. rectly) to the State from such direct impact FITS AND APPLICATION TO CHILD (b) RETROACTIVE EFFECTIVE DATE.—The State as a result of Hurricane Katrina; and SUPPORT REQUIREMENTS. amendment made by subsection (a) shall ‘‘(iii) if applying for benefits or services on ‘‘(a) IN GENERAL.—During the period de- take effect as if included in the enactment of or after October 28, 2005, the State has deter- scribed in section 3(a)(1), a State described in the TANF Emergency Response and Recov- mined is not receiving cash benefits from paragraph (2) or (3) of section 3(a) or an In- ery Act of 2005. any program funded under such part of any dian tribe with a tribal family assistance other State. plan approved under section 412 of the Social Subchapter C—Miscellaneous Provisions ‘‘(B) APPLICATION TO TERRITORIES.— Security Act (42 U.S.C. 612) may provide Hur- SEC. 6093. DISCLOSURE BASED ON VALID AU- ‘‘(i) IN GENERAL.—Notwithstanding section ricane Katrina Emergency TANF Benefits THORIZATION. 403(b)(7) of the Social Security Act, a terri- under the State or tribal program funded (a) IN GENERAL.—Section 223(d)(5) of the tory (as defined in section 1108(c)(1) of such under part A of title IV of the Social Secu- Social Security Act (42 U.S.C. 423(d)(5)) is Act (42 U.S.C.1308(c)(1)) shall be considered rity Act (42 U.S.C. 601 et seq.). amended by adding at the end the following: to be a State described in this paragraph for ‘‘(b) CERTAIN RULES WAIVED.— ‘‘(C) Notwithstanding any other provision purposes of this section. ‘‘(1) IN GENERAL.—Hurricane Katrina Emer- of law, if the Commissioner of Social Secu- ‘‘(ii) DISREGARD OF PAYMENTS.—Section gency TANF Benefits shall not be considered rity provides to a custodian of records a 1108(a) of the Social Security Act (42 U.S.C. assistance for purposes of sections 407, para- copy, facsimile, or electronic version of an 1308(a)) shall be applied without regard to graphs (2), (3), or (7) of section 408(a), 411, or authorization obtained from the individual any amounts paid to a territory (as so de- section 454(29) of the Social Security Act (42 to disclose records to the Commissioner, fined) in accordance with this section. U.S.C. 607, 608(a), 611, 654(29)). then such custodian shall not be held liable

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12301 under any applicable Federal or State law (e) OMB GUIDANCE ON USE OF GOVERNMENT hanging without the means to be able for disclosing any record or other informa- CREDIT CARDS FOR MICRO-PURCHASES.— to take care of their own people. We tion in response to such request, on the basis (1) GUIDANCE REQUIRED.—Not later than 14 provide disaster relief funds through an that the authorization relied upon was a calendar days after the date of enactment of copy, facsimile, or electronic version of the this Act, the Director of the Office of Man- uncompensated care pool for our pro- authorization.’’. agement and Budget shall issue clear and viders who have, without being asked, (b) EFFECTIVE DATE.—The amendment concise guidance regarding the use of Gov- provided the care for those individuals made by this section shall apply with respect ernment credit cards by Federal agencies to who needed it so desperately. I urge my to disclosures of records or other informa- make micro-purchases under subsections (c), colleagues to support this. We have tion made on or after the date of enactment (d), and (f) of section 32 of the Office of Fed- tried time and time again to do what is of this Act. eral Procurement Policy Act (41 U.S.C. 428), right. We have the opportunity here. SEC. 6094. EMERGENCY PROCUREMENT AUTHOR- as modified by this section. We have offered it many times. I en- ITY IN SUPPORT OF HURRICANE (2) ELEMENTS.—The guidance under para- KATRINA RESCUE AND RELIEF EF- graph (1) shall include— courage my colleagues, please do the FORTS. (A) a list of Government officials with the right thing. (a) SMALL BUSINESS RESERVATION OFF- authority to approve purchases under sub- The PRESIDING OFFICER. The Sen- SET.—Section 15(j) of the Small Business Act section (d) in amounts in excess of $50,000, (15 U.S.C. 644(j)) is amended by adding at the ator from New Hampshire. designated by agency, title, and pay grade; end the following: Mr. GREGG. Madam President, this ‘‘(4) For any contracts involving the use of (B) the number of credit cards, by agency, the special emergency procurement author- that may be utilized for purchases under sub- amendment is opposed by the Finance ity under section 32A(c) of the Office of Fed- section (d) in amounts in excess of $50,000; Committee. The Finance Committee eral Procurement Policy Act (41 U.S.C. (C) procedures for the immediate review of has aggressively funded this account 428a(c)), the dollar ceiling of the small busi- any purchase under subsection (d) in an with $1.94 billion in this bill, which will ness reservation established in paragraph (1) amount in excess of $50,000 that was not ap- cover 1.9 million victims of the hurri- shall be adjusted to match the applicable proved by an official specified in that para- graph as required by that paragraph; cane. Therefore, these additional funds, amount of the simplified acquisition thresh- if this amendment were to pass, would old.’’. (D) procedures for the audit of all pur- (b) RETENTION OF SMALL BUSINESS SUBCON- chases made on Government credit cards basically put the Finance Committee TRACTING.—Section 8(d)(4)(D) of the Small after the expiration of subsection (d) under section of the bill out of compliance Business Act (15 U.S.C. 637(d)(4)(D)) is subsection (c); and with the Deficit Reduction Act. There- amended— (E) procedures to ensure that such pur- fore, we oppose it. chases are made with small business con- (1) by striking ‘‘(D) No contract’’ and in- I make a point of order that the serting the following: cerns and local small business concerns, to ‘‘(D) SMALL BUSINESS PARTICIPATION.— the maximum extent practicable under the pending amendment is not germane to ‘‘(i) IN GENERAL.—No contract’’; and circumstances. the measure now before the Senate. I (2) by adding at the end the following: (3) REPORTS ON PURCHASES.—Not later than raise that as a point of order under sec- ‘‘(ii) EMERGENCY PROCUREMENTS.— 180 days after the date of the enactment of tion 305 of the Budget Act. ‘‘(I) IN GENERAL.—For any contract which this Act, the head of each executive agency making any purchase under subsection (d) in Mrs. LINCOLN. Madam President, otherwise meets the requirements of this pursuant to section 904 of the Congres- subsection, and which involves the use of an amount in excess of $50,000 shall submit special emergency procurement authority to the appropriate Congressional committees sional Budget Act of 1974, I move to under section 32A(c) of the Office of Federal a report on each such purchase made by such waive the applicable sections of that Procurement Policy Act (41 U.S.C. 428a(c)), agency, including— act for consideration of the pending the subcontracting plan required under this (A) a description of the property or serv- amendment, and I ask for the yeas and subsection shall be negotiated as soon as is ices so purchased; nays. (B) a statement of the purpose of such pur- practicable, but not later than 30 days after The PRESIDING OFFICER. Is there a the date on which the contract is awarded. chase; ‘‘(II) PAYMENT.—Not greater than 50 per- (C) a statement of the amount of such pur- sufficient second? cent of the amounts due under any contract chase; There appears to be a sufficient sec- described in subclause (I) may be paid, unless (D) a statement of the name, title, and pay ond. a subcontracting plan compliant with this grade of the officer or employee of such subsection is negotiated by the contractor.’’. agency making such purchase; and The question is on agreeing to the (c) LIMITATIONS ON INCREASED MICRO-PUR- (E) whether such purchases were made motion. The clerk will call the roll. CHASE THRESHOLD.—Notwithstanding any with small business concerns. The legislative clerk called the roll. other provision of law, the authority granted (4) APPROPRIATE CONGRESSIONAL COMMIT- under section 101 of the Second Emergency TEES DEFINED.—In this subsection, the term Mr. DURBIN. I announce that the Supplemental Appropriations Act to Meet ‘‘appropriate Congressional committees’’ Senator from New Jersey (Mr. CORZINE) Immediate Needs Arising From the Con- means— is necessarily absent. sequences of Hurricane Katrina, 2005 (Public (A) the Committees on Appropriations, The PRESIDING OFFICER. Are there Law 109-62), including the modifications Small Business and Entrepreneurship, Fi- under subsection (d), shall— nance, and Homeland Security and Govern- any other Senators in the Chamber de- (1) be restricted for use solely within the mental Affairs of the Senate; and siring to vote? geographic areas designated by the President (B) the Committees on Appropriations, The yeas and nays resulted—yeas 48, as disaster areas due to Hurricane Katrina; Small Business, and Government Reform of nays 51, as follows: (2) not be exercised in a manner incon- the House of Representatives. sistent with any Federal law providing for SEC. 6095. TRANSFER OF FUNDS. [Rollcall Vote No. 285 Leg.] local preference in disaster relief and recov- Notwithstanding any other provision of YEAS—48 ery contracting; and law, of the amounts made available to the (3) terminate 120 days after the date of en- Department of Homeland Security under the Akaka Feingold Mikulski actment of this Act. heading ‘‘Disaster Relief’ under the heading Baucus Feinstein Murray Bayh Harkin Nelson (FL) (d) MODIFIED THRESHOLD.—Notwith- ‘‘Emergency Preparedness and Response’’ of standing section 101(2) of the Second Emer- Public Law 109–62 (119 Stat. 1991), $6.2 billion Biden Hutchison Nelson (NE) shall be made available to the Secretary to Bingaman Inouye Obama gency Supplemental Appropriations Act to Boxer Jeffords Pryor Meet Immediate Needs Arising From the carry out this chapter and remain available Byrd Johnson Reed Consequences of Hurricane Katrina, 2005 until expended. The Secretary shall use such Cantwell Kennedy Reid (Public Law 109–62), the amount specified in sums as are necessary to carry out this chap- Carper Kerry Rockefeller subsections (c), (d), and (f) of the section 32 ter. Clinton Kohl Salazar of the Office of Federal Procurement Policy Mrs. LINCOLN. Madam President, Conrad Landrieu Sarbanes Act (41 U.S.C. 428) for purchases necessary this amendment truly reflects the val- Cornyn Lautenberg Schumer for support of Hurricane Katrina rescue and Dayton Leahy Snowe ues that we hold as an American fam- Dodd Levin Stabenow relief operations shall be $50,000, or such an ily. When one of us is sick or ill, the Dorgan Lieberman Vitter amount in excess of $50,000, but not to exceed rest of us are there to help. The amend- Durbin Lincoln Wyden $250,000, as may be approved by the head of ment simply provides immediate ac- the executive agency concerned (or any dele- NAYS—51 gate of the head of such executive agency, cess to Medicaid for displaced individ- uals from the gulf coast disaster. It Alexander Brownback Chambliss who shall be an officer or employee of such Allard Bunning Coburn executive agency who is a warranted con- provides full Federal support to the af- Allen Burns Cochran tracting officer for making Federal acquisi- fected States only in the Medicaid Pro- Bennett Burr Coleman tions). gram so that we don’t leave them Bond Chafee Collins

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.010 S03NOPT1 S12302 CONGRESSIONAL RECORD — SENATE November 3, 2005 Craig Hagel Santorum Health, not just for 1 year but perma- Bingaman Gregg Nelson (NE) Crapo Hatch Sessions nently—permanently. Permanently is a Bond Harkin Obama DeMint Inhofe Shelby Boxer Hatch Pryor DeWine Isakson Smith long time. The only way you get Byrd Inouye Reed Dole Kyl Specter around it is a supermajority vote of 67 Cantwell Jeffords Reid Domenici Lott Stevens votes in the Senate. Carper Johnson Roberts Ensign Lugar Sununu Chafee Kennedy I urge colleagues to oppose the Rockefeller Enzi Martinez Talent Clinton Kerry Salazar Frist McCain Thomas Cochran Kohl amendment. Sarbanes Graham McConnell Thune Coleman Landrieu The PRESIDING OFFICER. Is all Schumer Grassley Murkowski Voinovich Collins Lautenberg Gregg Roberts Warner time yielded back? Conrad Leahy Smith Mr. INHOFE. No, I believe I have 30 Dayton Levin Snowe NOT VOTING—1 seconds remaining. DeWine Lieberman Specter Stabenow Corzine The PRESIDING OFFICER. The Sen- Dodd Lincoln Domenici Lott Stevens The PRESIDING OFFICER. On this ator from Oklahoma. Dorgan Lugar Talent vote, the yeas are 48, the nays are 51. Mr. INHOFE. Madam President, what Durbin Mikulski Voinovich Three-fifths of the Senators duly cho- the Senator from North Dakota said is Enzi Murkowski Warner Feingold Murray Wyden sen and sworn not having voted in the exactly right. That is exactly what this Feinstein Nelson (FL) affirmative, the motion is not agreed amendment does. And if you are really NOT VOTING—1 to. The point of order is sustained, and serious about doing something about the amendment falls. the deficit, this is your chance to do it. Corzine Mr. GREGG. I move to reconsider This morning we passed the Agri- The PRESIDING OFFICER. On this and I move to lay that motion on the culture appropriations conference re- vote, the yeas are 32, the nays are 67. table. port which had a very small increase, Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Without but last week we passed the Labor-HHS sen and sworn not having voted in the objection, it is so ordered. appropriations bill with $107 billion affirmative, the motion is rejected. The point of order is sustained and the CHANGE OF VOTE more than the previous year. This has to stop, and that is why this is a very amendment falls. Mr. CORNYN. Mr. President, I ask Mr. COCHRAN. Madam President, I unanimous consent that my vote on significant vote. Mr. President, I say to my conserv- move to reconsider the vote. the motion to waive with respect to Mr. GREGG. I move to lay that mo- ative friends, this is going to be scored the Lincoln amendment No. 2356, as tion on the table. modified, be recorded as a ‘‘yea.’’ This very heavily by conservative organiza- The motion to lay on the table was does not change the outcome of the tions, such as the National Taxpayers agreed to. Union. I urge a positive vote. vote. AMENDMENT NO. 2357 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Mr. NELSON of Florida. Madam objection, it is so ordered. ator from Mississippi. President, my amendment would pre- (The foregoing tally has been Mr. COCHRAN. Madam President, I vent a hike in Medicare premiums for changed to reflect the above order.) renew my point of order. The pending our 42 million senior citizens. In the amendment contains matter within the AMENDMENT NO. 2355 bill, doctors’ fees are increased in their jurisdiction of the Committee on the Mr. GREGG. Madam President, we reimbursement. In my amendment, Budget. I raise a point of order against are now going to the Inhofe amend- that is paid for with drug company the amendment under section 306 of the ment. money that would be staying the same Budget Act. The PRESIDING OFFICER. The Sen- under the existing law where the drug ator from Oklahoma. Mr. INHOFE. Madam President, pur- companies have to give discounts under Mr. INHOFE. Madam President, suant to section 904 of the Congres- the Medicaid law as they transition there have been many sincere, well- sional Budget Act of 1974, I move to into Medicaid HMOs. This saves our meaning efforts to put fiscal discipline waive the applicable sections of the act seniors over $1 billion in increased pre- into this legislation. Some people have for the consideration of the pending miums. tried to stop projects only to find out amendment. I urge a ‘‘yes’’ vote. This amendment is supported and en- it does not save any money; it just I ask for the yeas and nays. dorsed by the AARP. I want to wel- causes them to rearrange their The PRESIDING OFFICER. Is there a come the bipartisan support of the Sen- projects. sufficient second? ate for this amendment. This amendment actually does that. There appears to be a sufficient sec- The PRESIDING OFFICER. Who This is the only amendment that does. ond. yields time in opposition? The Senator from Iowa. I will read it for my colleagues: The question is on agreeing to the motion. The clerk will call the roll. Mr. GRASSLEY. Madam President, I All non-defense, non-trust fund discre- The bill clerk called the roll. rise in opposition to the Nelson amend- tionary spending shall not exceed the pre- ment. I think everybody knows that vious fiscal year’s level without a two-thirds Mr. DURBIN. I announce that the vote. Senator from New Jersey (Mr. CORZINE) the taxpayers pay 75 percent of the Part B premium and 25 percent is paid I retain the remainder of my time. is necessarily absent. The PRESIDING OFFICER. Are there by the individual. Whenever we in- The PRESIDING OFFICER. Who crease doctors’ reimbursement—and we yields time in opposition? any other Senators in the Chamber de- siring to vote? do that in this bill by 5.3 percent so The Senator from Mississippi. that doctors do not lose their money— Mr. COCHRAN. Madam President, The result was announced—yeas 32, nays 67, as follows: then, obviously, the 25 percent is going the pending amendment contains mat- to go up a little bit, just as the 75 per- [Rollcall Vote No. 286 Leg.] ter within the jurisdiction of the Com- cent goes up a little bit when reim- mittee on the Budget. I raise a point of YEAS—32 bursement is increased. order against the amendment under Allard DeMint Martinez The Senator from Florida takes of- section 306 of the Budget Act. Allen Dole McCain fense at the fact that the premium is The PRESIDING OFFICER. Is all Brownback Ensign McConnell Bunning Frist Santorum going to go up in the year 2007 by $1.69. time yielded back on the amendment? Burns Graham Sessions It is the way the formula works. I Mr. INHOFE. No. Burr Grassley Shelby think every Senator wants to vote to The PRESIDING OFFICER. The Sen- Chambliss Hagel Sununu give the doctors fair reimbursement Coburn Hutchison Thomas ator from North Dakota. Cornyn Inhofe because without doctors senior citizens Thune Mr. CONRAD. Madam President, the Craig Isakson Vitter cannot be served. So we ought to let amendment of the Senator from Okla- Crapo Kyl the formula work. homa would freeze spending on vet- NAYS—67 The offset is very egregious toward erans, on homeland security, on edu- Akaka Baucus Bennett managed care as well. Also, do not for- cation, on National Institutes of Alexander Bayh Biden get that low-income people, people on

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.011 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12303 Medicaid, do not pay the Part B and cent. Deductibles for hospital and I think it is a good idea to expand the those who are not on Medicaid but skilled nursing home visits are also ris- drug rebate program from Medicare below the poverty level have help ing. fee-for-service to all of Medicaid, in- through the QI program that we passed Medicare beneficiaries spend a siz- cluding the managed care programs. and the President signed recently to able portion of their income on health When we first passed this law, 15 years continue that program. So I hope my care. In 2004, beneficiaries spent about ago, Medicaid managed care did not colleagues will defeat the amendment. $3,725—nearly one-quarter—of their in- have such a strong presence. It now ac- Mr. GREGG. Madam President, I ask come on health care costs. Over the counts for much of Medicaid services for the yeas and nays. last 3 years, Medicare premiums have and should be part of this rebate pro- The PRESIDING OFFICER. Is there a increased by 50 percent. Compare this gram. sufficient second? to the only 10-percent increase in sen- I believe honor thy mother and fa- There appears to be a sufficient sec- iors’ cost-of-living adjustments, COLA. ther is not just a good commandment ond. Next year, Part B premiums will in- to live by, it is good public policy to The question is on agreeing to the crease by another 12 percent. govern by. amendment. But there is another problem this That’s why I feel so strongly about The clerk will call the roll. amendment addresses. The current Medicare. Congress created Medicare The assistant legislative clerk called Medicare physician payment formula, to provide a safety net for seniors. In the roll. known as the sustainable growth rate, 1965, seniors’ biggest fear was the cost Mr. DURBIN. I announce that the SGR, has serious flaws. The current of hospital care. One heart attack Senator from New Jersey (Mr. CORZINE) formula has generated negative up- could have put a family into bank- is necessarily absent. dates since 2001. Without congressional ruptcy. That is what Medicare Part A The PRESIDENT pro tempore. Are intervention, reimbursement rates for is all about. there any other Senators in the Cham- physicians in the Medicare Program Then Congress added Medicare Part ber desiring to vote? will decrease by 4.3 percent next year. B to help seniors pay for doctor visits The result was announced—yeas 49, I have long supported fixing this as an important step to keep seniors nays 50, as follows: flawed formula. With the majority of healthy and financially secure. Now, [Rollcall Vote No. 287 Leg.] my colleagues, I have written letters to Part B premium increases are racing YEAS—49 CMS Commissioner Dr. Mark McClelan ahead of seniors’ ability to pay. So sen- Akaka Durbin Murray and the Director of the Office of Man- iors may lose the ability to pay for Baucus Feingold Nelson (FL) agement and Budget, Mr. Joshua coverage for their doctor’s visits. Bayh Feinstein Nelson (NE) Bolten. I have supported legislation This amendment is not an answer to Biden Harkin Obama trying to address this issue. Without a skyrocketing health care costs, but a Bingaman Inouye Pryor stopgap measure to give seniors a little Boxer Jeffords permanent fix, this uncertainty causes Reed breathing room. I am working hard on Burns Johnson Reid considerable angst among the physi- Byrd Kennedy Rockefeller several bills to fix the Medicare bill Cantwell Kerry cian community every year. Although I Salazar that was passed last year. I am fighting Carper Kohl Sarbanes believe Congress needs to enact a long- Clinton Landrieu to protect seniors’ Social Security Schumer term solution, this amendment sup- Collins Lautenberg COLAs from increases in both Part B Snowe ports a 1 percent increase in the physi- Conrad Leahy and Part D premiums. Stabenow cian reimbursement rate for the next Dayton Levin I am fighting to close the coverage DeWine Lieberman Talent year. Wyden gap to provide a real drug benefit for Dodd Lincoln But this increase in physician pay- Dorgan Mikulski seniors. I am fighting to allow the Gov- ments will also increase overall spend- ernment to negotiate with drug compa- NAYS—50 ing on Medicare Part B. This will in nies to lower the cost of prescription Alexander Dole McCain turn increase Medicare premiums, drugs to save money for the Govern- Allard Domenici McConnell which are set at 25 percent of Part B Allen Ensign Murkowski ment and for seniors. I am fighting to expenses. While I strongly support the Bennett Enzi Roberts end the giveaways to insurance compa- Bond Frist payment change, I believe it is equally Santorum nies and use those savings to improve Brownback Graham Sessions important that Medicare beneficiaries Bunning Grassley Medicare. Shelby not have their premiums unexpectedly Burr Gregg Smith And I could go on. Chafee Hagel increased. Specter I am fighting to protect physician re- Chambliss Hatch Stevens This amendment ensures that Medi- Coburn Hutchison imbursement rates by supporting legis- Sununu care beneficiaries will not have to pay Cochran Inhofe lation and writing to government offi- Coleman Isakson Thomas unexpectedly higher premiums in 2007 cials who have the authority to make Thune Cornyn Kyl because of the payment changes for changes to the flawed formula. Craig Lott Vitter 2006 in the Senate’s budget reconcili- Voinovich And I will continue to fight. Crapo Lugar ation bill. This amendment prevents us DeMint Martinez Warner This amendment is a good step down from having to make a King Solomon- in our constant attempt to reign in NOT VOTING—1 like decision. With this amendment, we Medicare premium costs for seniors Corzine do not have to consider ‘‘cutting the while protecting reimbursement rates The amendment (No. 2357) was re- baby in half.’’ We do not have to decide for physicians. jected. between this modest increase to physi- Seniors cannot afford 17-percent in- Ms. MIKULSKI. Mr. President, I rise cian reimbursement and a further hike creases in their Medicare premiums. today to join my colleagues in support to our senior citizens—especially for Physicians cannot afford to have their of Senator NELSON’s amendment to those who are forced to live on a fixed reimbursement rates cut. I urge my protect seniors against the outrageous income. colleagues to join me in expressing increases in their Medicare costs. In addition, the increase necessary to support for this amendment. Health care costs are skyrocketing provide for physician reimbursement Mr. GREGG. Mr. President, I move to and seniors are paying a greater share will not have to come from taxpayers. reconsider the vote. out of their pockets for health care The offset for this amendment is an ex- Mr. BOND. I move to lay that motion each year. Medicare premium increases pansion of a drug rebate program cur- on the table. are outpacing inflation. Prescription rently in place since 1990. Drug manu- The motion to lay on the table was drug costs are shooting through the facturers currently pay a rebate to par- agreed to. roof. ticipate in Medicaid. The Nelson AMENDMENT NO. 2358 Other out-of-pocket medical expenses amendment would offset the cost of Mr. GREGG. Mr. President, we are are also increasing. Seniors are facing protecting Medicare beneficiaries from making progress, but it is slow. The higher copays and deductibles. Last the Part B premium increase by pro- next amendment is the amendment of year’s Medicare bill increased viding Medicaid managed care plans Senator CANTWELL, which is obviously deductibles for doctors’ visits by 10 per- access to these drug rebates. the big polar bear.

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.021 S03NOPT1 S12304 CONGRESSIONAL RECORD — SENATE November 3, 2005 The PRESIDENT pro tempore. The ing in ANWR will do nothing to reduce and Conoco-Phillips—have been rel- Senator is recognized. our energy price and supply problems atively silent this year about their in- Ms. CANTWELL. My amendment in the near term and very little to re- terest in ANWR. strikes the language allowing for drill- duce our dependence on foreign sup- Little oil industry interest, less job ing in the Arctic National Wildlife Ref- plies of oil. With transportation ac- creation than anticipated, minimal re- uge. The underlying bill is a sweet- counting for nearly 70 percent of oil coverable oil deposits, no impact on heart deal for oil companies that have use in this country, the Bush adminis- current energy prices and negligible made a record $30 billion in profits last tration and many of my colleagues on impact on future prices, no reduction quarter. The bill gives oil companies a the other side of the aisle have refused in foreign oil dependence, and a web of free ride with back-door language that to tackle the issue of automobile fuel infrastructure across the Coastal allows them to circumvent environ- efficiency. According to the American Plain—does that justify pillaging the mental laws, legal standards and Fed- Council for an Energy-Efficient Econ- Arctic Refuge? I think it is irrespon- eral agency oversight that every other omy, if the Corporate Average Fuel sible to do so. business in America has to comply Economy, CAFE, standards are raised Therefore, I urge my colleagues to with. by just 5 percent annually until 2012, support the Cantwell amendment and This wildlife area has been protected and by just 3 percent thereafter, more work with us to enact policies that since the Eisenhower days, and for than 1.5 million barrels of oil per day provide economic relief for residential good reason. There is an average of could be saved by 2010, and 67 billion and business consumers and set our over 500 oil spills a year on the Alaska barrels of oil over the next 40 years— country on a path to energy security. North Slope and over 4,000 spills in the more than 10 times what could be re- Ms. MIKULSKI. Mr. President, I rise last 10 years. Let’s not pollute one of covered in ANWR. In 1998, the U.S. Ge- to oppose drilling in the Arctic Na- the great last refuges of America, and ological Survey estimated that there is tional Wildlife Refuge. Opening the ref- let’s take the polluting language out of no more than 5.2 billion barrels of eco- uge is not the answer to solving our this bill. The Department of Energy nomically recoverable oil in ANWR, a country’s energy needs. We cannot drill says drilling in ANWR will do nothing number that is equivalent to what the our way out of our energy problems. in the near term and very little in the United States consumes in about 6 We need to focus on real solutions long term, reducing gas prices by only months. not gimmicks—solutions that decrease one penny. America wants a better en- Any recoverable oil that might be our dependence of foreign oil, protect ergy plan than putting a sweetheart below the Refuge would not begin flow- the environment and help consumers at deal in the budget language. ing for at least 10 years and would a time when the costs to fill up their I urge my colleagues to strike this never meet more than a small percent- gas tanks and heat their homes are at language. age of our oil needs at any given time. all time highs. Mr. DODD. Mr President, I join with So, therefore, it would have no impact If we open the Arctic Refuge for oil my colleagues in strong opposition to on my constituents and your constitu- and gas drilling, it would provide only opening the Arctic National Wildlife ents for at least a decade. Further, the about a 6-month supply of oil and Refuge, ANWR, to oil drilling. I believe Energy Information Administration, would not even be available for 10 or including it in a reconciliation package EIA, has said that because the price of more years. That means that drilling is a backdoor attempt to achieve a oil is set by the world market, ANWR in the wildlife refuge would not affect shortsighted, environmentally irre- would have a negligible impact on gas- our current oil and gasoline prices nor sponsible outcome. It is little more oline prices. will it reduce our country’s dependence than a scheme to raise $2.5 billion that The United States dependence on for- on foreign oil. Even in 10 or so years will ultimately be used to cover a por- eign oil is growing, with current im- when we might get the oil, drilling in tion of the cost of tax cuts for the ports at 58 percent. We currently have the Arctic National Wildlife Refuge wealthy. Further, it will have a great about 3 percent of the world’s oil re- will help little if at all. and lasting cost to the environment serves but consume more than a quar- Rather than trying to get a couple of with few benefits in terms of affordable ter of the world’s oil supply. We simply months of oil supply in 10 years, we energy. cannot drill our way out of our prob- need to address the most pressing Let me lay out a few reasons why I lems. Last year, EIA stated that at issues facing our country now: our oppose drilling in ANWR. peak production, oil from ANWR would growing dependence on foreign oil, sky- The area we are talking about is account for just a fraction of our con- high oil and gas prices, and global home to nearly 200 species of wildlife, sumption—no more than 4 percent. warming. This is what I have been including polar, grizzly, and black Further, there is no guarantee that any fighting for—real solutions to real bears, rare musk oxen, and millions of oil produced domestically from ANWR problems that would help today’s con- migratory birds. Each year, thousands would make it to the rest of the coun- sumers and tomorrow’s energy needs. of caribou travel to the Coastal Plain try. There is no assurance that it will That is why I fought to include an of the Arctic Refuge to give birth to not all be exported to foreign coun- amendment to the Commerce, Justice, their calves. It has been protected for tries. It is simply too big a risk to take Science Appropriations bill that would decades, during Republican and Demo- when there are other, less intrusive provide a million dollars to the Federal cratic administrations. It is not as if ways to truly alleviate our dependence Trade Commission to immediately in- we have said no to oil and gas explo- on oil—fuel efficiency, renewable and vestigate claims of price gouging. ration in the entire North Slope. It is alternative sources of energy, and, dare While oil companies and refineries re- only the remaining 5 percent—the I say it, conservation, something the port record profits, American con- Coastal Plain of the Arctic Refuge— Bush administration would have you sumers shouldn’t have to scrimp to buy that we want placed off limits. If we now believe it wholly endorses. gasoline to go to work, or church or to open this pristine land now, we can ANWR drilling proponents are always buy groceries. I also cosponsored a bill never turn the clock back. Setting the quick to contend that 735,000 jobs that would place a federal ban on price process in motion will entail a web of would be created by opening this area gouging for oil, gasoline and other pe- oil platforms, pipelines, production fa- to oil extraction. Those estimates are troleum products during times of en- cilities, power facilities, support struc- based on figures from 15 years ago that ergy emergencies. To drive this point tures, and roads across the entire area. the forecasters have since acknowl- home, I sent a letter to the chair- The administration contention that de- edged were based on flawed assump- woman of the FTC, expressing my con- velopment would be confined to a 2,000- tions. In October 2005, the Congres- cern over the consolidation of oil refin- acre footprint is simply false because sional Research Service reported that eries, resulting in the lack of competi- the recoverable oil is spread out in full development of the Arctic Refuge tion. small deposits across the entire Coast- would result in 60,000 jobs. Even the I also recently sent a letter to Presi- al Plain. three oil companies that stand to reap dent Bush urging him to convene a I firmly believe we need to ensure our the most profits by expanding their White House summit of oil and gas country’s economic security, but drill- presence in Alaska—ExxonMobil, BP, company CEOs to insist that they

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.023 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12305 lower their sky-high gas and home cries out for good jobs. We wonder why tary inquiry if that amendment is sub- heating oil prices. These are some of we don’t have them. Then we ignore ject to the Byrd rule. the President’s closets political sup- our own source of supply which would The PRESIDING OFFICER. In the porters and friends They are also the create them. opinion of the Chair, it is not. same men and women who the Presi- Any time I have left I yield to the Mr. STEVENS. Madam President, as dent called on to write the administra- Senator from Alaska. long as this amendment is not changed tion’s energy policy in 2001. If the The PRESIDENT pro tempore. The and comes back to this floor in the President can call them in to help Senator has 5 seconds. conference report, it will not be subject themselves, he should call them back Ms. MURKOWSKI. Mr. President, to the Byrd rule. to help ordinary Americans. Another this is the Senate’s opportunity and The PRESIDING OFFICER. The lan- letter called on the oil and gas com- the country’s opportunity to address guage as stated is not subject to a pany CEOs to temporarily halt unnec- our national security, our energy secu- point of order. essary exports of any home heating oil rity, and our environmental security. Who yields time? products that they are currently send- Defeat this amendment. Mr. WYDEN. Madam President, I call ing abroad. We cannot expect Ameri- Mr. GREGG. Mr. President, I ask for up the Wyden-Collins amendment. cans to pay over $1,000 to heat their the yeas and nays The PRESIDING OFFICER. The homes this winter when U.S. compa- The PRESIDENT pro tempore. Is amendment is pending. nies are exporting billions of gallons of there a sufficient second? There is a Mr. WYDEN. Madam President, you refined heating oil and propane. sufficient second. cannot look the public in the eye after We need to find solutions for tomor- The question is on agreeing to the all the speeches about how the oil is row’s energy needs as well as those fac- amendment. The clerk will call the needed here at home and pass legisla- ing Americans today. I introduced a roll. tion that is an invitation to export bill that would provide tax incentives The assistant journal clerk called the Alaskan oil to countries such as China. for energy efficient hybrid and fuel cell roll. The history is, if you do not ban these vehicles, which was included in the En- Mr. DURBIN. I announce that the exports, this oil is going to go to Asia. ergy bill. I also voted for a proviso in Senator from New Jersey (Mr. CORZINE) That was confirmed not long ago by oil the Senate energy bill that would have is necessarily absent. required utilities to generate 10 per- company executives who came before The PRESIDING OFFICER (Ms. MUR- the Senate Commerce Committee. cent of their energy from renewable KOWSKI.) Are there any other Senators sources. In addition, I supported a pro- Without this amendment, there is no in the Chamber desiring to vote? assurance that even one drop of Alas- vision in the bill that requires the Fed- The result was announced—yeas 48, eral Government to get at least 7.5 per- kan oil will get to hurting Americans. nays 51, as follows: I hope the Senate agrees to this amend- cent of our energy from renewable [Rollcall Vote No. 288 Leg.] sources by 2013. I also supported an ment to, at the very least, put a Band- YEAS—48 amendment that would require the Aid on a flawed policy. U.S. to reduce foreign oil imports by 40 Baucus Dorgan Mikulski I yield to my cosponsor, the Senator Bayh Durbin Murray from Missouri. percent in 20 years Biden Feingold Nelson (FL) Just last week, oil companies re- Bingaman Feinstein Nelson (NE) Mr. TALENT. Madam President, I ported record third quarter profits, Boxer Harkin Obama congratulate my friend from Oregon Byrd Jeffords Pryor for his fine work. some more than 85 percent higher than Cantwell Johnson Reed last year. As Americans struggle to fill Carper Kennedy Reid Briefly, as a very strong supporter of their gas tanks and pay high home Chafee Kerry Rockefeller exploring for oil in the Arctic, one of heating bills, the oil and gas companies Clinton Kohl Salazar the big reasons we are doing it is to en- Coleman Lautenberg Sarbanes hance our national security and our are filling their pockets with historic Collins Leahy Schumer profits. And now, here we are, in the Conrad Levin Smith own domestic oil supply, which is why Senate, giving them the opportunity to Dayton Lieberman Snowe I support the amendment I am cospon- drill in federally protected land. DeWine Lincoln Stabenow soring. Dodd McCain Wyden This is not a time to reward oil and Mr. WYDEN. Madam President, I ask gas companies with the promise of NAYS—51 for the yeas and nays. more profits. We need to give these Akaka Dole Lugar The PRESIDING OFFICER. Is there a companies the opportunity to be patri- Alexander Domenici Martinez sufficient second? There is a sufficient Allard Ensign McConnell ots—not profiteers. They need to join Allen Enzi Murkowski second. The yeas and nays were or- us by holding down prices, investing in Bennett Frist Roberts dered. renewable energy, serving the needs of Bond Graham Santorum Mr. STEVENS. Is there time in oppo- Americans and conserving as much as Brownback Grassley Sessions Bunning Gregg Shelby sition? possible. Together, America can do bet- Burns Hagel Specter The PRESIDING OFFICER (Mr. ter. Burr Hatch Stevens GRAHAM). There is 1 minute in opposi- The PRESIDENT pro tempore. The Chambliss Hutchison Sununu tion. Coburn Inhofe Talent time of the Senator has expired. Mr. STEVENS. In principle, I am op- Who yields time in opposition? The Cochran Inouye Thomas Cornyn Isakson Thune posed, but as long as it does not violate Senator from New Mexico. Craig Kyl Vitter the Byrd rule, I will not vote against Mr. DOMENICI. Mr. President, let me Crapo Landrieu Voinovich it. say to the Senate it is finally time. It DeMint Lott Warner is finally time that we decide to do I yield back the time. NOT VOTING—1 The PRESIDING OFFICER. The something about our oil dependency. It Corzine is time that we do something for the question is on agreeing to the amend- American people about the rising, esca- The amendment (No. 2358) was re- ment numbered 2362. lating price of gasoline at the pump. jected. The yeas and nays have been ordered. As I see it, this is a rare opportunity Mr. STEVENS. Madam President, I The clerk will call the roll. to produce substantial quantities of move to reconsider the vote. The assistant legislative clerk called crude oil from our own homeland, from Mr. FRIST. I move to lay that mo- the roll. one of our States. Not only will it tion on the table. Mr. DURBIN, I announce that the produce oil, it will produce the equiva- The motion to lay on the table was Senator from New Jersey (Mr. CORZINE) lent of what the State of Texas has in agreed to. is necessarily absent. reserves. To say it has very little is to AMENDMENT NO. 2362 The PRESIDING OFFICER. Are there say the full State of Texas has very lit- Mr. STEVENS. Madam President, any other Senators in the Chamber de- tle reserves. parliamentary inquiry: The next siring to vote? It will produce jobs, up to 736,000. amendment is the Wyden amendment The result was announced—yeas 83, You see them on this list. America on export of oil. I make a parliamen- nays 16, as follows:

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.095 S03NOPT1 S12306 CONGRESSIONAL RECORD — SENATE November 3, 2005 [Rollcall Vote No. 289 Leg.] AMENDMENT NO. 2359 crops to grow. To illustrate, cotton YEAS—83 The PRESIDING OFFICER. Who program payments represent 39 percent Akaka Ensign Murkowski yields time on the amendment? of western farmers’ cash costs of pro- Baucus Enzi Murray The Senator from Iowa. duction. Corn and wheat program pay- Bayh Feingold Nelson (FL) Mr. GRASSLEY. Mr. President, how ments represent 49 percent and 50 per- Biden Feinstein Nelson (NE) much time do I have? cent of Midwestern farmers’ cash costs, Bingaman Frist Obama Bond Graham Pryor The PRESIDING OFFICER. One respectively. Boxer Grassley Reed minute. Thus, in order to achieve economies Burns Hagel Reid Mr. GRASSLEY. Mr. President, this of scale and remain competitive, Ari- Byrd Harkin Roberts Cantwell Hatch is a bipartisan amendment, the Grass- zona farms must be large. According Rockefeller ley-Dorgan amendment, with a lot of Carper Hutchison Salazar the Economic Research Service, over 30 Chafee Inouye Santorum cosponsors. We have a problem in the percent of cotton production occurs on Chambliss Isakson Sarbanes existing bill that will hurt family Clinton Jeffords farms operating on an average of 3,500 Schumer Coburn Johnson farmers. It cuts farm payments across acres. Are we to believe that none of Cochran Kennedy Shelby the board for 100 percent of the farm- these large farms are owned by Arizona Smith Coleman Kerry ers. It cuts conservation programs, so families? I know for a fact that they Collins Kohl Snowe Conrad Lautenberg Specter it harms the environment to a greater are. Crapo Leahy Stabenow extent. What we do is solve a problem The average farming operation in Ar- Dayton Levin Stevens and help every family farmer in the izona consists of about 7,000 acres. DeMint Lieberman Talent process. Using a farm in near Buckeye, AZ as DeWine Lincoln Thomas Dodd Lott Thune Ten percent of the farmers in the an example, this family farm is run by Dole Lugar Vitter United States get 72 percent of the ben- four brothers. Several children are Domenici Martinez Voinovich efit out of the farm program. That is managers of the operation, including Dorgan McConnell Warner unfair. The farm programs have always Durbin Mikulski Wyden performing marketing and financial been targeted toward medium- and services. About a third of the farm NAYS—16 small-sized farmers. So we put in a grows cotton, about a third grows feed Alexander Burr Landrieu hard cap of $250,000. Mr. President, grains, and the remaining third alfalfa. Allard Cornyn McCain $250,000 is all one farm entity can get The annual budget is $5 million, and Allen Craig Sessions Bennett Gregg Sununu from the farm program. We redis- the brothers draw an annual salary of Brownback Inhofe tribute that money so we do not have about $50,000 each when the farm gen- Bunning Kyl that 2.5-percent cut. We restore some erates sufficient income. This farm NOT VOTING—1 money for conservation and things of would be hit hard by the payment limi- Corzine that nature. tations in the Grassley-Dorgan amend- So I hope you will support our ment. Its operators would be forced to The amendment (No. 2362) was agreed amendment. The last time it was up, cut the amount of acres on which they to. we got 66 votes for it. grow cotton. In years when prices de- Mr. GREGG. I move to reconsider the Mr. KYL. Mr. President, reducing cline at harvest, their cash flow would vote. overall Federal spending on farm pro- be restricted and their ability to qual- Mr. LEVIN. I move to lay that mo- grams is important if we are to succeed ify for financing would be severely tion on the table. in reducing the Federal budget deficit. hampered. The motion to lay on the table was The current budget-reconciliation The Grassley-Dorgan amendment, in agreed to. package includes $39 billion in savings, equating large with bad, ultimately fa- The PRESIDING OFFICER. The Sen- including $3 billion from agriculture vors growers of corn, wheat, and soy- ator from New Hampshire. programs. To achieve these savings, beans at the expense of farmers of cot- Mr. GREGG. Mr. President, we now the Senate Agriculture Committee cuts ton, rice, and peanuts. To further illus- go to Senator GRASSLEY’s amendment. farm spending by implementing an- trate what I am talking about, let us Mr. CONRAD. Mr. President, will the across-the-board 2.5 percent reduction apply the limitations in the amend- Senator withhold for one moment? in payments for all farm commodities. ment: a farm that produces cotton or Mr. GRASSLEY. Yes. I wholeheartedly support these cuts in rice would, at today’s world prices and The PRESIDING OFFICER. The Sen- farm spending. average yields, hit the limit on pay- ator from North Dakota. However, I cannot support waiving ments at about 400 to 600 acres. This Mr. CONRAD. Mr. President, col- the Budget Act to consider the Grass- acreage is generally deemed to be too leagues, we now have a list of the num- ley Dorgan amendment to impose more small to sustain the investment in the ber of amendments that have been filed restrictive payment limits on farm specialized equipment necessary for and that are pending and that Senators commodities. This amendment is being cotton and rice production. In con- have noticed to us they intend to insist offered as a substitute to the cost sav- trast, a corn farmer with an expected to have a vote on. That is 25 in number. ings achieved by the fair, across-the- yield of 190 bushels per acre, would not That would take 8 hours. We have to board reductions currently in the pack- hit the limit on payments until just stop at 6 o’clock. There is no way we age. Substituting the Grassley-Dorgan over 3,100 acres. Clearly, very few corn would complete business today if every payment limits is eerily reminiscent of farmers will ever feel the effects of the one of our colleagues insists on a vote the flawed formula in the highway bill: Grassley-Dorgan amendment. on their amendment. Instead of all States bearing the bur- It has been further estimated that So I am asking on our side—I am den equally, the farm cuts would be the more restrictive eligibility rules asking, please—if you have an amend- achieved on the backs of Arizona farm- that are part of the amendment, com- ment filed that you really don’t need a ers and other farmers of capital inten- bined with the limits on direct pay- vote on or that you could possibly sive crops in the West and South. ments, would reduce direct payments work out, let’s work very hard in the The advocates of the Grassley-Dor- to Arizona growers by $24.6 million. next few hours to try to work it out. I gan amendment claim that reducing This represents a reduction of 62 per- would implore colleagues to not force a payment limits preserves the family cent, the highest of any State. Iowa vote on every amendment they have farm. What they meant to say is that it would see a loss of just 4 percent and filed. preserves family farms in North Da- North Dakota, 10 percent. I thank the Chair. kota, Iowa, and other Midwestern I am not going to argue that the The PRESIDING OFFICER. The Sen- States that grow certain commodities: farm law is off limits for the purpose of ator from New Hampshire. namely grains and oilseeds such as finding savings for the American tax- Mr. GREGG. Mr. President, I would corn, wheat, and soybeans. Family payer. However, I encourage my col- like to second the request of the Sen- farmers in Arizona farm cotton. It is a leagues to look closely at the ways we ator from North Dakota. I think it is a highly capital intensive crop, in fact, achieve that savings. It is simply not very appropriate statement. one of the two most expensive program fair to use a faulty perception of what

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.019 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12307 constitutes a family farm to favor one NAYS—53 we ought to be doing instead of piece- farming region of the country at the Akaka Crapo Lieberman meal doing it this way. I ask Members expense of another. Yet, that is exactly Alexander DeMint Lincoln to vote against the amendment. what the Grassley-Dorgan amendment Allen Dodd Lott Baucus Dole Martinez AMENDMENT NO. 2365, AS MODIFIED would do. Thus, I cannot support a mo- Bennett Domenici McCain Mr. BINGAMAN. Mr. President, I call tion to waive the Budget Act with re- Biden Feinstein McConnell up the modified version of the amend- Bond Frist spect to this amendment and must vote Murkowski ment, and I ask unanimous consent Boxer Graham Nelson (FL) against it. Bunning Gregg Pryor that that be the pending amendment. Burns Hutchison The PRESIDING OFFICER. The Sen- Roberts The PRESIDING OFFICER. Without Burr Inhofe ator from New Hampshire. Rockefeller Carper Inouye objection, the amendment is modified. Mr. GREGG. Mr. President, I yield to Chambliss Isakson Sessions The amendment, as modified, is as the Senator from Georgia. Coburn Jeffords Shelby follows: Cochran Kohl Stevens The PRESIDING OFFICER. The Sen- Coleman Kyl Talent On page 188, after line 24, add the fol- ator from Georgia is recognized for 1 Cornyn Landrieu Vitter lowing: minute. Craig Leahy Warner SEC. 6037. LIMITATION ON SEVERE REDUCTION Mr. CHAMBLISS. Mr. President, in NOT VOTING—1 IN THE MEDICAID FMAP FOR FISCAL YEAR 2006. 2002, this body, along with the House Corzine (a) LIMITATION ON REDUCTION.—In no case and along with the President, made a The PRESIDING OFFICER. On this shall the FMAP for a State for fiscal year commitment to farmers and ranchers vote, the yeas are 46, the nays are 53. 2006 be less than the greater of the following: all across America with the signing Three-fifths of the Senators duly cho- (1) 2005 FMAP DECREASED BY THE APPLICABLE and implementation of the 2002 farm sen and sworn not having voted in the PERCENTAGE POINTS.—The FMAP determined bill. This was an issue back then, in affirmative, the motion is rejected. for the State for fiscal year 2005, decreased by— 2002, in the farm bill. It will be an issue The point of order is sustained and the in the farm bill in 2007. (A) 0.1 percentage points in the case of amendment falls. Delaware and Michigan; Today, when our farmers are hit with AMENDMENT NO. 2365 (B) 0.3 percentage points in the case of high fuel prices, with low commodity The PRESIDING OFFICER. The Sen- Kentucky; and prices, and with disasters all across the ator from New Mexico. (C) 0.5 percentage points in the case of any country in different sections, this is Mr. BINGAMAN. Mr. President, this other State. not the time to say to our farmers, who amendment deals with the fact that (2) COMPUTATION WITHOUT RETROACTIVE AP- feed all of America, we are going to under current law, 31 of our States are PLICATION OF REBENCHMARKED PER CAPITA IN- change the program in midstream. This seeing significant cuts in Federal sup- COME.—The FMAP that would have been de- termined for the State for fiscal year 2006 if issue will be dealt with in the farm bill port for Medicaid because of a reduc- the per capita incomes for 2001 and 2002 that in 2007. tion in the percentage the Federal Gov- was used to determine the FMAP for the Mr. President, I raise a point of order ernment will pay, the FMAP, as we al- State for fiscal year 2005 were used. under section 305 of the Budget Act ways refer to it, the Federal matching (b) SCOPE OF APPLICATION.—The FMAP ap- that the pending amendment is not rate. Alaska is held harmless in the un- plicable to a State for fiscal year 2006 after germane to the measure now before the derlying bill. They will not suffer a the application of subsection (a) shall apply only for purposes of titles XIX and XXI of Senate. cut. My amendment would say that for the other 30 States, the cut should not the Social Security Act (including for pur- The PRESIDING OFFICER (Mr. poses of making disproportionate share hos- BUNNING). The Senator from Iowa. be more than five-tenths of 1 percent pital payments described in section 1923 of next year. The amendment is more Mr. GRASSLEY. Mr. President, pur- such Act (42 U.S.C. 1396r–4) and payments than offset. In fact, the offset is sup- suant to section 904(c) of the Congres- under such titles that are based on the en- ported strongly by Secretary Leavitt’s hanced FMAP described in section 2105(b) of sional Budget Act of 1974, I move to Medicaid Commission. It is supported such Act (42 U.S.C. 1397ee(b))) and shall not waive section 305 of the Budget Act for strongly by the National Governors As- apply with respect to payments under title the consideration of amendment No. sociation. It would save the States over IV of such Act (42 U.S.C. 601 et seq.). 2359, and I ask for the yeas and nays. $3 billion if this offset is agreed to as (c) DEFINITIONS.—In this section: (1) FMAP.—The term ‘‘FMAP’’ means the The PRESIDING OFFICER. Is there a part of this amendment. sufficient second? Federal medical assistance percentage, as I urge my colleagues to support the defined in section 1905(b) of the Social Secu- There is a sufficient second. amendment. This map shows the rity Act (42 U.S.C. 1396d(b)). The question is on agreeing to the States in red that would get a more (2) STATE.—The term ‘‘State’’ has the motion. The clerk will call the roll. fair share of Medicaid funds, if the meaning given such term for purposes of The legislative clerk called the roll. amendment passes. title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- ator from Iowa. (d) REPEAL.—Effective as of October 1, 2006, Senator from New Jersey (Mr. CORZINE) this section is repealed and shall not apply is necessarily absent. Mr. GRASSLEY. Mr. President, I ask Members to vote no on this amend- to any fiscal year after fiscal year 2006. The PRESIDING OFFICER (Mr. ment. There is an odd situation here. SEC. 6038. EXTENSION OF PRESCRIPTION DRUG REBATES TO ENROLLEES IN MED- GRAHAM). Are there any other Senators We have had a formula in the legisla- in the Chamber desiring to vote? ICAID MANAGED CARE ORGANIZA- tion for 40 years. That formula regu- TIONS. The yeas and nays resulted—yeas 46, larly has some States getting more re- (a) IN GENERAL.—Section 1927(j)(1) (42 nays 53, as follows: imbursement, some States getting less. U.S.C. 1396r–8(j)(1)) is amended by striking [Rollcall Vote No. 290 Leg.] Next year your State might go up. The ‘‘dispensed’’ and all that follows through the period and inserting ‘‘are not subject to the YEAS—46 next year it might go down. That is the way it has been working. All of a sud- requirements of this section if such drugs Allard Feingold Reid are— Bayh Grassley Salazar den, some States are receiving a reduc- ‘‘(A) dispensed by health maintenance or- Bingaman Hagel Santorum tion, and they want to keep it where it ganizations that contract under section Brownback Harkin Sarbanes is. I have never had a situation where, 1903(m); and Byrd Hatch Schumer Cantwell Johnson when the formula worked to the ben- ‘‘(B) subject to discounts under section Smith 340B of the Public Health Service Act (42 Chafee Kennedy Snowe efit of the State, their reimbursement Clinton Kerry Specter went up, that you come in here and ask U.S.C. 256b).’’. Collins Lautenberg Stabenow (b) EFFECTIVE DATE.—The amendment Conrad Levin for us to reduce the reimbursement. Sununu made by subsection (a) shall take effect on Dayton Lugar No, you accept the formula. If you Thomas the date of enactment of this Act and apply DeWine Mikulski want to change the formula, Senator Thune to rebate agreements entered into or re- Dorgan Murray BAUCUS and I have a good plan to Durbin Nelson (NE) Voinovich newed under section 1927 of the Social Secu- Ensign Obama Wyden change the formula. It would smooth rity Act (42 U.S.C. 1396r–8) on or after such Enzi Reed out the peaks and valleys. That is what date.

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.037 S03NOPT1 S12308 CONGRESSIONAL RECORD — SENATE November 3, 2005 SEC. 6039. EXTENSION OF THE MEDICARE PART A Mr. LOTT. Mr. President, I call up There appears to be a sufficient sec- AND B PAYMENT HOLIDAY. amendment No. 2360. ond. Section 6112(b)(1) of this Act is amended by The PRESIDING OFFICER. The The question is on agreeing to the striking ‘‘September 22, 2006’’ and inserting ‘‘September 21, 2006’’. amendment is pending. amendment. The clerk will call the Mr. LOTT. Mr. President, I will take roll. Mr. GREGG. Mr. President, I ask a couple minutes to discuss the amend- The legislative clerk called the roll. unanimous consent that the Byrd ment. First of all, my cosponsor on Mr. DURBIN. I announce that the amendment, which was to be the next this amendment is Senator LAUTEN- Senator from New Jersey (Mr. CORZINE) amendment, be moved to be after the BERG. is necessarily absent. Landrieu amendment. This is an amendment that adds pro- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without visions of S. 1516, the Passenger Rail any other Senators in the Chamber de- objection, it is so ordered. Investment and Improvement Act of siring to vote? Mr. GREGG. Mr. President, I ask for 2005. It was reported out of the Com- The result was announced—yeas 93, the yeas and nays. merce Committee in July and has been nays 6, as follows: The PRESIDING OFFICER. Is there a ready to be considered by the Senate, [Rollcall Vote No. 292 Leg.] sufficient second? but repeated efforts to have it brought There appears to be a sufficient sec- YEAS—93 up in the regular order were not ond. Akaka Dodd Lugar The question is on agreeing to the cleared. Alexander Dole Martinez We are running out of time. The ad- Allard Domenici McCain amendment. ministration has made it clear that Allen Dorgan McConnell The clerk will call the roll. Baucus Durbin Mikulski The bill clerk called the roll. without reform, they are not going to Bayh Enzi Murkowski Mr. DURBIN. I announce that the be supportive of future funds through Bennett Feingold Murray the appropriations process for Amtrak. Biden Feinstein Nelson (FL) Senator from New Jersey (Mr. CORZINE) Bingaman Frist Nelson (NE) is necessarily absent. This is genuine reform with a lot of Bond Graham Obama The PRESIDING OFFICER (Mr. MAR- input from management and labor, the Boxer Grassley Pryor TINEZ). Are there any other Senators in administration, and both sides of the Brownback Hagel Reed aisle. Bunning Harkin Reid the Chamber desiring to vote? Burns Hatch Roberts The result was announced—yeas 54, I believe this is the last chance for Burr Hutchison Rockefeller nays 45, as follows: the Senate to act on this important Byrd Inhofe Salazar [Rollcall Vote No. 291 Leg.] legislation, making it possible for us to Cantwell Inouye Santorum Carper Isakson Sarbanes YEAS—54 have it included in some legislation, Chafee Jeffords Schumer Akaka Dorgan Lincoln before we finish this year, to reform Chambliss Johnson Shelby Baucus Durbin Mikulski Amtrak. Clinton Kennedy Smith Bayh Feingold Murkowski Mr. GREGG. Mr. President, I yield 1 Coburn Kerry Snowe Biden Feinstein Murray minute to the Senator from New Cochran Kohl Specter Bingaman Harkin Nelson (FL) Coleman Kyl Stabenow Boxer Hutchison Nelson (NE) Hampshire. Collins Landrieu Stevens Byrd Inhofe Obama Mr. SUNUNU. Mr. President, I appre- Conrad Lautenberg Talent Cantwell Inouye Pryor ciate the work the Senator from Mis- Cornyn Leahy Thomas Carper Jeffords Reed sissippi and the Senator from New Jer- Craig Levin Thune Chafee Johnson Reid Crapo Lieberman Vitter Clinton Kennedy Rockefeller sey have done on this bill. Dayton Lincoln Warner Coburn Kerry Salazar It is absolutely true that this does DeWine Lott Wyden Collins Kohl Sarbanes represent some significant additional NAYS—6 Conrad Landrieu Schumer reforms for Amtrak. In discussions Cornyn Lautenberg Snowe DeMint Gregg Sununu Dayton Leahy Specter with Senator LOTT from Mississippi Ensign Sessions Voinovich Dodd Levin Stabenow and others, I do believe there is an op- NOT VOTING—1 Domenici Lieberman Wyden portunity to do a lot more. Unfortu- Corzine NAYS—45 nately, the House has not really under- The amendment (No. 2360) was agreed Alexander DeWine McCain taken any reform effort at all, and that Allard Dole McConnell is certainly one of the concerns that I to. Allen Ensign Roberts have, that this not be a dead-end proc- Mr. LOTT. Mr. President, I move to Bennett Enzi Santorum reconsider the vote. Bond Frist Sessions ess, that we do more in this bill to deal with long distance routes that lose $200 Mr. LAUTENBERG. I move to lay Brownback Graham Shelby that motion on the table. Bunning Grassley Smith or $300 per passenger on every single The motion to lay on the table was Burns Gregg Stevens car that rides on those long distance Burr Hagel Sununu agreed to. Chambliss Hatch Talent routes and labor constraints that the AMENDMENT NO. 2370 Cochran Isakson Thomas management of Amtrak has said they Coleman Kyl Thune want to have modified and adjusted so The PRESIDING OFFICER. There is Craig Lott Vitter 2 minutes now equally divided prior to Crapo Lugar Voinovich they can operate more effectively and more efficiently. These items are not a vote on the McCain amendment. DeMint Martinez Warner Who yields time? in this legislation, although it does NOT VOTING—1 The Senator from Arizona. represent a step forward. Mr. MCCAIN. Mr. President, this Corzine I look forward to continuing to work amendment does one very simple thing. The amendment (No. 2365), as modi- to improve the legislation, but I cer- It would move the DTV transition date fied, was agreed to. tainly cannot support its adoption on forward by 1 year, making the comple- Mr. BINGAMAN. Mr. President, I this reconciliation bill. move to reconsider the vote. The PRESIDING OFFICER. The Sen- tion date April 7, 2008. My colleagues Mr. GREGG. I move to lay that mo- ator’s time has expired. will be asked to believe the earlier date tion on the table. Mr. LOTT. Mr. President, I note that is not doable. Do not believe it. We The motion to lay on the table was Senator BURNS has also been active in have the ability. We have the tech- agreed to. this process. nology. It can be accomplished. It is AMENDMENT NO. 2360 I ask unanimous consent that other supported by every first responder or- The PRESIDING OFFICER. There is Senators’ names be allowed to be added ganization in America, every single 2 minutes equally divided on the Lott as cosponsors to the amendment. one. The National Governors Associa- amendment No. 2360. The PRESIDING OFFICER. Without tion: We support the amendment, based Mr. GREGG. Mr. President, the next objection, it is so ordered. upon certain clearing of channels. Peo- amendment is the Lott amendment, Mr. LOTT. Mr. President, I ask for ple’s lives are at stake. The only people the Amtrak amendment. the yeas and nays. who are against this amendment are The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a the National Association of Broad- ator from Mississippi. sufficient second? casters. We will see if they win again.

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.021 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12309 The PRESIDING OFFICER. Who Mr. GREGG. Mr. President, I move to introduced a strategy for transitioning yields time? reconsider the vote. dual eligibles from Medicaid to Medi- The Senator from Alaska. Mr. CONRAD. I move to lay that mo- care which lays out in great detail the Mr. STEVENS. Mr. President, this tion on the table. steps CMS will take to ensure the con- amendment would close off the analog The motion to lay on the table was tinuity of coverage of this valuable broadcasting too close to the auction agreed to. group of beneficiaries. Therefore, the of spectrum. We currently have an Mr. GREGG. Mr. President, I want to leadership of the Finance Committee April 2009 date. The auction date is point out for the edification of our col- strongly opposes this amendment. January of 2009. It is just too close to- leagues that we still have a lot of I make a point of order that the gether. The leases cannot be processed. amendments to go. The estimate is in pending amendment is not germane to There is no way those auction proceeds the high teens or potentially low the measure now before the Senate, can be available until licenses are twenties. At the pace we are going, we and I raise a point of order under sec- issued. This amendment would end are not going to get them all done tion 305 of the Budget Act. analog broadcasts before the funds are today, and we are going to be here on Mrs. MURRAY. Mr. President, pursu- available for the converter box fund or Friday. ant to section 904 of the Congressional the translator conversion fund author- I ask, Mr. President, if we can be ad- Budget Act, I move to waive the appli- ized by S. 1932. We need help in this vised as to how long the last three cable sections of that act for purposes transition. The amendment makes votes have taken. If we could hear from of the pending amendment, and I ask spectrum available to public safety the clerks, approximately how long? for the yeas and nays. groups before they can put it to use be- We do not have to be precise. The PRESIDING OFFICER. Is there a How long have the votes taken? cause we are informed public safety sufficient second? The PRESIDING OFFICER. An hour groups must have at least 3 years to There is a sufficient second. 6 minutes for three votes. The question is on agreeing to the prepare for the use of spectrum. Mr. GREGG. At this pace, we are motion. We are going to get them the spec- here Friday. trum. They will not be able to use it I hope Members will think about The clerk will call the roll. The assistant Journal clerk called until we have the money to bring about their amendments, if they have some the roll. the transition. I believe our whole com- they are still talking about, and give Mr. DURBIN. I announce that the mittee should oppose this amendment. serious consideration to allowing a Senator from New Jersey (Mr. CORZINE) The PRESIDING OFFICER. The Sen- voice vote or allowing it to be worked is necessarily absent. ator’s time has expired. out. The yeas and nays were previously The PRESIDING OFFICER. Are there AMENDMENT NO. 2368, WITHDRAWN ordered on the amendment. any other Senators in the Chamber de- The question is on agreeing to the I ask unanimous consent that the siring to vote? amendment. Corzine amendment, No. 2368, be with- The yeas and nays resulted—yeas 43, The clerk will call the roll. drawn. nays 56, as follows: The PRESIDING OFFICER. Is there The bill clerk called the roll. [Rollcall Vote No. 294 Leg.] objection? Without objection, it is so Mr. DURBIN. I announce that the YEAS—43 ordered. Senator from New Jersey (Mr. CORZINE) Akaka Feingold Mikulski AMENDMENT NO. 2372 is necessarily absent. Baucus Feinstein Murray The PRESIDING OFFICER. Are there Mr. GREGG. Mr. President, we are Bayh Harkin Nelson (FL) any other Senators in the Chamber de- now on to Senator MURRAY’s amend- Biden Inouye Obama siring to vote? ment. Bingaman Jeffords Pryor Boxer Johnson Reed The result was announced—yeas 30, Mrs. MURRAY. Mr. President, I ask Byrd Kennedy unanimous consent that Senator Reid nays 69, as follows: Cantwell Kerry Rockefeller Carper Kohl [Rollcall Vote No. 293 Leg.] CORZINE be added as a cosponsor. Salazar Clinton Landrieu The PRESIDING OFFICER. Without Sarbanes YEAS—30 Conrad Lautenberg Schumer objection, it is so ordered. Dayton Leahy Bayh Feingold Lieberman Mrs. MURRAY. Mr. President, in a Stabenow Biden Feinstein Dodd Levin McCain Wyden Boxer Graham Mikulski few short weeks some of our most vul- Dorgan Lieberman Carper Harkin Nelson (FL) nerable Americans, our sickest and Durbin Lincoln Clinton Jeffords Rockefeller poorest, so-called dual eligibles, are NAYS—56 Coburn Kennedy Salazar Collins Kerry Schumer going to be shifted from Medicaid to Alexander DeWine McConnell DeWine Kyl Stabenow Medicare. We have a train wreck com- Allard Dole Murkowski Dodd Lautenberg Sununu ing. Medicare is going to randomly as- Allen Domenici Nelson (NE) Bennett Ensign Ensign Levin Warner sign these people to a plan which they Roberts Bond Enzi Santorum NAYS—69 may not know about and which might Brownback Frist Sessions Akaka DeMint McConnell not cover their lifesaving drugs. Doc- Bunning Graham Shelby Alexander Dole Murkowski Burns Grassley Smith tors, hospitals, and pharmacists are Burr Gregg Allard Domenici Murray Snowe scrambling. These prescription drug Chafee Hagel Allen Dorgan Nelson (NE) Specter Chambliss Hatch Baucus Durbin Obama policies themselves have not defined Stevens Coburn Hutchison Bennett Enzi Pryor the drugs they are going to cover. My Sununu Bingaman Frist Reed Cochran Inhofe amendment simply gives a 6-month Talent Bond Grassley Reid Coleman Isakson Thomas Brownback Gregg Roberts transition for those people so they do Collins Kyl Thune Bunning Hagel Santorum not get lost in this switch. I support Cornyn Lott Vitter Burns Hatch Sarbanes Medicare coverage for these dual eligi- Craig Lugar Burr Hutchison Sessions Crapo Martinez Voinovich Byrd Inhofe Shelby bles, but I cannot—and I don’t think we DeMint McCain Warner Cantwell Inouye Smith should—support turning these people NOT VOTING—1 Chafee Isakson Snowe away at the drugstore. Chambliss Johnson Specter This amendment does not delay the Corzine Cochran Kohl Stevens The PRESIDING OFFICER (Mr. AL- Coleman Landrieu Talent implementation of the Medicare drug Conrad Leahy Thomas benefit. It simply assures thousands of EXANDER). On this question, the yeas Cornyn Lincoln Thune our most vulnerable Americans that are 43, the nays are 56. Three-fifths of Craig Lott Vitter they will not be lost in the transition the Senators duly chosen and sworn Crapo Lugar Voinovich Dayton Martinez Wyden from Medicaid to Medicare coverage. not having voted in the affirmative, I thank Senator ROCKEFELLER and the motion is rejected. The point of NOT VOTING—1 my cosponsors, and I urge adoption of order is sustained. The amendment Corzine this amendment. falls. The amendment (No. 2370) was re- Mr. GREGG. Mr. President, CMS has Mr. GREGG. I move to reconsider the jected. a plan in place, and 6 months ago CMS vote.

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.045 S03NOPT1 S12310 CONGRESSIONAL RECORD — SENATE November 3, 2005 Mr. SANTORUM. I move to lay that the first $1 billion over that amount support of Republican and Democrat motion on the table. would go to deficit reduction, the next Senators. I urge agreement of the The motion to lay on the table was $500 million would go to interoper- amendment. agreed to. ability, the next $1.2 billion, in that The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2366 WITHDRAWN order, goes to a coastal program under ator from Pennsylvania. The PRESIDING OFFICER. The Commerce jurisdiction, and the re- Mr. SPECTER. Mr. President, I am pending question is the Landrieu mainder, if at all, would go to deficit opposed to this amendment because the amendment numbered 2366. reduction. This could, in fact, enhance fees for L visas would raise funds but Mr. GREGG. I yield to the Senator deficit reduction. would do nothing to fill very important from Louisiana for the purpose of send- Of course, it is very important to jobs in the United States. The existing ing a modification to the desk. coastal States, including Louisiana, to plan submitted by the Judiciary Com- Mr. VITTER. Mr. President, with beef up the coastline and to protect us mittee imposes a fee, but it extends the Senator LANDRIEU’s consent, I request in the future from major storms like H–1B visa and recaptures the visas the Landrieu amendment be with- Hurricane Katrina. which were not used in the last 5 years. drawn, and we call up the Stevens- I yield the remaining time to Senator There are very careful safeguards so Vitter-Landrieu-Domenici amendment. LANDRIEU. that U.S. jobs are not lost. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without I understand the position of the dis- objection, it is so ordered. ator from Louisiana. Ms. LANDRIEU. Mr. President, I tinguished Senator from West Virginia, AMENDMENT NO. 2412 the position of the unions, but I believe The PRESIDING OFFICER. The thank my colleague from Louisiana and particularly thank the leadership their concerns are misplaced and that clerk will report the amendment. there is a real need for these positions of Senator STEVENS and Senator The assistant legislative clerk read of highly skilled professionals, Ph.D.s, DOMENICI and so many who have joined as follows: advanced degrees. Therefore, with due The Senator from Louisiana [Mr. VITTER], the effort. It has been a great effort. We thank our colleagues. respect to my colleague from West Vir- for Mr. STEVENS, for himself, Mr. VITTER, ginia, I ask for a ‘‘no’’ vote. Ms. LANDRIEU, and Mr. DOMENICI, proposes an Mr. GREGG. Mr. President, I ask for amendment numbered 2412. a voice vote. The PRESIDING OFFICER. All time has expired. The question is on agree- Mr. GREGG. Mr. President, I ask The PRESIDING OFFICER. The ing to the amendment. unanimous consent that the reading of question is on agreeing to the amend- the amendment be dispensed with. ment. Mr. BYRD. I ask for the yeas and The PRESIDING OFFICER. Without The amendment (No. 2412) was agreed nays. objection, it is so ordered. to. The PRESIDING OFFICER. Is there a The amendment is as follows: Mr. CONRAD. Mr. President, just to sufficient second? (Purpose: To modify the distribution of ex- update our colleagues, we now have 19 There is a sufficient second. cess proceeds from the auction authorized amendments still pending. On our cur- The yeas and nays were ordered. rent course, that is going to take at by section 309(j)(15)(C)(v) of the Commu- The clerk will call the roll. nications Act of 1934) least 61⁄2 hours. That would take us to The assistant legislative clerk called On page 95, strike lines 13 through 21, and 8:30. I ask colleagues, please, if you can insert the following: withhold on your amendment, do so. If the roll. (f) USE OF EXCESS PROCEEDS.—Any pro- you have a chance to work out the Mr. DURBIN. I announce that the ceeds of the auction authorized by section amendment, please work hard and dili- Senator from New Jersey (Mr. CORZINE) 309(j)(15)(C)(v) of the Communications Act of gently to work it out. I urge col- is necessarily absent. 1934, as added by section 3003 of this Act, leagues, we have a drop-dead time at 6 The PRESIDING OFFICER. Are there that exceed the sum of the payments made any other Senators in the Chamber de- from the Fund under subsection (c), the o’clock tonight. We cannot go beyond transfer from the Fund under subsection (d), that with business. We have less than 4 siring to vote? and any amount made available under sec- hours to go through 19 amendments. The result was announced—yeas 14, tion 3006 (referred to in this subsection as The only way this is going to happen is nays 85, as follows: ‘‘excess proceeds’’), shall be distributed as if colleagues will give up on some of [Rollcall Vote No. 295 Leg.] follows: their amendments. Otherwise, we are YEAS—14 (1) The first $1,000,000,000 of excess proceeds here tomorrow. Once we are here to- shall be transferred to and deposited in the morrow, we all know what happens: we Akaka Durbin Rockefeller general fund of the Treasury as miscella- Byrd Feingold Sessions neous receipts. will be here a long time tomorrow. Dayton Inhofe Stabenow (2) After the transfer under paragraph (1), AMENDMENT NO. 2367 Dodd Jeffords Vitter Dorgan Landrieu the next $500,000,000 of excess proceeds shall The PRESIDING OFFICER. The Sen- be transferred to the interoperability fund ator from West Virginia is recognized. NAYS—85 described in subsection (c)(3). Mr. BYRD. Mr. President, the rec- Alexander Dole McConnell (3) After the transfers under paragraphs (1) onciliation bill would increase immi- Allard Domenici Mikulski and (2), the next $1,200,000,000 of exceess pro- grant work visas by 350,000 per year, Allen Ensign Murkowski ceeds shall be transfered to the assistance Baucus Enzi about one-third of the current level. It Murray program described in subsection (c)(5). Bayh Feinstein Nelson (FL) (4) After the transfers under paragraphs (1) is a massive and destabilizing increase Bennett Frist Nelson (NE) through (3), any remaining excess proceeds that does not belong on the reconcili- Biden Graham Obama Bingaman Grassley Pryor shall be transferred to and deposited in the ation bill. Bond Gregg Reed general fund of the Treasury as miscella- My amendment would strike the in- Boxer Hagel Reid neous receipts. crease in immigrant work visas and Brownback Harkin Roberts The PRESIDING OFFICER. There is impose a $1,500 immigrant application Bunning Hatch Burns Hutchison Salazar 2 minutes of debate evenly divided. fee on multinational corporations. Burr Inouye Santorum Mr. VITTER. Mr. President, I present With my amendment, the Judiciary Cantwell Isakson Sarbanes this on behalf of Mr. STEVENS, the Committee would exceed its reconcili- Carper Johnson Schumer main author, as well as myself, Ms. ation savings targets and do so without Chafee Kennedy Shelby Chambliss Kerry Smith LANDRIEU, Mr. DOMENICI, Mr. BINGA- increasing immigrant work visas. We Clinton Kohl Snowe MAN, Mr. LOTT, Mr. INOUYE, Mr. CRAIG, authorized over half a million H–1B Coburn Kyl Specter and others. This will not change our visas in 2000. Last year, we authorized Cochran Lautenberg Stevens budget numbers or our goal of deficit another $100,000 over 5 years. Do we Coleman Leahy Sununu Collins Levin Talent reduction in any way. In fact, it could really need another 150,000 visas on top Conrad Lieberman Thomas enhance it. of that? When is enough enough? Cornyn Lincoln Thune This amendment says if and when— My amendment has the support of Craig Lott Voinovich Crapo Lugar Warner and only if and when—the spectrum the unions. It has the support of immi- DeMint Martinez Wyden auction produces more than is forecast, grant enforcement groups. It has the DeWine McCain

VerDate Aug 31 2005 02:02 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.050 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12311 NOT VOTING—1 agree with the House 40-percent cut in for every Government dollar spent, Corzine this program and we won’t hold up to it $4.38 is recovered for families in child The amendment (No. 2367) was re- when it goes to the conference. It is a support payments. With good reason. jected. sense-of-the-Senate resolution. Reforms over the last decade have Mr. GREGG. I move to reconsider the The bill approved by Ways and Means made this program even more effective. vote. would slash funding for child support Since 1996, there has been an 82-percent Mr. CONRAD. I move to lay that mo- enforcement efforts by 40 percent over increase in collections, from $12 billion tion on the table. the next 10 years. The Congressional to $22 billion. The motion to lay on the table was Budget Office estimates that, as a re- Child Support Enforcement is essen- agreed to. sult of these cuts, more than $24 billion tial to helping families to achieve self- Mr. GREGG. Mr. President, the next in delinquent payments will go uncol- sufficiency. For families in poverty item is the Harkin amendment, a sense lected. And the biggest negative im- who receive child support, those pay- of the Senate. I ask unanimous consent pacts will be felt by children living in ments account for an average of 30 per- that we have 2 minutes equally divided poverty and children in low-income cent of their income. Next to a moth- on this amendment. households. er’s earnings, child support is the larg- The PRESIDING OFFICER. Without And let’s be clear: Why is the House est income source for poor families re- objection, it is so ordered. doing this? Why is it cutting this es- ceiving assistance. Child support pay- Mr. GREGG. For the information of sential program that benefits some of ments are used to pay for food, child the Senate, we are now off of the origi- the most vulnerable, disadvantaged, care, shelter, and the most basic essen- nal list, having completed that. So we neglected children in our society? They tials of life. are into a period where, between my- are doing this in order to make room If we were smart, if we were compas- self and the Senator from North Da- for another $70 billion in tax cuts—tax sionate, if we were looking at ways to kota, we have organized a series of cuts overwhelmingly benefiting our get maximum bang for the buck, we amendments to come forward. These wealthiest citizens. would be increasing funding for this es- will continue to be 10-minute votes, Indeed, that is what this entire rec- sential program. But the action of the and they are going to be hard 10 min- onciliation process is all about. For 25 other body, slashing Child Support En- utes. That means that at the end of 10 years, the budget reconciliation proc- forcement by 40 percent to make way minutes, I am going to ask the vote to ess was used to reduce the deficit. But, for more tax cuts, is just unconscion- be closed. Secondly, I ask unanimous today, the majority party has a dif- able. It is bad public policy, bad values, consent that for all amendments which ferent idea. They are using reconcili- and bad priorities. are brought forward from here on, ation to increase the deficit. They are A strong bipartisan vote for this res- there be 2 minutes equally divided be- cutting child support enforcement, olution will send a strong message to tween the proponent and the opponent. food assistance for the poor, foster care the House conferees that this cut is un- The PRESIDING OFFICER. Without benefits, Medicaid, and other programs acceptable to the Senate and that this objection, it is so ordered. for the most disadvantaged Americans. body will not accept a slash-and-burn The Senator from North Dakota. At the same time they are ramming attack on a program that lifts more Mr. CONRAD. Mr. President, let us through another $70 billion in tax cuts than 1 million people out of poverty repeat the message loud and clear: for the most privileged. every year. I urge my colleagues to These next three votes are going to be There is no other word for it: This is support this resolution. strict 10-minute votes. At the end of 10 simply immoral. Last year, more than The PRESIDING OFFICER. The minutes, the manager and I are going 17 million children received financial clerk will report the amendment. to call the vote. That is the only pos- support through the Child Enforcement The assistant legislative clerk read sible, conceivable way we can get done System, including nearly two-thirds of as follows: today. all children in single-parent households The Senator from Iowa [Mr. HARKIN], for Mr. GREGG. Of course, we may actu- with incomes below twice the poverty himself, Mr. KOHL, Mr. OBAMA, and Mr. ally get a voice vote in here, hopefully. line. BAYH, proposes an amendment numbered The PRESIDING OFFICER. The Sen- Child support helped to lift more 2363. ator from Iowa is recognized. than 1 million Americans out of pov- The amendment is as follows: AMENDMENT NO. 2363 erty in 2002. As a result of cuts passed At the appropriate place, insert the fol- (Purpose: To affirm that the Federal funding by the House, many of those people— lowing: levels for the rate of reimbursement of mostly children—would be plunged SEC. ll. SENSE OF THE SENATE. child support administrative expenses back into poverty. Not only is this (a) FINDINGS.—The Senate makes the fol- should not be reduced below the levels pro- cruel, it is also counterproductive. It is lowing findings: vided under current law, that States penny wise and pound foolish, because (1) On October 26, 2005, the Committee on should continue to be permitted to use those families that are shoved into Ways and Means of the United States House Federal child support incentive payments of Representatives approved a budget rec- for child support program expenditures poverty by the House’s action will end up on food stamps, Medicaid, Tem- onciliation package that would significantly that are eligible for Federal matching pay- reduce the Federal Government’s funding ments, and to express the sense of the Sen- porary Assistance for Needy Families, used to pay for the child support program es- ate that it does not support additional fees and other forms of public assistance. tablished under part D of title IV of the So- for successful child support collection) This chart shows the State-by-State cial Security Act (42 U.S.C. 651 et seq.) and Mr. HARKIN. Mr. President, my impact of the cut in child support col- would restrict the ability of States to use amendment is a sense-of-the-Senate lection. In my State of Iowa, alone, Federal child support incentive payments for resolution that the Senate go on record children would lose some $239 million child support program expenditures that are opposing the House’s $9 billion cut to over the next 10 years. This is a proven eligible for Federal matching payments. child support enforcement programs. It program, an effective program. It re- (2) The child support program enforces the is not reasonable to cut a program that responsibility of non-custodial parents to duces poverty. It gets resources to chil- support their children. The program is joint- last year served 17,300,000 children. dren who desperately need them. It is ly funded by Federal, State and local govern- This is money that goes out to States cost effective. Research has shown that ments. for child support enforcement to go the decline in families relying on (3) The Office of Management and Budget after deadbeat dads to get them to pay TANF in recent years is directly linked gave the child support program a 90 percent the money for child support. As a mat- to improvements in the Child Support rating under the Program Assessment Rat- ter of fact, this is one of the best Enforcement Program. For all these ing Tool (PART), making it the highest per- things that has happened out of welfare reasons, this program has enjoyed forming social services program. reform. For every $1 we spend, we are (4) The President’s 2006 budget cites the broad bipartisan support. child support program as ‘‘one of the highest getting back $4.38, not to the Govern- In the past, President Bush himself rated block/formula grants of all reviewed ment but to the families and the kids has praised this program, calling it one programs government-wide. This high rating who need it. This is just a sense-of-the- of our highest performing social serv- is due to its strong mission, effective man- Senate resolution that says we do not ices programs. And he is right because agement, and demonstration of measurable

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.028 S03NOPT1 S12312 CONGRESSIONAL RECORD — SENATE November 3, 2005 progress toward meeting annual and long responsibility of noncustodial parents on debate for reconciliation bills that term performance measures.’’ to support their children. For every increase the deficit. The Congress will (5) In 2004, the child support program spent public dollar that is spent on collec- never succeed in balancing the budget, $5,300,000,000 to collect $21,900,000,000 in sup- tion, more than $4 is collected to sup- cutting the deficit, as long as the rec- port payments. Public investment in the child support program provides more than a port children. That is a good return on onciliation process can be used to four-fold return, collecting $4.38 in child sup- our investment in families. Moreover, shield controversial tax-and-spending port for every Federal and State dollar that these families are then less likely to decisions from debate and amendment. the program spends. require public assistance and more If Senators want to ensure offsets for (6) In 2004, 17,300,000 children, or 60 percent likely to avoid or escape poverty. This deficit-increasing measures, then we of all children living apart from a parent, re- is a program that works. must protect our rights to debate and ceived child support services through the The evidence is compelling. For ex- amend within the budget process. The program. The percentage is higher for poor ample, in 2004, enforcement efforts children—84 percent of poor children living more tax cuts that can be forced helped collect almost $22 billion in through now without offsets, the apart from their parent receive child support child support. Our aggressive State and services through the program. Families as- tougher the budget decisions and the sisted by the child support program gen- Federal efforts have translated into $1 worse the pain in the coming months erally have low or moderate incomes. billion in collected child support pay- and years. The budget cuts that seem (7) Children who receive child support from ments in Illinois alone this year. That tough now will grow enormous, and their parents do better in school than those means 386,000 Illinois families will be they will be unbearable, if tax cuts that do not receive support payments. Older better equipped to provide for their continue without offsets. I urge adop- children with child support payments are children. tion of the amendment. more likely to finish high school and attend Preliminary budget estimates sug- college. gest the cuts proposed by the Ways and I ask unanimous consent that Sen- (8) The child support program directly de- Means Committee will translate into ator HARKIN be added as a cosponsor. creases the costs of other public assistance $7.9 billion in lost collections within 5 The PRESIDING OFFICER. Without programs by increasing family self-suffi- years, increasing to a loss of over $24 objection, it is so ordered. ciency. The more effective the child support program in a State, the higher the savings in billion within 10 years. This proposal is Mr. BYRD. I send the amendment to public assistance costs. not even pennywise, and it is certainly the desk. (9) Child support helps lift more than pound foolish. Today, the State of Illi- The PRESIDING OFFICER. The 1,000,000 Americans out of poverty each year. nois reports a 32 percent child support clerk will report. (10) Families that are former recipients of collection rate. Let’s not take a step The assistant legislative clerk read assistance under the temporary assistance backwards in the progress that has as follows: for needy families program (TANF) have been made by stripping the States of seen the greatest increase in child support necessary Federal support. Moreover, The Senator from West Virginia [Mr. payments. Collections for these families in- BYRD], for himself and Mr. HARKIN, proposes the welfare of too many is at stake. an amendment numbered 2414. creased 94 percent between 1999 and 2004, Child support is the second largest in- even though the number of former TANF Mr. BYRD. Mr. President, I ask unan- families did not increase during this period. come source for qualifying low-income families. We cannot balance our budget imous consent that reading of the (11) Families that receive child support are amendment be dispensed with. more likely to find and hold jobs, and less on the backs of families who rely on likely to be poor than comparable families child support to remain out of poverty. The PRESIDING OFFICER. Without without child support. This Congress claims that strength- objection, it is so ordered. (12) The child support program saved costs ening the family is a priority. Senator The amendment is as follows: in the TANF, Medicaid, Food Stamps, Sup- HARKIN’s amendment is a firm expres- At the appropriate place, insert the fol- plemental Security Income, and subsidized sion that we are serious about this lowing: housing programs. worthwhile investment. (13) The Congressional Budget Office esti- I urge my colleagues to support this SEC. ll. SUSPENSION OF DEBATE LIMITATION mates that the funding cuts proposed by the ON RECONCILIATION LEGISLATION amendment. THAT CAUSES A DEFICIT OR IN- Committee on Ways and Means of the House Mr. GREGG. Mr. President, the Sen- CREASES THE DEFICIT. of Representatives would reduce child sup- ator from Iowa has been kind enough (a) IN GENERAL.—For purposes of consider- port collections by nearly $7,900,000,000 in the to represent that he will accept a voice next 5 years and $24,100,000,000 in the next 10 ation in the Senate of any reconciliation bill years. vote on this. I move that we proceed to or resolution, or amendments thereto or de- batable motions and appeals in connection (14) That National Governor’s Association a voice vote. therewith, under section 310(e) of the Con- has stated that such cuts are unduly burden- The PRESIDING OFFICER. The gressional Budget Act of 1974, section 305(b) some and will force States to reevaluate sev- question is on agreeing to amendment (1), (2), and (5), section 305(c), and the limita- eral services that make the child support No. 2363. tion on debate in section 310(e)(2) of that program so effective. The amendment (No. 2363) was agreed Act, shall not apply to any reconciliation (15) The Federal Government has a moral to. bill or resolution, amendment thereto, or responsibility to ensure that parents who do Mr. GREGG. Mr. President, I move to motion thereon that includes reductions in not live with their children meet their finan- reconsider the vote. Mr. CONRAD. I move to lay that mo- revenue or increases in spending that would cial support obligations for those children. cause an on-budget deficit to occur or in- (b) SENSE OF THE SENATE.—It is the sense tion on the table. of the Senate that the Senate will not accept crease the deficit for any fiscal year covered The motion to lay on the table was by such bill or resolution. any reduction in funding for the child sup- agreed to. port program established under part D of Mr. GREGG. Mr. President, the next (b) GERMANENESS REQUIRED.—Notwith- title IV of the Social Security Act (42 U.S.C. standing subsection (a), no amendment that 651 et seq.), or any restrictions on the ability item of business will be Senator BYRD’s is not germane to the provisions of such rec- of States to use Federal child support incen- amendment. onciliation bill or resolution shall be re- tive payments for child support program ex- The PRESIDING OFFICER. The Sen- ceived. ator from North Dakota. penditures that are eligible for Federal The PRESIDING OFFICER. The Sen- matching payments, during this Congress. Mr. CONRAD. Mr. President, the ator from New Hampshire. Mr. OBAMA. Mr. President, I rise Senator from Iowa set a very good ex- today to speak in favor of the Harkin ample. We encourage other Senators to Mr. GREGG. Mr. President, the prac- amendment, which expresses the sense follow that example. tical effect of this amendment would of the Senate that this body will not The PRESIDING OFFICER. The Sen- be to essentially vitiate the reconcili- accept the cuts to the child support ator from West Virginia is recognized. ation process. It would mean we would program that have been proposed by AMENDMENT NO. 2414 end up with an event that could be fili- the Committee on Ways and Means in (Purpose: To provide for the suspension of bustered. The whole purpose of rec- the House of Representatives. I am the debate limitation on reconciliation onciliation is to have a time limit and proud to be a cosponsor of this amend- legislation that causes a deficit or in- to get to a vote. Therefore, this amend- ment. creases the deficit) ment would undermine completely the The child support program is an ef- Mr. BYRD. Mr. President, my amend- concept of reconciliation which, as is fective and efficient way to enforce the ment will suspend the time limitations hopefully going to be proven by this

VerDate Aug 31 2005 03:55 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.033 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12313 bill and others, is a very constructive Mr. GREGG. I move to reconsider The assistant legislative clerk called way to get legislation through this in- and I move to lay that motion on the the roll. stitution and move forward with the table. Mr. DURBIN. I announce that the business of the people. The motion to lay on the table was Senator from New Jersey (Mr. CORZINE) Therefore, I make a point of order agreed to. is necessarily absent. that the pending amendment contains AMENDMENT NO. 2391 The PRESIDING OFFICER (Mr. matter within the jurisdiction of the Mr. GREGG. The next amendment is COLEMAN). Are there any other Sen- Committee on the Budget, and I raise a Senator LAUTENBERG’s. ators in the Chamber desiring to vote? point of order against the amendment The PRESIDING OFFICER. The Sen- The yeas and nays resulted—yeas 43, under section 306 of the Budget Act. ator from New Jersey is recognized. nays 56, as follows: Mr. BYRD. Mr. President, I move to Mr. LAUTENBERG. I have offered an [Rollcall Vote No. 297 Leg.] waive the act in connection with this amendment to ensure that people un- YEAS—43 amendment. derstand what they are signing up for Akaka Feingold Murray Mr. GREGG. I ask for the yeas and when the new Medicare drug benefit Baucus Feinstein Nelson (FL) nays. comes to life and that is beginning in Bayh Harkin Nelson (NE) The PRESIDING OFFICER. Is there a Biden Inouye Obama 2006. There is such a mix of things that Bingaman Johnson sufficient second? Pryor the recipient beneficiaries, I am sure, Boxer Kennedy Reed There appears to be. will be very confused as to what the Byrd Kerry Reid The yeas and nays were ordered. Cantwell Kohl Rockefeller cost is going to be on the gap of cov- Carper Landrieu Mr. GREGG. Mr. President, I ask Salazar erage, whether they have to pay it all Clinton Lautenberg Sarbanes unanimous consent that votes on this Conrad Leahy out of their pockets. I want to make Schumer and all further amendments be 10 min- sure they understand what it is they Dayton Levin Dodd Lieberman Stabenow utes. are applying for and the pitfalls or the Wyden The PRESIDING OFFICER. Without Dorgan Lincoln advantages thereof. Durbin Mikulski objection, it is so ordered. This is very simple. We ask them to NAYS—56 The question is on agreeing to the sign a note when they apply for the Alexander DeWine McCain motion. plan so that they are saying they are The clerk will call the roll. Allard Dole McConnell fully aware of the consequences of Allen Domenici Murkowski The assistant Journal clerk called their signature. This should be passed, Bennett Ensign Roberts the roll. Bond Enzi Mr. President, because it helps the sen- Santorum Mr. DURBIN. I announce that the Brownback Frist Sessions ior citizens understand what it is they Bunning Graham Senator from New Jersey (Mr. CORZINE) Shelby are getting into. Burns Grassley Smith is necessarily absent. Burr Gregg The PRESIDING OFFICER. The Sen- Snowe Chafee Hagel The PRESIDING OFFICER. Are there Specter ator from New Hampshire. Chambliss Hatch any other Senators in the Chamber de- Stevens Mr. GREGG. Mr. President, I am sure Coburn Hutchison siring to vote? Sununu this amendment is well-intentioned, as Cochran Inhofe The yeas and nays resulted—yeas 44, Talent are all amendments from the Senator Coleman Isakson nays 55, as follows: Collins Jeffords Thomas from New Jersey, but essentially it cre- Thune [Rollcall Vote No. 296 Leg.] Cornyn Kyl ates an unnecessary level of paperwork Craig Lott Vitter YEAS—44 for the enrollee in the plan, and in ad- Crapo Lugar Voinovich DeMint Martinez Warner Akaka Feingold Mikulski dition, as a practical matter, it enters Baucus Feinstein Murray NOT VOTING—1 Bayh Harkin Nelson (FL) into a portion of the Medicare trust Biden Inouye Nelson (NE) fund which we have not addressed in Corzine Bingaman Jeffords Obama this reconciliation bill, which is the The PRESIDING OFFICER. On this Boxer Johnson Pryor Part D section of the trust fund, that Byrd Kennedy vote, the yeas are 43, the nays are 56. Reed being the new drug program the theory Cantwell Kerry Reid Three-fifths of the Senators duly cho- Carper Kohl Rockefeller being that program should be allowed sen and sworn not having voted in the Clinton Landrieu Salazar to get rolling before it gets amended. Conrad Lautenberg affirmative, the motion is rejected. Sarbanes Dayton Leahy There are a number of regulations The point of order is sustained, and the Dodd Levin Schumer coming out from CMS relative to mak- amendment falls. Dorgan Lieberman Stabenow ing sure the beneficiaries are ade- Wyden Mr. GREGG. Mr. President, I move to Durbin Lincoln quately protected under their plan, and reconsider the vote. NAYS—55 I believe they pick up the issues that Mr. BENNETT. I move to lay that Alexander DeWine McConnell are raised by the Senator from New motion on the table. The motion to lay Allard Dole Murkowski Jersey. on the table was agreed to. Allen Domenici Roberts That being said, I make a point of Bennett Ensign Mr. GREGG. I ask unanimous con- Santorum order that the pending amendment is Bond Enzi Sessions sent that 10 minutes be given to the Brownback Frist Shelby not germane to the measure now before Senators from Hawaii, to be divided as Bunning Graham Smith the Senate, and I raise that point of they deem appropriate. Burns Grassley Snowe Burr Gregg order under section 305 of the Budget The PRESIDING OFFICER. Without Specter Chafee Hagel Act. objection, it is so ordered. Stevens Chambliss Hatch Sununu Mr. LAUTENBERG. Mr. President, The Senator from Hawaii. Coburn Hutchison pursuant to the relevant sections of (The remarks of Mr. INOUYE, Mr. Cochran Inhofe Talent Coleman Isakson Thomas the Congressional Budget Act of 1974, I AKAKA and Mr. BYRD are printed in to- Collins Kyl Thune move to waive those sections for con- day’s RECORD under ‘‘Morning Busi- Cornyn Lott Vitter sideration of the pending amendment. ness.’’) Craig Lugar Voinovich Mr. GREGG. Mr. President, I ask for The PRESIDING OFFICER. What is Crapo Martinez Warner DeMint McCain the yeas and nays. the will of the Senate? The Senator The PRESIDING OFFICER. Is there a from North Dakota. NOT VOTING—1 sufficient second? Mr. CONRAD. Mr. President, I ask Corzine There appears to be a sufficient sec- the Chair of the committee if it would The PRESIDING OFFICER. On this ond. be appropriate now to go to the Cant- vote, the yeas are 44, the nays are 55. Mr. GREGG. Mr. President, I would well amendment? Three-fifths of the Senators duly cho- simply announce that this is a 10- Mr. GREGG. Absolutely. sen and sworn not having voted in the minute vote and it will be 10. Mr. CONRAD. Mr. President, I direct affirmative, the motion is not agreed The PRESIDING OFFICER. The my colleagues’ attention to the Cant- to. The point of order is sustained and question is on agreeing to the motion. well amendment and indicate that we the amendment falls. The clerk will call the roll. are now trying to make an analysis of

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.055 S03NOPT1 S12314 CONGRESSIONAL RECORD — SENATE November 3, 2005 where we are with respect to the fund- The amendment follows: NAYS—51 ing of the bill, where we are with re- On page 101, strike lines 12 through 19 and Akaka Dole Martinez spect to the requirements the Senate is insert the following: Alexander Domenici McConnell under under reconciliation, to make Allard Ensign Murkowski (d) RECEIPTS.— Allen Enzi Roberts certain that all of this fits together. (1) IN GENERAL.—Notwithstanding any Bennett Frist Santorum That is the reason for the delay at this other provision of law, of the amount of ad- Bond Graham Sessions moment, to make certain that the justed bonus, rental, and royalty receipts de- Brownback Grassley Shelby numbers work correctly. rived from oil and gas leasing and operations Bunning Gregg Smith authorized under this section— Burns Hagel Specter With that, we will go to the Cantwell Burr Hatch Stevens (A) 50 percent shall be paid to the State of amendment. Chambliss Hutchison Sununu The PRESIDING OFFICER. The Sen- Alaska; and Coburn Inhofe Talent (B) the balance shall be deposited into the ator from Washington. Cochran Inouye Thomas Treasury as miscellaneous receipts. Cornyn Isakson Thune AMENDMENT NO. 2400 (2) JUDICIAL REVIEW.— Craig Kyl Vitter Ms. CANTWELL. Mr. President, I (A) IN GENERAL.—Any civil action brought Crapo Lott Voinovich rise to offer a perfecting amendment. by the State of Alaska to compel an increase DeMint Lugar Warner In order to raise the $2.4 billion in the percentage of revenues to be paid NOT VOTING—1 claimed in the underlying bill, it as- under paragraph (1) shall be filed not later Corzine sumes a 50–50 split of oil leasing reve- than 90 days after the date of enactment of this Act. The amendment (No. 2400) was re- nues between the State of Alaska and jected. the Federal Treasury. (B) LIMITATION.— (i) IN GENERAL.—If a civil action is filed by Mr. MCCONNELL. I move to recon- But my colleagues may be surprised the State of Alaska under subparagraph (A), sider the vote. to learn that whether or not this 50–50 until such time as a final nonappealable Mr. SANTORUM. I move to lay that legislative language is upheld in court order is issued with respect to the civil ac- motion on the table. is a matter of some uncertainty. The tion and notwithstanding any other provi- The motion to lay on the table was State of Alaska has long maintained it sion of law— agreed to. (I) production of oil and gas from the Arc- is due 90 percent of these revenues, so AMENDMENTS NOS. 2350, 2378, 2418, 2411, 2413, EN tic National Wildlife Refuge is prohibited; instead of the Federal Government get- BLOC ting $2.4 billion, it would only get $480 (II) no action shall be taken to establish or implement the competitive oil and gas leas- Mr. GREGG. Mr. President, I ask million. unanimous consent the following If you don’t believe me, the State of ing program authorized under this title; and (III) no leasing or other development lead- amendments, which are acceptable to Alaska just passed a resolution this ing to the production of oil or gas from the both sides, upon being sent to the desk, spring, saying it would insist on the 90– Arctic National Wildlife Refuge shall be un- be agreed to, en bloc, and the motions 10 split. I ask my colleagues to be dertaken. to reconsider be laid upon the table. faithful in telling the taxpayers the (ii) FINAL ORDER.—If the court issues a The PRESIDING OFFICER. Without real story. Let’s support maintaining final nonappealable order with respect to a objection, it is so ordered. the 50–50 and not moving forward until civil action filed under subparagraph (A) The amendments, en bloc, were we are certain that is $2.4 billion of that increases the percentage of revenues to be paid to the State of Alaska— agreed to, as follows: revenue for the Federal Government. AMENDMENT NO. 2350 The PRESIDING OFFICER. The Sen- (I) production of oil and gas from the Arc- tic National Wildlife Refuge is prohibited; (Purpose: To amend the definition of inde- ator from Alaska. and pendent student to include students who Mr. STEVENS. Mr. President, this (II) no leasing or other development lead- are homeless children and youths and un- bill already contains the first portion ing to the production of oil or gas from the accompanied youths for purposes of the of this amendment: Notwithstanding Arctic National Wildlife Refuge shall be un- need analysis under the Higher Education any other provision of law, the existing dertaken. Act of 1965) law applies to this area of Alaska. The PRESIDING OFFICER. The On page 647, between lines 11 and 12, insert This is a vindictive amendment. It the following: question is on agreeing to the amend- (3) in subsection (d)— says if my State decides to pursue a ment. legal right that all production in (A) in paragraph (2), by striking ‘‘is an or- Ms. CANTWELL. I ask for the yeas ANWR would stop. There would be no phan or ward of the court’’ and inserting ‘‘is and nays. an orphan, in foster care, or ward of the further production. I don’t understand court or was in foster care’’; this amendment because we have been The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient (B) in paragraph (6), by striking ‘‘or’’ after a State since 1958. We have not filed the semicolon; that suit. That resolution passed the second. (C) by redesignating paragraph (7) as para- State legislature almost every year, The clerk will call the roll. graph (8); and and it is an act of the State legislature, The legislative clerk called the roll. (D) by inserting after paragraph (6) the fol- but the Federal law governs this area Mr. DURBIN. I announce that the lowing: ‘‘(7) has been verified as both a homeless and it says a 50–50 split, which applies Senator from New Jersey (Mr. CORZINE) child or youth and an unaccompanied youth, to all States. is necessarily absent. as such terms are defined in section 725 of I yield to the Senator from New Mex- The PRESIDING OFFICER (Mr. the McKinney-Vento Homeless Assistance ico what time we have left. CORNYN). Are there any Senators in the Act (42 U.S.C. 11434a), during the school year Mr. DOMENICI. Mr. President, we Chamber desiring to vote? in which the application for financial assist- had a very critical vote. You all lis- The result was announced—yeas 48, ance is submitted, by— tened to it. This is nothing but an nays 51, as follows: ‘‘(A) a local educational agency liaison for amendment to try to come in the back homeless children and youths, as designated door and kill ANWR. It is absolutely [Rollcall Vote No. 298 Leg.] under section 722(g)(1)(J)(ii) of the McKin- wrong. We ought not even be consid- YEAS—48 ney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)); ering it. The very same people who Baucus Dorgan McCain ‘‘(B) a director of a homeless shelter, tran- wanted to kill it for 30 years are mak- Bayh Durbin Mikulski Biden Feingold Murray sitional shelter, or independent living pro- ing this last-ditch effort. The amend- Bingaman Feinstein Nelson (FL) gram; or ment should not even be on the floor, Boxer Harkin Nelson (NE) ‘‘(C) a financial aid administrator; or’’. Byrd Jeffords Obama and we ought to kill it. If it doesn’t AMENDMENT NO. 2378 take 10 minutes we ought to do it in 8 Cantwell Johnson Pryor Carper Kennedy Reed (Purpose: To fund justice programs) minutes. Chafee Kerry Reid At the end of title VIII, insert the fol- The PRESIDING OFFICER. The Clinton Kohl Rockefeller lowing: Coleman Landrieu Salazar clerk will report the amendment. SEC. ll. JUSTICE PROGRAMS. The legislative clerk read as follows: Collins Lautenberg Sarbanes Conrad Leahy Schumer (a) IN GENERAL.—The Secretary of the The Senator from Washington [Ms. CANT- Dayton Levin Snowe Treasury— WELL] proposes an amendment numbered DeWine Lieberman Stabenow (1) for fiscal year 2006, out of the funds in 2400. Dodd Lincoln Wyden the Treasury not otherwise appropriated,

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.069 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12315 shall pay to the Attorney General, by De- not otherwise appropriated shall pay to the and inserting ‘‘Subject to subsection (d), the cember 31, 2005, the amounts listed in sub- Librarian of the Congress the amounts pro- assistance authorized under section 2101(a) of section (b) that are to be provided for fiscal vided by November 1 of each such fiscal year. this title shall be afforded under 1 of the year 2006; and (b) AMOUNTS PROVIDED.—The amounts re- following plans, at the election of the (2) for each subsequent fiscal year provided ferred to in subsection (a), which shall be in veteran—’’; in subsection (b) out of funds in the Treasury addition to funds appropriated for each fiscal (2) by amending subsection (b) to read as not otherwise appropriated shall pay to the year, are: $1,300,000 for fiscal year 2006, follows: Attorney General the amounts provided by $1,300,000 for fiscal year 2007, $1,300,000 for fis- ‘‘(b) Subject to subsection (d), and except November 1 of each such fiscal year. cal year 2008, $1,300,000 for fiscal year 2009, as provided in section 2104(b) of this title, (b) AMOUNTS PROVIDED.—The amounts re- and $1,300,000 for fiscal year 2010, to fund the the assistance authorized by section 2101(b) ferred to in subsection (a), which shall be in Copyright Royalty Judges Program as au- of this title may not exceed the actual cost, addition to funds appropriated for each fiscal thorized under section 803(e)(1)(B) of title 17, or in the case of a veteran acquiring a resi- year, are— United States Code. dence already adapted with special features, (1) $8,000,000 for fiscal year 2006, $17,000,000 (c) OBLIGATION OF FUNDS. The Librarian of the fair market value, of the adaptations de- for fiscal year 2007, $15,000,000 for fiscal year the Congress shall— termined by the Secretary under such sec- 2008, $10,000,000 for fiscal year 2009, and (1) receive funds under this section for fis- tion 2101(b) to be reasonably necessary.’’; and $10,000,000 for fiscal year 2010, to fund the cal years 2006 through 2010; and (3) by adding at the end the following new Bulletproof Vest Partnership Program as au- (2) accept such funds in the amounts pro- subsection: thorized under section 4 of Public Law 108– vided which shall be obligated for the pur- ‘‘(d)(1) The aggregate amount of assistance 372. poses stated in this section by March 1 of available to a veteran under sections 2101(a) (2) $3,700,000 for fiscal year 2006, $6,300,000 each fiscal year. and 2102A of this title shall be limited to $50,000. for fiscal year 2007, $5,000,000 for fiscal year AMENDMENT NO. 2418 2008, $5,000,000 for fiscal year 2009, and ‘‘(2) The aggregate amount of assistance $5,000,000 for fiscal year 2010, to fund DNA (Purpose: To amend chapter 21 of title 38, available to a veteran under sections 2101(b) Training and Education for Law Enforce- United States Code, to enhance adaptive and 2102A of this title shall be limited to the ment, Correctional Personnel, and Court Of- housing assistance for disabled veterans lesser of— ficers as authorized by section 303 of Public and to reduce the amount appropriated for ‘‘(A) the sum of the cost or fair market Law 108–405. the Medicaid Integrity Program by value described in section 2102(b) of this title (3) $8,000,000 for fiscal year 2006, $12,000,000 $1,000,000 for each of fiscal years 2007 and the actual cost of acquiring the adapta- for fiscal year 2007, $10,000,000 for fiscal year through 2010) tions described in subsection (a); and 2008, $10,000,000 for fiscal year 2009, and On page 90, between lines 19 and 20, insert ‘‘(B) $10,000. $10,000,000 for fiscal year 2010, to fund DNA the following: ‘‘(3) No veteran may receive more than 3 Research and Development as authorized by Subtitle D—Adaptive Housing Assistance grants of assistance under this chapter.’’. (c) CLERICAL AMENDMENT.—The table of section 305 of Public Law 108–405. SEC. 2031. SHORT TITLE. (4) $500,000 for fiscal year 2006, $500,000 for sections at the beginning of such chapter of This subtitle may be cited as the ‘‘Spe- fiscal year 2007, $500,000 for fiscal year 2008, such title is amended by inserting after the cially Adapted Housing Grants Improve- $500,000 for fiscal year 2009, and $500,000 for item relating to section 2102 the following: ments Act of 2005’’. fiscal year 2010, to fund the National Foren- ‘‘2102A. Assistance for veterans residing tem- sic Science Commission as authorized by sec- SEC. 2032. ADAPTIVE HOUSING ASSISTANCE FOR porarily in housing owned by DISABLED VETERANS RESIDING family member.’’. tion 306 of Public Law 108–405. TEMPORARILY IN HOUSING OWNED SEC. 2033. GAO REPORTS. (5) $1,000,000 for fiscal year 2006, $1,000,000 BY A FAMILY MEMBER. (a) INTERIM REPORT.—Not later than 3 for fiscal year 2007, $1,000,000 for fiscal year (a) ASSISTANCE AUTHORIZED.—Chapter 21 of years after the date of enactment of this 2008, $1,000,000 for fiscal year 2009, and title 38, United States Code, is amended by Act, the Comptroller General of the United $1,000,000 for fiscal year 2010, to fund DNA inserting after section 2102 the following new States shall submit to Congress an interim Identification of Missing Persons as author- section: ized by section 308 of Public Law 108–405. report on the implementation of section (6) $8,000,000 for fiscal year 2006, $27,000,000 ‘‘§ 2102A. Assistance for veterans residing 2102A of title 38, United States Code (as for fiscal year 2007, $26,000,000 for fiscal year temporarily in housing owned by a family added by section 2(a)), by the Department of 2008, $25,000,000 for fiscal year 2009, and member Veterans Affairs. $25,000,000 for fiscal year 2010, to fund Capital ‘‘(a) ASSISTANCE AUTHORIZED.—If a disabled (b) FINAL REPORT.—Not later than 5 years Litigation Improvement Grants as author- veteran described in subsection (a)(2) or after the date of enactment of this Act, the ized by sections 421, 422, and 426 of Public (b)(2) of section 2101 of this title resides, but Comptroller General of the United States Law 108–405. does not intend to permanently reside, in a shall submit to Congress a final report on (7) $2,500,000 for fiscal year 2006, $3,000,000 residence owned by a member of such vet- the implementation of such section 2102A by for fiscal year 2007, $2,500,000 for fiscal year eran’s family, the Secretary may assist the the Department of Veterans Affairs. 2008, $2,500,000 for fiscal year 2009, and veteran in acquiring such adaptations to On page 166, strike lines 12 through 15 and $2,500,000 for fiscal year 2010, to fund the Kirk such residence as are determined by the Sec- insert the following: Bloodsworth Post-Conviction DNA Testing retary to be reasonably necessary because of ‘‘(A) for fiscal year 2006, $50,000,000; Grant Program as authorized by sections 412 the veteran’s disability. ‘‘(B) for each of fiscal years 2007 and 2008, and 413 of Public Law 108–405. ‘‘(b) LIMITATION ON AMOUNT OF ASSIST- $49,000,000; (8) $1,000,000 for fiscal year 2006, $1,000,000 ANCE.—Subject to section 2102(d) of this title, ‘‘(C) for each of fiscal years 2009 and 2010, for fiscal year 2007, $1,000,000 for fiscal year the assistance authorized under subsection $74,000,000; and 2008, $1,000,000 for fiscal year 2009, and (a) may not exceed— ‘‘(D) for fiscal year 2011 and each fiscal $1,000,000 for fiscal year 2010, to fund In- ‘‘(1) $10,000, in the case of a veteran de- year thereafter, $75,000,000. creased Resources for Enforcement of Crime scribed in section 2101(a)(2) of this title; or AMENDMENT NO. 2411 Victims Rights, Crime Victims Notification ‘‘(2) $2,000, in the case of a veteran de- (Purpose: To authorize the continued provi- Grants as authorized by section 1404D of the scribed in section 2101(b)(2) of this title. sion of certain adult day health care serv- Victims of Crime Act of 1984 (42 U.S.C. ‘‘(c) LIMITATION ON NUMBER OF RESIDENCES ices or medical adult day care services 10603d). SUBJECT TO ASSISTANCE.—A veteran eligible under a State Medicaid plan) (c) OBLIGATION OF FUNDS.—The Attorney for assistance authorized under subsection On page 188, after line 24, add the fol- General shall— (a) may only be provided such assistance lowing: (1) receive funds under this section for fis- with respect to 1 residence. SEC. 6037. AUTHORITY TO CONTINUE PROVIDING cal years 2006 through 2010; and ‘‘(d) REGULATIONS.—Assistance under this CERTAIN ADULT DAY HEALTH CARE (2) accept such funds in the amounts pro- section shall be provided in accordance with SERVICES OR MEDICAL ADULT DAY vided which shall be obligated for the pur- such regulations as the Secretary may pre- CARE SERVICES. poses stated in this section by March 1 of scribe. The Secretary shall not— each fiscal year. ‘‘(e) TERMINATION OF AUTHORITY.—The au- (1) withhold, suspend, disallow, or other- SEC.ll. COPYRIGHT PROGRAM. thority to provide assistance under sub- wise deny Federal financial participation (a) IN GENERAL.—The Secretary of the section (a) shall expire at the end of the 5- under section 1903(a) of the Social Security Treasury— year period beginning on the date of enact- Act (42 U.S.C. 1396b(a)) for adult day health (1) for fiscal year 2006, out of the funds in ment of the Specially Adapted Housing care services or medical adult day care serv- the Treasury not otherwise appropriated, Grants Improvements Act of 2005.’’. ices, as defined under a State medicaid plan shall pay to the Librarian of the Congress, (b) LIMITATIONS ON ADAPTIVE HOUSING AS- approved on or before 1982, if such services by December 31, 2005, the amounts listed in SISTANCE.—Section 2102 of such title is are provided consistent with such definition subsection (b) that are to be provided for fis- amended— and the requirements of such plan; or cal year 2006; and (1) in subsection (a), by striking ‘‘The as- (2) withdraw Federal approval of any such (2) for each subsequent fiscal year provided sistance authorized by section 2101(a)’’ and State plan or part thereof regarding the pro- in subsection (b) out of funds in the Treasury all that follows through ‘‘any one case—’’ vision of such services.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.046 S03NOPT1 S12316 CONGRESSIONAL RECORD — SENATE November 3, 2005 AMENDMENT NO. 2413 fitted with a material called Zylon. more in revenue than was mandated by (Purpose: To provide additional ProGAP The Justice Department has since an- the Budget Resolution instructions. I assistance to certain students) nounced that Zylon fails to provide the thank our colleagues for supporting On page 369, between lines 11 and 12, insert intended level of ballistic resistance. our amendment and agreeing to use the following: Unfortunately, an estimated 200,000 that additional money to fund some of ‘‘(D) the Secretary— vests outfitted with that material have these important priorities that con- ‘‘(i) shall determine if an increase in the been purchased—many with Bullet- amount of a grant under this section is need- tinue to lack adequate Federal re- ed to help encourage students to pursue proof Vest Partnership funds—and now sources. courses of study that are important to the must be replaced. Law enforcement AMENDMENT NO. 2413 current and future national, homeland, and agencies nationwide are struggling to Mr. WARNER. Mr. President, I rise economic security needs of the United find the funds necessary to replace de- today in support of an amendment to States; and fective vests with ones that will actu- S. 1932, the deficit reduction bill. I am ‘‘(ii) after making the determination de- ally stop bullets and save lives. Our pleased to be joined in this bipartisan scribed in clause (i), may increase the max- amendment will help them replace effort with Senators LIEBERMAN, ROB- imum and minimum award level established those faulty vests. ERTS, DURBIN, and ALLEN. I am grateful under subparagraph (A) by not more than 25 Our amendment also provides over percent, for students eligible for a grant to each of them for working closely under this section who are pursuing a degree $216,000,000 for programs authorized by with me in crafting this amendment. In with a major in mathematics, science, tech- the Justice For All Act of 2004, a land- addition, I would like to thank Chair- nology, engineering, or a foreign language mark law that enhances protections for man ENZI and Senator KENNEDY for that is critical to the national security of victims of Federal crimes, increases working closely with me in support of the United States; and Federal resources available to State this amendment. ‘‘(E) not later than September 30 of each and local governments to combat Under the deficit reduction bill, cer- fiscal year, the Secretary shall notify Con- crimes with DNA technology, and pro- tain educational programs are author- gress, in writing, of the Secretary’s deter- vides safeguards to prevent wrongful ized or reauthorized that provide Fed- mination with respect to subparagraph (D)(i) convictions and executions. The bipar- and of any increase in award levels under eral dollars to help low-income stu- subparagraph (D)(ii). tisan amendment that Senator SPEC- dents with the costs associated with TER AMENDMENT NO. 2378 and I propose will, among other higher education. These programs in- Mr. LEAHY. Mr. President, I am things, allow for training of criminal clude: (1) Pell grants—in fiscal year thrilled that the Senate has agreed to justice and medical personnel in the 2005 $12.787 billion was spent on Pell accept by unanimous consent to the use of DNA evidence, including evi- grants by the Federal Government; (2) Budget Reconciliation Act, S. 1932, a dence for post-conviction DNA testing. ProGAP grants—a new mandatory bipartisan amendment offered by Sen- It will promote the use of DNA tech- spending program consisting of ap- ator SPECTER and myself to allocate nology to identify missing persons. proximately $1.45 billion a year that is the extra $278,000,000 in revenue pro- With these funds, State and local au- designed to provide supplemental vided from the Judiciary Committee thorities will be better able to imple- grants to low-income Pell grant recipi- markup on reconciliation to supple- ment and enforce crime victims’ rights ents, regardless of their majors; and (3) ment funding for the Bulletproof Vest laws, including Federal victim and wit- SMART grants—a new mandatory Partnership, programs authorized by ness assistance programs. State and spending program consisting of $450 the Justice For All Act, and the Copy- locals can apply for grants to develop million a year that is designed to pro- right Royalty Judges Program. and implement victim notification sys- vide supplemental grants to low-in- I thank my good friend and col- tems so that they can share informa- come Pell grant recipients in their league, Senator SPECTER, for his lead- tion on criminal proceedings in a time- third and fourth year of college who ership on and commitment to seeing ly and efficient manner. The amend- are pursuing majors in math, science, that these important programs are ment will also help improve the qual- engineering, and foreign languages. funded as much as we can during these ity of legal representation provided to These initiatives are commendable. I tough fiscal times. As Chairman and both indigent defendants and the pub- support them. Each program will sig- Ranking Member of the Judiciary lic in State capital cases. nificantly increase dollars targeted to Committee, Senator SPECTER and I Last, but certainly not least, our low-income individuals who wish to have joined forces before to champion amendment provides $6,500,000 over 5 pursue higher education to help them funding for these programs. I am privi- years for the Copyright Royalty Judges with the costs associated with their leged to partner with him again in that Program at the Library of Congress. schooling. pursuit. The Copyright Royalty Distribution But while I support these programs, I The Judiciary Committee markup on Reform Act of 2004 created a new pro- also fervently believe that when the its reconciliation title provided gram in the Library to replace most of Congress expends taxpayer money, it $278,000,000 more in revenue than was the current statutory responsibilities ought to do so in a manner that meets mandated by the budget resolution in- of the Copyright Arbitration Royalty our Nation’s needs. structions. We now seek to include ad- Panels program. The Copyright Roy- The fact of the matter is that should ditional provisions within the jurisdic- alty Judges Program will determine this bill become law, the Federal Gov- tion of our committee into the Senate distributions of royalties that are dis- ernment will spend, next year alone, reconciliation package. Our bipartisan puted and will set or adjust royalty approximately $14.5 billion on grants to amendment funds a number of Judici- rates, terms and conditions, with the help low-income students attend higher ary programs that enjoyed broad bipar- exception of satellite carriers’ compul- education. I repeat $14.5 billion. tisan support when Congress author- sory licenses. Our amendment would Of this $14.5 billion, though, without ized them. These mandatory spending help pay the salaries and related ex- this amendment, only $450 million each changes would simply spend some of penses of the three royalty judges and year will be specifically targeted to- the additional revenue that we raised three administrative staff required by wards encouraging students to enter through increases in immigration fees law to support this program. courses of study that are critical to our during our markup. The Specter-Leahy amendment will national security. That amounts to Our proposal would provide $60,000,000 give to programs that help protect po- only about 3 percent of the total over the next 5 years for such initia- lice officers and victims of violent amount spent. I repeat, 3 percent. That tives as the Bulletproof Vest Partner- crime, allow State and local govern- is astonishing to me. ship Program, which helps law enforce- ments to combat crimes with DNA It is astonishing to me because a key ment agencies purchase or replace body technology, and provide safeguards to component of America’s national, armor for their rank-and-file officers. prevent wrongful convictions and exe- homeland, and economic security in Recently, concerns over body armor cutions. Chairman SPECTER and I are the post 9/11 world of global terrorism safety surfaced when a Pennsylvania proud that the Judiciary Committee is having home-grown, highly-trained police officer was shot and critically was able to agree to a reconciliation scientific minds to compete in today’s wounded through his new vest out- package that will provide $278 million one-world market. Yet alarmingly,

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.048 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12317 America faces a huge shortage of these nomic benefit, has declined steadily centives to encourage individuals to technical minds. relative to the rest of the world for pursue studies critical fields. The Strikingly, America faced a similar decades, and now stands at only 52 per- amendment accomplishes this goal by situation nearly 50 years ago. On Octo- cent of the total. allowing the Secretary of Education to ber 4, 1957, the Soviet Union success- In the past, this country has been award larger ProGAP grants to stu- fully launched the first manmade sat- able to compensate for its shortfall in dents majoring in programs of math, ellite—Sputnik—into space. The homegrown, highly trained, technical science, engineering and foreign lan- launch shocked America, as many of us and scientific talent by importing the guages that are key to our national had assumed that we were preeminent necessary brain power from foreign and homeland security. in the scientific fields. While prior to countries. However, with increased While I believe studying the liberal that unforgettable day America en- global competition, this is becoming arts is an important component to hav- joyed an air of post World War II invin- harder and harder. More and more of ing an enlightened citizenry, we simply cibility, afterwards our Nation recog- our imported brain power is returning must do more to address this glaring nized that there was a cost to its com- home to their native countries. And re- shortage in other critical fields. placency. We had fallen behind. grettably, as they return home, many America can ill afford a 21st century In the months and years to follow, we American high-tech jobs are being Sputnik. This amendment will make would respond with massive invest- outsourced with them. sure that additional monies get focused ments in science, technology and engi- Simply put, in today’s one world on training the highly skilled minds neering. market, while we in America are sleep- that are needed in the 21st century to In 1958, Congress passed the National ing at night, the other half of the world protect our national, economic, and Defense Education Act to inspire and is thinking and contriving of every pos- homeland security. induce individuals to advance in the sible way to compete against us eco- I urge my colleagues to support this fields of science and math. In addition, nomically. Moreover, while we are amendment. President Eisenhower signed into law sleeping at night, there are persons in Mr. GREGG. The game plan is to go legislation that established the Na- this world who are awake, working to the Santorum or Baucus amend- tional Aeronautics and Space Adminis- hard in support of efforts aimed at tak- ment. tration, NASA. And a few years later, ing our security and our freedoms away I suggest the absence of a quorum. in 1961, President Kennedy set the Na- from us. The PRESIDING OFFICER. The tion’s goal of landing a man on the Fortunately, we can do something clerk will call the roll. Moon within the decade. here today to help us become better The bill clerk proceeded to call the These investments paid off. In the prepared. Certainly, the SMART grant roll. years following the Sputnik launch, program is an important step in the Mr. CONRAD. Mr. President, I ask America not only closed the scientific right direction. But while the SMART unanimous consent that the order for and technological gap with the Soviet grant program is one small step for the quorum call be rescinded. Union, we surpassed them. Our renewed man, it is not a giant leap for America. The PRESIDING OFFICER. Without commitment to science and technology More has to be done. Remember, even objection, it is so ordered. not only enabled us to safely land a with the SMART grant program, next AMENDMENT NO. 2383 man on the Moon in 1969, it spurred re- year only 3 percent of the $14.5 billion Mr. CONRAD. The next amendment search and development which helped targeted towards low-income students in order is the Baucus amendment. ensure that our modern military has will be focused on meeting our security The PRESIDING OFFICER. The Sen- always had the best equipment and needs. ator from Montana. technology in the world. These post- That is why I am offering this Mr. BAUCUS. I call up amendment Sputnik investments also laid the amendment today. The Warner, 2383 and ask for its immediate consid- foundation for the creation of some of Lieberman, Roberts, Durbin, and Allen eration. the most significant technologies of amendment is simple. It simply allows The PRESIDING OFFICER. The modern life, including personal com- the Secretary of Education to provide clerk will report. puters, and the Internet. to low-income Pell grant recipients The legislative clerk read as follows: Why is any of this important to us who pursue majors at the college and The Senator from Montana [Mr. BAUCUS] today? Because as the old saying goes: university level in critical national proposes an amendment numbered 2383. he or she who fails to remember his- and homeland security fields of math, Mr. BAUCUS. Mr. President, I ask tory is bound to repeat it. science, engineering, and foreign lan- unanimous consent the reading of the The truth of the matter is that today guages, an additional sum of money on amendment be dispensed with. America’s education system is coming top of their normal ProGAP grants. The PRESIDING OFFICER. Without up short in training the highly tech- The amendment gives incentives and objection, it is so ordered. nical American minds that we now inducements to students who accept The amendment is as follows: need and will continue to need far into the challenge of pursuing the more rig- (Purpose: To exclude discounts provided to the future. orous and demanding curriculum of mail order and nursing facility pharmacies The fact is that over the last two these studies that are critical to our from the determination of average manu- decades the number of young Ameri- Nation. facturer price and to extend the discounts cans pursuing bachelor degrees in The amendment achieves its goal offered under fee-for-service Medicaid for science and engineering has been de- without adding a single new dollar to prescription drugs to managed care organi- clining. In fact, the proportion of col- the underlying bill. zations) lege-age students earning degrees in The Warner, Lieberman, Roberts, On page 110, after line 24, add the fol- math, science, and engineering is now Durbin, and Allen amendment does not lowing: substantially higher in 16 countries in change the Pell grant program or the (4) EXCLUSION OF DISCOUNTS PROVIDED TO MAIL ORDER AND NURSING FACILITY PHAR- Asia and Europe than it is in the SMART grant program in any way. It MACIES FROM THE DETERMINATION OF AVERAGE United States. If these current trends merely changes the formula of pay- MANUFACTURER PRICE.— continue, then, according to the Na- ments to students who will receive (A) IN GENERAL.—Section tional Science Board, less than 10 per- ProGAP grants. This change is des- 1927(k)(1)(B)(ii)(IV) (42 U.S.C. 1396r– cent of all scientists and engineers in perately needed to put our nation on 8(k)(1)(B)(ii)(IV)), as added by paragraph the world will be working in America the road to meeting the ever increasing (1)(C), is amended to read as follows: by 2010. competition from India, China, and ‘‘(IV) Chargebacks, rebates provided to a This shortage in America of highly other nations where more and more of pharmacy (excluding a mail order pharmacy, trained, technical minds is already a pharmacy at a nursing facility or home, their students are pursuing studies in and a pharmacy benefit manager), or any having very real consequences for us as the scientific area. other direct or indirect discounts.’’. a country. For example, the U.S. pro- The amendment builds upon the (B) EFFECTIVE DATE.—Paragraph (3) shall duction of patents, probably the most SMART grant program by enabling the apply to the amendment made by subpara- direct link between research and eco- Secretary to provide even greater in- graph (A).

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.058 S03NOPT1 S12318 CONGRESSIONAL RECORD — SENATE November 3, 2005

(5) EXTENSION OF PRESCRIPTION DRUG DIS- AMENDMENT NO. 2417 (d) DISTRIBUTION OF FUNDS.— COUNTS TO ENROLLEES OF MEDICAID MANAGED Mr. GREGG. I send to the desk an (1) IN GENERAL.—The Secretary shall dis- CARE ORGANIZATIONS.— amendment by Senator LEVIN. tribute funds under this section to each com- (A) IN GENERAL.—Section 1903(m)(2)(A) (42 The PRESIDING OFFICER. The munity participating in a demonstration U.S.C. 1396b(m)(2)(A)) is amended— clerk will report. project through the State, or States, in (i) in clause (xi), by striking ‘‘and’’ at the which each community is located. end; The legislative clerk read as follows: (2) OTHER PARTICIPANTS.—Not later than 60 (ii) in clause (xii), by striking the period at The Senator from New Hampshire [Mr. days after receiving funds under paragraph the end and inserting ‘‘; and’’; and GREGG] for Mr. LEVIN, proposes an amend- (1), a State receiving funds under this sec- (iii) by adding at the end the following: ment numbered 2417. tion shall make the funds available to the ‘‘(xiii) such contract provides that pay- Mr. GREGG. I ask unanimous con- local governments and emergency response ment for covered outpatient drugs dispensed sent the reading of the amendment be providers participating in a demonstration to individuals eligible for medical assistance dispensed with. project selected by the Secretary. (e) FUNDING.—Amounts made available who are enrolled with the entity shall be The PRESIDING OFFICER. Without subject to the same rebate agreement en- from the interoperability fund under section tered into under section 1927 as the State is objection, it is so ordered. 3005(c)(3) shall be available to carry out this subject to and that the State shall have the The amendment is as follows: section without appropriation. option of collecting rebates for the dis- (Purpose: To establish an International Bor- (f) REPORTING.—Not later than December pensing of such drugs by the entity directly der Community Interoperable Communica- 31, 2005, and each year thereafter in which from manufacturers or allowing the entity tions Demonstration Project) funds are appropriated for a demonstration to collect such rebates from manufacturers On page 95, after line 21, insert the fol- project, the Secretary shall provide to the in exchange for a reduction in the prepaid lowing: Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the payments made to the entity for the enroll- SEC. 3005A. COMMUNICATION SYSTEM GRANTS. Committee on Homeland Security of the ment of such individuals.’’. (a) DEFINITIONS.—In this section— House of Representatives a report on the (B) CONFORMING AMENDMENT.—Section (1) the term ‘‘demonstration project’’ demonstration projects under this section. 1927(j)(1) (42 U.S.C. 1396r–8(j)91)) is amended means the demonstration project established by inserting ‘‘other than for purposes of col- under subsection (b)(1); Mr. GREGG. I ask unanimous con- lection of rebates for the dispensing of such (2) the term ‘‘Department’’ means the De- sent it be agreed to and the motion to drugs in accordance with the provisions of a partment of Homeland Security; reconsider be laid upon the table. contract under section 1903(m) that meets (3) the term ‘‘emergency response pro- The PRESIDING OFFICER. Without the requirements of paragraph (2)(A)(xiii) of vider’’ has the meaning given that term in that section’’ before the period. objection, it is so ordered. section 2(6) the Homeland Security Act of The amendment (No. 2417) was agreed (C) EFFECTIVE DATE.—The amendments 2002 (6 U.S.C. 101(6)); and made by this paragraph take effect on the to. (4) the term ‘‘Secretary’’ means the Sec- Mr. GREGG. I suggest the absence of date of enactment of this Act and apply to retary of Homeland Security. rebate agreements entered into or renewed (b) IN GENERAL.— a quorum. under section 1927 of the Social Security Act (1) ESTABLISHMENT.—There is established The PRESIDING OFFICER. The (42 U.S.C. 1396r–8) on or after such date. in the Department an ‘‘International Border clerk will call the roll. Mr. BAUCUS. Mr. President, this Community Interoperable Communications The bill clerk proceeded to call the amendment modifies the way retail Demonstration Project’’. roll. pharmacies are paid for brand-name ge- (2) MINIMUM NUMBER OF COMMUNITIES.—The Mr. CONRAD. Mr. President, I ask Secretary shall select not fewer than 2 com- neric drugs under Medicaid. The under- unanimous consent that the order for munities to participate in a demonstration the quorum call be rescinded. lying bill makes some important, posi- project. tive changes but has the unintended The PRESIDING OFFICER. Without (3) LOCATION OF COMMUNITIES.—Not fewer objection, it is so ordered. consequence of forcing the independ- than 1 of the communities selected under ents—that is, the independent drug- paragraph (2) shall be located on the north- AMENDMENT NO. 2348 stores and the chains—in a disadvan- ern border of the United States and not Mr. CONRAD. Mr. President, the next taged position compared with mail- fewer than 1 of the communities selected amendment in order is the Schumer order drug companies and long-term under paragraph (2) shall be located on the amendment. southern border of the United States. care drug companies, the point being The PRESIDING OFFICER. The Sen- (c) PROJECT REQUIREMENTS.—The dem- ator from New York. that the last category, because they onstration projects shall— are large-sized, have greater pur- Mr. SCHUMER. Mr. President, I offer (1) address the interoperable communica- amendment 2348. chasing power to be able to acquire tions needs of police officers, firefighters, The PRESIDING OFFICER. The drugs on a discount basis, whereas the emergency medical technicians, National clerk will report. earlier category, the independent phar- Guard, and other emergency response pro- The bill clerk read as follows: macist and the chains themselves who viders; do not have the same purchasing (2) foster interoperable communications— The Senator from New York [Mr. SCHU- (A) among Federal, State, local, and tribal MER], for himself and Mr. ROCKEFELLER, pro- power, will be forced to pay higher government agencies in the United States in- poses an amendment numbered 2348. prices compared to the larger. It is a volved in preventing or responding to ter- Mr. SCHUMER. Mr. President, I ask complicated subject. rorist attacks or other catastrophic events; unanimous consent the reading of the This is an amendment designed to and amendment be dispensed with. even the playing field so the smaller (B) with similar agencies in Canada and Mexico; The PRESIDING OFFICER. Without guys get a break. It will not be to the objection, it is so ordered. disadvantage of the larger guys, be- (3) identify common international cross- border frequencies for communications The amendment is as follows: cause with their larger size, they will equipment, including radio or computer mes- (Purpose: To strike the provisions increasing be able to get discounts that will more saging equipment; the Medicaid rebate for generic drugs) than offset the amendment provided (4) foster the standardization of interoper- On page 125, strike lines 3 through 14. for the smaller guys. able communications equipment; Mr. ROCKEFELLER. Mr. President, I Mr. GREGG. I ask unanimous con- (5) identify solutions that will facilitate communications interoperability across na- will speak for a moment about the sent for a voice vote. Schumer-Rockefeller generics amend- The PRESIDING OFFICER. The tional borders expeditiously; (6) ensure that emergency response pro- ment to the budget reconciliation bill. question is on agreeing to the amend- viders can communicate with each another The amendment that Senator SCHU- ment. and the public at disaster sites or in the MER and I are offering today would The amendment (No. 2383) was agreed event of a terrorist attack or other cata- eliminate the provision in this bill that to. strophic event; increases the generics Medicaid rebate Mr. GREGG. I move to reconsider the (7) provide training and equipment to en- from 11 percent to 17 percent. Increas- vote. able emergency response providers to deal ing the rebate for generics would jeop- with threats and contingencies in a variety Mr. CONRAD. I move to lay that mo- of environments; and ardize consumer access to lower-cost tion on the table. (8) identify and secure appropriate joint- prescription drugs and that’s why this The motion to lay on the table was use equipment to ensure communications ac- provision needs to be stricken from agreed to. cess. this bill.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.052 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12319 The reconciliation bill before us has effort to cut costs, what has happened Boxer Jeffords Nelson (NE) a number of flaws—it cuts Medicaid by in this bill is, in effect, we have elimi- Byrd Johnson Obama Cantwell Kennedy Pryor $7.5 billion despite Hurricane Katrina nated the ability of generic drugs to be Carper Kerry Reed and the high health care costs working sold using Medicaid. That will raise Clinton Kohl Reid families continue to face. It imposes costs dramatically. Collins Landrieu Rockefeller Conrad Lautenberg even greater premiums on Medicare Over half the prescription drugs used Salazar Dayton Leahy Sarbanes Dodd Levin beneficiaries when Part B premiums in Medicaid are generic. They are only Schumer Dorgan Lieberman have already gone up by more than $10 16 percent of the cost, but because we Snowe Durbin Lincoln Specter per month in each of the last 2 years. have raised the fees so dramatically on Feingold McCain And, it fails to address many of the what a generic drug company must pay Feinstein Mikulski Stabenow problems we know will occur when the a pharmacy to handle the drug, it is Harkin Murray Wyden Medicare drug benefit is implemented now going to be the same as a prescrip- Inouye Nelson (FL) on January 1, 2006. But, that’s not all. tion drug. Even though the prescrip- NAYS—50 This bill also includes a provision— tion drug costs a whole lot more and, Alexander DeWine Martinez which was added to the Finance Com- therefore, it is a much lower base, Allard Dole McConnell mittee reconciliation bill the night be- pharmacies are not going to use the ge- Bennett Domenici Murkowski Bond Ensign Roberts fore the markup—that would increase neric. In the long run, that will cost Brownback Enzi Santorum the rebate amount that generic manu- the Medicaid Program billions of dol- Bunning Frist Sessions facturers pay to State Medicaid pro- lars. Burns Graham Shelby Burr Grassley Smith grams from 11 percent to 17 percent. This is a huge mistake. It was not Chafee Gregg Stevens That’s an increase of 55 percent. Chambliss Hagel done by design. They raised all the fees Sununu Coburn Hatch At a time when access to generic and figured that will bring this amount Talent drugs represents the greatest oppor- Cochran Hutchison of money in the next year. Coleman Inhofe Thomas tunity for prescription drug cost sav- Can anyone imagine we are saying, in Cornyn Isakson Thune ings, this bill seeks to limit such ac- Medicaid, where we need to save Craig Kyl Vitter Voinovich cess. Not only will this policy result in money, we are not going to use generic Crapo Lott DeMint Lugar Warner greater costs to Medicaid over the long drugs? My amendment corrects that term, but it could also threaten access situation and is within the fiscal con- NOT VOTING—1 to lower-cost drugs for all Americans. fines of the bill. Corzine In the recent past, when Missouri and The PRESIDING OFFICER. The Sen- The amendment (No. 2348) was re- New Jersey considered implementing ator from Iowa. jected. generic drug rebate increases for the Mr. GRASSLEY. Mr. President, we Mr. MCCONNELL. I move to recon- purpose of achieving savings, they ac- do not need an amendment to improve sider the vote. tually found they would have incurred this situation because this bill has in it Mr. CRAIG. I move to lay that mo- greater costs as a result of reduced ac- already very significant incentives for tion on the table. cess to affordable generic drugs. generic utilization through the way we The motion to lay on the table was New Jersey officials estimated that reimburse generics and the dispensing agreed to. increasing rebates on generics used in fee we require. The PRESIDING OFFICER. The Sen- ator from New Hampshire. their Pharmaceutical Assistance for A very significant thing is to remem- Mr. GREGG. Mr. President, I ask the Aged and Disabled and Senior Gold ber that brand drugs account for 67 per- unanimous consent that the Senator programs would have increased state cent of Medicaid prescriptions, but from Nebraska have 2 minutes to intro- costs $18 million in the first year. Mis- they also account for 81 percent of the duce an amendment and then withdraw souri’s SeniorRx Program estimated Medicaid rebates. This is reasonable it. that increasing generic rebates would policy for us, then, to create parity be- have increased state costs by $8.5 mil- The PRESIDING OFFICER. The Sen- tween brand and generic rebates. This ator from Nebraska. lion dollars in the first year alone. amendment would upset that parity. According to a 1998 study by the Con- AMENDMENT NO. 2391 The amendment before the Senate Mr. HAGEL. Mr. President, I call up gressional Budget Office, generic drugs also simply strikes generic rebates; it save consumers approximately $8–10 amendment No. 2391 and ask for its im- does not pay for it. So I strongly op- mediate consideration. billion each year. Why would we under- pose bringing the Committee on Fi- cut access to generics when low-cost The PRESIDING OFFICER. The nance out of compliance with our budg- clerk will report. prescription drugs should be a priority? et instructions. This amendment would I question the merits of such a far- The legislative clerk read as follows: do that. I ask Members to oppose the reaching policy that was added in the The Senator from Nebraska [Mr. HAGEL], amendment. dead of night seemingly for the purpose for himself and Mr. SUNUNU, proposes an Mr. GREGG. I ask for the yeas and amendment numbered 2391. of achieving greater budget savings. I nays. understand the temptation to act in Mr. HAGEL. I ask unanimous con- The PRESIDING OFFICER. Is there a reconciliation to accomplish long- sent that reading of the amendment be sufficient second? standing policy goals as well as to ad- dispensed with. There is a sufficient second. The PRESIDING OFFICER. Without dress requests from special interest The yeas and nays were ordered. objection, it is so ordered. groups. The amendment is as follows: We should resist such temptation The PRESIDING OFFICER. The when we have not done our home- question is on agreeing to the amend- (Purpose: To require Fannie Mae and Freddie Mac to register under the Securities Act of work—when we don’t know the real ra- ment. The clerk will call the roll. 1933) tionale or effects of this policy or the At the appropriate place, insert the fol- interaction with other policies. We can The legislative clerk called the roll. Mr. DURBIN. I announce that the lowing: do better. SEC. ll. REGISTRATION OF GSE SECURITIES. Senator from New Jersey (Mr. CORZINE) We can be more thoughtful—and we (a) FANNIE MAE.— have a responsibility to be very careful is necessarily absent. (1) MORTGAGE-BACKED SECURITIES.—Section when we’re dealing with pocketbook The PRESIDING OFFICER. Are there 304(d) of the Federal National Mortgage As- issues that affect working families, our any other Senators in the Chamber de- sociation Charter Act (12 U.S.C. 1719(d)) is states, as well as long-term costs to siring to vote? amended by striking the fourth sentence and the Federal Government. The result was announced—yeas 49, inserting the following: ‘‘Securities issued by nays 50, as follows: the corporation under this subsection shall I thank the Chair and urge my col- not be exempt securities for purposes of the leagues to vote ‘‘yes’’ on the Schumer- [Rollcall Vote No. 299 Leg.] Securities Act of 1933.’’. Rockefeller generic drug amendment. YEAS—49 (2) SUBORDINATE OBLIGATIONS.—Section Mr. SCHUMER. Mr. President, this is Akaka Baucus Biden 304(e) of the Federal National Mortgage As- a very simple amendment. In a sincere Allen Bayh Bingaman sociation Charter Act (12 U.S.C. 1719(e)) is

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.054 S03NOPT1 S12320 CONGRESSIONAL RECORD — SENATE November 3, 2005 amended by striking the fourth sentence and Corporation that have been issued by the The PRESIDING OFFICER. The inserting the following: ‘‘Obligations issued Corporation directly to the approved seller amendment is withdrawn. by the corporation under this subsection in exchange for the mortgage loans under- The Senator from New Hampshire. shall not be exempt securities for purposes of lying such mortgage-backed securities.’’. Mr. GREGG. I ask unanimous con- the Securities Act of 1933.’’. (c) NO EFFECT ON OTHER LAW.—Nothing in sent that the only amendments re- (3) SECURITIES.—Section 311 of the Federal this section or the amendments made by this National Mortgage Association Charter Act section shall be construed to affect any ex- maining in order be two by Senator (12 U.S.C. 1723c) is amended— emption from the provisions of the Trust In- REED, one by Senator LIEBERMAN, one (A) in the section heading, by striking ‘‘AS- denture Act of 1939 provided to the Federal by Senator SANTORUM, and one by Sen- SOCIATION’’; National Mortgage Association or the Fed- ator SNOWE. (B) by inserting ‘‘(a) IN GENERAL.—’’ after eral Home Loan Mortgage Corporation. The PRESIDING OFFICER. In my ‘‘SEC. 311.’’; (d) REGULATIONS.—The Securities and Ex- personal capacity as a Senator from (C) in the second sentence, by inserting change Commission may issue such regula- Texas, I object. ‘‘by the Association’’ after ‘‘issued’’; and tions as may be necessary or appropriate to Mr. GREGG. The Chair objects. (D) by adding at the end the following: carry out this section and the amendments made by this section. Mr. CONRAD. The Chair objects. ‘‘(b) TREATMENT OF CORPORATION SECURI- Mr. GREGG. And one by Senator TIES.— (e) EFFECTIVE DATE.—The amendments CORNYN. ‘‘(1) IN GENERAL.—Any stock, obligations, made by this section shall become effective 1 securities, participations, or other instru- year after the date of enactment of this Act. The PRESIDING OFFICER. Without ments issued or guaranteed by the corpora- Mr. HAGEL. Mr. President, the sig- objection, it is so ordered. tion pursuant to this title shall not be ex- nificance of Fannie Mae and Freddie Mr. CONRAD. Mr. President, reserv- empt securities for purposes of the Securities Mac to our economy cannot be over- ing the right to object, the last one is Act of 1933. stated. Together they guarantee al- a Cornyn amendment? ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— most 46 percent of all mortgage loans Mr. GREGG. It appears there may be. Notwithstanding any other provision of this Mr. CONRAD. I think we can accept title or the Securities Act of 1933, trans- in the United States. They also back over $3.9 trillion in mortgage-backed it. actions involving the initial disposition by Mr. GREGG. We will now go to Sen- an approved seller of pooled certificates that securities and have amassed over $1.7 ator SANTORUM. trillion in outstanding debt. This are acquired by that seller from the corpora- The PRESIDING OFFICER. The Sen- tion upon the initial issuance of the pooled amendment would require Fannie and ator from Pennsylvania. certificates shall be deemed to be trans- Freddie to register their debt in securi- AMENDMENT NO. 2419 actions by a person other than an issuer, un- ties with the Securities and Exchange derwriter, or dealer for purposes of the Secu- Commission, like any other company. (Purpose: To amend title XVIII of the Social Security Act to make a technical correc- rities Act of 1933. Both are currently exempt from having ‘‘(3) DEFINITIONS.—For purposes of this sub- tion regarding purchase agreements for section, the following definitions shall apply: to do so and, because of this, both are power-driven wheelchairs under the Medi- ‘‘(A) APPROVED SELLER.—The term ‘ap- exempt from the accounting require- care program, to provide for coverage of proved seller’ means an institution approved ments of Sarbanes-Oxley. The Senate ultrasound screening for abdominal aortic by the corporation to sell mortgage loans to Banking Committee, under the leader- aneurysms under part B of such program, the corporation in exchange for pooled cer- ship of Chairman SHELBY, passed a to improve patient access to, and utiliza- tificates. comprehensive, strong, GSE regulatory tion of, the colorectal cancer screening ‘‘(B) POOLED CERTIFICATES.—The term reform bill earlier this year. We need benefit under such program, and to provide ‘pooled certificates’ means single class mort- to take this bill up in this Congress. for the coverage of marriage and family gage-backed securities guaranteed by the therapist services and mental health coun- AMENDMENT NO. 2391, WITHDRAWN corporation that have been issued by the cor- selor services under part B of such title) poration directly to the approved seller in I ask unanimous consent that Sen- Mr. SANTORUM. Mr. President, I exchange for the mortgage loans underlying ator SUNUNU be allowed to speak for 1 send an amendment to the desk and such mortgage-backed securities. minute, after which I ask that amend- ask for its immediate consideration. ‘‘(4) MORTGAGE RELATED SECURITIES.—A ment No. 2391 be withdrawn. The PRESIDING OFFICER. The single class mortgage-backed security guar- The PRESIDING OFFICER. Without clerk will report. anteed by the corporation that has been objection, it is so ordered. The legislative clerk read as follows: issued by the corporation directly to the ap- The Senator from New Hampshire. proved seller in exchange for the mortgage The Senator from Pennsylvania [Mr. Mr. SUNUNU. Mr. President, I join SANTORUM], for himself, Mr. BUNNING, Mr. loans underlying such mortgage-backed se- the Senator from Nebraska in sup- THOMAS, Mr. VOINOVICH, Mr. LIEBERMAN, Mr. curities or directly by the corporation for porting this amendment. We absolutely DODD, and Mr. ROCKEFELLER, proposes an cash shall be deemed to be a mortgage re- amendment numbered 2419. lated security, as defined in section 3(a) of need strong, credible, effective regula- the Securities Exchange Act of 1934.’’. tion of Fannie Mae and Freddie Mac. (The amendment is printed in today’s (b) FREDDIE MAC.—Section 306(g) of the These are enormous, complex financial RECORD under ‘‘Text of Amendments.’’) Federal Home Loan Mortgage Corporation institutions. We want to ensure their Mr. SANTORUM. Mr. President, this Act (12 U.S.C. 1455(g)) is amended to read as safety and soundness. We want to en- is a four-part amendment. The first follows: sure they stay focused on their char- part would provide for a screening for ‘‘(g) TREATMENT OF SECURITIES.— tered mission, which is to provide li- aortic aneurysms, offered by Senator ‘‘(1) IN GENERAL.—Any securities issued or guaranteed by the Corporation shall not be quidity in our secondary mortgage BUNNING and Senator DODD. The second exempt securities for purposes of the Securi- market. It sends the wrong message if part of the amendment would allow for ties Act of 1933. we treat them differently from other the purchase of electronic mobility ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— big investment services companies. It equipment for our seniors, something Notwithstanding any other provision of this sends the wrong message if we don’t Senator VOINOVICH has been working title or the Securities Act of 1933, trans- have a credible regulator. We need to on, as opposed to having a long-term actions involving the initial disposition by pass legislation that includes this kind lease. The third part is offered by Sen- an approved seller of pooled certificates that of a provision, SEC registration for ator THOMAS, which has to do with are acquired by that seller from the Corpora- their stocks and bonds. It is common tion upon the initial issuance of the pooled rural mental health care under Medi- certificates shall be deemed to be trans- sense. We have passed legislation in the care. And finally, the piece I have been actions by a person other than an issuer, un- Banking Committee that is increas- offering is on colorectal screenings. We derwriter, or dealer for purposes of the Secu- ingly unlikely, given the opposition, passed that benefit back in 1997. As a rities Act of 1933. lack of cooperation of the GSEs in result of that payment of the benefit ‘‘(3) DEFINITIONS.—For purposes of this sub- working on this legislation. Their al- for screenings, we have only seen a 1- section, the following definitions shall apply: lied interest groups have weighed in percent increase in screenings. This is ‘‘(A) APPROVED SELLER.—The term ‘ap- against the legislation. I think it does an attempt to try to increase that by proved seller’ means an institution approved a disservice to the capital markets and allowing for the payment of the pre- by the Corporation to sell mortgage loans to the Corporation in exchange for pooled cer- to the consumers if we fail to have a doctor visit as well as the part B de- tificates. strong, credible regulator. I certainly ductible. ‘‘(B) POOLED CERTIFICATES.—The term support the amendment, but I will I ask unanimous consent to add Sen- ‘pooled certificates’ means single class mort- yield back to the Senator from Ne- ator LANDRIEU as a cosponsor of the gage-backed securities guaranteed by the braska. amendment.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.057 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12321 The PRESIDING OFFICER. Without letter I got from the U.S. Psychiatric Crapo Inhofe Smith objection, it is so ordered. Rehabilitation Association expressing DeMint Isakson Snowe Dole Kyl Specter Mr. CONRAD. Mr. President, I ask thanks for the targeted case manage- Domenici Lott Stevens unanimous consent to be listed as a co- ment provisions: Ensign Lugar Sununu sponsor of the amendment. Enzi Martinez Talent Your measured steps and considerations of Frist McCain The PRESIDING OFFICER. Without TCM will preserve the needed services to Thomas Graham McConnell Thune objection, it is so ordered. those who cannot attain housing, employ- Grassley Murkowski Vitter ment, or health care on their own. [We] ap- Gregg Roberts Mr. GREGG. Mr. President, I ask for Voinovich Hagel Santorum a voice vote. preciate your work in helping to ensure that Warner mentally disabled Americans have the oppor- Hatch Sessions The PRESIDING OFFICER. The Hutchison Shelby question is on agreeing to amendment tunity to access Medicaid services. No. 2419. It seems to me this is something that NOT VOTING—2 The amendment (No. 2419) was agreed ought to be of the heart and the brain Coburn Corzine of anybody on the other side of the to. The amendment (No. 2409) was re- Mr. GREGG. Mr. President, I move to aisle. jected. reconsider the vote and to lay that mo- The PRESIDING OFFICER. The Sen- tion on the table. ator’s time has expired. Mr. GREGG. I move to reconsider the The motion to lay on the table was The Senator from Rhode Island has 7 vote. agreed to. seconds. Mr. SANTORUM. I move to lay that Mr. GREGG. We now go to Senator Mr. REED. Mr. President, this bill motion on the table. REED. will hurt programs that exist today The motion to lay on the table was The PRESIDING OFFICER. The Sen- that help children, people with AIDS, a agreed to. ator from Rhode Island. host of people. I received this informa- AMENDMENTS NOS. 2380, AS MODIFIED, 2420, AND AMENDMENT NO. 2409 tion not from the Clinton administra- 2386 Mr. REED. Mr. President, I ask that tion but from providers in my own Mr. GREGG. Mr. President, I now amendment No. 2409 be called up for community, Christian Brothers who send three amendments to the desk and immediate consideration. deal with children, social workers who ask that they be considered and agreed The PRESIDING OFFICER. The deal with adults. to en bloc, and the motions to recon- clerk will report. Mr. GREGG. Mr. President, I ask sider be laid on the table—one for Sen- The bill clerk read as follows: unanimous consent that Senator SMITH ator LIEBERMAN and two for Senator The Senator from Rhode Island [Mr. be added to the list of amendments SUNUNU. REED], for himself, Mr. BAUCUS, Mrs. MUR- that will be considered. RAY, Mr. KENNEDY, Mr. BINGAMAN, Mr. The PRESIDING OFFICER. Is there Mr. CONRAD. Reserving the right to objection? Without objection, it is so CORZINE, Mrs. CLINTON, and Mr. OBAMA, pro- object, we don’t yet know what the poses an amendment numbered 2409. ordered. Smith amendment is. Can we get that The amendment is as follows: first? The amendments were agreed to, as follows: (Purpose: To strike provisions relating to Mr. GREGG. I withdraw that. reforms of targeted case management) Mr. REED. Mr. President, I ask for AMENDMENT NO. 2380, AS MODIFIED Strike section 6031 of the bill. the yeas and nays. On page 368, between line 5 and 6, insert Mr. REED. This amendment strikes The PRESIDING OFFICER. Is there a the following: section 6031 of the reconciliation act sufficient second? SEC. 6116. QUALITY MEASUREMENT SYSTEMS which pertains to case management There appears to be. AMENDMENTS. services. States have the ability to The question is on agreeing to Section 1860E–1, as added by section identify groups such as children and amendment No. 2409. 6110(a)(2), is amended— adults with AIDS, children in foster The clerk will call the roll. (1) in subsection (b)(1)— care, other vulnerable groups, and find The bill clerk called the roll. (A) in subparagraph (B)— comprehensive services. These services (i) in clause (vi), by striking ‘‘and’’ at the Mr. MCCONNELL. The following Sen- end; include educational and social as well ator was necessarily absent: the Sen- as medical services. The underlying (ii) in clause (vii), by striking the period at ator from Oklahoma (Mr. COBURN). the end and inserting ‘‘; and’’; and reconciliation bill will force these serv- Mr. DURBIN. I announce that the (iii) by adding at the end the following new ices to be paid for by third parties, the Senator from New Jersey (Mr. CORZINE) clause: State or others. That will decrease the is necessarily absent. ‘‘(viii) measures that address conditions use of these services and actually end The PRESIDING OFFICER. Are there where there is the greatest disparity of up costing more to the States, and it any other Senators in the Chamber de- health care provided and health outcomes will disrupt many of the very appro- between majority and minority groups.’’; siring to vote? and priate programs we have. In fact, many The result was announced—yeas 46, of these programs save money by deal- (B) in subparagraph (E)— nays 52, as follows: (i) in clause (v), by striking ‘‘and’’ at the ing with these people. [Rollcall Vote No. 300 Leg.] end; I would point out that this legisla- YEAS—46 (ii) by redesignating clause (vi) as clause tion does not require an offset, nor (vii); and does it require a supermajority vote Akaka Durbin Mikulski (iii) by inserting after clause (v) the fol- Baucus Feingold Murray lowing new clause: since we are striking language in the Bayh Feinstein Nelson (FL) underlying bill. Biden Harkin Nelson (NE) ‘‘(vi) allows quality measures that are re- I reserve any time I have. Bingaman Inouye Obama ported to be stratified according to patient The PRESIDING OFFICER. The Sen- Boxer Jeffords Pryor group characteristics; and’’; Byrd Johnson ator from Iowa. Reed (2) in subsection (c)(4)— Cantwell Kennedy Reid (A) in subparagraph (B), by striking ‘‘and’’ Carper Kerry Mr. GRASSLEY. Mr. President, I am Rockefeller at the end; Chafee Kohl shocked anybody from the other side of Salazar Clinton Landrieu (B) in subparagraph (C), by striking the pe- Sarbanes the aisle would raise any questions Conrad Lautenberg riod at the end and inserting ‘‘; and’’; and against the policy we have in our bill. Dayton Leahy Schumer (C) by adding at the end the following new This is not a Republican policy. This is DeWine Levin Stabenow subparagraph: Wyden not a Bush administration policy. This Dodd Lieberman ‘‘(D) The report commissioned by Congress Dorgan Lincoln is a policy that was offered by the pre- from the Institute of Medicine of the Na- vious administration, the Clinton ad- NAYS—52 tional Academy of Sciences, titled ‘Unequal Treatment: Confronting Racial and Ethnic Alexander Brownback Cochran ministration. The targeted case man- Disparities in Health Care’.’’; and agement provision of this bill merely Allard Bunning Coleman Allen Burns Collins (3) in subsection (d)(2), by inserting ‘‘ex- codifies that policy that was offered by Bennett Burr Cornyn perts in minority health,’’ after ‘‘govern- the Clinton administration. I have a Bond Chambliss Craig ment agencies,’’.

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.096 S03NOPT1 S12322 CONGRESSIONAL RECORD — SENATE November 3, 2005 AMENDMENT NO. 2420 The 2003 Institute of Medicine report, Mr. REED. Mr. President, I call up (Purpose: To convert the Digital Transition Unequal Treatment, recommended that amendment No. 2396. and Public Safety Fund program payment the ‘‘collection, reporting, and moni- The PRESIDING OFFICER. Without amounts into limitations, and for other toring of patient care data by health objection, it is so ordered. The clerk purposes) plans and federal, and state payors will report. On page 94, line 7, after ‘‘(1)’’ insert ‘‘not to should be encouraged’’ to move to- The assistant journal clerk read as exceed’’. On page 94, line 13, after ‘‘(2)’’ insert ‘‘not wards eliminating health disparities. follows: to exceed’’. My amendment to section 6110 S. 1932 The Senator from Rhode Island [Mr. REED] On page 94, line 19, after ‘‘(3)’’ insert ‘‘not addresses this IOM recommendation to proposes an amendment numbered 2396. to exceed’’. more specifically encourage the collec- The amendment is as follows: On page 95, line 1, after ‘‘(4)’’ insert ‘‘not to tion and reporting of health care qual- (Purpose: To strike subtitle C of title II exceed’’. On page 95, line 4, after ‘‘(5)’’ insert ‘‘not to ity data for both majority and minor- relating to FHA asset disposition) exceed’’. ity groups as Medicare Value-Based On page 86, strike line 22 and all that fol- On page 95, beginning in line 10, strike Purchasing Programs are being devel- lows through page 90, line 19. ‘‘The amounts payable’’ and insert ‘‘Any oped and established. Mr. REED. Mr. President, my amend- amounts that are to be paid’’. My amendment encourages the Sec- ment would restore the ability of HUD On page 95, line 12, after the period insert retary of the Department of Health and to preserve and rehabilitate affordable ‘‘Any amount in the Fund that is not obli- Human Services to focus on diseases gated under subsection (c) by that date shall housing. be transferred to the general fund of the where there are disparities between The FHA upfront grant and below- Treasury.’’. majority and minority groups. Diseases market sales programs are designed to AMENDMENT NO. 2386 such as infant mortality, diabetes, help local governments purchase FHA (Purpose: To ensure that amounts are not heart disease, breast cancer, cervical foreclosed multifamily properties in obligated out of the Digital Transition and cancer, HIV/AIDS, childhood immuni- order to preserve and rehabilitate these Public Safety Fund until the proceeds of zations, and adult immunizations are units into affordable housing. the auction are actually deposited by the all disproportionately problematic in Currently, the money for this pro- FCC) minority patient groups. They must be gram comes from the FHA General In- On page 95, line 12, after the period insert considered in any systematic attempt surance Fund, not from appropriations. ‘‘The Secretary may not obligate any to measure and improve health care This gives HUD significant flexibility amounts from the Fund until the proceeds of quality. the auction authorized by section in providing these funds if the need 309(j)(15)(C)(v) are actually deposited by the My amendment also encourages the arises. Commission pursuant to subsection (b).’’. collection of specific data on patient The proposal before us today will re- Mr. LIEBERMAN. Mr. President, a characteristics that are key to meas- strict HUD from using the FHA Gen- very important provision is being uring and collecting data on health eral Insurance Fund to support both passed in this year’s reconciliation bill care quality. Collecting information on the below-market sales program and establishing Medicare Value-Based gender, race/ethnicity, language spo- the upfront grant program. It is a pro- Purchasing Programs. Value-based pur- ken, and insurance status are encour- gram of about $50 million a year. chasing brings a pay-for-performance aged. Without this information, we will My amendment would strike the lan- provision to Medicare. Senator GRASS- not have any way of knowing whether guage prohibiting the use of these LEY and Senator BAUCUS and the Fi- or not disparities between majority funds to allow them the flexibility to nance Committee staff on both sides of and minority groups are decreasing. continue this program. Because it the aisle have pushed forward an initia- In the existing provisions of section strikes language, no supermajority tive that has been needed for a long 6110, the Secretary of the Department vote is necessary, and no offset is nec- time in American health care. I ap- of Health and Human Services will essary. plaud them for their efforts. work with various expert groups in de- I retain the remainder of my time. A recent study published in the New velopment and implementing quality The PRESIDING OFFICER. The Sen- England Journal of Medicine found measurement systems. However, ex- ator from Alabama. that less than 55 percent of patients in perts in minority health are not cur- Mr. SHELBY. Mr. President, I rise in America receive appropriate medical rently included in the legislation. My opposition to the Reed amendment. In care. This means that if you go to the amendment ensures that experts in mi- the Banking Committee, as part of the doctor and have pneumonia there is a nority health will be included in devel- reconciliation process, we save, in this good chance you may not receive the oping and implementing a health care instance, $270 million. This proposal right antibiotic; or CPR might be per- quality measurement system. simply makes the FHA’s use of rehab formed on a patient with the incorrect Lastly, my amendment would reward grants and below-market sales subject number of breaths; or you may not re- hospitals, physicians, clinics, and home to appropriations. ceive the best surgery for your heart health care providers, among other If these programs are, in fact, bene- condition. Americans are not system- groups that demonstrate improvement ficial—some of them are—appropria- atically receiving appropriate medical in quality of care for patient subgroups tions can still be granted in the future, treatment. And receiving appropriate and minorities. and using the appropriations process medical treatment should not be a I thank Senators GRASSLEY and BAU- allows the Congress to better oversee matter of luck. CUS and the Finance Committee staff the use of these dollars and to ensure We know that it is too easy for for working with us to try to focus nec- that our resources are well spent. Americans to get inappropriate med- essary attention on the health care I urge my colleagues to oppose this ical care. But there are patient groups needs of all Americans. This would amendment. This $270 million is a lot throughout our country that are in mark the first time our Federal Gov- of savings that we can put forth today. even more medical danger. Disparities ernment made a commitment to im- Mr. GREGG. Mr. President, I ask for in health care quality in minority proving the quality of health care that the yeas and nays. groups are well documented. This minority groups—our constituents— The PRESIDING OFFICER (Mr. would mean that a Hispanic or African- are receiving. I believe this ground- CHAFEE). Is there a sufficient second? American male is less likely to receive breaking legislation to bring pay-for- There appears to be a sufficient sec- the right medication for a heart condi- performance accountability to Medi- ond. tion than a White male. These findings care is an important step forward and I If all time is yielded back, the ques- are not related to income, insurance believe it will be much more powerful tion is on agreeing to the amendment. status, age, or what hospital a person and have much greater impact if we The clerk will call the roll. goes to, among other factors. Special tackle how to eliminate racial and eth- The assistant journal clerk called the attention must be paid to minority pa- nic disparities in health care. roll. tient groups in our current efforts to Mr. GREGG. Mr. President, we now Mr. DURBIN. I announce that the improve the quality of medical care in turn to Senator REED for his second Senator from New Jersey (Mr. CORZINE) the U.S. amendment. is necessarily absent.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.060 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12323 The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without proved applications under this section based any other Senators in the Chamber de- objection, it is so ordered. on their applications and the availability of siring to vote? The amendment is as follows: funds. The result was announced—yeas 48, (Purpose: To provide for a demonstration (4) PAYMENTS TO STATES.—The Secretary shall pay to each State, from its allocation nays 51, as follows: project regarding medicaid coverage of low-income HIV-infected individuals) under paragraph (3), an amount each quarter [Rollcall Vote No. 301 Leg.] equal to the enhanced Federal medical as- On page 188, after line 24, add the fol- YEAS—48 sistance percentage described in section lowing: Akaka Dorgan Lincoln 2105(b) of the Social Security Act (42 U.S.C. SEC. 6037. DEMONSTRATION PROJECT REGARD- Baucus Durbin Mikulski 1397ee(b)) of expenditures in the quarter for ING MEDICAID COVERAGE OF LOW- Bayh Feingold Murray INCOME HIV-INFECTED INDIVID- medical assistance provided to HIV-infected Biden Feinstein Nelson (FL) UALS. individuals who are eligible for such assist- Bingaman Harkin Nelson (NE) (a) REQUIREMENT TO CONDUCT DEMONSTRA- ance under a State Medicaid program in ac- Bond Inouye Obama cordance with the demonstration project es- Boxer Jeffords Pryor TION PROJECT.— Byrd Johnson Reed (1) IN GENERAL.—The Secretary shall estab- tablished under this section. Cantwell Kennedy Reid lish a demonstration project under which a (e) EVALUATION AND REPORT.— Carper Kerry Rockefeller State may apply under section 1115 of the (1) EVALUATION.—The Secretary shall con- Chafee Kohl Salazar Social Security Act (42 U.S.C. 1315) to pro- duct an evaluation of the demonstration Clinton Landrieu Sarbanes vide medical assistance under a State med- project established under this section. Such Conrad Lautenberg Schumer icaid program to HIV-infected individuals evaluation shall include an analysis of the Dayton Leahy Specter cost-effectiveness of the project and the im- DeWine Levin Stabenow described in subsection (b) in accordance Dodd Lieberman Wyden with the provisions of this section. pact of the project on the Medicare, Med- (2) LIMITATION ON NUMBER OF APPROVED AP- icaid, and Supplemental Security Income NAYS—51 PLICATIONS.—The Secretary shall only ap- programs established under titles XVIII, Alexander Dole McCain prove as many State applications to provide XIX, and XVI, respectively, of the Social Se- Allard Domenici McConnell medical assistance in accordance with this curity Act (42 U.S.C. 1395 et seq., 1396 et seq., Allen Ensign Murkowski section as will not exceed the limitation on 1381 et seq.). Bennett Enzi Roberts aggregate payments under subsection (2) REPORT TO CONGRESS.—Not later than Brownback Frist Santorum (d)(2)(A). December 31, 2010, the Secretary shall sub- Bunning Graham Sessions Burns Grassley Shelby (3) AUTHORITY TO WAIVE RESTRICTIONS ON mit a report to Congress on the results of the Burr Gregg Smith PAYMENTS TO TERRITORIES.—The Secretary evaluation of the demonstration project es- Chambliss Hagel Snowe shall waive the limitations on payment tablished under this section. Coburn Hatch Stevens under subsections (f) and (g) of section 1108 (f) EFFECTIVE DATE.—This section shall Cochran Hutchison Sununu of the Social Security Act (42 U.S.C. 1308) in take effect on January 1, 2006. Coleman Inhofe Talent the case of a State that is subject to such SEC. 6038. ADDITIONAL INCREASE IN REBATE Collins Isakson Thomas limitations and submits an approved applica- FOR SINGLE SOURCE AND INNO- Cornyn Kyl Thune tion to provide medical assistance in accord- VATOR MULTIPLE SOURCE DRUGS. Craig Lott Vitter Section 1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r– Crapo Lugar Voinovich ance with this section. DeMint Martinez Warner (b) HIV-INFECTED INDIVIDUALS DE- 8(c)(1)(B)(i)(VI)), as added by section SCRIBED.—For purposes of subsection (a), 6002(a)(3), is amended by striking ‘‘17’’ and NOT VOTING—1 HIV-infected individuals described in this inserting ‘‘17.8’’. Corzine subsection are individuals who are not de- Mr. SMITH. The amendment I am of- The amendment (No. 2396) was re- scribed in section 1902(a)(10)(A)(i) of the So- fering authorizes $450 million for State cial Security Act (42 U.S.C. demonstration projects to provide Med- jected. 1396a(a)(10)(A)(i))— Mr. GREGG. Mr. President, I move to (1) who have HIV infection; icaid coverage to low-income individ- reconsider the vote. (2) whose income (as determined under the uals living with HIV. It is similar to S. Mr. ENSIGN. I move to lay that mo- State Medicaid plan with respect to disabled 311, Early Treatment for HIV Act. I in- tion on the table. individuals) does not exceed 200 percent of troduced this earlier this year with The motion to lay on the table was the poverty line (as defined in section strong support of 33 of my colleagues. agreed to. 2110(c)(5) of the Social Security Act (42 As Medicaid generally covers only Mr. GREGG. I ask unanimous con- U.S.C. 1397jj(c)(5)); and those disabled by full-blown AIDS, the sent that Senator SMITH be allowed to (3) whose resources (as determined under amendment would vastly improve the the State Medicaid plan with respect to dis- offer an amendment. treatment available to some of our Mr. CONRAD. Reserving the right to abled individuals) do not exceed the max- imum amount of resources a disabled indi- most vulnerable citizens. object. vidual described in section 1902(a)(10)(A)(i) of With more States having difficulty The PRESIDING OFFICER. The Sen- such Act may have and obtain medical as- maintaining their AIDS drug assist- ator from North Dakota. sistance under such plan. ance program, it is imperative that we Mr. CONRAD. Could we also put in (c) LENGTH OF PERIOD FOR PROVISION OF provide alternative methods of deliv- order my amendment? MEDICAL ASSISTANCE.—A State shall not be ering treatment to those individuals approved to provide medical assistance to an Mr. GREGG. And at a later date, Sen- with HIV who are living in poverty. It ator CONRAD be put on the list of Sen- HIV-infected individual in accordance with the demonstration project established under is simply the right thing to do. I ask ators who can offer an amendment. for my colleagues’ support for this fis- The PRESIDING OFFICER. Is there this section for a period of more than 5 con- secutive years. cally and morally defensible policy. objection? (d) LIMITATIONS ON FEDERAL FUNDING.— Mr. GREGG. I ask for a voice vote. Without objection, it is so ordered. (1) APPROPRIATION.— The PRESIDING OFFICER. Is all The Senator from Oregon. (A) IN GENERAL.—Out of any funds in the time yielded back? AMENDMENT NO. 2390 Treasury not otherwise appropriated, there Mr. GREGG. Yes. Mr. SMITH. I ask unanimous consent is appropriated to carry out this section, The PRESIDING OFFICER. The to call up amendment No. 2390. I also $450,000,000 for the period of fiscal years 2006 question is on agreeing to the amend- ask unanimous consent that Senator through 2010. (B) BUDGET AUTHORITY.—Subparagraph (A) ment. FEINGOLD be added as a cosponsor to constitutes budget authority in advance of The amendment (No. 2390) was agreed my amendment. I am already pleased appropriations Act and represents the obli- to. that Senator CLINTON is a cosponsor. gation of the Federal Government to provide Mr. GREGG. Mr. President, I move to The PRESIDING OFFICER. The for the payment of the amounts appropriated reconsider the vote and lay that mo- clerk will report. under that subparagraph. tion on the table. The assistant legislative clerk read (2) LIMITATION ON PAYMENTS.—In no case The motion to lay on the table was as follows: may— agreed to. (A) the aggregate amount of payments The Senator from Oregon [Mr. SMITH], for AMENDMENT NO. 2371 made by the Secretary to eligible States himself, Mrs. CLINTON, and Mr. FEINGOLD, Ms. SNOWE. Mr. President, I call up proposes an amendment numbered 2390. under this section exceed $450,000,000; or (B) payments be provided by the Secretary amendment 2371 and ask for its imme- Mr. SMITH. Mr. President, I ask under this section after September 30, 2010. diate consideration. unanimous consent that the reading of (3) FUNDS ALLOCATED TO STATES.—The Sec- The PRESIDING OFFICER. The the amendment be dispensed with. retary shall allocate funds to States with ap- clerk will report.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.059 S03NOPT1 S12324 CONGRESSIONAL RECORD — SENATE November 3, 2005 The assistant journal clerk read as to now up to $720 billion for the Part D requires that the HHS Secretary do so follows: Program. for covered part D drugs for each fall- The Senator from Maine [Ms. SNOWE], for As we see in this first chart, the back prescription drug plan—plans herself, Mr. WYDEN, Mr. MCCAIN, Ms. brand-named prices are consistently where the Federal Government is as- STABENOW, and Mrs. CLINTON, proposes an outpacing inflation because they have suming the risk—and upon the request amendment numbered 2371. no competition. As we can see with the of an approved prescription drug plan Ms. SNOWE. Mr. President, I ask generic drugs, where there is competi- or a medicare advantage prescription unanimous consent that the reading of tion, the price is lower. We want to drug plan. the amendment be dispensed with. give the Secretary of Health and What the amendment does not do is The PRESIDING OFFICER. Without Human Services the ability to nego- require the Secretary to set drug prices objection, it is so ordered. tiate prices, particularly for those sen- or formularies. I have heard the argu- The amendment is as follows: iors who will not have access to more ment that this amendment will result (Purpose: To amend title XVIII of the Social than two prescription drug plans or in price controls. That argument has Security Act to provide the authority for where the plans ask for negotiating au- been made time and time again by drug negotiating fair prices for medicare pre- thority. companies who would rather profit scription drugs) This is not price setting. This is price from the Federal Government paying After section 6115, insert the following: saving. In fact, we have explicit lan- too much for drugs than allow the Fed- SEC. 6116. NEGOTIATING FAIR PRICES FOR MEDI- guage in the legislation that says this eral Government to use its purchasing CARE PRESCRIPTION DRUGS. is not about price setting. It does not power to negotiate for the best deals on (a) IN GENERAL.—Section 1860D–11 (42 give the Secretary that authority. It drug prices. U.S.C. 1395w–111) is amended by striking sub- allows him to save money for the Part The reality is that this amendment section (i) (relating to noninterference) and specifically states that the Secretary inserting the following: D Program that is expected and pro- may not require a particular formulary ‘‘(i) AUTHORITY TO NEGOTIATE PRICES WITH jected to increase in cost by more than MANUFACTURERS.— 8.5 percent as called for by the Congres- or institute a price structure for the ‘‘(1) IN GENERAL.—Subject to paragraph (4), sional Budget Office. That is the CBO’s reimbursement of covered part D in order to ensure that beneficiaries enrolled very own numbers. drugs. under prescription drug plans and MA–PD Finally, 80 percent of seniors in I have also heard the argument that plans pay the lowest possible price, the Sec- America have called for the Secretary the Secretary won’t be able to nego- retary shall have authority similar to that to have this authority. tiate better drug prices than private of other Federal entities that purchase pre- plans currently do. I come from a State scription drugs in bulk to negotiate con- Mrs. FEINSTEIN. Mr. President, I rise today to voice my support for with the largest purchasing power in tracts with manufacturers of covered part D the country for drugs in its Medicaid drugs, consistent with the requirements and amendment No. 2371 offered by Sen- in furtherance of the goals of providing qual- ators SNOWE and WYDEN, which I am program and it is clear that the size of ity care and containing costs under this pleased to cosponsor. The amendment California’s market has helped Califor- part. ensures that the Health and Human nia’s ability to negotiate more com- ‘‘(2) MANDATORY RESPONSIBILITIES.—The Services, HHS Secretary has an active petitive drug prices in Medicaid. But don’t take my word for it. In Secretary shall be required to— role in managing the costs of the ‘‘(A) negotiate contracts with manufactur- 2004, CBO stated, ‘‘giving the Secretary newly-created Medicare prescription ers of covered part D drugs for each fallback an additional tool—the authority to drug program, part D, by striking lan- prescription drug plan under subsection (g); negotiate prices with manufacturers of guage in the Medicare Modernization and such drugs—would put greater pressure Act of 2003 that prohibits the HHS Sec- ‘‘(B) participate in negotiation of contracts on those manufacturers and could of any covered part D drug upon request of retary from using the bulk purchasing produce some additional savings.’’ an approved prescription drug plan or MA– power of the Federal Government to With respect to sole source drugs, CBO PD plan. obtain prescription drugs at the lowest went on to say, ‘‘there is potential for ‘‘(3) RULE OF CONSTRUCTION.—Nothing in possible cost to taxpayers. paragraph (2) shall be construed to limit the some savings if the Secretary were to On the eve of the vote on the final authority of the Secretary under paragraph have the authority to negotiate prices Medicare bill, my colleague Senator (1) to the mandatory responsibilities under with manufacturers of single-source WYDEN and I agreed that this prohibi- paragraph (2). drugs that do not face competition tion language, also referred to as ‘‘the ‘‘(4) NO PARTICULAR FORMULARY OR PRICE from therapeutic alternatives.’’ STRUCTURE.—In order to promote competi- noninterference clause,’’ was a major Prescription drug prices for existing tion under this part and in carrying out this flaw in the overall bill. Although we drugs—these are not new drugs, but old part, the Secretary may not require a par- both voted in favor of the bill because ticular formulary or institute a price struc- ones—have been rising at two to three it afforded seniors and the disabled the times the inflation rates, according to ture for the reimbursement of covered part D first-ever opportunity to voluntarily drugs.’’. the Government Accountability Office. sign up for a drug benefit in Medicare, (b) EFFECTIVE DATE.—The amendment So I ask the question: Why are we not made by this section shall take effect as if we agreed to work to repeal this prohi- doing everything in our power to en- included in the enactment of section 101 of bition language in the bill. I have been sure the Federal Government is getting the Medicare Prescription Drug, Improve- pleased to join with Senators SNOWE the lowest prices for drugs? ment, and Modernization Act of 2003 (Public and WYDEN on legislation the past two Law 108–173). The Snowe-Wyden amendment en- Congresses to do just that. sures fiscal responsibility in an entitle- Ms. SNOWE. Mr. President, I ask Since casting my vote on the final ment program whose escalating costs unanimous consent that Senator CLIN- Medicare bill which, at the time, I be- pose a very serious problem for future TON be added as a cosponsor. lieved was for a $400 billion bill, we generations. I am pleased to be a co- The PRESIDING OFFICER. Without have all learned that more accurate es- sponsor of this amendment and urge objection, it is so ordered. timates of the cost of the overall bill my colleagues to support the amend- Ms. SNOWE. Mr. President, I am of- were withheld from Congress and that ment. fering this amendment on behalf of my- the true cost of the bill will now exceed The PRESIDING OFFICER. The Sen- self and Senator WYDEN, who has of- $720 billion over the next 10 years. Now, ator’s time has expired. fered considerable leadership on this more than ever, Congress must do ev- Ms. SNOWE. The former Secretary of issue over the years providing afford- erything it can to ensure that the gov- HHS said: I would like to have had the able medications to our seniors, along ernment and taxpayer dollars are get- opportunity to negotiate. with Senator MCCAIN and Senator ting the best deal out there on the cost Let us give this power to the Sec- STABENOW. So many of us in Congress of drugs covered by Medicare. retary to save money for the program have worked to make prescription drug That is what this amendment will do. and to save money for seniors. coverage a part of the Medicare Pro- The amendment strikes the so-called The PRESIDING OFFICER. Who gram, but the fact remains that the ‘‘noninterference’’ clause, gives the yields time in opposition? costs are rising since the time we first HHS Secretary authority to negotiate Mr. GREGG. I yield to the Senator created this program, from $523 billion prices with drug manufacturers, and from Iowa.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.106 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12325 The PRESIDING OFFICER. The Sen- Ensign Kyl Shelby The amendment (No. 2408) was re- Enzi Lott Smith ator from Iowa. Frist Lugar Stevens jected. Mr. GRASSLEY. Mr. President, the Grassley Martinez Sununu Mr. GREGG. Mr. President, I move to fact is that the Government does not Gregg McConnell Talent reconsider the vote, and I move to lay negotiate prices, it sets prices. The sec- Hagel Murkowski Thomas that motion on the table. Hatch Nelson (NE) Thune ond thing is that we set in place in the Hutchison Roberts Vitter The motion to lay on the table was Medicare bill plans to negotiate prices, Inhofe Santorum Voinovich agreed to. and we know now from experience, and Isakson Sessions Warner Mr. GREGG. At this point, I believe I did not know it when this amendment NOT VOTING—1 the Senator from North Dakota has an was offered before, that these plans are Corzine amendment to offer. negotiating prices that are much lower The PRESIDING OFFICER. On this AMENDMENT NO. 2422 for beneficiaries and the taxpayers vote, the ayes are 51, the nays are 48. Mr. CONRAD. Mr. President, I call up than we even anticipated when we Three-fifths of the Senators duly cho- amendment 2422. passed the bill 2 years ago. sen and sworn not having voted in the The PRESIDING OFFICER. The One thing that ought to be taken affirmative, the motion is rejected. clerk will report. into consideration is the fact that The point of order is sustained, and the The Journal clerk read as follows: there is no savings from this amend- amendment falls. The Senator from North Dakota [Mr. ment. I would like to quote from The Mr. GREGG. I move to reconsider the CONRAD], for himself and Mr. SALAZAR, pro- Washington Post, February 17: Govern- vote, and I move to lay that motion on poses an amendment numbered 2422. ments are notoriously bad for setting the table. Mr. CONRAD. I ask unanimous con- prices, and the U.S. Government is no- The motion to reconsider was laid on sent the reading of the amendment be toriously bad at setting prices in the the table. dispensed with. medical realm. Mr. GREGG. I would now like to turn The PRESIDING OFFICER. Without We need to defeat this amendment as to the amendment of Senator CORNYN. objection, it is so ordered. we defeated it a few months ago. The PRESIDING OFFICER. The Sen- The amendment is as follows: ator from Texas. Ms. SNOWE. I ask unanimous con- (Purpose: To ensure Medicaid enrollees have AMENDMENT NO. 2408 sent to add Senator KERRY and Senator access to small, independent pharmacies DODD as cosponsors. Mr. CORNYN. I call up amendment located in rural and frontier areas) No. 2408 and ask for its immediate con- The PRESIDING OFFICER. Without On page 121, after line 25, add the fol- objection, it is so ordered. sideration. lowing: The PRESIDING OFFICER. The Mr. GRASSLEY. Mr. President, the ‘‘(5) RULES APPLICABLE TO CRITICAL ACCESS clerk will report. RETAIL PHARMACIES.— amendment is not germane to the The assistant legislative clerk read measure before the Senate so I raise a ‘‘(A) REIMBURSEMENT LIMITS.—Notwith- as follows: standing paragraph (2)(A), in the case of a point of order under section 305 of the The Senator from Texas [Mr. CORNYN] pro- critical access retail pharmacy (as defined in Budget Act. poses an amendment numbered 2408. subparagraph (C)), the upper payment Ms. SNOWE. Mr. President, I move to Mr. CORNYN. I ask unanimous con- limit— waive that. sent that further reading of the amend- ‘‘(i) for the ingredient cost of a single I ask for the yeas and nays. ment be dispensed with. source drug, is the lesser of— The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without ‘‘(I) 108 percent of the average manufac- turer price for the drug; or sufficient second? objection, it is so ordered. There appears to be a sufficient sec- ‘‘(II) the wholesale acquisition cost for the The amendment is as follows: drug; and ond. (Purpose: To eliminate the converter box ‘‘(ii) for the ingredient cost of a multiple The question is on agreeing to the subsidy program) source drug, is the lesser of— motion. On page 94, strike line 7 through 12. ‘‘(II) 140 percent of the weighted average The clerk will call the roll. Mr. CORNYN. Mr. President, in 1928, manufacturer price for the drug; or The assistant legislative clerk called Herbert Hoover ran for President based ‘‘(II) the wholesale acquisition cost for the the roll. on the slogan ‘‘a chicken in every pot drug. Mr. DURBIN. I announce that the and a car in every garage.’’ ‘‘(B) APPLICATION OF OTHER PROVISIONS.— Under the provisions of this bill, the The preceding provisions of this subsection Senator from New Jersey (Mr. CORZINE) shall apply with respect to reimbursement to is necessarily absent. American taxpayer is being asked to a critical access retail pharmacy in the same The PRESIDING OFFICER. Are there subsidize television—digital television manner as such provisions apply to reim- any other Senators in the Chamber de- to be specific—to the tune of $3 billion. bursement to other retail pharmacies except siring to vote? I congratulate the leadership and that, in establishing the dispensing fee for a The yeas and nays resulted—yeas 51, particularly Chairman GREGG for the critical access pharmacy the Secretary, in nays 48, as follows: good work he has done trying to save addition to the factors required under para- the beleaguered American taxpayer graph (4), shall include consideration of the [Rollcall Vote No. 302 Leg.] quite a bit of money and to reduce the costs associated with operating a critical ac- YEAS—51 Federal deficit. What we are being cess retail pharmacy. Akaka Dorgan Lincoln asked to do here, what the taxpayers ‘‘(C) CRITICAL ACCESS RETAIL PHARMACY DE- Bayh Durbin McCain FINED.—For purposes of subparagraph (A), Biden Feingold Mikulski are being asked to suffer is a transfer the term ‘critical access retail pharmacy’ Bingaman Feinstein Murray of money from their pocket basically means an retail pharmacy that is not within Boxer Graham Nelson (FL) to the living rooms of the television- a 20-mile radius of another retail phar- Brownback Harkin Obama watching public so we can transition macy.’’. Byrd Inouye Pryor Cantwell Jeffords Reed from analog to digital TV. But to make (2) INCREASE IN BASIC REBATE FOR SINGLE Carper Johnson Reid things even more ironic, what this $3 SOURCE DRUGS AND INNOVATOR MULTIPLE Chafee Kennedy Rockefeller billion is supposed to do is to provide SOURCE DRUGS.—Section 1927(c)(1)(B)(i)(VI) Clinton Kerry Salazar converters so they can take the digital (42 U.S.C. 1396r–8(c)(1)(B)(i)(VI), as added by Coburn Kohl Sarbanes signal and transition it back to the section 6002(a)(3), is amended by striking Collins Landrieu Schumer ‘‘17’’ and inserting ‘‘18.1’’. Conrad Lautenberg Snowe analog and reverse the action of this Dayton Leahy Specter Congress. It makes no sense. We can do Mr. CONRAD. Mr. President, in the DeWine Levin Stabenow interest of time, very briefly, this is to Dodd Lieberman Wyden better than this. I urge my colleagues to support the help rural remote pharmacies with NAYS—48 amendment. modestly enhanced reimbursement. I Alexander Bunning Cornyn Mr. GREGG. Mr. President, I ask for very much thank my colleagues on Allard Burns Craig a voice vote. both sides of the aisle who have agreed Allen Burr Crapo The PRESIDING OFFICER. If all to support this amendment. I espe- Baucus Chambliss DeMint Bennett Cochran Dole time is yielded back, the question is on cially thank the chairman of the Fi- Bond Coleman Domenici agreeing to the amendment. nance Committee for his support.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.108 S03NOPT1 S12326 CONGRESSIONAL RECORD — SENATE November 3, 2005 Mr. GREGG. I urge the amendment him the intent of the bill regarding dis- Mr. GRASSLEY. Senator ROCKE- be agreed to. pensing fees and respond to some of his FELLER, I share your concerns about The PRESIDING OFFICER. Is all concerns. I agree that States will need the Section 1115 waivers recently nego- time yielded back? to review and increase the fees that tiated by CMS and several States, in- Mr. GREGG. Yes. they pay pharmacies for dispensing cluding Florida and Vermont. I am also The PRESIDING OFFICER. The Medicaid prescriptions. We want to be concerned about pending waivers being question is on agreeing to the amend- sure that Medicaid recipients can con- negotiated in South Carolina, Ken- ment. tinue to have access to prescription tucky, Georgia and West Virginia. The amendment (No. 2422) was agreed medications from their local phar- Medicaid is a joint Federal-State part- to. macies. Coming from a rural State, I nership in all respects, including its fi- AMENDMENT NO. 2392 know that many of my constituents nancing, and both Congress and bene- Mr. GREGG. Mr. President, I wish to rely on pharmacies for health care ficiaries should be aware of the extent reiterate my statement which was in- services and the pharmacist may be the to which CMS is negotiating waivers advertently omitted from yesterday’s only health care professional for many with States that modify the Federal- RECORD with regard to amendment No. miles. State financing relationship or the 2392 that we will support an effort to The overall assumptions made in the Federal guarantee of health benefits. pass legislation to make the technical bill is that States will increase their CMS has taken several steps to im- change deleted from our bill in a more dispensing fees to account for the fact prove the waiver information available appropriate vehicle. that States would probably be paying on its website since early 2002. How- PHARMACY DISPENSING FEES pharmacists a lower amount for the ever, as you pointed out at the Finance Mr. REED. Mr. President, I engage drug product that more accurately re- Committee hearing last week, CMS my colleague, the Chairman of the Sen- flects the cost of the drug product that does not post notification on their ate Finance Committee, in a colloquy is being dispensed. The amount of the website when they have received for- about his intent regarding Medicaid dispensing fee increase will depend on mal or informal communication from a pharmacy dispensing fees in the Med- many factors in each State. State regarding a waiver and the icaid pharmacy reimbursement reform We expect that each State will regu- ‘‘State Waiver Programs and Dem- section of the Budget Reconciliation larly undertake surveys of current onstrations’’ portion of the website is Act. pharmacy dispensing costs to deter- not updated by CMS on a regular basis. As I understand the intent of these mine their dispensing fees, and that Mr. BAUCUS. Senator GRASSLEY, I provisions, States are required to pay such costs would include those that are think it is more than just a question of dispensing fees to pharmacies for Med- listed in the bill. States would set their transparency. It is also a question of icaid prescriptions, but there are no dispensing fees based on those surveys. legality. In many cases, the content of specific minimum fees set forth in the We also expect that States will pay the waivers that CMS is negotiating bill. States are given some guidance re- pharmacies a reasonable return for dis- fundamentally alters the Federal guar- garding the factors to use when setting pensing Medicaid prescriptions. antee of Medicaid benefits. This is not the fees, but there are no requirements Our expectation is that States will do the intended purpose of Medicaid dem- to do anything more than take those all they can to encourage the dis- onstration authority. Section 1115 factors into ‘‘consideration’’ when set- pensing of generic drugs in Medicaid. It waiver authority allows the Secretary ting fees. is my expectation that States will set of the Department of Health and I am concerned that the States will significantly higher fees for generics Human Services to waive certain provi- not be able to accurately account for than for brands, such as one and a half sions of the Medicaid program if the these factors when setting these dis- or twice the brand name fee. If an inno- changes are determined to ‘‘promote pensing fees. As a consequence, phar- vator multiple source drug is less than the objectives’’ of Medicaid. I am con- macies will be paid significantly less or equal to the cost of a generic, then cerned that the current waivers being for the drug product that they provide the State should pay the generic dis- approved by CMS go well beyond CMS’ to Medicaid recipients. This could pensing fee for that drug. authority and that Congress should be make it difficult for Medicaid recipi- Mr. REED. I thank the Chairman for more vigilant in its oversight. ents to continue to obtain their pre- his clarification regarding dispensing Mr. GRASSLEY. Senator BAUCUS, I scription medications from their neigh- fees. I look forward to working with certainly appreciate your views on this borhood pharmacy, and many phar- you as this process moves forward to issue. You and I have worked hard over macies may have to close or reduce ensure that any reforms in the Med- the last couple of years to improve hours. The total payment to phar- icaid pharmacy payment system will Medicaid waiver transparency, and I macies for the drug product and dis- provide adequate reimbursement to think we have made some progress. pensing fee must be adequate to pay pharmacies for dispensing Medicaid But, I understand your desire to do pharmacies to buy the drug, dispense prescriptions since beneficiary access more. I want to continue working with the medication, and have a reasonable to lifesaving medications depends on you to ensure that the Senate Finance return. It is my understanding that pharmacies to dispense them. Committee fulfills its oversight obliga- States would have to pay double or tri- MEDICAID WAIVERS tion in this area. I also think that the ple the dispensing fees currently being Mr. ROCKEFELLER. Last month, Medicaid waiver amendment that Sen- paid to he pharmacies just to break the Centers for Medicare and Medicaid ator ROCKEFELLER is offering has even. Services—CMS, approved a comprehen- merit, and I would like to continue I am also concerned that States do sive Section 1115 waiver for the State working with him to improve the waiv- not have any guidance or direction in of Florida, the latest in a string of er information available on CMS’ the bill on how to set their dispensing waivers that allows States to dramati- website. fees for generic drugs in relation to cally reshape the financing and entitle- Mr. ROCKEFELLER. Chairman brand name drugs. While the bill does ment guarantees established by law in GRASSLEY, I thank you for your will- say that States should set dispensing the Medicaid program. These far-reach- ingness to work with me. This is a fees for non innovator multiple source ing Medicaid waivers are generally ne- matter of good government. The Gov- drugs higher than innovator multiple gotiated in secret without input from ernment Accountability Office has pub- source drugs that are therapeutically the very beneficiaries who would be af- lished several reports which indicate equivalent and bioequivalent, I urge fected by such drastic changes to the that the Department of Health and that the language require that fees for program. That is why I have filed an Human Services has failed to follow its generic drugs in general be set higher amendment to this budget reconcili- own policy on providing opportunities than fees for brand name drugs. This ation bill that will require CMS to post for the public to learn about and com- will encourage the dispensing of ge- public notification on their website ment on pending waiver requests. Con- neric drugs which can be one-fifth the within 5 business days whenever a gress has a responsibility to assert its cost of a brand name drug. State submits a waiver concept paper oversight authority on Section 1115 Mr. GRASSLEY. I thank the Senator for feedback or a formal waiver pro- waivers because Medicaid is too impor- for his concerns and want to clarify for posal for discussion and review. tant a program to allow it to be waived

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.111 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12327 away through secret negotiations and Within the system, pharmaceutical the wrong priorities and irresponsible without input from those who will be distributors are able to reduce the cost policies. affected or their advocates. by minimizing the overall number of As a result, we now have encountered MEDICAID PHARMACY, REIMBURSEMENT FOR transactions required to distribute pre- years of record deficits that have con- PRESCRIPTIONS scription drugs, over-the-counter prod- tributed to $3 trillion added to our Mr. VOINOVICH. Mr. Chairman, I ap- ucts, and medical supplies. Nationally, country’s debt. Moreover, under Presi- plaud your leadership on the Medicare wholesalers serve more than 130,000 dent Bush’s watch, American debt to and Medicaid portion of this reconcili- customers. The typical distributor pur- foreigners has doubled. Japan holds ation package and am committed to chases products from an average of 850 $680 billion of our debt, China holds working with you to achieve reduc- vendors. These distributors take own- $240 billion, and the Carribean Banking tions in mandatory spending programs ership of the products and responsi- Centers hold over $100 billion. Increas- under your jurisdiction as instructed in bility for warehousing and distributing ingly, our fate is in the hands of their the congressional budget resolution. I individual orders to retail pharmacies central banks and investors. believe that it is necessary to maintain and other sites of care on a daily basis. We must take action so that we don’t fiscal constraint and recognize the dif- This efficient model ensures that phar- put this burden on our Nation’s future ficult task involved in achieving that macies have pharmaceutical products generations. The budget reconciliation end while ensuring that the country’s available for their patients. process was designed for such a situa- health care safety net remains avail- I look forward to working with tion: to give Congress the tools nec- able for our citizens who truly need it Chairman GRASSLEY to maintain this essary for deficit reduction. Reconcili- the most. current drug distribution system and ation could have offered us the oppor- As we move forward in advancing to ensure that when the legislation be- tunity to work across the aisle to take that goal, I understand that there are fore us is enacted into law, it clearly responsible steps toward reducing the several changes included in the rec- excludes prompt-pay discounts from deficit. onciliation package being considered the pharmacy reimbursement method- Instead, my colleagues on the other today that address Medicaid pharmacy ology that will be used to pay phar- side of the aisle are pushing for the reimbursement for prescription drugs macies for drugs dispensed to Medicaid wrong priorities. Take for example dispensed in the pharmacy setting. I beneficiaries. their opposition to Senator CONRAD’s know you and your staff worked very MEDICARE BAD DEBT, COLLECTION commonsense amendment on fiscal re- hard to craft the Medicaid provisions Mrs. LINCOLN. I will discuss today sponsibility. His amendment, called contained in this legislation and that with my distinguished colleague from paygo, would have reinstated a rule we both share the common goal of en- Idaho, Senator CRAPO, to discuss the meant to stop Congress from worsening suring that Medicaid beneficiaries con- change in Medicare bad debt policy as the deficit. It was my hope that it tinue to have access to cost-effective proposed in this budget reconciliation would have once again served as a prescription drugs reimbursed at an ap- bill. I feel there is a need to differen- check against irresponsible spending or propriate rate. tiate between debt owed by individuals new rounds of tax cuts at a time when In that light, I understand that it is and debt owed by States. The sponsors the Nation cannot afford them. not your intent to inadvertently dis- of this policy argue that it will encour- My colleagues across the aisle say rupt the highly efficient drug distribu- age skilled nursing facilities to be that tough choices are needed to get tion system responsible for assuring more efficient in the collection of bad our fiscal house in order. I agree—we access to needed drugs across the Na- debt. However, how can the facility be should balance the federal budget just tion’s pharmacies. I think we both be- more efficient if the state simply re- as every American must balance theirs, lieve that the drug distribution system fuses to pay the Medicare copayments unless a natural disaster or other na- can best be preserved if prompt-pay through its Medicaid program? In 2003, tional crisis demands it. Anytime Con- discounts paid to distributors are ex- nursing homes in my home state of Ar- gress wants to raise spending—or lower cluded from the new Medicaid phar- kansas never received the $589,263 in revenue—Congress should pause and be macy reimbursement methodology. coinsurance owed to them from the required to stand up to vote and defend Was this the Chairman’s intention? Medicaid program. This body should its action. That is what this amend- Mr. GRASSLEY. I do recognize the examine the root of this problem be- ment would have required, but Repub- valuable role drug distributors play in fore implementing the bad debt policy licans voted against fiscal responsi- the delivery of prescription medication in this bill. It is my hope that the con- bility. and our Nation’s health care and did ference committee considers this when Today, we are debating the spending intend to exclude prompt pay discounts examining this policy. reconciliation bill for fiscal year 2006, from the methodology. Mr CRAPO. Senator LINCOLN makes a but it is only half of the equation. This I say to my colleague from Ohio that good point. While I support the Fi- bill makes $39 billion in cuts to critical I will work with him to ensure that my nance Committee’s goal of encouraging spending programs. Many of these cuts intention to exclude the discounts is accountability and incentivizing the will directly hurt low- and middle-in- preserved through the conference and collection of Medicare bad debt by come Americans. The bill takes away enacted into law. skilled nursing facilities, I do see the Americans’ access to health care and Mr. VOINOVICH. I thank the chair- need to differentiate between debt affordable housing and jeopardizes man and look forward to working with owed by individuals and debt owed by their pensions. The bill attacks impor- him in this effort. I know he agrees States. I believe this conference should tant conservation efforts by cutting with me that Congress should not es- consider this point as well. funding and opening up the Arctic Na- tablish a Medicaid pharmaceutical re- Ms. MIKULSKI. Mr. President, I tional Wildlife Refuge to drilling. But imbursement system that might dis- would like to take this opportunity to the bill stays silent on lowering energy courage manufacturers from paying say how deeply concerned I am over prices for working families who can no distributors prompt-pay discounts if the wrong priorities in the spending longer afford to pay their monthly gas wholesalers pay their bill prior to their reconciliation bill that is before us bills. Simply put, it leaves too many contractual obligation—a practice that today. Americans out in the cold. has occurred for the past 30 years. The United States faces a Federal In several weeks, the Senate will be We both understand that the drug deficit of $331 billion for fiscal year 2005 taking up a tax reconciliation bill. distribution system has consistently alone, according to the Congressional That bill will cut taxes by $70 billion, ensured that every pharmacy in the Budget Office. This is a complete turn- with an average giveaway of $35,500 for Nation has access to prescription drugs around from when President Bush took those making more than $1 million in a timely manner. This system is office just under five years ago. He in- each year. Those with incomes between highly complex but provides an ex- herited record budget surpluses and $50,000 and $200,000 would get just over tremely efficient delivery model that turned them into record deficits. Un- $100 on average. The difference is strik- reduces health care costs to the overall fortunately, that has not stopped Re- ing, but not so much as the fact that health care system. publicans from pushing relentlessly for this will all be done under the Senate’s

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.077 S03NOPT1 S12328 CONGRESSIONAL RECORD — SENATE November 3, 2005 procedure of reconciliation—which was lower the rate on dividend income and and which population to cover, and, designed to lower the deficit, not raise capital gains. Just extending these pro- nearly every state now offers TCM it. These tax cuts will undermine the visions through 2010 is likely to cost services. We should not jeopardize an cuts that the bill is making today to nearly $23 billion. essential bridge to services for these critical spending programs and will add The bill before us today includes a se- populations. an additional $31 billion to the deficit. ries of spending reductions that target By focusing cuts on Medicaid and This is irresponsible. It’s just another pharmaceutical pricing and reimburse- other essential Federal programs, the example of how the President and his ment, curtail the definition of ‘tar- reconciliation package will most allies in Congress have the wrong pri- geted case management’ under Med- harshly impact those who cannot advo- orities, and not the best interest of icaid, and eliminate the ‘HMO slush cate for themselves—abused and ne- America, at heart. fund’ under the Medicare Moderniza- glected children in foster care, at-risk What is most frustrating is the tion Act of 2003 and the Federal Hous- youth, single parents, the disabled, per- knowledge that the final budget will ing Administration’s affordable hous- sons with mental illness, and vulner- likely be even worse than what we pass ing preservation programs. A provision able elderly. in the Senate. The House of Represent- to update reimbursements for doctors I understand that the intent of the atives plans to cut $50 billion in crit- will have a direct impact on seniors in TCM provision was to codify a HHS ical services, including student loans, the form of higher Medicare part B pre- policy from January 2001. Again, I ap- food stamps, child support enforce- miums. plaud the Chairman for attempting to ment, foster care, and health care. Republicans have tried to disguise clarify this provision, however, I am Again, these cuts will not go to low- these cuts by restoring funding for the deeply concerned that the provision, ering the deficit. Instead, they will fi- State Health Insurance Program when implemented, will severely re- nance another round of tax cuts at a SCHIP for States such as Rhode Island, strict the providers’ ability to serve time when we also have staggering en- allowing parents of severely disabled our most vulnerable Medicaid bene- ergy costs, a war in Iraq, many un- children to ‘buy-into’ Medicaid, and by ficiaries. funded education needs, an exploding increasing student financial aid. The second amendment would strike population of seniors, and an unprece- Meanwhile, the House reconciliation the Banking Committee’s portion of dented relief and rebuilding effort bill is truly an even worse deal for low- the reconciliation bill that eliminates stemming from Katrina. income and vulnerable Americans, as it the ability of HUD to use the FHA Gen- I believe we must work together to would impose new copayments on Med- eral Insurance Fund to provide grants realign priorities so they reflect those icaid beneficiaries and allow States to to help preserve FHA-foreclosed multi- of the American people. Working to- scale back coverage. It also would family properties as affordable hous- gether, we can do better. I strongly tighten rules designed to limit the ing. Given the current affordable hous- urge my colleagues to vote against this ability of elderly people to shed assets ing crises in our country, the grants misguided bill. in order to qualify for nursing home are more important than ever and Mr. REED. Mr. President, I strongly care. And, for the first time, people should be maintained. I am dis- oppose the so-called Deficit Reduction with home equity of $500,000 would be appointed that these and other amend- Omnibus Reconciliation Act of 2005. ineligible for nursing home care under ments that would have addressed many This reconciliation bill and the admin- Medicaid. of the deficiencies of the bill failed. istration’s budget are fiscally irrespon- The House bill also includes $844 mil- One such amendment was Senator sible and reflect misguided priorities. lion in cuts to food stamps, overturns a CANTWELL’s amendment to protect the As a matter of fact, the reconciliation critical court ruling, Rosales v. Artic National Wildlife Refuge from bill at the end of the day will further Thompson, which allows for Federal drilling. Earlier this year, the Senate increase the deficit by more than $35 support of abused and neglected chil- Budget Committee included in the fis- billion over the next 5 years. dren in foster care who reside with cal year 2006 budget resolution provi- In 2 weeks, both the Senate Finance family members, weakens States’ abil- sions that paved the way to arctic and the House Ways and Means Com- ity to establish and enforce child sup- drilling. Senator CANTWELL offered an mittees are expected to report a second port orders, and raises interest rates amendment to strike language author- reconciliation bill that will cut taxes and fees that students pay on their col- izing artic drilling from the reconcili- by $70 billion. This $70 billion reduction lege loans. ation bill, which would undo this ex- in tax revenue will more than elimi- The House package takes almost $20 ploitation of the budget process and nate the effect of the cuts to critical billion out of child support and student permit an open debate of the issue. Un- programs in the reconciliation bill that loans alone, compounding the effect on fortunately, her amendment failed. The we are considering this week. With the struggling working families. bill not only opens up the Artic to oil enactment of two reconciliation bills, I commend Chairman GRASSLEY and and gas development, but does so in a there is a real effort by this adminis- the rest of the Finance Committee for way that does not accord this pristine tration and the majority to perform a their diligence in attempting to craft a wilderness protection under existing bait and switch on the American peo- reconciliation measure that would not mineral leasing laws and regulations, ple. directly impact Medicaid beneficiaries. existing environmental protections, Significant portions of the reduction By contrast, the House, targeted bene- and existing rules of administrative that are achieved in this reconciliation ficiaries through increased Medicaid procedure and judicial review. In short, bill are achieved by cuts in programs cost sharing among other program it affords the Arctic Refuge less protec- on which low- and moderate-income changes. tion than current law affords other ref- Americans rely. The Senate reconcili- In an effort to further minimize the uge or public land that is open to oil ation package includes a total of $39.1 impact of the reconciliation bill on and gas development. Drilling in the billion in spending cuts over 5 years, of these populations, I offered two amend- Artic will not help us address our na- which $10 billion will come from Med- ments. The first amendment would re- tion’s energy problems. It is yet an- icaid and Medicare. The House rec- store Targeted Case Management serv- other giveaway to big oil companies. onciliation package could have cuts as ices, TCM, to assist eligible high-need The reconciliation bill also includes high as $50 billion over the same pe- Medicaid beneficiary groups, such as a provision that would extend agricul- riod, with $9.5 billion coming out of children in foster care, children and tural commodity payments until 2011. Medicaid. adults with HIV/AIDS, children with Extending existing subsidy programs In contrast, the benefits of the sec- developmental disabilities and mental will continue policies that are bad for ond reconciliation bill that this body retardation, individuals with substance the environment. While the bill ex- will soon undertake will go overwhelm- abuse disorders and mental illness, and tends the life of subsidy programs and ingly to high-income individuals. The at-risk tribal populations, access to three conservation programs until 2011, tax reconciliation bill is expected to needed medical, social, educational, it does not extend the life of four other extend many provisions from the 2003 and other services. States have flexi- conservation programs past 2007. These tax cut that expire in 2008 to 2010 that bility whether to offer TCM services programs, which restore wetlands,

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.080 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12329 grasslands, and other wildlife habitat they enter when they serve as a Gov- anew, and in a bipartisan fashion, we and protect farmland and ranchland ernment contractor. gave him everything he asked for. are critical to meeting some of the Na- America has countless firms that fit Billions of dollars later, Iraq is still tion’s most significant environmental that bill. They come from across the struggling to rebuild. challenges. gulf coast region and from across the As Michael O’Hanlon and Nina Kamp In the wake of Hurricanes Katrina country. This amendment simply helps of the Brookings Institution described and Rita, escalating home energy assure that they will have a clear op- Iraq last month in the New York prices, and stagnant wage growth, tak- portunity to shoulder the burden of re- Times: ing money from important federal pro- building, by clearing away those firms On balance, the indicators are troubling. grams in order to pave the way for bil- that have abused the public trust. Electricity production remains stuck at pre- lions of dollars in tax cuts shows how Last Friday, the President an- war levels even as demand soars, and the out of touch the majority and adminis- nounced that he would ask this Con- power is off in Baghdad more often than it is tration are with hardworking Ameri- gress to reallocate $17.1 billion in hur- on. Unemployment is stubbornly high. Infant cans. ricane emergency funding, taking it mortality rates are still among the Middle The bill before us is lamentable, and away from the Federal Emergency East’s highest. And Iraq is the most violent country in the region, not only in terms of I only hope that those who support it Management Agency’s Disaster Relief war casualties but of criminal murders as today will reassess their positions in Fund, and dedicating it to rebuilding well. the weeks ahead as we consider other and repairing of the gulf coast. The How did we come to this pass? reconciliation bills that will further President wants the authority to re- Secretary Rumsfeld and his tight cir- add to our deficit and continue a path place critical infrastructure, facilities, cle of Defense Department advisors— towards misguided priorities. and equipment damaged during this awash in unreality—failed to plan for Mr. DURBIN. Mr. President, my year’s hurricanes. These are important occupation and reconstruction. Their Amendment No. 2415 would inject a projects addressing important needs, plans for rebuilding postwar Iraq were, dose of accountability and responsi- and I fully support them. We must according to the Inspector General, bility into America’s efforts to rebuild move forward, but we have to do it ‘‘insufficient in both scope and imple- the gulf coast and Iraq. right. It will bar from all reconstruction ef- These are big projects, including the mentation.’’ forts, both at home and in Iraq, all rebuilding of key stretches of Inter- The Coalition Provisional Authority firms found—over the last 5 years—to state 10, a main artery connecting managed Iraqi oil revenues placed in have overcharged or improperly billed Texas cities such as San Antonio to the Development Fund for Iraq. The the government by more than $10 mil- New Orleans and New Orleans to points Special Inspector General has found lion on one or more occasions. east. The proposed projects include two that it did so erratically and irrespon- It will also bar from all reconstruc- Veterans Administration hospitals, sibly, often with no accountability, and tion efforts—both at home and in major military bases, and other high- no records. Iraq—all firms that have overcharged ways and bridges damaged by the The Special Inspector General found or defrauded the Government of more storms. that in the town of Hillah, for example, than $10 million over the last 5 years. This work will help shape the gulf the CPA left 7 million dollars worth of It will also bar from all reconstruc- coast region for a generation or more. projects uncompleted. What’s more, tion efforts—both at home and in We cannot afford to get it wrong. the money allocated for these projects Iraq—all firms that have been sus- Sadly, this administration has gotten is missing. pended or debarred from competing for it wrong before. On Sunday, the Spe- Indeed, the Special Inspector General federal contracts. cial Inspector General for Iraqi Recon- has found that the CPA burned through It includes a national security waiver struction, Stuart Bowen, released his nearly $100 million in Development for those instances where dealing with latest report on reconstruction in Iraq. Fund for Iraq money without keeping such firms may serve the national in- Bowen’s report makes for sobering adequate records, and in too many in- terest. reading. stances, the money just vanished. These are serious penalties, but in It tells a cautionary tale as we look That is simply inexcusable, and there both Iraq and on the gulf coast we face forward to rebuilding our gulf coast may be no way now to trace and re- serious challenges, and we should not communities. It paints a grim picture cover those funds. But where we can do anything less than our very best to of conditions in Iraq and it tells a story track fraud and overbilling to specific face those challenges. of administration hubris, lack of fore- companies, why should we keep giving We cannot move forward on the gulf sight, poor planning, poor execution, more money to the offenders? If they coast without looking at the adminis- and the squandering of millions and won’t protect the public trust, why tration’s weak oversight of funds in perhaps billions of U.S. taxpayer dol- should we trust them with new money? Iraq. The amendment I offer today lars. Where is the accountability? Do we seeks to do that by assuring the Amer- The Special Inspector General has want any of the firms involved in the ican people that the Government will warned us all that America’s ambitious most egregious of these abuses handed spend gulf coast reconstruction funds reconstruction effort in Iraq, an effort new sums of money to rebuild New Or- wisely. managed by this administration, is, leans and the gulf coast? The bill we are debating is ulti- ‘‘likely to fall far short of its goals.’’ Many of our Republican colleagues mately about saving taxpayer dollars. We cannot let the same fate befall are demanding that we provide offsets Why not start by weeding out compa- our communities here at home. We for every penny we dedicate to Katrina nies that have overcharged the tax- need to ensure—here at home—the ac- reconstruction. In too many instances, payer in the past? countability that the administration’s they seek to place the burden for re- We enjoy the privilege of living in a efforts in Iraq have sorely lacked. In building the gulf coast squarely on the vastly diverse country of vastly tal- both situations, the situation demands poor. Yet they failed to demand offsets, ented citizens. In the country with the that we act with speed. In neither case, or even simple accountability, when world’s biggest economy, we don’t need though, should we ignore our oversight the administration came to Congress to rely on just a few privileged firms to responsibilities. looking for reconstruction funds for do America’s work. Special Inspector General Bowen’s Iraq. We don’t need over-billers, underper- work assessing the administration’s By adopting this amendment, we formers, or those who have defrauded Iraq reconstruction efforts reveals the would promote honesty, transparency, the American taxpayer to do America’s challenges we now face at home. and accountability in hurricane recon- work. We need to entrust America’s Since November 2003, Congress has struction and we would bar the door to work, and American taxpayer dollars, appropriated $21 billion for Iraq recon- contractors that have abused the pub- to firms that embrace hard work, ac- struction and relief. The President lic trust. We need to learn from the countability, and a sense of responsi- came to us that fall, seeking support gross failings we have seen in Iraq, bility about the public trust into which for his ambitious plans to build Iraq learn and do better.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.082 S03NOPT1 S12330 CONGRESSIONAL RECORD — SENATE November 3, 2005 Now we face a crisis at home. The I question the rationale of some of Now as I said earlier, the budget President has waited 2 months to cre- my colleagues in this body who propose process requires us to take responsi- ate his Gulf Coast Recovery and Re- providing tax breaks for multimillion- bility in balancing our books. But in building Council, which he announced aires and special interests, while cut- the dense pages of the reconciliation yesterday, and 2 months to name Don- ting resources that are critical to the package, we have lost sight of fiscal re- ald Powell to serve as Coordinator of families of Arkansas. For example, I sponsibility and are blithely ignoring Federal Support for the Gulf Coast’s am particularly disappointed that this several issues that will affect our budg- Recovery and Rebuilding. Let us hope package slashes: health care by $27 mil- et for years to come. history is not repeating itself. lion for seniors and the poor; agri- After the Senate considers these Does the administration have a plan culture supports for farmers by $3 bil- budget cuts we will then vote on a set to hold accountable those who have lion. of tax breaks totaling $70 billion. It is misused Iraq reconstruction funds, and Mr. President, I want to tell you no secret that the only reason we are to ensure that the same companies, or about Maya Romney of Arkansas. A looking at these budget cuts is to make similar firms, are not handed more tax- Down’s syndrome patient, Maya is able room for tax cuts—most of which could payer dollars in massive contracting to receive critical therapies through be argued will not make it in to the projects? Easter Seals, allowing her to interact pockets of people that need it the All the major multinational firms in a classroom setting and live more most. working in Iraq have ‘‘cost plus’’ con- independently. Quite simply, Maya’s And oddly enough, some of the tax tracts. Under such contracts, the Gov- therapy services could be in jeopardy cuts that we will be voting on, such as ernment reimburses companies for all because Easter Seals is funded pri- the capital gains and dividends cuts do their costs, plus a percentage of those marily through Medicaid. And while not even expire for another 2 years. costs as a fee. this saddens me greatly, it should also But even more baffling is the fact I don’t think that is the best way to sadden everyone in this body because that neither this budget bill or the tax protect the taxpayer, but that is what we all have Mayas in our State or oth- cut bill we will consider in the coming this administration has done. If we are ers who depend on Medicaid. weeks takes into account the billions going to give corporations cost-plus This program, that some of my col- of dollars we have spent and will con- contracts, is it too much to ask that leagues look to cut, provides vital re- tinue to spend in Iraq. Neither bill they take care to charge us only for le- sources for persons with disabilities takes into account the billions of dol- gitimate costs and not to take advan- and seniors. In my State, almost 50 lars we have spent and will spend in tage of our trust, the public trust, to percent of our Medicaid recipients are the gulf coast. sneak in millions of dollars in illegit- children. Additionally, 958 beneficiaries I have voted for tax cuts in the past, imate expenses? Why should we give in Arkansas right now are Hurricane and I will vote for them in the future this important work to companies that Katrina evacuees. but if we were truly being honest bro- I know that in the long-term we can will pad their expense sheets and hope kers this body would have the courage find ways to save money and improve that we don’t catch their overbillings? to look at all of our fiscal issues in a the efficiency of Medicaid—in fact the Writing big, no-bid deals was quick single package. Instead, we seem con- Senate has supported measures to do and easy, but it wasn’t good for Amer- tent to legislate in a vacuum where we just that. But, it is unacceptable to im- ica, and it wasn’t good for our recon- refuse to recognize the reality of our pose arbitrary cuts for a program that struction efforts in Iraq. The adminis- fiscal situation. does so much to support families. By tration has shown itself unable or un- We separate tax cuts bill from the taking away these services we are en- willing to manage these contracts. budget bill, and the budget bill from dangering the health of too many America can do better than this. At emergency spending bill because deep Americans. down we know that we are wrong. We home on the gulf coast, it absolutely As an Arkansan, I am particularly know that if we were to look at this must do so. It is time to cut off compa- disappointed in proposed cuts to agri- fiscal puzzle as a whole, there would be nies that gorge themselves at the pub- culture. I know that the chairman of no way to justify our actions. We lic trough. the Agriculture Committee has worked General John Abizaid, the Com- hard to make sure these cuts are dis- would have to finally admit that we mander of U.S. Central Command, said tributed fairly, and he has done the are being fiscally irresponsible. Overall, this measure shows America recently that the key to military suc- best he can. I commend him for that. cess in Iraq, ‘‘is whether we can learn But now is not the time to be cutting that their government is willing to from our mistakes.’’ our support of agriculture in this coun- turn their backs on the families who The same holds true for our recon- try. Our farmers have gone through too need our help the most in order to pro- struction efforts, both at home and much in the past year—rising energy vide favors for special interest groups. abroad. Yet poor financial controls and costs, drought, and storm damage. I cast my vote in opposition to this questionable performance by contrac- They need us now more than ever. bill: it does not reflect my priorities, tors continues to squander an impor- But instead of reaching out to help and it certainly does not reflect Amer- tant part of the treasure we sink into the community that feeds America, ica’s priorities. this effort. We already have seen how some of my colleagues have proposed Mr. President, I would like to express FEMA and the Administration dropped slashing $3 billion from agricultural my serious concerns about efforts the ball in planning for disaster, and in programs, and imposing further pay- today, and possibly during the con- responding to the crisis. ment limits that will dramatically ference committee, that could dramati- We must not fail. The reconstruction hurt family farms. cally cut Medicaid funding through challenge now before us is here at Rural America is fed up. It seems as this bill. Medicaid provides vital serv- home. though every time this administration ices for millions of Americans, espe- Mr. PRYOR. Mr. President, the aver- has needed to find revenue, whether to cially persons with disabilities, chil- age American might not follow the in- pay for the war in Iraq, cut the deficit, dren, and seniors. As we all know, ac- tricacies of our budget reconciliation or provide relief from Hurricane cess to health care is critically impor- process. However, they do know when Katrina, agriculture has been first on tant for improving the quality of life the government has misplaced its pri- the chopping block. and promoting greater independence orities, shirked its responsibilities and Our farmers know they must do their for these individuals. shortchanged the families who need fair share, but they are currently doing In my State alone, 17 percent of Ar- help the most. much more than that. kansans depend on the Medicaid Pro- Given our record budget deficits, I For the government’s part, we should gram. An additional 1,000 Hurricane am prepared to make tough decisions be investing in rural America not tak- Katrina evacuees currently residing in to cut government spending, but what ing from it. There is enormous poten- Arkansas are receiving their health this bill represents is a misguided ef- tial in rural communities and we care through the State’s Medicaid Pro- fort to balance the budget on the backs should harness that potential to help gram. It is essential that State Med- of hard-working families. drive our economy. icaid Programs and patients get the

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.066 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12331 support they need, particularly at a I recommend the chairman of the production of energy, and ANWR is a time when States are facing budgetary Budget Committee for his efforts on good place to start. So I applaud the crises and struggling to deal with sky- reconciliation. He has been an out- work of the chairman of the Energy rocketing costs associated with pro- standing advocate for fiscal restraint, Committee for including ANWR in this viding health care. while trying to respond fairly to the budget. I understand that tough financial de- competing demands for increased I am also pleased with the provisions cisions have to be made in order keep spending. While I do have some con- to address digital television transition. this country’s fiscal house in order, but cerns about certain cuts included in Setting a firm date of April 7, 2009, al- I do not believe it is fair that we re- this bill, on the whole I think it is a lows the FCC to make critical spec- quire our seniors, our children, and the balanced package that accomplishes trum available for the emergency disabled to shoulder this burden. It is meaningful restraints on Government workers who protect our communities. simply unacceptable to impose arbi- spending. Our first responders need access to this trary cuts for a program that does so One of the positives of this bill is the spectrum to ensure communications in much to support families in need. I be- provisions relating to energy produc- times of national emergencies. lieve we can find appropriate savings in tion in the Arctic National Wildlife In a rural State like Montana, this Medicaid without jeopardizing the Refuge. It is time to open ANWR for oil spectrum can also be used to expand health care of so many Americans, and production to increase our domestic broadband access, linking rural com- this body has supported measures to do supply of petroleum. We need to look munities not just for emergency needs, that in the past. For example, I sup- no further than the gas pump to see but for education, telehealth, and eco- ported a bill to charge the Institutes of what happens when U.S. oil production nomic development. Medicine with evaluating Medicaid to lulls. High gas prices hurt Montanans The revenues generated by this spec- find appropriate cost savings and im- and dependence on foreign oil hurts our trum auction generate billions toward prove efficiency within the program. national security. paying down the national debt, but But the proposals many Members of The Energy Information Administra- also give us the flexibility to address the House of Representatives are pro- tion states that the coastal plain re- some other priorities, including essen- moting in their version of this legisla- gion harboring the 1.5 million-acre 1002 tial air service. I was pleased to be able tion completely fail to consider the im- Area is ‘‘the largest unexplored, poten- to include language in this bill that plications for the health and well-being tial productive onshore basin in the will provide an additional $75 million of Medicaid recipients. Rather, these United States.’’ Studies by the U.S. Ge- for essential air. cuts would have more to do with pay- ological Survey, USGS, estimate that Thirty-seven States rely on essential ing for tax cuts targeted to benefit the drilling in ANWR could yield up to 16 air, but skyrocketing fuel prices are wealthiest Americans. billion barrels of oil—an amount placing that service in jeopardy. The I believe Senator GRASSLEY and some provision I included will increase EAS members of the Finance Committee roughly equal to 30 years of oil imports funding over the next 5 years, and en- tried hard to soften the blow of the from Saudi Arabia. Most people don’t understand that sure that communities relying on es- cuts required by the budget resolution, the 1002 Area is only 1.5 million acres sential air will continue to have trans- but I recognize that a much worse bill within the 19 million acre Arctic Na- portation options. will likely emerge from the conference tional Wildlife Refuge. This budget al- Also important to Montana is ensur- committee with the House of Rep- lows for development of only 2000 of ing that Federal incentives for higher resentatives, and we will likely regret education remain intact. Though sig- starting down this slope toward drastic those 19 million acres in ANWR. That nificant cost savings have been cuts to an essential part of our Na- means 99.99 percent of ANWR will be achieved in the reconciliation package tion’s health care system. untouched. If this tragedy-filled hurri- I have heard from many organiza- cane season has taught us anything, we adopted by the Senate’s Health, Edu- tions and constituents who have ex- should realize that by concentrating cation, Labor and Pensions Committee, pressed their concerns. Dana Plunkett our production and refinery capability many positive changes have been made and Angela Romney have both sent let- in the Gulf of Mexico, we are risking to benefit the students who most need ter expressing their concerns for their supply disruption. assistance. children. Both of these mothers’ chil- We need to do more offshore, and The higher education reforms save dren participate in the Easter Seals more onshore across this country. Last $9.8 billion over 5 years, while still pre- program which relies heavily on Med- week, I held a hearing on onshore oil serving critical benefits for students icaid. Dana’s son Larry is able to live and gas development. The backlog we across the country. For first- and sec- in an independent living facility be- face in processing permits for reason- ond-year college students, the loan cause of Medicaid. Angela’s daughter able onshore production contributes to limits will be increased to $3,500 for the Maya who has Down’s syndrome has the energy crisis we are facing now. All first year and $4,500 for the second been able to receive vital therapies to segments of the economy are directly year. This is especially important in a allow her to interact in a classroom impacted by the costs of fuel to State like Montana, which ranks third- setting and live more independently. produce and move our output. From from-last in retention of first-year col- I am aware of the challenges many keeping warm in our homes to moving lege students who continue on to their families, health care providers, States, food to the market, the American tax- second year. and private payers for health care face payer faces a tighter budget as a result Not only are we increasing the over- under our burdened health care system. of skyrocketing energy costs. We sim- all aid available, but are also empha- I appeal to my colleagues on both sides ply must consider all options when it sizing the various types of education of the aisle to find a solution to ade- comes to increasing production, and needed from the current workforce. quately fund Medicaid and avoid gut- ANWR are an important part of that. This bill provides for additional fund- ting the program during conference ne- The United States has some of the ing for grants for Pell-eligible students gotiations. strictest environmental laws in the en- who major in math, science, tech- Mr. BURNS. Mr. President, this tire world. We can safely and carefully nology, engineering, and some foreign week, the Senate is undertaking a sig- produce oil within our own shores, or languages. All too often, employers nificant effort to reduce Federal spend- we can ignore our responsibility to do- comment that they have skilled jobs ing and return fiscal responsibility to mestically produce this resource. Roy- available, but are unable to find the the Congress. Not since 1997 has Con- alty revenues from oil production in kind of specialization they need from gress attempted a budget reconcili- ANWR is expected to produce $2.5 bil- students, and by providing incentives ation bill. But the fiscal situation fac- lion for the Federal Government over for students to study in these under- ing the American people today de- the next 5 years alone, plus provide utilized areas, they are able to obtain mands a serious commitment from the valuable jobs, and reduce our depend- an affordable education and fill a Federal Government to reduce deficit ence on foreign oil. much-needed place in the workforce. spending. This reconciliation package It is time for this body to do the I am especially proud of the provision is an important part of that process. right thing and increase our domestic in this bill which provides for

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.089 S03NOPT1 S12332 CONGRESSIONAL RECORD — SENATE November 3, 2005 deferment on loan payment for bor- lives. I am glad to see that this bill those programs. And the effects will rowers serving in active duty or in the also establishes a new grant program certainly be felt by our neediest and National Guard. This provision sends a to finance innovative outreach and en- sickest citizens. strong message of support to our men rollment efforts designed to increase In a letter to the Congress, the Na- and women in uniform, and I am enrollment and promote an under- tional Council of Churches said of this pleased to support its inclusion. standing of the value of health insur- budget bill, ‘‘It violates all the funda- While there is plenty to praise in this ance coverage. I expect this outreach mental Christian values of loving thy reconciliation package, I have very to be helpful in Montana, where reach- neighbor, caring for the poor, and strong concerns about the proposals to ing those in need is often difficult be- showing mercy.’’ In fact, they said that cut $4 billion out of agriculture pro- cause of the vastness of our state. this proposed budget would be a ‘‘moral grams. When this Senate debated the This bill will also extend the Medi- disaster of monumental proportion.’’ I spending cuts and reconciliation in- care Dependent Hospital program, think it is a very sad day when the structions earlier this year, this body which provides financial protections to Senate of the United States would vote agreed to $3 billion in agriculture cuts. rural hospitals with less than 100 beds for such legislation, especially in the While I would prefer no cuts to farm that have a greater than 60 percent context of a fiscal policy that is fo- bill programs, I understand that every- share of Medicare patients. Many of cused on giving additional tax cuts. one must do his or her part to reduce Montana’s hospitals fall into this cat- In a broader sense, I am very con- Government spending. The House of egory, as our Medicare population, es- cerned about what this bill says about Representatives wanted to cut more pecially in the most rural areas con- the state of Congress’ budget process. I out of farm programs, as did the Presi- tinues to grow rapidly. am afraid that the budget reconcili- dent. I think the Senate settled on a Medicaid options are expanded ation process that was originally in- fair amount, and I applaud the chair- through the Family Opportunity Act, tended to help Congress enact difficult man of the Budget Committee for re- so that parents of severely disabled policies to reduce deficits is being ut- taining that level in conference. children can go to work, without risk- terly abused by the majority to enact But we are not talking about $3 bil- ing Medicaid benefits. New incentives policies that not only cannot garner lion in cuts, the $3 billion that we all are provided to purchase long-term broad support but also do nothing to agreed to. Instead, farm programs are care, and new resources are provided to improve our nation’s fiscal situation. taking a massively disproportionate help states combat fraud and abuse The unique role of the Senate is under- cut. Commodity and conservation pro- that steal money away from low-in- mined when the reconciliation process grams are being reduced by nearly $4 come families that need it the most. is used to enact policies that are not billion. The extra money is not being These are good reforms, and they will related to deficit reduction, most egre- returned to the Government to pay greatly benefit Montanans. giously in this bill drilling for oil in down the debt. It is going to a select Undertaking spending cuts on any the Arctic National Wildlife Refuge. group of interests, to subsidize small scale is a difficult task. But Congress Today, Federal Reserve Chairman dairies. These budget cuts pit one pro- must do its duty to rein in the growth Greenspan testified to the Joint Eco- ducer against another. My Montana of the Federal Government, provide in- nomic Committee that unless reversed wheat growers are being asked to pay centives to economic growth, and en- the nation’s ‘‘budget trends will cause for dairy subsidies. That is simply un- sure that the safety nets we have in severe economic disruptions.’’ I agree reasonable. place are truly benefiting those who with Mr. Greenspan, and I stand ready In these times of high energy and fer- need assistance most. Although there to work with my colleagues toward the tilizer costs, we are asking farmers to are certainly things I would change goal of deficit reduction. However, the bear much more than their fair share about this package, I urge my col- reconciliation process underway in of program cuts. I urge my colleagues leagues to support it. The American Congress today, in fact, will exacerbate to reconsider this proposal. Cuts to ag- public must know that Congress is our runaway deficits. riculture spending need to be fair and willing to make difficult choices to re- I vehemently oppose this bill. I ask shared across the board. Giving one duce runaway Government spending my colleagues to join me in defeating sector of one industry a billion dollars and use tax dollars wisely. This budget it so that we can make real progress for 2 years, at the expense of farmers is a good start, and I look forward to toward improving our Nation’s budget all over the country sends a terrible supporting its passage. situation in a way that is consistent message to the hardworking families Mr. ROCKEFELLER. Mr. President, I with our American values, in a way that feed this Nation. oppose the legislation the Senate is that is truly compassionate toward the Lastly, I want to turn to the issue of considering today. This bill does not least fortunate of our fellow citizens. cuts to Medicare and Medicaid. While I reflect American values. Although pro- Mr. President, I also wanted to make believe the proposals to reform and ponents of the bill try to claim that a brief statement about the funda- strengthen Medicare and Medicaid in- this is a deficit reduction bill, it is mental importance of providing help cluded in this reconciliation package transparently not so. This bill is only and support to the families devastated are generally good, there are some the first half of their budget policy. by Hurricane Katrina. This is an un- issues I want to highlight. The second half, which we will see in a precedented disaster. Many families I remain concerned about our com- couple of weeks, provides tax cuts al- lost every thing they own and they munity and independent pharmacists. most double the size of these spending have been displaced for months, and In Montana, they are small business cuts. In the end, the policy advanced that sadly will continue to be the case men and women, and, all too often, by this reconciliation process is to in- for quite some time. they are the only place in small towns crease the deficit by more than $30 bil- For weeks, I joined Senators GRASS- where folks can get the medication lion in order to provide additional tax LEY, BAUCUS and others to fight for leg- they need. I remain concerned about cuts while shortchanging valuable pro- islation to expand health care coverage how this package may affect them and grams. for these needy families. Today, I voted will do what I can to make sure they I am extremely concerned about how for Senator LINCOLN’s amendment to are not adversely affected by provi- this legislation will affect the people in expand Medicaid coverage to help the sions in this bill. my State of West Virginia. I believe evacuees of this disaster. I am dis- However, this bill also provides fund- that the effect will be very painful in- appointed that this amendment failed ing to states that face shortfalls in the deed. This bill cuts $10 billion from by a vote of 52 to 47. These families State Children’s Health Insurance Pro- Medicaid, on which our most vulner- need and deserve health care. It is trag- gram. SCHIP, and expands outreach able members of society depend for ic that the Senate refused to help vul- and enrollment activities to cover basic health care. I have fought very nerable Americans. more children. The SCHIP program has hard to improve the provisions of this On the education front, the reconcili- been incredibly important in Montana, bill related to Medicare and Medicaid, ation package included by voice vote in ensuring children have the health but I am sorry to say that in the end, an Enzi-Kennedy amendment to pro- care they need to lead healthy, fruitful this bill will deal a terrible blow to vide support to the schools that have

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.069 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12333 already accepted evacuee students. The in our medical culture. For years, phy- Mr. DODD. Mr. President, I rise children and all the schools that ac- sicians have been involved in peer re- today to express my opposition to the cepted such students, without knowing view, the development of clinical spending reconciliation bill, which has how or when they would get funding guidelines and best practices, and out- been misleadingly titled the ‘‘Deficit deserve our support. come measurement. The concept of Reduction Omnibus Reconciliation Act I voted against the Ensign-Santorum value-based purchasing is to turn these of 2005.’’ As some of my colleagues have amendment that sought to change the practices into a payment system that mentioned, the spending bill before us Enzi-Kennedy bill into a direct voucher pays higher performers more and pays today is only one-third of the budget program. It would have removed the less to those who cannot make the reconciliation picture—the other two carefully negotiated provisions de- grade. In theory, this has great prom- pieces are a tax cut bill and a bill to in- signed to maintain the basic civil ise and I believe it will improve the crease the debt limit. Taken together, rights protections in the underlying quality of care provided to all Medicare this package of reconciliation legisla- education package. This legislation, in beneficiaries while increasing effi- tion would increase the budget deficit my view, merely provides a one time ciency in the system. and impose greater costs on some of emergency financial grant to the However, I am concerned that the the most vulnerable members of our so- schools and communities that opened language included in S. 1932, the ‘‘Def- ciety. It would also allow for drilling in their doors and classrooms to evacuee icit Reduction Omnibus Reconciliation the Arctic National Wildlife Refuge, students following such an historic dis- Act of 2005’’ will not achieve these which would be environmentally dam- aster. goals. While it does give physicians a 1 aging and do nothing to reduce our de- Mr. COBURN. Mr. President, I thank percent update for 2006, it does not ad- pendence on foreign oil. The bill fails the leadership for giving me an oppor- dress the impending cuts scheduled for to reflect the priorities of the people of tunity to express some concerns with January 1, 2007. The proposed legisla- our nation and it fails to seriously ad- the version of ‘‘value-based pur- tion does not fix the SGR, it instead dress the major challenges we face as a chasing’’ for physicians in the Medi- places cuts on top of cuts, and infuses Nation. care program, as presented in the Sen- a system that mandates greater vol- We are living today in an increas- ate reconciliation legislation. While I ume on top of one that penalizes physi- ingly global society, one that presents cians for volume increases. Value- commend the committee’s efforts in tremendous opportunities. But with based purchasing and the SGR are not finding budget off-sets to stop the those opportunities come challenges. compatible and cannot work together. Medicare payment cuts facing physi- Today, countries like China and India In exchange for a one percent increase cians next year I believe the com- are becoming increasingly desirable for in 2006, physicians could receive cuts of mittee, and Congress as a whole, has venture capitalists interested in in- up to 7.5 percent in 2007, 2008, 2009, 2010 vestment, for students interested in accepted the idea of ‘‘value-based pur- and 2011. If you think your physician chasing’’ with little discussion, vetting higher education, and for companies in- constituents are frustrated now, wait terested in labor that is not only inex- and evidence that it will actually do until they understand this. pensive but well-educated and well- what people say it will do. Under the suggested program, some We have a big problem in the Medi- trained, too. With economic develop- physicians may have the opportunity ment and expansion have come greater care system. Our physicians, the bread to earn back that additional two per- and butter of the Medicare program competitive pressures. cent cut if they meet specific ‘‘quality’’ Our labor market is under strain— who provide millions of services each and/or ‘‘efficiency’’ measures. Many of real wages are stagnating, health care year to Medicare beneficiaries, are fac- these measures have not yet been de- is becoming increasingly unaffordable, ing unprecedented cuts in their reim- veloped, have not yet been vetted by and pension benefits are being eroded bursement at a time when their own consensus building groups like the Na- and cut. The science and math scores costs are skyrocketing. We have known tional Quality Forum and may or may of our high school seniors are at the about this problem for years, have not be evidenced-based. Before there is bottom of the pack of industrialized taken action to prevent previously value-based purchasing, there must be nations. And we are the only nation in scheduled cuts and once again we must agreed upon, comprehensive quality the developed world where literacy lev- take action this year to prevent more and efficiency measures for each med- els of older adults are higher than cuts. I commend the Senate Finance ical specialty developed by the special- those of young adults. Committee’s efforts for at least pre- ties themselves. In this proposed legis- Our Nation faces a choice. Are the venting these cuts for a year and rec- lation, bureaucrats in Baltimore would administration and Congress going to ommending that physicians receive a primarily develop the measures that respond to new challenges in a sensible modest one percent increase instead of physicians across the country—with and progressive way or will they con- a 4.4 percent cut. I know the physician limited input from the physician and tinue to ignore the facts and adhere to community is grateful for this effort in specialist community. I can tell you as policies that have brought Americans a time of budget deficits, hurricanes a doctor that I am not interested in higher deficits, higher unemployment, and other problems. having some bureaucrat in Baltimore and lower incomes? Will they continue I am concerned about another provi- tell me how to deliver a baby in to hold to the primitive philosophy sion included in the bill—specifically, Muskogee, OK, and my patients are not that lower taxes on the most affluent, value-based purchasing, a.k.a. ‘‘pay- either. Physicians must be the ones to higher taxes on everyone else, and less for-performance.’’ My concern is that develop these measures if they are investment in education, research, and this concept is not ready to be codified going to be held accountable and if it is business growth will somehow magi- and be taken to prime-time. In the last really going to improve quality and not cally restore us to our place of eco- decade, we have already declared two just be another layer of paperwork and nomic preeminence in the world? Medicare physician payment systems— bureaucratic administration. This view is naive and betrays a fun- the current sustainable growth rate I believe pay-for-performance is crit- damental misunderstanding of our his- formula and the volume performance ical to improving quality in our tory. Our economic success has not standard—dysfunctional and unwork- healthcare system. But we must get it been achieved despite investments we able. I do not see the value of diving so right. Our physicians are facing year made in our people, but because of quickly into adding a new, untested after year of cuts and beneficiaries are them. The not-so-benign neglect that and unproven system on top of an al- facing a loss of access to the physicians characterizes much of our current na- ready declared disaster—the sustain- they know and trust. I believe the cor- tional economic policy is not a strat- able growth rate or ‘‘SGR.’’ rect course is to deliberately and me- egy for success. It’s an excuse for com- As a physician, I can attest that thodically build up toward a new physi- placency, and ultimately a recipe for most doctors are dedicated to improv- cian payment system that accurately mediocrity. ing the quality of care they provide accounts for the cost in providing care Regrettably, this reconciliation their patients. The concept of con- to beneficiaries while encouraging and package continues failed policies that tinuing medical education and contin- rewarding high quality and improve- will only continue to erode our Na- uous quality improvement is engrained ment. tion’s place in the world.

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.060 S03NOPT1 S12334 CONGRESSIONAL RECORD — SENATE November 3, 2005 First and foremost, the budget rec- As bad as the cuts are in the bill be- for the most well-off in our society— onciliation package takes the worst fore this body, the companion legisla- who are, by the way, hardly clamoring fiscal record of any president in history tion in the House of Representatives is for the kind of tax largesse that this and makes it worse. It takes proce- much, much worse. It contains food Administration and its allies in the dural rules specifically designed to re- stamp cuts for roughly 300,000 people, Congress insist on heaping upon them. duce the deficit and uses them to in- most of them in working families. It We should be investing in our soci- crease the deficit by $30 to 35 billion contains Medicaid cuts that would re- ety—in our education system and our over the next 5 years. Part one of this duce health care benefits and increase knowledge base. We should be investing reconciliation legislation may be cut- health care costs for roughly 6 million in science and technology and research ting spending by $35 billion, but part children, as well as many low-income and development. This legislation is two will provide tax breaks costing parents, the elderly, and people with not about investing in America. It is even more—$70 billon. disabilities. And it contains cuts in about fiscal irresponsibility in the This fiscal irresponsibility is not an child support enforcement, child care name of tax breaks for those who need isolated case. Under President Bush, assistance, and Federal foster care as- them least. Therefore, Mr. President, I the Federal budget has gone from a sistance. cannot support this bill. surplus of $236 billion in 2000 to a def- So let us not be under any illusions: While I am unhappy with this rec- icit of $319 billion in 2005. The national any conference agreement with the onciliation package overall, I am debt has risen by nearly two and a half other body is likely to be even more pleased that this bill does contain life- trillion dollars since 2000, totaling harmful to the well-being of Ameri- saving legislation that I have intro- roughly $8 trillion as of this morning. cans. duced the past two Congresses that will That amounts to $27,041.81 for every The reason for these cuts is to pay provide Medicare coverage for screen- man, woman, and child in the United for a small portion of President Bush’s ing for a dangerous condition known as States. Every minute in 2005, Repub- tax breaks for those who need them abdominal aortic aneurysm—or AAA— lican budget policies have added least. More than 70 percent of the bene- a silent killer that claims the lives of $1,048,952 to the national debt. fits of the Bush 2001 and 2003 tax break 15,000 Americans each year. AAAs As we have borrowed more, we have packages have gone to the 20 percent of occur when there is a weakening of the been forced to rely increasingly heav- taxpayers with the highest incomes, walls of the aorta, the body’s largest ily on foreign lenders—particularly the according to the nonpartisan Tax Pol- blood vessel. This artery begins to central banks of countries like China icy Center of the Urban Institute and bulge, most often very slowly and with- and Japan—to fund our profligate the Brookings Institution. More than out symptoms, and can lead to rupture ways. Foreign holdings of U.S. Treas- 25 percent of the tax-cut benefits have and severe internal bleeding. AAA is a ury debt have more than doubled under gone to the top one percent. I believe devastating condition that is often the Bush administration from $1.01 these priorities are seriously out of fatal without detection, with less than trillion in January 2001 to $2.06 trillion step with the values of this Nation. 15 percent of those afflicted with a rup- in August 2005. Japan now holds $684 In addition to cutting assistance for tured aorta surviving. Estimates indi- billion of that debt and China now the poor to pay for tax cuts for the cate that 2.7 million Americans suffer holds $248 billion. We are playing a wealthy, this legislation would open from AAA. Further, research indicates dangerous game here by relying so the Arctic National Wildlife Refuge to that when detected before rupturing, heavily on borrowing from abroad. drilling. Not only would such drilling Some in this administration have re- AAAs are treatable and curable in 95 portedly argued that deficits don’t be incredibly damaging to the region’s percent of the cases. And while most matter. I strongly disagree. By blowing fragile ecosystem, it would do nothing AAAs are never diagnosed, nearly all a massive hole in our budget, this ad- to reduce our Nation’s dependence on can be detected through an inexpensive ministration and the Republican ma- foreign oil. Reasonable estimates and painless screening. jority in Congress have seriously jeop- project that drilling in the Refuge I want to thank my colleague Sen- ardized our ability to meet the needs of would provide only enough oil to sat- ator JIM BUNNING for joining me in sup- our nation’s other critical priorities. isfy U.S. demand for 6 months. More- porting this important and lifesaving The cost of the Bush administra- over, this supply would not even come legislation. When we first introduced tion’s deficits is reflected right here in on-line for 10 years. The belief that our this legislation in the last Congress, we this spending reconciliation bill. In country can drill our way out of de- were joined by patients who had suf- order to pay for just a small piece of pendence on foreign energy sources is fered a ruptured aorta as result of an the Bush tax cuts for the most afflu- misguided. AAA and their families. At this event ent, this legislation would impose As a nation, we face significant chal- these patients shared with us their harmful cuts that would fall dispropor- lenges in both the short and long term. harrowing and personal stories of bat- tionately on working Americans and Americans are concerned about finding tling this deadly condition. It is be- the most vulnerable in our society. and keeping good jobs, paying for soar- cause of struggles like theirs that we For example, this bill cuts funding ing energy prices, and whether they are here today at the outset of an ef- for Medicare and Medicaid, which pro- will have good health care when they fort to prevent abdominal aortic aneu- vide health care to poor children, need it. They are concerned about hur- rysms from advancing to the point of working men and women, the disabled, ricane disaster relief and rebuilding as- rupture by providing coverage for a and the elderly. It cuts funding to re- sistance, and preparedness for the simple yet lifesaving screening. Simply habilitate FHA-insured multi-family threat of an avian flu crisis. They are put this legislation is about saving housing. It dramatically increases the concerned about the war in Iraq and lives and I am pleased that it is con- premiums paid by pension plans to the protecting the homeland from terrorist tained in the bill passed today. Pension Benefit Guarantee Corpora- attacks. They are concerned about our Finally, I would also like to say a tion, the Federal pension insurer, mak- education system and our competitive- brief word about the amendment being ing it more expensive for companies to ness in the global economy. offered by Senator BYRD that deals offer defined benefit pension plans for The budget resolution—and the rec- with the issue of H–1B and L–1 visas. their employees. onciliation legislation that carries out His amendment would strike the text While many of the health care cuts in its instructions—is a statement of pri- in the underlying bill dealing with im- the Senate’s reconciliation bill are less orities. Unfortunately, the bill before migrant worker visas and replace it severe than what is contained in par- this body today fails to seriously ad- with a $1,500 fee for employers who file allel House reconciliation proposal, I dress the concerns of American fami- a petition to hire a foreign worker remain concerned that even under the lies and businesses. under the L–1 visa program. Senate plan Medicare beneficiaries will We can do better than this legisla- Immigration reform is a critical have to pay more for critically needed tion. We can do better than harmful issue that this body must address. It is services and access to Medicaid serv- cuts for the poor and for children and a matter of national security, of over- ices could be limited for some bene- for seniors. We can do better than all economic well being, and of pro- ficiaries. using these cuts to pay for tax breaks tecting American workers. Simply put,

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.100 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12335 the underlying bill is not the appro- budget package. The House plan for of the principles on which reconcili- priate place to address such critical Medicaid cuts includes cutting pro- ation was based, I must oppose them. and complicated immigration issues as grams for children, pregnant mothers, Mrs. BOXER. Mr. President, I strong- the H–1B visa. So I thank Senator the disabled, and the elderly, while in- ly oppose the reconciliation bill before BYRD for offering his amendment. I cluding stipulations to shift costs onto the Senate. strongly support it and I hope that my already poor and vulnerable popu- The bill would cut vital programs for colleagues will as well when it comes lations. This bill will result in consid- the middle class, elderly, and poor in to a vote. erable changes to these programs that order to pave the way for yet another Mr. FEINGOLD. Mr. President, to- could negatively affect multiple gen- tax cut for the richest individuals in day’s vote is the first part of a three- erations of American families, and I the county. step budget reconciliation package am deeply concerned about the possi- Hurricane Katrina focused the Na- that actually leaves this Nation’s bility of a final conference report that tion’s attention on America’s poor and budget worse off than it is now, not by adopts the House approach on these displaced. In the wake of the storm, tens of millions of dollars, which itself issues. the people demanded that Congress act would have been a disservice to the In one of the few bright spots in this to help Americans in need and were American public, but by tens of billions package, the Agriculture Committee justifiably angry at the administra- of dollars. overwhelmingly and in a bipartisan tion’s slow and inadequate response. Using reconciliation to push through manner proposed an extension of the Americans recognize that their govern- legislation that will worsen our budget Milk Income Loss Contract, MILC, pro- ment should aid those in distress in deficit and add billions more to the gram as part of its reconciliation pack- order to make this a better country for mountain of debt our children and age. This committee action and the everyone. grandchildren will have to pay is a per- lack of an attempt to remove the ex- That is why I cannot believe only 2 version of a process designed to expe- tension on the floor show the strong months after Katrina, we have a bill dite measures to reduce the deficit. support for this vital dairy safety net. that would cut Medicare and Medicaid Reconciliation was intended to help I renew my call to the administration by $27 billion, increase Medicare pre- facilitate the enactment of measures to fulfill the President’s campaign miums for seniors, cut the availability to reduce the deficit. It is ironic, to say promise and actively work with mem- of affordable housing, and cut support the least, that it should be used to bers of the House to reaffirm the Sen- for our farmers by $3 billion. enact measures that only aggravate ate’s strong support for MILC. Even worse, the House of Representa- our budget deficits and increase our I close by cautioning my colleagues tives is looking to make even deeper massive debt. in the majority party that the prece- cuts to Medicare and Medicaid and to No one who has served in this body dents set by previous reconciliation cut the food stamp program, child sup- for the past 10 years, and especially the bills and being set in this one lay the port enforcement, the foster care pro- past 41⁄2 years, should pretend to be groundwork for the leveraging through gram, and student loan programs. shocked, however. This is only the lat- of policies they may find troubling the These cuts will harm millions of est abuse of a reconciliation process day Democrats become the majority Americans. that in recent years has been the prin- party in the Senate. And that day will And why are the Republicans doing cipal tool used to enact some of the come. this? Not to reduce the deficit, which is most reckless fiscal policies in recent My friends across the aisle may be spinning out of control, but to provide history. thinking, ‘‘We have nothing to lose. tax cuts for millionaires that will at But for even the most cynical, there When Democrats take control, there the end of the day actually increase are new lows in this bill, most notably will be enough of them who will object the deficit. the use of reconciliation to jam to the kinds of abuses of the reconcili- The tax portion of the reconciliation through a controversial policy measure ation process in which we engaged.’’ package will provide $70 billion in tax to permit drilling for oil in the Arctic Well, if that is their thinking, they breaks—$30 billion more than the pro- National Wildlife Refuge. At the very may be right. But I suggest that it is posed spending cuts. In a perversion of least, the Senate should be allowed to an unreliable strategy. The best pro- the budget reconciliation process, the conduct a full and open debate on this tection against possible Democratic Republicans will be adding to, not de- misguided decision to undermine the abuse of reconciliation in the future is creasing, the Nation’s $8 trillion debt. crown jewel of our National Wildlife to ensure that the rules are enforced as The majority of those $70 billion in Refuge System. To say that the inclu- they were intended at all times, not tax breaks will go to the wealthy. Peo- sion of this provision in the reconcili- just when they serve your immediate ple making over $1 million a year will ation package is based on dubious rev- policy objectives. get an average tax cut of $35,491. In enue assumptions would be kind. By Using reconciliation to enact con- comparison, those making between perverting the budget process to push troversial energy and health policies is $50,000 to $200,000 a year will get a through oil and drilling in the Arctic an abuse of that process. Using rec- break of $122. And those making less Refuge, the majority has successfully onciliation to enact legislation that than $50,000 a year will get an average squandered away the legacy of environ- will worsen budget deficits and in- tax cut of $6. mental stewardship initiated by Presi- crease the debt is an abuse of that That means that people who are most dent Eisenhower in 1960. process. hurt by the spending cuts—the middle Also of concern are the significant And, please, let’s not waste the Sen- class, seniors, and the poor—will get changes to the Medicare and Medicaid ate’s time with arguments that some- almost no benefit the tax cuts. programs, cutting programs that offer how this particular bill before us isn’t The reconciliation package also is a critical health care services to people an abuse because this bill, by itself, windfall for big oil. It would allow who most need it. The Senate package does not worsen the deficit. No matter them to drill in one of American’s most does adopt some positive changes, such how many pieces you slice it into, the pristine areas—Alaska’s Arctic Na- as cutting the Medicare Advantage reconciliation package will leave us tional Wildlife Refuge. Fragile wilder- slush fund, preventing Medicare cuts to with bigger deficits, not smaller ones. ness will be opened, threatened, and ul- physician payments, and protecting in- When Congress and the White House timately ruined for the sake of 6 patient rehabilitation hospitals. Unfor- become serious about cleaning up the months’ worth of oil. tunately, the President has made it fiscal mess they created, and when What makes America the greatest clear that he does not support many of they are willing to spread the burden of Nation in the world is our sense of the provisions that will protect bene- that clean up across all programs—de- community and compassion. Ameri- ficiaries, but instead would rather give fense and nondefense discretionary pro- cans look out for each other, and our money to insurance and pharma- grams, entitlements, and the spending government should do the same. ceutical companies. done through the Tax Code—I am ready The budget reconciliation package The administration has stated that it to help. But so long as we see reconcili- reflects none of the core American val- prefers provisions offered in the House ation measures that are contemptuous ues of compassion and equity. Instead,

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.101 S03NOPT1 S12336 CONGRESSIONAL RECORD — SENATE November 3, 2005 it harms those who are most vulner- at the end of the last fiscal year, pro- aging conservation efforts, and taking able in order to benefit the rich and a vides counter-cyclical support for the a careful look at high oil company handful of special interests. nation’s dairy sector. It is targeted. It profits. We do need to act to lower our For these reasons, I cannot support is fair. It is essential. Moreover, it en- dependency on foreign oil, but we can- the budget reconciliation spending bill joys the President’s support. It makes not drill our way out of dependency. and will vote against it. sense as part of the balanced Agri- I’m also particularly disappointed Mr. BUNNING. Mr. President, Earlier culture package in this bill. that the bill we are considering today today, an amendment I have worked But my opposition to the entire contains harmful program cuts that closely with Senator DODD from Con- package is adamant because this bill is would fall disproportionately on the necticut on was passed as part of the just one piece of a fiscally and morally most vulnerable in our society. This budget reconciliation package. The bankrupt budget. Though this bill asks legislation cuts funding for health care amendment is based on legislation we for sacrifices from seniors, students, provided through the Medicaid pro- introduced which would provide a new, farmers and working families, the gram, which provides health insurance one-time screening benefit for abdom- budget of which it is part will add over to poor children, pregnant women, and inal aortic aneurysms, AAAs, under $30 billion to the deficit over the next elderly. My Republican colleagues Medicare for certain, eligible bene- 5 years. Though this bill makes real argue that we must cut waste and ficiaries. cuts in Medicaid, Medicare, aid to fraud in Medicaid and I am not opposed I am pleased this amendment was ac- farmers and funding for conservation to that. However, I do not agree with cepted, and I appreciate the hard work programs across the country, the budg- the arbitrary way they have gone from Senator DODD in helping get this et of which it is part will add $3 trillion about cutting funding from this crit- amendment passed. I hope that we can to the national debt by 2010. ical safety net program—without continue working to ensure that this If this bill was what many on the which millions of Americans would be provision is included in the final rec- floor have argued—a carefully crafted uninsured—and using that money to onciliation package. compromise to cut $39 billion from our pay for tax cuts for people with high AAAs occur when there is a weak- growing federal deficit, I would have to incomes. I’m also concerned about the ening of the walls of the aorta, the think hard before opposing it. But the increased burden this bill places on body’s largest blood vessel. The artery budget calls for today’s bill to be fol- seniors through additional cuts in the begins to bulge and can lead to a rup- lowed with $70 billion tax cut, the bulk Medicare program and an increase in ture and often severe internal bleeding. of which will go to those with more Medicare Part B premiums. I hope my In cases where an artery ruptures, the than $1 million in annual income. colleagues will support several of the survival rate is less than 15 percent, I am willing to make the hard amendments offered today to help min- and approximately 15,000 people die choices to bring our budget deficit imize the impact these cuts could have from ruptured abdominal aortic aneu- down. I am not willing to support tak- on our Nation’s elderly. rysms each year. ing needed services away from those I urge my colleagues to reject this When detected before rupturing, that need them the most—and use bill—and the irresponsible and cruel AAAs are treatable and curable in 95 those cuts as a fig leaf to hide tax budget of which it is part. percent of cases. Nearly all AAAs can breaks for those who need them the Mrs. FEINSTEIN. Mr. President, I be detected through an inexpensive least. rise today truly alarmed about the ad- ultrasound screening. Once detected, a Our budget is the most basic expres- ministration’s fiscal irresponsibility. In the past 5 years, the President’s physician can monitor small aortic an- sion of what we stand for as a govern- policies have turned record surpluses eurysms and begin treating the risk ment. Is this budget really what we into record deficits. Just a few weeks factors, such as high blood pressure want to vote to say? That we are the ago, the Department of Treasury an- and smoking. Large or rapidly growing sort of country that threatens our own nounced that this year’s budget deficit aneurysms are often treated using ei- economic stability by piling deficit is the third largest in history at $319 ther an open surgical procedure or a upon deficit? That we show our fiscal toughness by chopping aid to those in billion. less invasive stent graft, both of which But, that is not where the bad story need? That we show our compassion serve to repair the artery. ends. It is estimated that between 5 to 7 only to those whose biggest problem is By sleight of hand, the administra- percent of adults of the age of 60 have finding a really good tax shelter for tion continues to use other resources AAAs. their growing capital gains? to finance debt, including foreign lend- Our amendment targets AAA Make no mistake, this bill is the first ers and Social Security. The real def- screenings to Medicare beneficiaries piece of the budget that says just that, icit is a staggering $551 billion, 4.5 per- with a family history and those who and for that reason alone, it deserves cent of GDP. exhibit risk factors recommended for our solid opposition. But beyond that, Administration officials are non- screening by the U.S. Preventative there are individual provisions in this chalant about the fiscal disarray. Services Task Force, specifically men bill to which I take exception. One is I am deeply worried. We all should who smoke. The amendment also lim- the use of this bill’s extraordinary fast be. its screening to those eligible bene- track procedures to accomplish what On October 18, the national debt ficiaries who participate in the Wel- big Oil’s proponents have not been able passed the $8 trillion mark. Even more come to Medicare Physical. to get through the Senate in the past: disturbing, the national debt is being This amendment could save thou- opening the Arctic National Wildlife financed by Chinese, Japanese, and sands of lives each year, and I am Refuge to oil drilling. other overseas lenders. To put this into pleased we were able to include it in I have long supported protecting this perspective, in absolute dollars, the this package. valuable and fragile natural wonder, country is borrowing more than ever in Mr. KOHL. Mr. President, I am in re- and I think it is unfortunate that we its history, close to $2 trillion from for- luctant but adamant opposition to the are drilling in this wilderness for a rel- eign nations. We owe over $680 billion reconciliation bill before us. I say re- atively small payback. Those on the to Japan, $390 billion to the European luctant, because I am glad to see the other side of this issue who use the cur- Union, $240 billion to China, and $57 Senate using the reconciliation proce- rent high price of oil to justify the vio- billion to OPEC nations, to name a few. dure for the purposes for which it was lation of this pristine area are short It is beyond me how this administra- intended: making difficult choices to sighted. According to the Department tion can turn a blind eye to these num- reduce spending. And reluctant because of Energy’s own analysis the oil from bers, or how Congress can approve leg- some of the policy changes incor- the refuge will only lower the price of islation that exacerbates these fiscal porated in this bill are necessary and a barrel of oil by one penny. In addi- problems. worthy of the Senate’s support. tion, this oil will not come on line for Instead of facing up to the fiscal One such provision relates to exten- almost a decade. Instead of threatening truth, President Bush ignores the sion of the Milk Income Lost Contract, our natural heritage, I believe we mountain of debt that will burden gen- MILC, program. MILC, which expired should be looking instead at encour- erations to come.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.071 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12337 First, this President shortened the To make matters worse, the tem- size of the average tax cut for middle- budget timeline from 10 years to 5 porary relief for physicians in the bill income families. That means million- years. Relying on this kind of gim- is borne on the back of Medicare bene- aires have received an average tax mickry covers up for the President’s ficiaries in the form of higher Part B break of $100,000 a year while middle- destructive fiscal decisions, especially premiums. This provision will directly income families have received a mere as they relate to tax cuts for the rich. increase the amount Medicare bene- $742. Second, this Republican Congress ficiaries pay each month in premiums Let me be frank, the President’s tax voted against a system to keep the by $2.90 in 2007. That is a 33-percent in- cuts do not help working Americans. In budget in balance. I am referring to the crease in monthly premiums. While it fact, the after-inflation wages of the pay-go rule endorsed by Federal Chair- is vital that Congress prevent future average American earners have man Alan Greenspan and former Sec- cuts in Medicare reimbursement to dropped for the first time in a decade. retary of Treasury Robert Rubin. Pay- physicians, the provision in this bill Meanwhile, the President’s tax cuts go would have required an offset for amounts to a $1.4 billion tax on sen- account for 57 percent of the deficit in- any decrease in revenue. The method iors. That is unacceptable. crease. In fact, President Bush’s tax would have ensured a balanced ap- Further, it is no secret that in- cuts are more expensive than all spend- proach to tax cuts. Unfortunately, Re- creased debt puts pressure on inflation. ing increases combined, including new publican congressional leaders opted In just this past year, the Federal Re- spending for homeland security, the for shunting aside integrity in budg- serve enacted 11 consecutive interest war in Iraq, operations in Afghanistan, eting. They back pay-go in name, but rate increases. expanded antiterrorism efforts, and all not in practice. This means the American people will domestic spending increases. It is a fis- By any standard, the decisions to ig- have to make higher mortgage pay- cal record of excess and recklessness. nore a 10 year budget timeline and dis- ments, pay higher interest, and for And without batting an eye, this regard balancing methods have caused those who own debt, it will take even President goes right along, reiterating massive red ink and send the country longer to pay off their credit cards. his intention of making tax cuts per- For some, this bill will put a college precisely in the wrong direction. manent—at a cost of $11 trillion over 75 education out of reach. Middle-income In fact, Federal Reserve Chairman years—making it clear that even in the families, who have no choice but to Alan Greenspan put it this way: wake of hurricanes, rising gas prices, borrow money for college, will struggle increasing interest rates, and higher The federal budget deficit is on an even more to pay tuition bills. unsustainable path, in which large deficits Due to increasing costs of basic health care costs, this administration result in rising interest rates and ever-grow- needs, there are 1 million more Ameri- will continue to push for lining the ing interest payments that augment deficits pockets of the wealthy. in future years . . . Unless this trend is re- cans living in poverty this year than there were last year. Not only does this I believe we can do better. I believe versed, at some point these deficits will we can bring fiscal responsibility back cause the economy to stagnate or worse. budget reconciliation do nothing to re- duce that number, it puts many more to the budget process and help middle- I fear this reconciliation package, income families. We have done it in the coupled with the administration’s tax Americans at risk of poverty due to higher health care costs and reduced past. We can do it now. cuts, will lead us to even worse times. In 1982, Ronald Reagan agreed to Reconciliation is simply asking too access to social services and education. As for the environment, this rec- undo a significant share of tax cuts to much of middle income families who combat substantial budget deficits. are facing cost increases for basic onciliation blatantly undermines the natural wonders of our country. Ten years later, President George needs. H.W. Bush changed his position on For instance, energy costs to heat Shamefully, it opens the Arctic Na- tional Wildlife Refuge for drilling to al- taxes and signed a bipartisan deficit- one’s home have increased 20 percent reduction package. from last year. Education costs for ready profit-soaked oil companies. And, if that is not enough, this ad- More recently, in the late 1990s, after public universities have increased 7.1 ministration’s fiscal policy forces our inheriting a national deficit totaling percent. Interest rates that impact col- children to pay it all back—not only to 4.7 percent of GDP, the Clinton admin- lege loan payments have doubled over the Social Security Trust Fund, but to istration turned deficits into our first the last 10 months. And, gas prices foreign nations. budget surpluses since 1969. have increased 19 percent over the last At any point, foreign countries can Today, with the national deficit in- 4 months. stop investing in the dollar, and any cluding trust fund accounts reaching Instead of assisting families with small movement could have a signifi- 4.5 percent of GDP, it is time to do the these increased costs, raising the cant and immediate impact on the fis- same. standard of living for the poor, or im- cal stability of our Nation’s currency. In the words of Former Secretary of proving the opportunities to attain a Does this Congress believe it is good Treasury Robert Rubin: college education, this package adds to foreign policy to put our economic in- We are at a critical juncture with respect financial pressures. terests and security in the hands of to the longer-term future of our economy, For health care alone, premiums China, Japan, and the European Union? and the outcome at this juncture will be have climbed higher than $10,000 for Let me be clear, this budget rec- enormously affected—for good or for ill—by families, and this bill will do nothing onciliation is asking Americans to: pay the policy action we take in response to the to reduce out-of-pocket health care more in interest payments, pay more great issues we face. spending. in health care premiums without im- It is time to have the courage to act More perniciously, what the bill does proving benefits, borrow more from for- responsibly. This so called deficit re- do is cut $10 billion in health care eign lenders, further damage our habi- duction package is not what it claims spending for the poorest Americans. tat and environment, and leave an even to be. Yes, it will cut spending by more While the bill provides a 1-year tem- larger bill for future generations to than $30 billion, but in a few weeks porary relief to physicians, a 1 percent pay. these savings will be spent on tax increase in Medicare reimbursements We should be talking about helping breaks for the rich. In the end, this rec- is not enough. This is a Band-Aid fix, American families, not punishing them onciliation package titled ‘‘Deficit Re- at best. When expenses to practice are with new financial burdens. And, for duction’’ will actually increase the def- increasing at a rate of 3 to 5 percent what good reason? None whatsoever. icit by $36 billion. This fiscal strategy annually, a 1-year 1 percent increase in The Bush administration’s Pavlovian edges us closer to fiscal insanity and reimbursements is insufficient. In my response to everything that ills the leaves our children and their children State, where the cost of living is be- economy is: tax cuts—not to middle- impoverished and riddled with debt. yond the reach of many Californians, and low-income families, who need it The first step to doing better is voting doctors are simply choosing not to see most, but, instead, to the wealthiest no on this reconciliation bill. any new Medicare patients or are retir- Americans. Mr. JOHNSON. Mr. President, in ing early due to low reimbursement The wealthiest Americans have re- order to meet its reconciliation in- levels. ceived tax cuts that are 140 times the structions, the Banking Committee

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.036 S03NOPT1 S12338 CONGRESSIONAL RECORD — SENATE November 3, 2005 recommended that S. 1562, the Safe and to pay higher premiums for riskier be- of proposals moves America in exactly Fair Deposit Insurance Act of 2005 be havior, reducing any moral hazard. It the wrong direction. included in the banking title of the is important to note, however, that in This bill moves in the wrong direc- budget reconciliation bill. developing a new risk based premium tion when it comes to agriculture. Ag- Earlier this year, I joined with Sen- system, the FDIC should not nega- riculture program spending amounts to ators ENZI, HAGEL, and ALLARD in in- tively impact the cost of homeowner- about 1 percent of the spending in the troducing this important legislation ship or community credit by charging Federal budget, however, at a time which has garnered strong bipartisan higher premiums to institutions simply when fuel prices are at a record high support and was overwhelmingly ap- because they fund mortgages and other and many rural areas in Colorado proved by the Banking Committee last types of lending through advances from across the country continue to feel the month. Additionally, it has the strong Federal Home Loan Banks. Congress effects of weather-related natural dis- support of the administration, Treas- reaffirmed this relationship between asters, agriculture programs have been ury Department, the Federal Deposit community lenders and Home Loan forced to take $3 billion worth of cuts. Insurance Corporation, and the finan- Banks most recently in the Gramm- These cuts will come out of the pro- cial services industry. Leach-Bliley Act, and deposit insur- grams that farmers, ranchers and rural Deposit insurance is one of the cor- ance reform is not intended to impose communities count on most, including nerstones of our country’s financial any financial cost on the relationship commodity program payments and system. It protects depositors against through direct or indirect premiums. conservation programs like the Con- risks they cannot control, ensures sta- Third, the FDIC will have the discre- servation Reserve Program, CRP. Dur- bility, and allows deposits to remain in tion to periodically index coverage lev- ing my time in the Senate I have spo- our local communities. This important els for both general and retirement ac- ken many times about my concern that legislation will ensure that deposit in- counts to keep pace with inflation. too often Washington leaves our rural surance maintains its strength even This is a compromise made in order to communities to wither on the vine. I believe that this budget reconciliation during times of economic weakness. secure the Bush administration’s sup- Borne out of the need to promote fi- port. Frankly, I feel some form of auto- package only contributes to their de- nancial stability during the Great De- matic indexation would be far pref- cline. This bill moves in the wrong direc- pression, deposit insurance has served erable, and I am disappointed that in- tion when it comes to health care and depositors well by providing stability dexation is left as a discretionary mat- education. The bill cuts college student to banks and to the economy, and it is ter. The real value of deposit insurance aid by over $7 billion, creating less op- coverage is now less than half of what especially critical to our Nation’s portunity for young Americans when it was in 1980 when it was set at smaller financial institutions and com- we should be in the business of creating $100,000. By increasing the level of cov- munity banks. more. It makes deep Medicaid and While there have been differing opin- erage for retirement accounts, we are Medicare cuts, hurting the poor, elder- ions as to how deposit insurance should adjusting for the real value of cov- ly, and disabled who struggle with be reformed, there is general agree- erage. Insuring retirement accounts up healthcare costs. Because of this bill, ment that the system needs to be re- to $250,000 will keep the coverage level seniors will see a 33 percent increase in formed and modernized. The banking up with inflation and will promote fi- premiums for Medicare Part B. Be- industry is rapidly evolving and is be- nancial stability for individual retir- cause of this bill, independent, commu- coming increasingly complex and so- ees. Retirement accounts are the only nity pharmacies, particularly in rural phisticated. Yet the last time any accounts under this bill that will get a areas, will see a change in reimburse- change was made to our system of de- higher coverage level. I believe in the ment formulas that could force them posit insurance was over 20 years ago. current environment, with the uncer- to close their doors, further eroding ac- Reform is long overdue. The time has tainty surrounding social security and cess to health care in this country. come for the system that was put in pension benefits, that it is critical that This bill moves in the wrong direc- place to promote the stability of the we provide appropriate coverage for the tion when it comes to the environment banking system be appropriately re- hard-working Americans who have and to energy policy. It would open the formed to keep pace with the evolution saved for their retirement and long- pristine Arctic National Wildlife Ref- of that system. term care needs. This legislation uge to oil drilling. Ultimately, this Depositors must have confidence that strikes the appropriate balance in that fight is not about barrels of oil, it’s their hard-earned money is protected, regard. about the deeper moral decisions we including the funds that cover their Finally, I would be remiss if I did not make as a nation about how best to ad- daily living expenses to the funds they recognize the banking community in dress our energy needs. Drilling for oil are saving for retirement and a rainy South Dakota for the invaluable and in the Arctic National Wildlife Refuge day. To that end, this legislation intro- critical role they have played in this won’t do a thing for gas prices this duces some very key reforms. process over the past 5 years. I truly winter. It won’t do a thing for gas First, it merges the bank insurance appreciate the input and recommenda- prices in 10 years or even 15 years. In fund with the savings association in- tions that I have received from the in- fact, it won’t do a thing for energy surance fund to create the deposit in- dustry overall. I would also like to prices ever, because even if this provi- surance fund. By doing so, we create a thank Chairman SHELBY, and Ranking sion passes and becomes law, the total stronger and more diversified fund, and Member SARBANES for their leadership, amount of ‘‘technically recoverable eliminate the possibility for disparities Senators ENZI, HAGEL and ALLARD for oil,’’ according to the administration’s in premiums between banks and the many hours of hard work, and own estimates, would reduce gas prices thrifts. FDIC Chairman Don Powell for his by only a penny—and then, not before Second, insurance premiums will be commitment to deposit insurance re- 10 to 15 years from now. risk-based to ensure that banks pay form. This reconciliation bill does not re- based on the risk they pose to the sys- Mr. SALAZAR. Mr. President, I voice flect the right budget priorities. This tem, and the FDIC will be able to price my opposition to the reconciliation bill bill tightens the squeeze already being insurance premiums accordingly. The before the Senate today. America can felt by so many hardworking Ameri- current system does not allow for pre- and should do better. This bill, which cans trying to make ends meet as oil mium assessments to be based on risk, masquerades as a vehicle to help and gas prices soar and winter ap- and therefore, safer banks are sub- shrink the deficit, is actually a part of proaches. Adding insult to injury, sidizing riskier banks. This inflexi- a broader, fiscally irresponsible pack- these irresponsible cuts will not even bility will be eliminated and the as- age of policy and legislation that will help the country with the bottom line, sessment burden will be distributed actually increase the size of the deficit because they are being combined with more evenly and fairly over time. When by over $30 billion in the next 5 years, tax breaks for the wealthiest Ameri- deposit insurance is priced for risk, even as this bill cuts programs that are cans that exceed, by tens of billions of whether the coverage limit is higher or important to the most vulnerable dollars, the value of the cuts them- lower is less relevant. Banks will have Americans. In other words, this series selves. The average benefit of these tax

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.034 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12339 breaks for those with incomes more other countries with greater leverage Policy Act of 2005 for 2 weeks this past than $1 million would be $35,491. But during trade or other negotiations with summer. Opening ANWR to oil and gas for those with incomes under $50,000, us. development was not considered on the the average benefit comes to $6. Amer- In addition to the fiscal irrespon- Energy bill because the votes were not ica can do better. sibility in this reconciliation package, there to pass it except by including it Mr. LEVIN. Mr. President, earlier it is unconscionable that this body in the budget reconciliation bills that this year I voted against the budget would once again decide to cut services we are considering now. resolution that passed the Congress be- for the poor and the disabled and the On a positive note, I am pleased that cause it reflected the wrong priorities. elderly and disadvantaged children and I was able to include language in this That budget resolution short changed then to turn around next week and pro- bill that recognizes the needs of border vital public needs such as education vide the mostly the wealthiest Ameri- States when awarding emergency and and health care for all Americans in cans with $70 billion of tax cuts. I will interoperable communications grants. order to further cut taxes mainly for say at the outset, this bill contains First responders in border States like the wealthiest Americans. The bill be- some good provisions. This bill halts an Michigan, New Mexico, and Minnesota fore us today is the first part of a unwise looming 4.4 percent decrease for face unique challenges and must be three-part budget reconciliation proc- physicians treating Medicare patients able to communicate with a number of ess set up to help carry out that mis- and instead provides a 1 percent in- Federal, State, and local entities in- guided budget. Budget reconciliation is crease. This bill was amended and now cluding FEMA, Customs and Border a special process that gives privileged contains a provision that will prevent a Protection, and the National Guard in short cuts under the rules of the Sen- reduction in Federal money for Michi- addition to police, firefighters and ate. For many of the same reasons that gan Medicaid. This bill also has several emergency medical services personnel I opposed the original budget resolu- provisions to help victims of Hurricane from other jurisdictions who may as- tion, I must also oppose this reconcili- Katrina. sist in the event of a large scale dis- ation bill. Instead of improving our fis- However, a large portion of the aster or terrorist attack. What is often cal situation, the reconciliation pack- spending cuts in this reconciliation bill overlooked is that first responders near age worsens the problem. impacts the millions of Medicare and border crossings must also be able to This first of the three reconciliation Medicaid beneficiaries as well as pro- maintain seamless communication bills is focused on spending cuts. It viders. This is not the first time Con- with their Canadian or Mexican coun- cuts funding for Medicaid, Medicare, gress has attempted to balance the terparts across the border. My amend- low-income housing grants and other budget on the backs of people who rely ment would assist our first responders important programs. These cuts, along on Medicare and Medicaid. In 1997, Con- by creating demonstration projects at with the revenue that could be gen- gress cuts payments to providers and our northern and southern borders. The erated as a result of a shortsighted de- services to beneficiaries and the cuts amendment provides that the Sec- cision to drill in the Arctic National were overreaching. It is my fear the retary of Homeland Security shall es- Wildlife Refuge, ANWR, in Alaska, are same result will come from our actions tablish at least two International Bor- projected to reduce the deficit by $39.1 today. This bill before us cuts reim- der Community Interoperable Commu- billion over the next 5 years. bursement for several types of Medi- nications Demonstration Projects— However, at the same time, both care providers including nursing facili- with at least one of these demonstra- Houses of Congress are working on sep- ties, hospitals and managed care. This tion projects on each of the northern arate versions of the second part of the bill also places caps on payments for and southern borders. These interoper- reconciliation package—the tax bill. Medicare and Medicaid services. People able communications demonstrations That bill would extend $70 billion who rely on Medicare and Medicaid are will address the interoperable commu- worth of tax cuts benefiting largely the going to be hurt by this bill. I hope nications needs of police officers, fire- wealthiest Americans. It simply does that my colleagues take a long look at fighters, emergency medical techni- not make sense to say we need to cut by how much the bad outweighs the cians, National Guard, and other emer- $39.1 billion out of vital programs to re- good in this bill. gency response providers at our bor- duce the deficit while at the same time In addition, I also regret that the ders. increasing the deficit with $70 billion majority decided to include in this In closing, I sincerely hope that fu- in tax cuts. These bills continue an ir- budget reconciliation the opening of ture budgets coming from this body responsible and inequitable tax policy the Arctic National Wildlife Refuge, will be more responsible than this one. that recklessly adds to our deficit. ANWR, to oil and gas development. Furthermore, as imprudent as this bill The third part of this three-part rec- I have consistently opposed opening is, I hope it won’t be made worse in onciliation process will be a bill to ANWR to oil and gas development be- conference after merging with the even allow the national debt to increase by cause I believe it is the wrong approach more misguided House bill. Major bi- another $781 billion. The need for that to addressing our Nation’s need for partisan efforts will be needed to make third bill shows how dreadful our budg- long-term energy security. The actual true progress on the long-term fiscal et situation has become. The U.S. na- reserves in the area that will be avail- problems we face. I will continue to tional debt has already climbed above able for leasing under this provision fight for fair and fiscally responsible $8 trillion. In the fiscal year that just are too small to have a significant im- policies that help generate jobs and ended, we spent over $350 billion just to pact on our Nation’s energy independ- economic security from which all pay the interest on that debt. That is ence and will not produce any oil for Americans can benefit. 14 percent of the Federal Government’s more than a decade. I do not believe Mr. HATCH. Mr. President, this past spending last year. That is money that that this limited potential for oil and March, I stood here to express my re- doesn’t go toward important infra- gas development in ANWR warrants luctant support for the fiscal year 2006 structure improvements, homeland se- endangering what is one of the last re- concurrent budget resolution. My sup- curity or other priorities like health maining pristine wilderness areas in port was reluctant for one reason only. care, education or environmental pro- the United States. I believed the budget did not go far tection. We simply cannot afford to But, also, the process for consider- enough in slowing the growth of Fed- continue building up this massive debt. ation of ANWR on the budget reconcili- eral spending. Not only is it financially irrespon- ation bill has been flawed from the My colleagues will remember that sible to add to this already heavy debt, start. Including this important issue in passing that budget resolution was not but it adds risk to our national secu- the budget reconciliation bill has an easy thing. Both the original Senate rity. Forty-four percent of our national short-circuited the normal legislative version and the conference report debt is held by foreign investors. If process and has eliminated the oppor- passed by very narrow margins. Not these investors ever decide, for eco- tunity for Congress to give the issue one Democrat voted in favor of the nomic or political reasons, to stop fi- the consideration it deserves. In fact, budget resolution, so it was left up to nancing our debt, our markets could be this issue was not even considered those of us on this side of the aisle to severely impacted. This can provide when the Senate debated the Energy pass that resolution.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.074 S03NOPT1 S12340 CONGRESSIONAL RECORD — SENATE November 3, 2005 The major reason why the budget recognize is necessary, is one of the Since the MMA was enacted in 2003, was so difficult to pass was the inher- problems I have with the bill. In addi- there has been a large increase in the ent problem in getting a majority to tion, a great deal of the deficit reduc- availability of Medicare Advantage agree on legislation that cuts the tion in this bill is achieved by raising health plans that provide additional growth in spending for entitlement fees or selling a portion of the broad- benefits and corresponding reductions programs. Entitlement programs are cast spectrum. That being said, I will in total health care costs. For example, those that grow automatically without detail some of my specific objections in rural areas where there has histori- any action from Congress. While they about this in a little while. cally been minimal managed care are many of the most important pro- As to criticisms about so-called tax available, there are now three regional grams in the Government, they are cuts, there are not any in this bill. The PPOs offering an integrated package of also the most expensive. Some Sen- tax reconciliation bill comes later, medical and prescription drug benefits ators wanted more cuts in spending after this bill has passed. And the tax with extra coverage at lower prices, growth than did others, and it was hard provisions that will be in that bill are one of these regional PPOs even offers to get a consensus, especially when generally in the nature of preventing a zero drug deductible. there was absolutely no support from tax increases on the middle class, not The stabilization fund will help make the other side. tax cuts for the wealthy. Moreover, it possible to provide secure access to Nevertheless, we did manage to pass most of those provisions enjoy broad these new, lower-cost coverage options the budget resolution, which was the support on both sides of the aisle. in underserved areas. While more Medi- first step in the process we are trying Do I believe this reconciliation bill is care beneficiaries than ever will have to complete here tonight with the perfect? Far from it. regional Medicare Advantage options budget reconciliation bill. This bill Do I think we could have and should in 2006, further progress is needed for ‘‘reconciles’’ the spending in the budg- have done more in trimming the spend- people with Medicare in 13 States, spe- et with the programmatic changes nec- ing growth of entitlement programs? cifically: my home state of Utah; Alas- essary to achieve the budget numbers. Absolutely. ka; Colorado; Connecticut; Idaho; And while the projected spending As I mentioned before, the signifi- Maine; Massachusetts; New Hampshire; growth in this budget over the next few cance of this bill is not in the amount New Mexico; Oregon; Rhode Island; years is still alarming, the cuts in that of deficit reduction it delivers, but in Vermont; and Washington. When developing the MMA, the Con- growth included in this bill are very the change in direction that it rep- gress recognized that some states much a good first step in the right di- resents. I hope we can pass it and then might not be served by regional Medi- rection. use it as a building block for more def- care Advantage plans in the initial What Senator GREGG, the chairman icit reduction next year. years of the program and strategically of the Budget Committee, emphasized We have only a few short years to created the benefit stabilization fund, in his opening remarks is very signifi- make much larger changes in our enti- which sunsets in 2013, to encourage cant. This is the first time since 1997 tlement spending programs. All of us plans to operate in all areas of the Na- that Congress has attempted to re- know that they are on an upward tra- tion. Utah is one of those States and strain the growth of entitlement spend- jectory that is simply not sustainable. that is why I strongly supported the ing programs. I think we can conclude Passing this reconciliation bill now be- creation of the stabilization fund dur- that although the magnitude of the gins to turn the tide. It sets the stage for more responsible spending. With a ing the MMA negotiations. change is not as large as many of us The stabilization fund helps to make smart mix of pro-growth policies that would like to see, the directional sure that, in future years, plans will will help ensure continued economic change is very important. choose to serve the people with Medi- growth and future spending restraint, According to the Congressional Budg- care who do not have Medicare Advan- et Office, this reconciliation bill would we can begin to lower the deficit and tage options in 2006. And, conversely, reduce federal outlays by more than $39 put our budget in a condition to with- repealing the fund, or cutting its reve- billion over the next 5 years and by al- stand the storms ahead. nues, means reduced benefits and high- Now, I would like to take the time to most $109 billion over the next 10 years. er costs for these seniors in future I realize that many of my colleagues on get into some of the details of the years. the other side of the aisle are scoffing changes included in the bill by the Many Medicare Advantage plans are at the idea these numbers are not large three committees on which I serve. already serving Medicare beneficiaries enough in terms of reducing the deficit. As a senior member of the Senate Fi- with some very generous benefit offer- Why, then, are we not seeing any nance Committee, I worked hard with ings for 2006, with the expectation that spending reduction proposals from Chairman GRASSLEY to ensure that our there would be stability in the pro- them? It is because it is much easier to Committee met the goal of finding $10 gram. For the health plans that are in- throw rocks at our attempts to rein in billion in savings. Unfortunately, the terested in potentially providing this spending growth than it is to make the Finance package also spends a signifi- regional PPO coverage, it is essential hard choices themselves. cant amount of money when I believe for them to know that they will get Rather than having an honest debate that our national focus needs to be on some help with starting up if they need about how best to deal with out-of-con- saving money. Some of it is necessary. it in areas that had been underserved trol budgets, most of what we are hear- Some not. before, and that the Medicare program ing from our friends on the other side And, I am very troubled by how we will keep their payments predictable. is the same old tiresome accusation are paying for this spending. Close to If Congress and the Centers for Medi- that we are reducing spending for $5 billion comes from eliminating the care and Medicaid Services, CMS, start lower-income Americans so that we MedicareAdvantage Regional Plan Sta- cutting promised funding and/or chang- can cut taxes, once again, for those bilization Fund, something I strongly ing program rules even before the first Americans who are wealthy and do not oppose. The stabilization fund is a crit- benefit is administered, we send a very need a tax reduction. This, of course, is ical component to facilitating regional negative signal to plans, and that may a gross distortion of the truth. Preferred Provider Organizations, mean worse coverage options and high- As Chairman GREGG has pointed out, PPOs, in the Medicare Advantage pro- er costs for Medicare beneficiaries in the spending growth reductions in this gram, thus providing these plans to the future. bill are not directed at low-income in- beneficiaries throughout the country, Cuts to or reductions in the stabiliza- dividuals. We worked very hard to particularly in rural areas. tion fund, and therefore, payments to make sure that was the case, especially The MMA has made Medicare Advan- regional plans amount to adding costs in the Finance Committee which has tage plans more widely available with for beneficiaries in the form of higher jurisdiction over such important safe- greater beneficiary savings than ever premiums, reduced benefits, or both. ty-net programs as Medicaid. before, including in rural areas and Without this fund, it will be difficult to Indeed, the bill includes a significant many other areas that previously were convince plans to offer coverage to amount of new spending. The amount not served by Medicare Advantage beneficiaries who currently do not have of this new spending, some of which I plans. access to regional PPOs.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.091 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12341 Maintaining the current stabilization education, and the Higher Education applaud that accomplishment even fund will encourage more regional Act, HEA, we kept in mind the need to though I do not support the means by PPOs to enter the Medicare Advantage meet the reduction in spending goals. which it was achieved. Federal spend- program and make sure that signifi- Each of these reauthorization bills was ing is out of control and, as my col- cantly more people, including my fel- unanimously approved in committee. leagues know, this has been a concern low Utahns, have access to Medicare While I recognize the tough choices of mine for a long time. I am gratified Advantage plans next year. we needed to make, I am pleased over- to see that so many others now share I do not understand why we would be all with the reconciliation bill as it re- my concerns and, more importantly, eliminating this fund, especially before lates to education provisions, account- that we are finally doing something the Medicare drug plan program is even ing for a total savings of $9.8 billion. about irresponsible spending despite operational. It just does not make good Spending increases in the bill include the efforts of a few members on the policy sense and that is why I oppose increases in Pell grants, along with other side of the aisle to scuttle this the elimination. ProGAP, a new grant assistance to Pell reconciliation bill. This is especially vexing given that eligible students. I am pleased that the Judiciary Com- there are a number of other sources for Another new program, SMART mittee did not report a proposed tax on revenue. I will be fighting for more ex- grants, would provide assistance to the explosives industry. It was just tensive restrictions on asset transfers students studying math, science, tech- plain wrong, and it would have hurt a and the inclusion of provisions which nology, engineering, or a foreign lan- lot of people in Utah. Naturally, I would prohibit intergovernmental guage. Subsidized borrowing levels fought tooth and nail to make sure it transfers. Including these provisions were increased, along with a perma- was off the table and I, along with oth- would have severely curtailed activi- nent extension of the Taxpayer-Teach- ers, succeeded in stopping it. This brings us to the current Judici- ties where individuals and some State er Protection Act. Additional loan ary title. I do not think we should have governments have intentionally de- deferments were made for members of used a reconciliation measure to alter frauded the Medicaid program. the Armed Services or the reserves. immigration policy, particularly in I have heard the arguments about These programs would give Utah stu- light of the current debate on com- why we should not have included them dents, particularly those of low or prehensive immigration reform. For in the proposal, but I do not buy those moderate income, greater access to this, and other reasons, I offered an arguments. More aggressive legislating college educations and will boast our amendment that would have imposed a in these areas would preclude some of local and national economy as we seek 5 percent increase in all immigration the other reductions necessitated in to meet the demands of the 21st cen- related fees instead of simply allowing this bill, such as those for the sta- tury workforce. more people into the country as a way bilization fund. Significant savings were found in of reducing our Nation’s deficit. Unfor- The provisions on payment for pre- student loans, mostly from lending in- tunately, my amendment was defeated scription drugs under the Medicaid pro- stitutions, including a requirement for in committee. gram are another deep concern of mine. guaranty agencies to deposit one per- That being said, I recognize that it is These have only been made worse by cent of their collections in the Federal not easy to come up with savings. It adoption of amendments in the Cham- Reserve fund, a reduction in lender in- means tough choices. But it is our job ber. Let me say that while I agree that surance and repeal of the provision to make the tough calls and the Judici- changes are warranted, I am very wor- that guarantees 100 percent of loans for ary Committee did just that. ried about the approach included in the certain lenders. An additional fee is I strongly support moving this pack- bill. I am not sure that the new defini- charged for lenders originating consoli- age through the Senate. However, I tions created for Average Manufactur- dation loans, and permanent restric- want my colleagues to understand my er’s Price, AMP, Weighted Average tions are made on transfer or refunding concerns and that I intend to continue Manufacturer’s Price, WAMP, and the of certain tax-exempt bonds that re- working with them on improving the new formula which were created for the ceive a 9.5 percent rate of return. package. I know this was an extremely Federal Upper Payment Limit, FUPL, I have concerns about last-minute difficult task, and I appreciate all the will address the criticisms of the cur- changes to include major spending in- hard work of many of my colleagues, rent policy. In fact, these new defini- creases, even though they appear to and particularly the chairmen of the tions could make the situation worse. I have been reconciled by savings. How- committees on which I serve. am also troubled that the genesis of ever, my colleagues should know that I Mr. GRASSLEY. Mr. President, the these changes was not a desire for good am paying particular attention to fix- Senate will vote shortly on final pas- policy, but rather an interest in seek- ing the interest rate for undergraduate sage of S. 1932. We have had a good de- ing funding from a ‘‘deep pocket.’’ That and graduate non-consolidation bor- bate on this bill. I commend the chair- trend was only exacerbated during Sen- rowing at 6.8 percent, preferring a man of the Budget Committee for his ate consideration of the Finance title, choice of a variable rate similar to the effective and fair management of the as we added two rebate-related amend- House provision. I am also concerned consideration of this bill this week. ments with spending implications that about the way certain bills are struc- The Senate Finance Committee title totaled several billions of dollars more. tured that are currently before the was carefully crafted to address a wide It is clear to me that, as consider- Senate that deal with the inclusion of range of member priorities. The Senate ation of the conference report begins, Katrina public and private school pay- Finance Committee title is a com- we must continue discussions with the ments. promise—one that was meticulously various stakeholders who have a vested The HELP Committee also included negotiated over many months. It rep- interest in making this policy work, in provisions increasing significantly the resents clear-headed, commonsense re- particular, the pharmacists and the amounts of premiums employers that forms. But here is something that should pharmaceutical companies. sponsor defined benefit pension plans make a lot of people wonder what is The budget resolution contained a must pay to the Pension Benefit Guar- going on around here. I noted with in- reconciliation instruction directing the antee Corporation, PBGC. These in- terest a recent Washington Post article Senate Health, Education, Labor, and creases were larger than they needed to which notes: Pensions, HELP Committee, on which I be, and represent placeholders until we serve, to reduce spending by $13.7 bil- The Senate package is gaining kudos from can pass the pension reform bill that some unlikely sources. Liberal budget and lion in 5 years. We on the HELP Com- was produced by the Finance and antipoverty groups say the Senate budget- mittee worked very hard to achieve HELP Committees. I hope we will soon cutting legislation largely avoids cuts that this goal, which required difficult be able to consider and pass that legis- will hit low-income beneficiaries . . . spending vs. savings decisions. lation, partly for the reason of reduc- And here is another one. The Associ- Within the past months, as we wrote ing these premium increases to more ated Press reports: reauthorizing language for the Work- reasonable amounts. As a result, the Senate’s Medicare and force Investment Act, WIA, Head Start, The Judiciary Committee greatly ex- Medicaid cuts largely won’t touch bene- the Perkins Act, career and technical ceeded its reconciliation targets, and I ficiaries of the programs, instead tapping

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.092 S03NOPT1 S12342 CONGRESSIONAL RECORD — SENATE November 3, 2005 drug companies, pharmacies and insurance So that means that a ‘‘no’’ vote is a anced approach to Medicaid reform and subsidies for much of the savings. vote against the Family Opportunity program improvements is opposition to I am therefore somewhat confused Act’s expansion of Medicaid eligibility protecting access for rural bene- why more of my friends and colleagues for severely disabled children. Opposi- ficiaries. from the Democratic side are not going tion to this provision means forcing So that means that a ‘‘no’’ vote is a to support final passage of this bill. I many working families to refuse better vote against protecting small rural think I know partly what the answer jobs or promotions—keeping them poor hospitals and sole community hospitals is—is it because the House version of in order to qualify for Medicaid or, by extending the hold-harmless provi- this bill is much more far-reaching worse, relinquish custody of their dis- sions that protect them from losses re- abled child to the State so that their than the Senate proposal? Is it because sulting from implementation of the child can continue to get the services the same groups that praise the Senate hospital outpatient prospective pay- they need. bill oppose the process moving forward ment system. on that basis? A ‘‘no’’ vote is also a vote against the I would make the point that I think Family Opportunity Act’s protection A ‘‘no’’ vote is also opposition to ex- the Senate’s position in going to con- for families whose newborn is diag- tending the Medicare Dependent Hos- ference with the House would be nosed with a severe disability from pital Program, which provides finan- strengthened if S. 1932 passed with being liable for thousands of dollars of cial protections to rural hospitals with strong bipartisan support. I do not un- medical costs. less than 100 beds that have a greater derstand why the liberal budget groups A ‘‘no’’ vote is a vote against ‘‘Money than 60 percent share of Medicare pa- are not urging Democrats to unite in Follows the Person,’’ which provides tients. grants to States to increase the use of support of the Senate bill. A ‘‘no’’ vote also means opposition to home and community based services, I believe that the American people expanding coverage of additional pre- rather than institutional services. want us to join together to get things ventive benefits under Federal Quali- done. They want us to get our fiscal ‘‘Money Follows the Person’’ also eliminates barriers so that individuals fied Health Centers. house in order, but they also want us Why would my Democratic col- to enact compassionate policies that can receive support for long-term serv- ices in the settings of their choice. leagues oppose such commonsense, help honest-to-goodness working fami- Opposition to the Senate bill’s bal- practical policies that save the States lies. The Senate bill meets both of anced approach to Medicaid reform and money, expand access for low income those priorities. Here is the bottom program improvements is opposition to and disabled children, help rural hos- line, and I want all my friends on the a down payment on Hurricane Katrina pitals and make progress to rebal- other side of the aisle to hear this. disaster relief. ancing the institutional bias in the Here is what a vote against the Senate So that means that a ‘‘no’’ vote is a Medicaid program? bill we have before us today means. Op- vote against providing $1.8 billion to I am saddened that it appears my col- position to the Senate bill’s balanced protect Medicaid benefits in Alabama, leagues cannot put partisan politics approach to Medicaid reform and pro- Louisiana, and Mississippi for people aside and get behind a bill that saves gram improvements is opposition to affected by Hurricane Katrina. achieving savings, preserving services, Opposition to the Senate bill’s bal- money for States, protects and expands and protecting beneficiaries. anced approach to Medicaid reform and access, and preserves benefits. I urge A ‘‘no’’ vote is a vote against cutting program improvements is opposition to my colleagues to support the Senate wasteful spending in Medicaid and protecting health coverage for thou- bill. Let’s show the American people other changes that provide additional sands of children and improving the that we can put politics aside and resources to State Medicaid programs. State Children’s Health Insurance Pro- stand together and get things done for A ‘‘no’’ vote is a vote against having gram. the good of the country. the State and Federal Government pay A ‘‘no’’ vote is a vote against pre- Mr. GREGG. Mr. President, pursuant less for drugs. venting funding shortfalls in the Chil- to section 313(c) of the Congressional A ‘‘no’’ vote is a vote against tight- dren’s Health Insurance Program in 23 Budget Act of 1974, I ask unanimous ening up asset transfers, thereby pay- States. consent to have printed in the RECORD ing less for nursing home care through A ‘‘no’’ vote is a vote against pro- a list of material in S. 1932 considered Medicaid. viding new options for private coverage to be extraneous under subsections A ‘‘no’’ vote is a vote against increas- of long-term care through Long-term (b)(1)(A), (b)(1)(B), and (b)(1)(E) of sec- ing State and Federal payments from Care Partnerships. tion 313. The inclusion or exclusion of drug companies. A ‘‘no’’ vote also means opposition to material on the following list does not A ‘‘no’’ vote is a vote against a $2 bil- closing loopholes that permit the un- lion windfall to the States. scrupulous ‘‘gaming’’ of Medicaid eligi- constitute a determination of extrane- Opposition to the Senate bill’s bal- bility rules to intentionally shelter as- ousness by the Presiding Officer of the anced approach to Medicaid reform and sets to qualify for taxpayer-financed Senate. program improvements is opposition to long-term care coverage in Medicaid. There being no objection, the mate- the bipartisan Family Opportunity Those who vote against this bill are rial was ordered to be printed in the Act. also opposing the Senate bill’s bal- RECORD, as follows:

EXTRANEOUS PROVISIONS—SENATE BILL (Prepared by Senate Budget Committee Majority Staff) TITLE I—AGRICULTURE, NUTRITION AND FORESTRY

Provision Violation/comments

N/A ...... N/A.

TITLE II—BANKING, HOUSING, AND URBAN AFFAIRS

Provision Violation/comments

Sec. 2014(b)(3)(F) ...... 313(b)(1)(A)—Report to Congress. Sec. 2018(a) ...... 313(b)(1)(A)—Studies of potential changes to the federal deposit insurance system—just a study. Sec. 2018(b) ...... 313(b)(1)(A)—Studies of potential changes to the federal deposit insurance system—just a study. Sec. 2025 ...... 313(b)(1)(A)—Authorization of Appropriations—no money involved.

TITLE III—COMMERCE, SCIENCE, AND TRANSPORTATION

Provision Violation/comments

3005(c)(2) ...... 313(b)(1)(E)—Low-power TV and translator outlays occur after 2010, increasing the deficit. 3005(c)(3) ...... 313(b)(1)(E)—Interoperability grant outlays occur after 2010, increasing the deficit. 3005(c)(4) ...... 313(b)(1)(E)—E911 outlays occur after 2010, increasing the deficit. 3005(c)(5) ...... 313(b)(1)(E)—Coastal assistance outlays occur after 2010, increasing the deficit. 3005(d) ...... 313(b)(1)(A)—Transferring offsetting receipts that federal government has already received does not produce a change in outlays.

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 8634 E:\CR\FM\A03NO6.083 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12343

Provision Violation/comments

3005(f) ...... 313(b)(1)(A)—Does not produce a change in outlays as additional receipts could not be spent and would be deposited in Treasury anyway.

TITLE IV—ENERGY AND NATURAL RESOURCES

Provision Violation/comments

N/A ...... N/A.

TITLE V—ENVIRONMENT AND PUBLIC WORKS

Provision Violation/comments

N/A ...... N/A.

TITLE VI—FINANCE

Provision Violation/comments

6012(a)(5)(F) ...... 313(b)(1)(A)—Requirements on insurance sellers produce no change in outlays or revenues. 6012(b)(4) ...... 313(b)(1)(A)—State reporting requirement produces no change in outlays or revenues. 6012(c) ...... 313(b)(1)(A)—Annual report to Congress produces no change in outlays or revenues. 6022 ...... 313(b)(1)(A)—CBO score of zero 6026(a), Sec. 1937(a) ...... 313(b)(1 )(A)—Medicaid CFO produces no change in outlays or revenues. 6026(a), Sec. 1937(b) ...... 313(b)(1)(A)—Oversight Board produces no change in outlays or revenues. 6026(a), Sec. 1937(e) ...... 313(b)(1)(A)—Annual report produces no change in outlays or revenues. 6036(e) ...... 313(b)(1)(A)—Reports produce no change in outlays or revenues. 6043(c)(2) ...... 313(b)(1)(A)—Budget neutrality language produces no change in outlays or revenues. 6103(c) ...... 313(b)(l)(A)—Study and Report by HHS Inspector General produces no change in outlays or revenues. 6103(d) ...... 313(b)(1)(A)—Rehabilitation Advisory Council produces no change in outlays or revenues. 6110(a), 1860E–1(e) ...... 313(b)(1)(A)—Arrangement with an Entity to Provide Advice and Recommendations produces no change in outlays or revenues. 611O(b)(3)(E) ...... 313(b)(1)(A)—Report produces no change in outlays or revenues. 6110(c)(1)(C) ...... 313(b)(1)(A)—Sense of the Senate produces no change in outlays or revenues. 6110(g)(1) ...... 313(b)(i)(A)—Requirement for skilled nursing facilities to report functional capacity of Medicare residents upon admission and discharge produces no change in outlays or revenues. 6113(d) ...... 313(b)(1)(A)—Evaluation of PACE providers serving rural service areas produces no change in outlays or revenues. 6026(a), Sec. 1936(d) ...... 313(b)(1)(A)—5–year plan produces no additional change in outlays or revenues. 6026(a), Sec. 1936(3)(3) ...... 313(b)(1)(A)—Annual report requirement produces no change in outlays or revenues.

TITLE VII—HEALTH, EDUCATION, LABOR AND PENSIONS

Provision Violation/comments

Sec. 7101(f) ...... 313(b)(1)(A)—Pro-GAP Sunset language/does not produce a change in outlays. Sec. 7101(b) ...... 313(b)(1)(A)—Pro-GAP Sense of the Senate/does not produce a change in outlays. Sec. 7102(a), (b) and (d) ...... 313(b)(1)(A)—SMART Grant findings/purpose/name, do not produce a change in outlays. Sec. 7102(i) ...... 313(b)(1)(A)—SMART Grant matching assistance/does not produce a change in outlays. Sec. 7109 ...... 313(b)(1)(A)—Single Holder Rule/does not produce a change in outlays. Sec. 7122(b) ...... 313(b)(1)(A)—Evaluation of Simplified Needs Test/does not produce a change in outlays. Sec. 7153(h), (i), (j), and Sec. 7155 ...... 313(b)(1)(A)—Authorizes waivers of provisions of discretionary and programs, and addresses certain reporting requirements/do not produce a change in outlays. Sec. 7201(d)(3) ...... 313(b)(1)(A)—Pensions: (d)(3) special rule regarding future legislation/does not produce a change in outlays. Sec. 7301, Sec. 7302 and Sec. 7311 ...... 313(b)(1)(A)—HEA general provisions and definitions/do not produce a change in outlays. Sec. 7314 ...... 313(b)(1)(A)—Protection of Student Speech and Assoc Rights/does not produce a change in outlays. Sec. 7315 ...... 313(b)(1)(A)—Nat’l Advisory Comm. on Inst Quality/does not produce a change in outlays. Sec. 7316 ...... 313(b)(1)(A)—Drug and Alcohol Abuse Prevention/does not produce a change in outlays. Sec. 7317 ...... 313(b)(1)(A)—Prior Rights and Obligations—updates discretionary authorizations/does not produce a change in outlays. Sec. 7318 ...... 313(b)(1)(A)—Cost of Higher ED Consumer Info/does not produce a change in outlays. Sec. 7319 ...... 313(b)(1)(A)—Performance Based Org for Delivery of Fed Student Assist/does not produce a change in outlays. Sec. 7320 ...... 313(b)(1)(A)—Procurement Flexibility/does not produce a change in outlays. Sec. 7331 ...... 313(b)(1)(A)—Teacher Quality Enhancement /does not produce a change in outlays. Sec. 7341–7350 Sec...... 313(b)(1)(A)—Institutional Aid/does not produce a change in outlays. Sec. 7351 ...... 313(b)(1)(A)—Technical Corrections/does not produce a change in outlays. Sec. 7361 2(A) ...... 313(b)(1)(A)—Pell—max authorized grant. Nothing in Pro-GAP is driven off of ‘‘max’’ Pell Grant/does not produce a change in outlays. Sec. 7362 ...... 313(b)(1)(A)—TRIO Programs/does not produce a change in outlays. Sec. 7363 ...... 313(b)(1)(A)—GEAR-UP/does not produce a change in outlays. Sec. 7364 ...... 313(b)(1)(A)—Repeal of Academic Achievement Scholarships/does not produce a change in outlays. Sec. 7365 ...... 313(b)(1)(A)—SEOG/does not produce a change in outlays. Sec. 7366 ...... 313(b)(1)(A)—LEAP/does not produce a change in outlays. Sec. 7367 ...... 313(b)(1)(A)—Migrant ED/does not produce a change in outlays. Sec. 7368 ...... 313(b)(1)(A)—Robert C. Byrd Honors/does not produce a change in outlays. Sec. 7369 ...... 313(b)(1)(A)—Child Care Access Means Parents in School/does not produce a change in outlays. Sec. 7370 ...... 313(b)(1)(A)—Repeal of Learning Anytime Anywhere Partnerships/does not produce a change in outlays. Sec. 7386 ...... 313(b)(1)(A)—Reports to Credit Bureaus & Institutions/does not produce a change in outlays. Sec. 7387 ...... 313(b)(1)(A)—Common Forms and Formats/does not produce a change in outlays. Sec. 7388 ...... 313(b)(1)(A)—Information to Borrower and Privacy/does not produce a change in outlays. Sec. 7389 ...... 313(b)(1)(A)—Consumer Education Information/does not produce a change in outlays. Sec. 7391 ...... 313(b)(1)(A)—Federal Work Study/does not produce a change in outlays. Sec. 7393 ...... 313(b)(1)(A)—Grants for Work Study Programs/does not produce a change in outlays. Sec. 7394 ...... 313(b)(1)(A)—Job Location and Development Programs/does not produce a change in outlays. Sec. 7395 ...... 313(b)(1)(A)—Work Colleges—discretionary program/does not produce a change in outlays. Sec. 7412 ...... 313(b)(1)(A)—Terms of Loans—technical change/does not produce a change in outlays. Sec. 7422 ...... 313(b)(1)(A)—Discretion of Financial Aid Administrators/does not produce a change in outlays. Sec. 7432 ...... 313(b)(1)(A)—Compliance Calendar/does not produce a change in outlays. Sec. 7437 ...... 313(b)(1)(A)—Institutional and Financial Info/Assist to Students/does not produce a change in outlays. Sec. 7438 ...... 313(b)(1)(A)—Nat’l Student Loan Data System/does not produce a change in outlays. Sec. 7439 ...... 313(b)(1)(A)—Early Awareness of Financial Aid Eligibility/does not produce a change in outlays. Sec. 7442 ...... 313(b)(1)(A)—Reg. Relief and Improvement/does not produce a change in outlays. Sec. 7443 ...... 313(b)(1)(A)—Transfer of Allotments/does not produce a change in outlays. Sec. 7445 ...... 313(b)(1)(A)—Purpose of Admin Payments/does not produce a change in outlays. Sec. 7446 ...... 313(b)(1)(A)—Advisory Committee on Student Financial Assist/does not produce a change in outlays. Sec. 7447 ...... 313(b)(1)(A)—Regional meetings/does not produce a change in outlays. Sec. 7448 ...... 313(b)(1)(A)—Year 2000/does not produce a change in outlays. Sec. 7451 ...... 313(b)(1)(A)—Recognition of Accrediting Agency or Assoc/does not produce a change in outlays. Sec. 7452 ...... 313(b)(1)(A)—Administrative Capacity Standard/does not produce a change in outlays. Sec. 7453 ...... 313(b)(1)(A)—Program Review and Data/does not produce a change in outlays. Sec. 7501 ...... 313(b)(1)(A)—Developing Institutions Definitions/does not produce a change in outlays. Sec. 7502 ...... 313(b)(1)(A)—Auth Activities/does not produce a change in outlays. Sec. 7503 ...... 313(b)(1)(A)—Duration of Grant/does not produce a change in outlays. Sec. 7504 ...... 313(b)(1)(A)—Hispanic American Post baccalaureate/does not produce a change in outlays. Sec. 7505 ...... 313(b)(1)(A)—Applications/does not produce a change in outlays. Sec. 7506 ...... 313(b)(1)(A)—Cooperative Arrangements/does not produce a change in outlays. Sec. 7507 ...... 313(b)(1)(A)—Authorization of Appropriations/does not produce a change in outlays. Sec. 7601 ...... 313(b)(1)(A)—International Education Programs/does not produce a change in outlays. Sec. 7602 ...... 313(b)(1)(A)—Graduate and Undergraduate Language and Area Centers and Programs/does not produce a change in outlays. Sec. 7603 ...... 313(b)(1)(A)—Undergrad International Studies and Foreign Languages/does not produce a change in outlays. Sec. 7604 ...... 313(b)(1)(A)—Research Studies/does not produce a change in outlays. Sec. 7605 ...... 313(b)(1)(A)—Tech Innovation and Cooperation for Foreign Info Access/does not produce a change in outlays. Sec. 7606 ...... 313(b)(1)(A)—Selection of Certain Grant Recipients/does not produce a change in outlays. Sec. 7607 ...... 313(b)(1)(A)—American Overseas Research Centers/does not produce a change in outlays. Sec. 7608 ...... 313(b)(1)(A)—Auth of Appropriations/does not produce a change in outlays.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 8634 E:\CR\FM\A03NO6.111 S03NOPT1 S12344 CONGRESSIONAL RECORD — SENATE November 3, 2005

Provision Violation/comments

Sec. 7609 ...... 313(b)(1)(A)—Centers for IntI Business Education/does not produce a change in outlays. Sec. 7610 ...... 313(b)(1)(A)—Education and Training Programs/does not produce a change in outlays.. Sec. 7611 ...... 313(b)(1)(A)—Auth of Appropriations/does not produce a change in outlays. Sec. 7612 ...... 313(b)(1)(A)—Minority Foreign Service ProfDev Program/does not produce a change in outlays. Sec. 7613 ...... 313(b)(1)(A)—Institutional Development/does not produce a change in outlays. Sec. 7614 ...... 313(b)(1)(A)—Study Abroad Program/does not produce a change in outlays. Sec. 7615 ...... 313(b)(1)(A)—Advanced Degree in IntI Relations/does not produce a change in outlays. Sec. 7616 ...... 313(b)(1)(A)—Internships/does not produce a change in outlays. Sec. 7617 ...... 313(b)(1)(A)—Financial Assistance/does not produce a change in outlays. Sec. 7618 ...... 313(b)(1)(A)—Report/does not produce a change in outlays. Sec. 7619 ...... 313(b)(1)(A)—Gifts and Donations/does not produce a change in outlays. Sec. 7620 ...... 313(b)(1)(A)—Auth. of Appropriations for Inst of Intl Public Policy/does not produce a change in outlays. Sec. 7621 ...... 313(b)(1)(A)—Definitions/does not produce a change in outlays. Sec. 7622 ...... 313(b)(1)(A)—Assessment and Enforcement/does not produce a change in outlays. Sec. 7701–Sec. 7716 ...... 313(b)(1)(A)—Graduate and Postsecondary Improvement Programs/does not produce a change in outlays. Sec. 7801 ...... 313(b)(1)(A)—Misc. Discretionary Programs/does not produce a change in outlays. Sec. 7901 ...... 313(b)(1)(A)—Amendments to Other Laws/does not produce a change in outlays. Sec. 7902 ...... 313(b)(1)(A)—Agreement with Gallaudet University/does not produce a change in outlays. Sec. 7903 ...... 313(b)(1)(A)—Agreement with Nat’l Tech Inst for the Deaf/does not produce a change in outlays. Sec. 7904 ...... 313(b)(1)(A)—Cultural Experiences Grants/does not produce a change in outlays. Sec. 7905 ...... 313(b)(1)(A)—Audit/does not produce a change in outlays.

Mr. GREGG. Mr. President, at this These policies are driving us deeper cantly reduce the deficit. It will be a time, we have come to the end of the and deeper into debt to foreign nations. veto to reduce the deficit by approxi- amendment process. I now ask, before In just the 4 years or 5 years of this mately $35 billion. we go to final passage, we have 5 min- administration, we have seen the debt If you oppose the next bill that utes equally divided between myself of the country multiplied by $3 trillion. comes down the pike—the tax relief and Senator CONRAD, and then we will I urge my colleagues to say no. Let bill—that is your choice. But that is go to final passage. us not continue any further down this not what you are voting on here. What The PRESIDING OFFICER. Without course of deficits and debt. you are voting on here is the oppor- objection, it is so ordered. Mr. GREGG. Mr. President, let me tunity to reduce the deficit, and it is Mr. CONRAD. Mr. President, first of begin by thanking all my colleagues the only opportunity you are going to all, I thank the staffs, the very profes- for their very constructive efforts have, and it is the first time, as I men- sional staffs on both sides. I especially today. The fact that we were able to tioned, in 8 years that we will be pro- thank the chairman of the Budget complete the voting process today was ceeding down this road. It is a step to- Committee for his professionalism and a reflection of the willingness of people ward fiscal responsibility, and it is a his diligence in working on this bill. He in this Chamber, especially the staff reflection of the Republican Congress’s has been such a pleasure to work with. who acted in an extraordinarily profes- commitment to pursue a path of fiscal His word is gold. sional way. responsibility. I appreciate very much his staff, as Also, of course, I want to thank Sen- I ask for the yeas and nays. well—Scott Gudes, Gail Millar, Jim ator CONRAD and his staff, Mary Naylor The PRESIDING OFFICER. Is there a Hearn, Cheri Reidy, and the rest of the and her team. sufficient second? majority staff. Senator CONRAD has been an incred- There is a sufficient second. I want to also thank my staff—Mary ibly positive, constructive, and profes- The yeas and nays were ordered. Naylor, John Righter, my counsel Lisa sional individual to work with on this The PRESIDING OFFICER. The Konwinski, Jim Esquea, Sarah Kuehl, bill. This bill would not have been com- question is on the engrossment and Mike Jones, Cliff Isenberg, Jim Miller, pleted—even though he may not agree third reading of the bill. Kobye Noel, Shelley Amdur, Steve with the bill, which he doesn’t, obvi- The bill was ordered to be engrossed Baily, Rock Cheung, Dana Halvorson, ously, and he has argued his position— for a third reading and was read the Tyler Haskell, Jim Klumpner, Jamie he has been more than fair in allowing third time. Morin, Stu Nagurka, Anne Page, Steve us to proceed through the bill. And it is The PRESIDING OFFICER. The ma- Posner, and David Vandivier. a reflection of his extraordinary profes- jority leader is recognized. Mr. President, you can’t judge a book Mr. FRIST. Mr. President, it has by its cover. The language being used sionalism. I thank everyone on the staff, except been a long day. The next vote on final here is that this is a package of deficit his chart maker. passage will be our last vote of the day. reduction. But this is the first chapter. (Laughter) The first chapter reduces spending by This will be our 22nd rollcall vote of I also especially want to thank my the day. $39 billion. But the next chapter will staff—led by the inimitable Scott reduce taxes by $70 billion. The third I thank the chairman and the rank- Gudes—Gail Miller, Jim Hearn, Cheri ing member for a tremendous job. chapter will increase the debt by $781 Reidy, and the rest of the staff—Dave billion. You have to read the whole About 4 or 5 days ago, we said it was Fisher and Denzel McGuire. We have book to know the conclusion. The con- going to be done by 6 o’clock. We were had two staff members who have had clusion of their book is more deficits going to complete this bill. Indeed, children just recently, Bill Lucia and and more debt. they have accomplished just that. No one should believe this vote is Matt Howe. Matt’s child was born just We will be in session tomorrow, but about deficit reduction while insisting as the debate started. I am sure he there will be no rollcall votes. We will on another $70 billion of tax cuts as called him ‘‘deficit reduction.’’ We are go to the DOD authorization bill. part of this package. In the second all very excited about that. We very Again, there will be no rollcall votes chapter of the book, the deficit actu- much appreciate the extraordinary job tomorrow. We will be on the DOD au- ally goes up. The majority’s proposal the staff has done here. thorization bill on Friday and Monday. to increase the debt limit by $781 bil- I think it is important for our mem- We will have rollcall votes Monday lion, which is the third chapter of their bership to remember that this is the night. We will not be voting before 5:30 book. With passage of this, the debt of first time in 8 years that this Congress on Monday. this country will have increased by $3 has stepped forward to try to reduce With that, congratulations. I yield trillion during just this President’s ad- spending by addressing the entitlement the floor. ministration. and mandatory accounts of our Gov- The PRESIDING OFFICER. The bill This package represents a continu- ernment. This is a major step forward having been read the third time, the ation of the failed fiscal policies of this in the activity of fiscal responsibility. question is, Shall the bill pass? The administration. The other side of the aisle has tried clerk will call the roll. We can do better as a nation, and we to join this bill with other bills. The The assistant legislative clerk called can do much better—and we must. simple fact is, the only vote you will the roll. This budget, if approved, will in- cast—the only vote that will be cast in Mr. DURBIN. I announce that the crease the debt of this country over the the next few minutes—will be the only Senator from New Jersey (Mr. CORZINE) next 5 years by another $3 trillion. vote you are going to have to signifi- is necessarily absent.

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.113 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12345 The PRESIDING OFFICER. Are there did not have to get involved in the BUNNING pointed out, the Major League any other Senators in the Chamber de- issue of drug abuse in professional Baseball players said they would, by siring to vote? sports. Unfortunately, this might be the World Series, come up with an The result was announced—yeas 52, the only way to get professional sports agreement. That has not happened. nays 47, as follows: to finally clean up its act. The legislation is an effort to set [Rollcall Vote No. 303 Leg.] As a former major league baseball minimum standards that have proven YEAS—52 player and member of its Hall of Fame, effective in Olympic sports and would protecting the integrity of our national also introduce independence—and this Alexander Ensign Murkowski Allard Enzi Nelson (NE) pastime is a matter near and dear to is crucial—into the drug testing pro- Allen Frist Roberts my heart. I know it is near and dear to grams of professional leagues. Bennett Graham Santorum the hearts of so many across America. Without an independent entity, such Bond Grassley Sessions We have heard a lot of talk over the as the U.S. Anti-doping Agency that Brownback Gregg Shelby Bunning Hagel Smith last year about the leagues working to establishes and manages a testing and Burns Hatch Specter implement new, tougher drug-testing adjudication program, the fox will con- Burr Hutchison Stevens standards. So far, that is all it has tinue to guard the henhouse. That is Chambliss Inhofe Sununu Coburn Isakson been, a lot of talk. Major League Base- exactly the problem that the U.S. Talent Cochran Kyl ball and its baseball union told us over Olympic movement faced several years Thomas Cornyn Landrieu a month ago they hoped to have a new ago, and they brought integrity back Craig Lott Thune Crapo Lugar Vitter agreement in place by the end of the to American Olympic sports by putting DeMint Martinez Voinovich World Series. The World Series is over the responsibility for testing in the Dole McCain Warner and there is still no agreement. The hands of an independent entity. Domenici McConnell time for talking is over. The leagues There are some who argue that Sen- NAYS—47 have had their chance and have failed ator BUNNING and I have no business Akaka Dodd Lincoln to lead. Now we are going to do it for legislating an issue which is basically a Baucus Dorgan Mikulski them. labor-management issue. We agree. We Bayh Durbin Murray We are, in a way, obligated to act agree. We do not want to have to legis- Biden Feingold Nelson (FL) since they cannot. We must not only late. We do not want to have to force Bingaman Feinstein Obama Boxer Harkin Pryor ensure that our Federal drug laws are both entities to do something they oth- Byrd Inouye Reed (RI) not being circumvented, but we also erwise should have done, but we have Cantwell Jeffords Reid (NV) Carper Johnson need to restore some integrity to the no choice. As the Senator from Ken- Rockefeller Chafee Kennedy games that tens of millions of Ameri- tucky has so eloquently pointed out, Salazar Clinton Kerry Sarbanes cans enjoy so much. We must act for our obligation is not to the people who Coleman Kohl the sake of our children who see these are making millions of dollars this Collins Lautenberg Schumer Conrad Leahy Snowe players as heroes and want to emulate year. Our obligation is not even to Dayton Levin Stabenow them. Like it or not, professional ath- those who are members of professional DeWine Lieberman Wyden letes are role models. They need to set sports. Our obligations are to the fami- NOT VOTING—1 a better example to kids who see them lies of the young people who believe Corzine smashing home runs or sacking the the only way they can make it in the quarterback and want to be like them. major leagues is to inject these sub- The bill (S. 1932), as amended, was Unfortunately, too many professional stances into their bodies. passed. athletes are injecting themselves and Anybody who followed the hearing on Mr. GREGG. I move to reconsider the popping pills with false hopes and dan- the House side, where there was testi- vote. gerous health effects. Now these acts mony from parents of young men who Mr. FRIST. I move to lay that mo- are being emulated by kids even in had committed suicide as a result of tion on the table. high school because of the pressure the use of these substances, knows this The motion to lay on the table was they feel to perform at such a young issue has now transcended a labor-man- agreed to. age. We have a duty to help bring this agement issue. Senator BUNNING and I f to an end. come to this floor more in sorrow than MORNING BUSINESS As Members of Congress, we can play in anger that we have had to take this an important role in educating the extraordinary step. But we will take it; Mr. FRIST. Mr. President, I ask public on the terrible health effects we will take it for the benefit of young unanimous consent that there now be a from steroids. Illegal performance-en- Americans who believe the only way period of morning business with Sen- hancing drugs are a serious problem in they can make it in the major leagues ators permitted to speak for up to 10 professional sports and they need to is by using these substances and to minutes each; further, that Senator stop now. I hope my colleagues will give hope to others who refuse to do it BUNNING be recognized now for 10 min- continue to join us in this bipartisan and want to make it on their own mer- utes, to be followed by Senator WYDEN cause. I look forward to working with its. for 10 minutes. both sides of the aisle on moving this Mr. President, I again thank the Sen- The PRESIDING OFFICER. Without bill forward swiftly. ator from Kentucky, who has been a objection, it is so ordered. I yield to my colleague from Arizona, role model to so many millions of The Senator from Kentucky. Senator MCCAIN. young Americans for so many years, f The PRESIDING OFFICER. The Sen- for his involvement in this effort. ator from Arizona. Mr. President, I yield the remainder INTEGRITY IN PROFESSIONAL Mr. MCCAIN. Mr. President, I am of my time. SPORTS ACT very proud to join Senator BUNNING, Mr. BUNNING. I thank the Senator. Mr. BUNNING. Mr. President, today I who many know is a Major League The PRESIDING OFFICER. The Sen- and some of my colleagues, in a bipar- Baseball Hall of Famer. Not many ator from North Dakota. tisan effort, introduced the Integrity in know he was a founding member of Mr. CONRAD. Mr. President, might I Professional Sports Act. I especially Major League Baseball’s Players speak for a moment? thank my colleague from Arizona, Sen- Union. He brings to this issue impec- Mr. President, I wish to say, before ator JOHN MCCAIN, for working with cable credentials and an enormous Senator MCCAIN and Senator BUNNING me on this important legislation. I amount of passion. I am pleased to be leave the floor, I think my colleagues thank the chairman of the Commerce supportive of his leadership in this ef- know I must recuse myself from all Committee, Senator STEVENS, and Sen- fort. matters on baseball because my wife ators GRASSLEY and ROCKEFELLER, for It is my hope this legislation would represents Major League Baseball. But cosponsoring our bill. not be necessary. Senator BUNNING and as a personal matter, I wish to thank This is certainly not a bill any of us I both come to this legislation with Senator MCCAIN and Senator BUNNING wanted to introduce. We wish Congress great reluctance. But as Senator for their moral leadership. It is a

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.092 S03NOPT1 S12346 CONGRESSIONAL RECORD — SENATE November 3, 2005 scourge not only for professional sports They will not abide it. Taxpayers will model of teachers teaching teachers but for amateur sports because, in- not abide it. And Senator SNOWE and I how to teach writing. creasingly, those who are competing on are going to stay at it until Medicare is For more than 30 years, teachers of an amateur level believe they have to liberated and can act as a smart shop- all grades and nearly the entire spec- use steroids to compete. That is a trag- per. trum of subject areas have benefitted edy. Fifty-one Senators—a majority of from the vision and dedication of Jim We are seeing usage of steroids at 20 this body—said tonight it is time to Gray to finding better ways of raising to 40 percent in high school athletes get serious about holding down the a new generation of writers. Thousands because they read the stories, and they cost of medicine in the United States. of teachers have participated every see what others are doing who have Fifty-one votes is not the super- year in workshops, classes and retreats been at the very highest levels. majority we needed, but Senator to perfect their skills, and as a result, So I wish to give my profound thanks SNOWE and I are going to stay at it an exponential tens of thousands of to Senator MCCAIN and Senator until we get justice done for our older students continue taking new steps to BUNNING. people. becoming skillful writers. I yield the floor. Finally, I want to say a special It was his work that gave me the The PRESIDING OFFICER. The Sen- thanks to our bipartisan group of spon- good fortune of meeting him, and my ator from Oregon. sors and particularly thank Senator becoming a close friend to the Writing f STABENOW, Senator MCCAIN, and Sen- Project as the sponsor of legislation to ator FEINSTEIN. They are all Senators make it a Federal program under the MEDICARE PRESCRIPTION DRUG who got this from the get-go. They un- U.S. Department of Education. COSTS derstood this was a question of making Across the country, many teachers Mr. WYDEN. Mr. President, it has sure that, at a time when the Federal and students mourn him, but I hope been a long day in the Senate, espe- Government begins the biggest expan- they take his serious creativity in cially for our capable and dedicated sion of entitlement health care in teaching and live his legacy of the Na- staff. I wish to take a couple of min- years, we take steps to protect the in- tional Writing Project. I extend to his utes to say thank you to the Senators terests of taxpayers and the interests family, and to all who knew him, my who, a bit ago, supported the Snowe- of older people who, right now, are be- message of gratitude for his life’s work Wyden legislation to hold down the ginning to sign up for the program and and my deep sympathy. cost of prescription medicine. will, in fact, start participating for- I ask unanimous consent that a copy Tonight a majority of the Senate mally next year. of the obituary of James Gray released voted to make the Federal Government We believed it was important tonight today by the National Writing Project a smart shopper when it comes to pre- to offer this amendment. We wish we be printed in the RECORD. scription drugs. For the first time, the had more time to discuss it this There being no objection, the mate- Senate voted to remove an error of evening. I went into it at some length rial was ordered to be printed in the commission: the authorization of a pro- yesterday, but I am pleased we made Record, as follows: vision in the prescription drug law that real progress. For the first time, a ma- NATIONAL WRITING PROJECT FOUNDER JAMES bars the Federal Government from ne- jority of the Senate says that this pro- GRAY DEAD AT 78 gotiating to hold down the cost of pre- vision that keeps the Federal Govern- James Gray, founder of the National Writ- scription drugs. ment from being a smart shopper sim- ing Project, died November 1 in Danville, California, after a long illness. For the life of me, at a time when the ply does not add up. It does not make Federal budget is hemorrhaging, when Gray, a former high school teacher and sense. It defies logic. It is contrary to then a senior lecturer at the University of the Government must pay for the costs what everybody else does in the mar- California, Berkeley’s Graduate School of of Katrina, I do not see how you can ketplace across the country. I wish we Education, founded the innovative Bay Area argue against the Snowe-Wyden could have gotten the 60 votes needed Writing Project in 1974. Acting on his belief amendment that was offered tonight. It to prevail tonight, but for the first that successful classroom teachers were an prohibits price controls—that is cer- time we got a majority, and we are untapped resource for providing their peers tainly critical—so we can encourage in- with professional development, Gray brought going to come back again and again together 25 talented Bay Area teachers and novation and research in the pharma- and again. We are going to do it be- ceutical area, but what the Snowe- charged them with sharing their expertise cause the older people of this country about the teaching of writing. Wyden amendment does is ensure that deserve a fair shake. They are going to The Bay Area Writing Project became the the Federal Government is going to do insist we keep coming back. first site that offered a professional develop- what everybody does in the market- I close my comments tonight by ment model for teachers of writing. Now place—and that is use its bargaining thanking the Presiding Officer, as well, known as the National Writing Project power to hold down the costs. That is for his support in this effort. (NWP), the program has grown to 189 univer- sity-based sites located in fifty states, Wash- what the Federal Emergency Manage- Mr. President, with that, I yield the ment Agency does when it buys cots, ington, DC, Puerto Rico, and the U.S. Virgin floor and suggest the absence of a Islands. what every Federal agency does to quorum. Gray served as Executive Director of the make sure taxpayers and our citizens The PRESIDING OFFICER. The NWP until his retirement in 1994 and re- have their concerns addressed respon- clerk will call the roll. mained on the NWP Board of Directors until sibly. The legislative clerk proceeded to his death. Now, tonight, Senator SNOWE and I call the roll. Gray’s simple but highly successful model had to get a supermajority to prevail. I Mr. FRIST. Mr. President, I ask has been responsible for transforming class- want it understood that no matter how room practices and improving student writ- unanimous consent that the order for ing performance at schools in rural, urban, many procedural hurdles are put in the quorum call be rescinded. and suburban communities across the U.S. front of us, no matter how many road- The PRESIDING OFFICER. Without ‘‘Jim’s belief in teachers and their knowl- blocks are put up, we are going to keep objection, it is so ordered. edge, commitment, and creativity never coming back on this issue again and f wavered,’’ said NWP Executive Director again and again until the needs of sen- Richard Sterling. ‘‘We are all the bene- iors and our taxpayers are met. JAMES GRAY, NATIONAL WRITING ficiaries of his vision and his tireless work The older people of this country are PROJECT FOUNDER on behalf of the National Writing Project.’’ For more information about Jim Gray and insisting that an offensive piece of spe- Mr. COCHRAN. Mr. President, I was the National Writing Project, visit the NWP cial interest legislation, one that defies saddened to learn today that James website at www.writingproject.org. common sense, get changed. The AARP Gray passed away after a long illness f made the case when they backed our on November 1, 2005. Mr. Gray was 78 bipartisan bill. They pointed out that years old and lived in Danville, CA. I LAUNCHING OF JEWISH SOCIAL drugs seniors use, such as Lipitor, are knew him as the founder of the Na- ACTION MONTH going up more than twice the rate of tional Writing Project, which today is Mr. LIEBERMAN. Mr. President, I inflation. Seniors want that changed. credited with perfecting the training rise today to announce the launching

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.114 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12347 of the first Jewish Social Action everyone around us including the needy of Yael Andoran, fellow Kol Dor Members, Month—a month where Jews around the world who depend on our support. We friends and others who care about the future the world will be encouraged to engage promise to do more for them in the coming of the Jewish people and Jewish mission. year. Just a few days later, we celebrate in good works and service to their com- It is a great privilege to introduce a global Succot. This festival recalls Biblical times Jewish idea to this important body, an idea munities. when the Jewish people lived in temporary that can: help unite Jews around the world; I am joined in this effort by my col- shelters as they journeyed through the strengthen the global integrity of the Jewish league in the House, Congressman desert. It also reminds us that in our own people; highlight positive Jewish values; STEVE ISRAEL of New York, as well as times there are people across the world in and, of course, catalyze the performance of members of the Israeli Knesset. need of food, shelter, warmth and love. hopefully countless acts of hesed and tzedek, Throughout the month—and every As Succot ends, we enter the month of of social action and social justice. year in the second month of the He- Cheshvan, the month that has no festivals, a We at Kol Dor recognize that there are time dedicated to putting into practice our multiple points of entry into Jewish brew calendar, Heshvan, from here on pledges to be better people and to better the out—Jews from across the globe will be peoplehood, especially for the under-affili- lives of those around us. ated of the next generation who are not join- encouraged to perform acts of loving The Government of Israel, through its Min- ing through traditionally prescribed ways. kindness to their neighbors, regardless istry for Israeli Society and the World Jew- The prophetic call to repair the world, which of faith. ish Community has invited communities in resonates clearly in Israel’s Declaration of The concept of Social Action can be Israel and across the globe to proclaim this Independence, clearly speaks to young Jews interpreted broadly and there are end- Cheshvan a month of Chesed and Tzedek around the world, across the religious and less possibilities for action. (loving kindness and social justice). Every- political spectrum. We seek to harness this where, Jewish organisations will be launch- idealism, unfortunately often cast in a uni- The Israeli Friends of the Earth, for ing Chesed and Social action programmes. versal rather than particularly Jewish example, will be launching initiatives We are delighted to add our voices to this frame. We seek to join a strong social justice to clear up the debris which ruins our call which echoes the voice of our tradition. countryside. We invite our communities to seek ways to stream found in Jewish teachings—as Rav In Boston, Jewish students are work- help and support those in need wherever they Gideon Sylvester just demonstrated—with are, so that through our acts of loving kind- the growing tide of alienated young Jews, ing to help students in inner city and create a powerful current of Peoplehood schools develop their reading and writ- ness, we may indeed ‘‘mend the world ac- cording to the Kingship of God’’. with Purpose. ing skills. May our efforts bring peace and blessing The idea is quite simple: The Jewish peo- In New York, Jewish groups are de- upon our communities, the whole House of ple, who have contributed so much to the livering Thanksgiving meals to the el- Israel and the whole world. moral advancement of civilization, will focus derly who are housebound. Rabbi Menachem HaCohen—Chief Rabbi of our energies and attention on the month of These are just three quick examples Romania, Rabbi Warren Goldstein—Chief Heshvan and transforming it internationally of the kinds of service we hope people Rabbi of South Africa, and Sir Jonathan into Jewish Social Action Month. Following will be inspired to undertake in No- Sacks—Chief Rabbi of the United Kingdom. the Yamim Noraim, when world Jewry is mobilized to celebrate the High Holy Days, vember and continue year round—in- OFFICE OF THE PRIME MINISTER, Jews will be invited to express our people’s spiring people of all faiths to join in MINISTRY FOR ISRAELI SOCIETY & universal hopes for humanity and civiliza- service to their neighbors as well. THE WORLD JEWISH COMMUNITY, tion by actions—local, national, inter- The idea for Jewish Social Action Jerusalem, November 3, 2005. national—that express our values of aryevut, Month came from two young men— I am delighted to send my greetings to this and tzedek. Josef Abramowitz of Boston and distinguished gathering at the Congress in The idea is to open-source this idea in all Aryeah Green of Israel—during a re- Washington to launch the first ever Jewish Jewish communities, from Hodu and Kush, treat in the Israeli desert. Social Action Month. I would like to thank from Metula to Eilat, from San Francisco to They wanted a way to motivate peo- everyone who has come today and in par- San Paulo, from Sydney to London, and ev- ticular my dear friend Senator Joe ple of all ages to realize the words of erywhere in between. Lieberman and Congressman Steve Israel As Jews, we know the power of symbols. In The Scriptures that tells us to help who are hosting this event. My thanks also an era of Jewish history when we live with so those who have the least among us. For Yossi Abramovitch, Rebecca Lieberman and many internal divisions, our communities instance, in Deuteronomy we are told all the members of Kol Dor who have worked want to rally around positive ideas and ac- to love a poor stranger and give him so hard to make it such a success. tions that unite Jews worldwide. food and clothing because we too were At the heart of the Jewish religion lies the We seek neither to dictate nor control, but strangers in Egypt and God fed and importance of caring for others. According to provide leadership. We seek to link power- to the rabbis, God made all of humanity in ful ideas with personal example, doogma clothed us. his image in order to show that all people of The President of Israel, Moshe Isheet, and to seed the great imagination all faiths, colors and creeds are important to and intellectual power of Jews worldwide, as Katsav, has been an enthusiastic sup- the Almighty. We are taught in the Jeru- they seek ways to make a difference in the porter of Jewish Social Action Month salem Talmud that there is no limit to the world. and is lending the prestige of his office amount of loving kindness we should do or to We, Kol Dor members from sixteen coun- in Israel to urge that people heed this the Divine reward we receive for these ac- tries, respectfully offer this committee and call to community service. tions. the Knesset the opportunity to provide not It is therefore gives me great pride as Dep- I want to thank all of those individ- just leadership to Medinat Yisrael, but to uty Minister for Israeli Society and the Am Yisrael. uals, groups, synagogue and temple World Jewish Community in the Government Thank you for your positive consideration leadership and membership who are of Israel together with the Kol Dor Organiza- of declaring Heshvan Global Jewish Social joining this effort. tion to launch the very first ever Jewish So- Action Month. Mr. President, I ask unanimous con- cial Action month whereby Jews from all sent to have printed in the RECORD a over the world and from every background will take part in different activities to mend RABBI MICHAEL MELCHIOR OP ED PIECE FOR number of statements and articles re- THE JTA FOR THE JEWISH SOCIAL ACTION lating to Jewish Social Action Month. the world and make it a better place for us all. MONTH There being no objection, the mate- I wish everyone here much success in their As the member of the Government of Israel rial was ordered to be printed in the activities and I thank you all once again for with responsibility for the world Jewish RECORD, as follows: your support for this important project. community, I have the privilege of meeting DECLARATION REGARDING CHODESH CHESED Rabbi MICHAEL MELCHIOR, Jews of all types, from all over the world. VETZEDEK, THE SOCIAL ACTION MONTH Deputy Minister re- There are huge cultural, historical and theo- It has been taught to you O man what is sponsible for Israeli logical variations amongst Jews and these good and what the Lord requires of you, only Society and the lend color and variety to our people. But the to do justice and loving kindness and to walk World Jewish Com- differences also create problems. The deep humbly with your G-d (Micah VI:8). munity. rifts that occurred in Israel over the issue of At the foundation of our faith lies the im- disengagement and the battles between dif- portance of acts of loving kindness. Through TESTIMONY OF YOSEF I. ABRAMOWITZ IN SUP- ferent groups demonstrated once again the its narratives and the laws of the Torah, God PORT OF DECLARING THE HEBREW MONTH OF profound divisions amongst us. The Jewish calls on us to make our world a holier, more HESHVAN GLOBAL JEWISH SOCIAL ACTION people stand in danger of splitting into dif- just and caring place. MONTH ferent factions with different narratives. At Rosh Hashanah and Yom Kippur we Chairwoman Collette Avital, other Mem- Amidst so much diversity, what can unite think about our responsibilities to God, and bers of Knesset, Kol Dor conference chair us?

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.122 S03NOPT1 S12348 CONGRESSIONAL RECORD — SENATE November 3, 2005 Wherever I travel in the Jewish world, I Hashem and turn our world into a better REMEMBERING MRS. ROSA PARKS am struck by the way that Jewish people of place. I look forward to hearing about your Mr. ALEXANDER. This week we all types are determined to make a Kiddush activities and reading about them on the Hashem (sanctification of God’s name) and website of the Prime minister of Israel. have honored the memory of Rosa to avoid a Hillul Hashem (desecration of Parks, a woman whose quiet stand for God’s name). The concept of the Kiddush CHECK THE CALENDAR—CHESHVAN IS NOW her individual rights reverberated Hashem originates in the Biblical command JEWISH SOCIAL ACTION MONTH across this country. ‘‘I shall be sanctified amongst the people of (By Tzvi Kahn) We often discuss how far we have to Israel’’. One interpretation of this verse is NEW YORK, June 30.—Aryeh Green and go as a country in terms of race rela- that Jews should display total dedication to tions. Thinking of Rosa Parks reminds their faith and even be willing to lay down Yosef Abramowitz were sipping tea in a Bed- their lives for it. This belief motivated mil- ouin tent last year in Sde Boker, a kibbutz me how far we have come. In 1955 when lions of Jewish martyrs throughout our his- in Israel’s Negev desert, when they had an she refused to give up her seat on the tory to give up their lives rather than aban- idea. bus in Montgomery, African Americans don their Judaism. Today, it is rare for Jews Participants at a conference of Kol Dor, an in the South could not eat in the same to be faced with such a stark choice between organization that seeks to revitalize Jewish restaurants, go to the same colleges, their faith and their lives, but Kiddush activism and unity across the globe, the two were discussing how the group could promote sleep in the same motels, be cared for Hashem offers another powerful challenge in the same hospitals or compete on which has particular resonance in our times. Jewish identity and peoplehood. Each one of us has to ensure that the word ‘‘Most Jewish institutions and endeavors the same sports teams as other Ameri- ‘‘Jewish’’ is always associated with the high- are out of touch with the next generation of cans. est levels of ethics and kindness, so that our Jews because of a lack of relevance,’’ Rosa Parks’ actions that day in behavior always brings credit to our heritage Abramowitz, CEO of Jewish Family and Life, Montgomery helped spark a movement and to our God. which publishes several Jewish Web sites and that changed our country forever for On a daily basis, we witness the disgrace magazines, told JTA. ‘‘But we do know that the better. Condoleezza Rice, one of the that is attached to religion when it is linked the idealism and the desire to contribute to the world’’ are predominant. bright minds leading our country with the horrors of priests engaging in child today, rightly noted at the memorial abuse and the fanaticism of ‘‘religious’’ sui- It occurred to them that a month in the cide bombers. Tragically, throughout our Jewish calendar formally dedicated to social service in Alabama, ‘‘. . . that without long history, our own faith has also spawned action would be an ideal means of mobilizing Mrs. Parks, I would not be standing instances of the desecration of God’s name. and inspiring the Jewish community. here today as Secretary of State.’’ The rabbis recognized these and declared Their initiative received a major boost this Rosa Parks and those who took up that it was our failure to show care, compas- week when the Knesset’s Committee on Im- the call inspired me, too. As editor of sion, decency and loving kindness to one an- migration, Absorption and Diaspora Affairs the student paper at Vanderbilt Uni- other that caused so many of our sorrows in- proclaimed the Jewish month of Cheshvan, versity, I wrote editorials urging deseg- cluding the destruction of the Temple. In our which falls in November this year, as Social Action Month. regation of that school in 1962. own times, the most famous desecration of We made great progress in those God’s name was the massacre of Arabs at According to Green, who serves as an ad- prayer in the mosque in Hebron and the mur- viser to former Israeli Cabinet minister days, as we continue to do today. Our der of the Israeli Prime Minister Yitzhak Natan Sharansky, ‘‘We agreed that if we Nation has always been a work in Rabin. It was these outrages that drove me wanted Kol Dor to succeed, we would have to progress, ever since our Founders to put to aside my work as a Chief Rabbi of focus on practical, tangible contributions.’’ signed the Declaration of Independence Norway and to enter Israeli politics. I felt ‘‘What makes this initiative interesting declaring that ‘‘all men are created that it was crucial for the government of and unique is that it harnesses the power of equal.’’ We’re still working to achieve Israel to work on a grand scale to restore the different social action and Jewish organiza- tions to get involved,’’ Green said. The goal that noble goal of recognizing our image of Judaism from one of intolerance equality. But thanks to Americans like and fanaticism to one of ethics, tolerance is not to spearhead specific projects, but to and compassion. It was my duty as a rabbi to ‘‘pull together the existing frameworks of so- Rosa Parks, we’ve come a long way. play my part in that campaign. This is a cru- cial action.’’ Rosa Parks’ courage has earned for cial message of Judaism. Holiness is not the The effort has garnered the support of var- her a noble place in the history of our exclusive possession of those who engage in ious Jewish groups, including the Jewish Nation’s struggle for equal oppor- detailed ritual observance nor is it the pre- Agency for Israel and Hillel: The Foundation tunity. We will miss her. for Jewish Campus Life, the Israel Defense serve of those who devote their energies to f the pursuit of spirituality; true holiness is Forces’ education branch and the World found in the small actions that make a pro- Union of Jewish Students. LOCAL LAW ENFORCEMENT found difference to the lives of the people Abramowitz said Labor Party legislator ENHANCEMENT ACT OF 2005 around us and the world they live in. Colette Avital, who chairs the Knesset’s im- This is why I am so delighted that in part- migration committee, has sent a letter to Mr. SMITH. Mr. President, I rise nership with the Koldor organization, my of- various Jewish organizations expressing sup- today to speak about the need for hate fice is launching the Jewish Social Action port. crimes legislation. Each Congress, Sen- Month this Cheshvan (November). It falls Jewish schools in Israel and the Diaspora ator KENNEDY and I introduce hate one month after Rosh Hashanah and Yom will be a particular focus of the initiative. crimes legislation that would add new Kippur so it is a time to draw on all of the According to Abramowitz, Social Action categories to current hate crimes law, resolutions that we made over the High Holi- Month will receive special attention in the sending a signal that violence of any BabagaNewz, a monthly magazine on Jewish days. It’s also a month with no festivals in it kind is unacceptable in our society. which enables us to dedicate time to Social values that JFL publishes for elementary Action activities. school students. The magazine serves 1,400 Likewise, each Congress I have come to Throughout the month Jews from across Jewish schools and has a circulation of more the floor to highlight a separate hate the globe will be performing acts of loving than 40,000. crime that has occurred in our coun- kindness to their neighbors both Jewish and The JFL journal Sh’ma and magazine try. Gentile. The concept of social action can be JVibe also intend to publish features on the On October 1, 2003, just east of West interpreted broadly and there are endless subject, he said. Hollywood, a gay man was attacked in possibilities for action. The Israeli Friends Abramowitz said Cheshvan was selected for his home with a bat by a pair of assail- of the Earth, for example, will be launching the project because it immediately follows ants. The two assailants took the vic- initiatives to clear up the debris which ruins the High Holidays, which usually spur higher our countryside, the Israeli Police Force will levels of Jewish observance. tims house key after he ran home and be engaging in projects to show care and con- The Knesset decision also represents a vic- left his keys in the door as he hurried cern in the community, one youth movement tory for Kol Dor, whose philosophy formed inside. The victim, who identified his will be organizing a sports event for the un- the ideological foundation for Social Action attackers as Evar Rivera and Selvan derprivileged, another arranging a national Month. Campos in court, said he received 14 blood donation drive. It is beautiful to see ‘‘The paradigm that we are advocating in stitches for his injuries. According to how in Israel, and spreading across South Jewish life is that peoplehood is a central police, anti-gay slurs were yelled dur- mobilizing force,’’ Abramowitz said, citing America, North America, Russia, and Eu- ing the bat attack, and police later rope, Jews ranging from Chief Rabbis to the the success of the movement to rescue So- most secular of our people will be engaged in viet Jewry as one example. classified the attack as a hate crime. the Social Action Month. The group seeks to use the Jewish concept I believe that our Government’s first I very much hope that you will feel moved of tikkun olam, or repairing the world, as a duty is to defend its citizens, in all cir- to join in the project; to make a Kiddush unifying theme. cumstances, from threats to them at

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.126 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12349 home. The Local Law Enforcement En- and baggage compartments of commer- Love Canal and Times Beach. To this hancement Act is a major step forward cial aircraft and is also specifically end, Congress created the Superfund to in achieving that goal. I believe that adapted to fit the requirements of the tax building blocks, such as petro- by passing this legislation and chang- International Space Station. chemicals, inorganic raw materials and ing current law, we can change hearts The Center also has received recogni- petroleum oil, used to make all haz- and minds as well. tion for its work on a material known ardous products and waste. Animal ag- f as the Glenn Refractory Adhesive for riculture waste, or manure, is clearly Bonding and Exterior Repair, not among these materials. In fact, if NASA GLENN RESEARCH AWARDS GRABER. This material, which was you would have tried to attach agri- Mr. DEWINE. Mr. President, I rise considered for use in the Space Shuttle culture to either of these two acts, today to honor the dedicated team of Return to Flight program, was devel- they would not have passed. It was not scientists, engineers, and innovators of oped and tested by Dr. Mrityunjay Congress’s intent to apply Superfund NASA’s Glenn Research Center in ‘‘Jay’’ Singh, now a four-time ‘‘R&D rules to manure which contains natu- Cleveland for their hard work and per- 100’’ award winner, and Tarah Shpargel rally occurring organic compounds— severance. I have recognized in pre- of NASA Glenn’s Ceramics Branch. such as orthophosphate, ammonia and vious years the award-winning work of This dynamic material will allow in- hydrogen sulfide—which occur natu- researchers and engineers at NASA space repair of both large and small rally in the environment in the same Glenn and am proud to do so again cracks in the space shuttle thermal form as they appear in manure. today. protection system—a capability that is Recently, municipal and State gov- The Glenn Research Center has come absolutely essential for the safety and ernments have filed suit against live- up with a wide range of products that success of future Space Shuttle mis- stock and poultry operations claiming not only contribute to further progress sions following the tragic loss of the Superfund liability in Texas and Okla- in our space exploration mission, but Columbia. In addition to its applica- homa. also provide for remarkable enhance- tions in space, GRABER has a number On April 24, 2004, the City of Waco, ments in the quality of life of citizens of potential industrial applications due TX, filed suit in Federal court against throughout the United States. Through to its low cost and excellent adhesive eight dairies in the North Bosque River NASA’s commercialization initiatives, properties. Watershed and later amended the suit these products have enabled the cre- Finally, NASA Glenn’s Numerical to include six additional dairies, seek- ation of new jobs in the country, there- Evaluation of Stochastic Structures ing $45 million in damages under by encouraging additional economic Under Stress, NESSUS, software pro- Superfund. The suit alleges that growth nationwide. gram has been recognized as an award orthophosphate is discharged from the This year, four products introduced winner this year. The NESSUS pro- dairies and has affected the water qual- by NASA Glenn have been distin- gram combines state-of-the-art algo- ity of Lake Waco which is located ap- guished among the ‘‘Top 100 Most rithms with general-purpose numerical proximately 100 miles downstream Technologically Significant Products analysis methods to predict responses from the dairies. of the Year.’’ They have been recog- in hi-tech systems, such as aerospace On June 13, 2005, the attorney general nized by the editors of Research & De- and automotive structures, bio- of the State of Oklahoma filed suit in sign Magazine and awarded four of the mechanics, and gas turbine engines. Federal court against 14 major inte- ‘‘R&D 100’’ awards—awards known by Dr. Shantaram Pai, of Glenn’s Struc- grated poultry production firms claim- many as the ‘‘Oscars of Invention.’’ tural Mechanics and Dynamics Branch, ing joint and several liability for dam- Their remarkable achievements clearly was responsible for developing the aged water quality in the Illinois River illustrate the high level of profes- probabilistic heat transfer module in- Watershed caused by poultry litter sionalism that distinguishes the Glenn tegrated in the system and managing runoff from agricultural lands to which Research Center, its employees, and the integration of nine other NASA-de- it has been applied as fertilizer. The the numerous organizations and indi- veloped modules into NESSUS, ena- suit seeks to recover past, present, and viduals who work in partnership with bling analysis of a diverse range of future response costs under Superfund, the Center. problems. as well as natural resource damages It is with great pride that I recognize I extend my most genuine congratu- that is expected to add up to several each of the award participants and con- lations to everyone who participated in hundreds of millions of dollars. If these gratulate them for their outstanding each of NASA Glenn’s award-winning two cases are successful, other munici- work. In developing an award-winning projects. palities and States could bring similar family of rod-coil block copolymers, f lawsuits and every animal feeding op- Dr. Mary Ann Meador and Dr. James eration and farm could be held liable Kinder of Glenn’s Materials Division SUPERFUND LITIGATION under Superfund. have improved ionic conductivity in Mr. BROWNBACK. Mr. President, I This is another example of our judi- lithium polymer batteries. These new rise today to speak on the issue of cial system overstepping its bound- polymers will enable cost-saving ad- clarifying Congress’s intent regarding aries. Our judicial system is usurping vances in battery technologies, result- agricultural operations in respect to the will of Congress and creating laws ing in improvements to products rang- Superfund litigation. I, along with my Congress never meant to create. ing from mobile phones to fuel cells. colleague from Idaho, Senator CRAIG, Animal agriculture operations have Through this important innovation, it offered an amendment during the agri- been appropriately regulated and re- will be possible to offer lower manufac- culture appropriations conference com- quired to have permits for years under turing costs, while increasing battery mittee that would have done that very the Clean Water Act, the Clean Air safety to meet future aerospace appli- thing. The amendment passed the Sen- Act, and various State laws to protect cation requirements. ate, by a 9 to 8 vote, yet was stripped the environment, but never under The NASA Glenn Sensors and Elec- from the final conference report. Need- Superfund. My amendment would have tronics Branch team has been recog- less to say, I am disappointed with this left these laws in place. My amend- nized for its development of a new sen- result. So much so, in fact, I decided ment would have only protected agri- sor-based fire detection system that ef- not to sign the conference report. cultural producers from another exam- fectively recognizes the presence of fire When the Comprehensive Environ- ple of an activist judicial system. Agri- while screening out false alarms. Dr. mental Response, Compensation, and culture is already an over regulated in- Gary Hunter led the development effort Liability Act, or CERCLA, was passed dustry and adding the possibility of in collaboration with colleagues from in 1980 and the Emergency Planning Superfund litigation will be too much Case Western Reserve University, the and Community Right-To-Know Act, or to bear for farmers and ranchers. Ohio State University, Makel Engi- EPCLA, was passed in 1986, agriculture Further, Superfund was created with neering, and the Federal Aviation Ad- was never part of the deal. These acts a specific goal and mission in mind. ministration. This revolutionary de- were intended to provide for clean up of The EPA is burdened to meet these vice will improve fire alarms in cargo toxic waste dumps and spills such as goals as it is. To now add the millions

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.061 S03NOPT1 S12350 CONGRESSIONAL RECORD — SENATE November 3, 2005 of acres of agriculture as possible the National Firearms Act, NFA, treat- never interested in seeing his name in Superfund sites would be too heavy a ing them the same as other high-pow- the headlines. His temperament and burden for the EPA to carry. Including ered or especially lethal firearms like fair and nonpartisan nature won Art agriculture within Superfund takes several of those mentioned in the the respect and admiration of col- away from Superfund’s initial, worthy ABA’s report. Among other things, re- leagues on both sides of the aisle. mission. classification of .50 caliber sniper rifles Today, Art’s portrait hangs in the As I stated earlier, I am disappointed under the NFA would subject them to State House, a rare honor and a fitting that the Superfund amendment was new registration requirements. Future tribute for a man who left such an im- stripped from this report after having transfers or sales of .50 caliber sniper portant mark on Vermont, both as a passed the Senate. I fully intend to rifles would have to be conducted person and a policymaker. bring this item up next year and I am through a licensed dealer with an ac- When Art retired from the Vermont currently looking for ways to move companying background check. In ad- Senate in 1986 I noted, on the floor of this legislation. This needs to happen dition, the rifle being sold would have the U.S. House of Representatives, ‘‘I for our farmers and ranchers. to be registered with Federal authori- am more than certain, however, that all of us in Vermont will continue to f ties. We must take proactive steps to help benefit from his,—Art’s—wit, his intel- PROTECTING OUR HOMELAND prevent terrorists armed with military ligence, his commitment, and his grace SECURITY style firearms purchased in the U.S. for many, many years to come.’’ This Mr. LEVIN. Mr. President, despite from carrying out attacks on innocent statement proved to be true, as Art re- the potential threat from terrorists Americans. I urge the Senate to take mained an active member of the com- armed with easily accessible powerful up and pass commonsense gun safety munity and even served 12 years on the firearms, Congress still has taken no legislation, like the Fifty-Caliber Snip- State Environmental Board after his action to require Federal registration er Weapon Regulation Act, to assist retirement. Today, as we remember of .50 caliber sniper rifles. We must do our law enforcement officials in pro- Art, I take comfort in the certainty more to protect our families and com- tecting our homeland security. that generations of Vermonters will continue to benefit for years to come munities. f from Art’s devotion to the preservation The .50 caliber sniper rifle is a favor- ADDITIONAL STATEMENTS and conservation of our great State. ite weapon of militaries around the I extend my deepest condolences to world and is also among the most pow- Art’s surviving children Barbara, erful weapons legally available to pri- TRIBUTE TO ARTHUR GIBB SR. Dwight, Lowrie, Arthur, Jr. and Henry, vate individuals in the United States. ∑ Mr. JEFFORDS. Mr. President, this as well as Art’s ten grandchildren and Published reports indicate that .50 cal- seven great grandchildren. All iber sniper rifles are capable of accu- week my home State lost a devoted public servant, an environmental pio- Vermonters mourn with you knowing rately hitting a target more than 1,500 that without Art, Vermont would not yards away with a bullet measuring a neer, a good friend, and a great Vermonter: Art Gibb. be the beautiful and healthy place it is half inch in diameter. In addition, today.∑ these thumb-size bullets come in I first met Art when we served to- armor-piercing, incendiary, and explo- gether in the Vermont Legislature f sive varieties that can easily punch where Art was known for his unassum- HONORING DR. BONNIE J. DUNBAR ing and gracious temperament. Art through aircraft fuselages, fuel tanks, ∑ Mrs. MURRAY. Mr. President, today also established a reputation as an in- and engines. Currently, these highly I would like to recognize the extraor- sightful legislator with an unusual destructive sniper rifles, which have no dinary achievements of a gifted Wash- ability to forge consensus. These skills sporting purpose, are subject to only ingtonian named Dr. Bonnie J. Dunbar. impressed me and, for over 30 years, I minimal Federal regulation and are Dr. Dunbar is widely acknowledged as frequently sought Art’s wisdom and ad- treated the same as other long rifles, one of the world’s most experienced fe- vice when I found myself confronted including shotguns, hunting rifles, and male astronauts as well as a pioneer in with difficult decisions both in Wash- smaller target rifles. biomedicl engineering. In tribute to ington and Montpelier. In August, the House of Delegates of her accomplishments, Dr. Dunbar has Though Art was remarkably accom- the American Bar Association adopted been selected to receive the distin- plished as a member of the Vermont a resolution in support of ‘‘Federal, guished Women in Engineering State, and territorial laws that would Legislature, he will undoubtedly be re- Achievement Award for 2005. restrict the sale, distribution, transfer, membered for his work on the Gov- Born and raised on a ranch in Sunny- and possession of .50 caliber sniper ernor’s Commission on Environmental side, WA, Dr. Dunbar took an early in- weapons except to the U.S. military, Control through which he helped save terest in space. As a child, she studied and the National Guard and law en- Vermont’s beauty and natural re- the exploits of astronauts like Alan forcement agencies.’’ The ABA report sources from reckless overdevelop- Shepherd and spent her nights study- that accompanied the resolution ment. Gov. Deane Davis appointed Art ing the sky for signs of passing sat- states: to lead the commission, which became ellites. By the third grade, she had al- known as the ‘‘Gibb Commission,’’ in ready declared that she would one day Despite its destructive potential, the .50 1969 as developers began exploiting le- caliber weapon is sold like any other rifle. be an astronaut. Encouraged by her Under current law, one needs only be 18 nient building regulations in an effort parents to follow her dreams, Bonnie years of age, have a driver’s license and pass to turn a quick profit at the expense of Dunbar attended the University of a minimal background check in order to buy public health and the environment. Washington where she received her the gun. The Gibb Commission traveled the bachelor and master degrees in engi- The U.S. Congress has acted to restrict State, held public hearings, and worked neering, an important precursor to her various weapons including specific firearms tirelessly to draft recommendations to career at NASA. However, her journey and ammunition. Rockets, mortars and am- address this pressing concern. The re- to space was not without its hurdles. munition over .50 caliber size cannot be sold sult of the Gibb Commission’s work or legally possessed by civilians. Machine Like a true pioneer, Dr. Dunbar guns, sawed-off shotguns, imported junk was the bold and pioneering Act 250, worked to break down barriers. At a handguns, silencers, guns made of plastic or legislation that has protected time when women were generally dis- otherwise undetectable by metal screening Vermont’s waterways, forests, and nat- couraged from pursuing science based devices and some armor-piercing ammuni- ural landscape ever since. careers, Dr. Dunbar both succeeded and tion are currently banned or restricted under Art’s leadership of the Gibb Commis- prospered in her field, paving the way federal law. sion and his work during his two dec- for countless women who shared her in- I am a cosponsor of the Fifty-Caliber ades in the legislature earned him well- terest in science. After receiving her Sniper Weapon Regulation Act intro- deserved accolades. Still, Art never op- doctorate in Mechanical and Bio- duced by Senator FEINSTEIN. This bill erated with any fanfare. Despite his medical Engineering from the Univer- would reclassify .50 caliber rifles under newsworthy accomplishments, Art was sity of Houston, Dr. Dunbar went on to

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.088 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12351 hold a number of esteemed research On May 16, 1981, I first had the oppor- television. Along with his family, and engineering positions in the pri- tunity to participate in another great Danny launched a foundation to uplift vate sector. During this time, Dr. Dun- tradition at the Speedway when we the lives of children during their treat- bar assisted in the development and gathered to celebrate the annual ments associated with leukemia and manufacture of Space Shuttle Thermal Armed Forces Induction Ceremony. other life-threatening diseases. Protection Systems integral to NASA This event came about because recruit- Danny Bakewell’s success in the pri- flight operations. ment was low and members of our com- vate sector have been important to In 1978, when NASA opened its astro- munity were looking for a creative way under-served communities throughout naut program to women for the first to celebrate the decision of Hoosier Los Angeles county as well. He is the time, Dr. Dunbar was one of the first men and women to serve our country publisher of the Los Angeles Sentinel, candidates to enroll. Although she was in the Armed Forces. To address this the largest and oldest African-Amer- not chosen in the final selection, NASA dilemma, the Hulman-George family ican owned newspaper west of the Mis- recognized her talents and hired her as offered the Indianapolis Motor Speed- sissippi River. Danny was the catalyst a payload officer and flight controller. way as a backdrop for an enlistment behind two development projects—the This would mark the beginning of a ceremony. Anyone who enlisted during Compton Towne Center and Compton distinguished 27-year career at NASA. the month of May would be a part of Renaissance Plaza—which have helped In 1981, Dr. Dunbar earned her astro- the Tony Hulman Squadron and would to bring economic vitality into an area naut wings and was assigned to the 1985 fly away from the infield to basic that had been written off by many. In Challenger Spacelab mission. Fol- training. While the ceremony has addition to creating much needed jobs lowing this successful mission, she was evolved over the ensuing years, it re- for community residents and addi- selected to participate in four more mains special to me because it offers tional tax revenues for the city, these missions in space. All told, Dr. Dunbar an excellent opportunity to celebrate projects are giving residents a deeper logged more than 1,208 hours or 50 days the patriotism of so many talented and sense of pride in their neighborhood. in space. dedicated young Hoosiers. I invite my colleagues to join me and Dr. Dunbar’s exceptional perform- As race fans gather in Indianapolis to the thousands of people touched by his ance during these missions garnered cheer their favorite drivers on to vic- work in commending Danny J. Bake- more than six NASA Space Flight Med- tory, I am hopeful that they will take well, Sr. for his great leadership of the als, including the Superior Accom- a moment to reflect upon the years of Brotherhood Crusade and tireless advo- plishment Award in 1997, and the NASA dedicated leadership that the Hulman- cacy throughout his lifetime.∑ Exceptional Achievement Award in George family has provided in the Indi- f 1996. anapolis community, leadership that PAYING TRIBUTE TO THE DETROIT Doctor Bonnie Dunbar’s meteoric has helped to make Indianapolis the WINDSOR TUNNEL ON ITS 75TH rise from a small ranching community motorsports capitol of world. in the State of Washington to a vet- Like so many of my fellow Hoosiers, ANNIVERSARY eran of five successful missions to I am grateful that the Hulman-George ∑ Ms. STABENOW. Mr. President, I space is both extraordinary and inspir- family continues to call Indiana its rise today to recognize the 75th anni- ing. Her courageous trailblazing took home.∑ versary of the Detroit Windsor Tunnel. the world’s fascination for space to new f Over the past 75 years, the tunnel has plateaus and encouraged women to fol- been an indispensable link between the low their dreams. She truly is a re- DANNY J. BAKEWELL, SR. United States and Canada. markable pioneer and a worthy recipi- ∑ Mrs. BOXER. Mr. President, I am In the years before the construction ent of the distinguished Women in En- very pleased to take a few moments to of the tunnel, cars and trucks crossed gineering Achievement Award for recognize the many important accom- the Detroit River on ferries. During the 2005.∑ plishments of Danny J. Bakewell, Sr., winter, the river froze and made the f as he prepares to step down as CEO of ferry ride between Detroit and Windsor the Brotherhood Crusade. dangerous. On November 3, 1930, Presi- CELEBRATING THE 60TH ANNIVER- Danny J. Bakewell, Sr. has spent the dent Herbert Hoover ushered in a new SARY OF HULMAN-GEORGE FAM- past 35 years building the Brotherhood era in U.S.-Canadian relations when he ILY OWNERSHIP OF THE INDIAN- Crusade into a nationally-recognized officially opened the Detroit Windsor APOLIS MOTOR SPEEDWAY charitable organization in southern Tunnel. ∑ Mr. LUGAR. Mr. President, I am California. In that time, he has raised Not only has the tunnel been a vital pleased to rise today to recognize the over $60 million to support a host of commercial and cultural link between important leadership of the Hulman- programs. Nurturing nonprofit groups the United States and Canada, at the George family throughout their 60 and local small businesses is first and time of its construction it was an un- years of stewardship of the Indianap- foremost among the Brotherhood Cru- paralleled engineering feat. The tunnel olis Motor Speedway. I am honored to sade’s priorities. The venerable institu- is approximately 1 mile long and have this opportunity to congratulate tion funds programs that provide serv- reaches depths of 75 feet below the them on reaching this signal milestone ices for adults seeking job training and river. It is the only underwater inter- on November 14, 2005. job placement, young people looking to national vehicular border crossing in The Hulman-George family members realize their academic potential, and the world. At full capacity, 2,400 vehi- have been remarkable champions of In- families seeking to improve their phys- cles can pass between Detroit and dianapolis and the State of Indiana ical health. Windsor each hour through the tunnel. through their hosting of what many The funding that Brotherhood Cru- During the tunnel’s construction, consider to be the greatest spectacle in sade provides is the lifeblood for many there were as many as 600 workers si- racing, the Indianapolis 500. In recent organizations, making it possible for multaneously building the structure. years, they have also hosted the Brick- them to be the catalyst in bringing One group of workers called the yard 400 and the United States Grand change to communities and change to ‘‘muckers’’ dug a 32-foot hole in tight Prix, remarkable events that bring individuals. quarters through sand and clay deep people from around the world to Indi- Danny’s commitment to equality for below the Detroit River. As a tribute anapolis to experience true Hoosier all, fair representation in the media, to the workers who built the Detroit hospitality. and strengthening communities has Windsor Tunnel a year ahead of sched- I have especially enjoyed a close rela- been steadfast, as evidenced by his ac- ule, the first person to drive the dis- tionship with the Hulman-George fam- tivist work. He was active in the strug- tance of the tunnel and back was Jo- ily, which began when I was Mayor of gle to bring a peaceable end to apart- seph Zuccatto, a construction worker Indianapolis. My wife, Char, and I heid in South Africa. Danny galvanized who earned 35 cents an hour. would take our four boys to the track a coalition of community leaders to The Detroit Windsor Tunnel is one of for activities throughout the month of change the way entertainment compa- the cornerstones of the close economic May. nies represented slavery on prime time relationship between the United States

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.089 S03NOPT1 S12352 CONGRESSIONAL RECORD — SENATE November 3, 2005 and Canada. The United States and the Counterproliferation Program Review sonnel, Department of Defense, transmit- Canada trade $1.2 billion worth of Committee entitled ‘‘Report on Activities ting, pursuant to law, the report of the des- goods and services each day that sup- and Programs for Countering Proliferation ignation of an acting officer for the position ports 5.2 million jobs. Trade between and NBC Terrorism’’ (revised to include ad- of Director, Defense Research and Engineer- ministrative corrections); to the Committee ing, received on October 31, 2005; to the Com- the United States and Canada is valued on Armed Services. mittee on Armed Services. over $400 billion per year. Michigan’s EC–4508. A communication from the Direc- EC–4519. A communication from the Assist- trade with Canada represents 19 per- tor, Administration and Management, Office ant Director, Executive and Political Per- cent of the United States land-based of the Secretary of Defense, transmitting, sonnel, Department of Defense, transmit- trade and supports 174,000 Michigan pursuant to law, a report relative to the ting, pursuant to law, the report of the con- jobs. total cost for the planning, design, construc- firmation of a nominee for the position of The Detroit Windsor Tunnel is a cru- tion and installation of equipment for the Assistant Secretary of Defense (Legislative renovation of Wedges 2 through 5 of the Pen- cial link between the U.S. and Cana- Affairs), received on October 31, 2005; to the tagon; to the Committee on Armed Services. Committee on Armed Services. dian economies. The tunnel is one of EC–4509. A communication from the Acting EC–4520. A communication from the Assist- the 15 busiest border crossings nation- Deputy Secretary of Defense, transmitting, ant Director, Executive and Political Per- ally, with more than 9 million vehicles pursuant to law, the Seventeenth Report of sonnel, Department of Defense, transmit- passing through the tunnel each year. the Federal Voting Assistance Program; to ting, pursuant to law, the report of a va- Additionally, at least 850 trucks and the Committee on Armed Services. cancy and designation of an acting officer for 5,000 commuters pass through the tun- EC–4510. A communication from the Direc- the position of Inspector General, received tor, Office of Personnel Management and the on October 31, 2005; to the Committee on nel for business, entertainment, and Secretary of Defense, transmitting, pursuant shopping each day. Armed Services. to law, a report jointly submitted by the Of- EC–4521. A communication from the Assist- In recent years, all U.S. ports of fice of Personnel Management and the De- ant Director, Executive and Political Per- entry have balanced increased border partment of Defense relative to final regula- sonnel, Department of Defense, transmit- security requirements with the needs tions for the National Security Personnel ting, pursuant to law, the report of a va- of tourists and business travelers to System (NSPS); to the Committee on Armed cancy in the position of Deputy Under Sec- quickly enter and leave the United Services. retary of Defense (Personnel and Readiness), EC–4511. A communication from the Acting received on October 31, 2005; to the Com- States. The Detroit Windsor Tunnel Director, Defense Procurement and Acquisi- has enthusiastically responded to these mittee on Armed Services. tion Policy, Department of Defense, trans- EC–4522. A communication from the Assist- challenges and worked with local, mitting, pursuant to law, the report of a rule State and Federal officials to meet ant Director, Executive and Political Per- entitled ‘‘Payment and Billing Instructions’’ sonnel, Department of Defense, transmit- these urgent needs. (DFARS Case 2003–D009) received on October ting, pursuant to law, the report of a nomi- Mr. President, I commend the De- 31, 2005; to the Committee on Armed Serv- nation for the position of Deputy Under Sec- troit Windsor Tunnel on its 75th anni- ices. retary of Defense (Logistics and Materiel EC–4512. A communication from the Assist- versary, for its service to the people of Readiness), received on October 31, 2005; to ant Director, Executive and Political Per- the Committee on Armed Services. the United States and Canada, and for sonnel, Department of Defense, transmit- EC–4523. A communication from the Assist- its continuous innovation to serve ting, pursuant to law, the report of a change ant Director, Executive and Political Per- those who rely on it.∑ in previously submitted reported informa- sonnel, Department of Defense, transmit- tion relative to the vacancy in the position f ting, pursuant to law, the report of a recess of Assistant Secretary of Defense (Public Af- appointment for the position of Under Sec- MESSAGE FROM THE HOUSE fairs), received on October 31, 2005; to the retary of Defense (Policy), received on Octo- Committee on Armed Services. EC–4513. A communication from the Assist- ber 31, 2005; to the Committee on Armed Services. ENROLLED BILL SIGNED ant Director, Executive and Political Per- sonnel, Department of Defense, transmit- EC–4524. A communication from the Assist- At 9:20 a.m., a message from the ting, pursuant to law, the report of a change ant Director, Executive and Political Per- House of Representatives, delivered by in previously submitted reported informa- sonnel, Department of the Army, transmit- Ms. Niland, one of its reading clerks, tion relative to the vacancy in the position ting, pursuant to law, the report of the dis- of Deputy Secretary of Defense, received on continuation of service in the acting role and announced that the Speaker has signed the confirmation of a nominee for the posi- the following enrolled bill: October 31, 2005; to the Committee on Armed Services. tion of Assistant Secretary of the Army (In- H.R. 2967. An act to designate the Federal EC–4514. A communication from the Assist- stallations and Environment), received on building located at 333 Mt. Elliott Street in ant Director, Executive and Political Per- October 31, 2005; to the Committee on Armed Detroit, Michigan, as the ‘‘Rosa Parks Fed- sonnel, Department of Defense, transmit- Services. eral Building’’. ting, pursuant to law, the report of a nomi- EC–4525. A communication from the Assist- The enrolled bill was signed subse- nation and the designation of an acting offi- ant Director, Executive and Political Per- quently by the President pro tempore cer for the position of Assistant Secretary of sonnel, Department of Defense, transmit- ting, pursuant to law, the report of a nomi- (Mr. STEVENS). Defense (Public Affairs), received on October 31, 2005; to the Committee on Armed Serv- nation for the position of Director, Defense f ices. Research and Engineering, received on Octo- ber 31, 2005; to the Committee on Armed MEASURES READ THE FIRST TIME EC–4515. A communication from the Assist- ant Director, Executive and Political Per- Services. The following bill was read the first sonnel, Department of Defense, transmit- EC–4526. A communication from the Assist- time: ting, pursuant to law, the report of a nomi- ant Director, Executive and Political Per- nation for the position of Assistant Sec- sonnel, Department of Defense, transmit- S. 1960. A bill to protect the health and ting, pursuant to law, the report of a va- safety of all athletes, to promote the integ- retary of Defense (International Security Policy), received on October 31, 2005; to the cancy in the position of Director, Defense rity of professional sports by establishing Research and Engineering, received on Octo- minimum standards for the testing of Committee on Armed Services. EC–4516. A communication from the Assist- ber 31, 2005; to the Committee on Armed steroids and other performance-enhancing ant Director, Executive and Political Per- Services. substances and methods by professional sonnel, Department of Defense, transmit- EC–4527. A communication from the Assist- sports leagues, and for other purposes. ting, pursuant to law, the report of a nomi- ant Director, Executive and Political Per- f nation for the position of Under Secretary of sonnel, Department of Defense, transmit- Defense (Policy), received on October 31, ting, pursuant to law, the report of the dis- EXECUTIVE AND OTHER 2005; to the Committee on Armed Services. continuation of service in the acting role and COMMUNICATIONS EC–4517. A communication from the Assist- confirmation of a nominee for the position of The following communications were ant Director, Executive and Political Per- Deputy Under Secretary of Defense (Logis- laid before the Senate, together with sonnel, Department of Defense, transmit- tics and Materiel Readiness), received on Oc- ting, pursuant to law, the report of the dis- tober 31, 2005; to the Committee on Armed accompanying papers, reports, and doc- continuation of service in the acting role for Services. uments, and were referred as indicated: the position of Director, Operational Test EC–4528. A communication from the Assist- EC–4507. A communication from the Assist- and Evaluation, received on October 31, 2005; ant Director, Executive and Political Per- ant to the Secretary of Defense, Nuclear and to the Committee on Armed Services. sonnel, Department of Defense, transmit- Chemical and Biological Defense Programs, EC–4518. A communication from the Assist- ting, pursuant to law, the report of the dis- transmitting, pursuant to law, a report from ant Director, Executive and Political Per- continuation of service in the acting role for

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.090 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12353 the position of Assistant Secretary of De- ting, pursuant to law, the report of the dis- By Mr. BROWNBACK (for himself and fense (Legislative Affairs), received on Octo- continuation of service in the acting role for Mr. INHOFE): ber 31, 2005; to the Committee on Armed the position of Under Secretary of the Army, S. 1956. A bill to amend the Federal Food, Services. received on October 31, 2005; to the Com- Drug, and Cosmetic Act to create a new EC–4529. A communication from the Assist- mittee on Armed Services. three-tiered approval system for drugs, bio- ant Director, Executive and Political Per- EC–4540. A communication from the Assist- logical products, and devices that is respon- sonnel, Department of Defense, transmit- ant Director, Executive and Political Per- sive to the needs of seriously ill patients, ting, pursuant to law, the report of a dis- sonnel, Department of the Army, transmit- and for other purposes; to the Committee on continuation of service in the acting role and ting, pursuant to law, the report of a nomi- Health, Education, Labor, and Pensions. a recess appointment in the position of As- nation and designation of an acting officer By Mr. HAGEL (for himself and Mr. sistant Secretary of Defense (International for the position of Assistant Secretary of the NELSON of Nebraska): Security Policy), received on October 31, Army (Installations and Environment), re- S. 1957. A bill to authorize the Secretary of 2005; to the Committee on Armed Services. ceived on October 31, 2005; to the Committee Interior to convey to The Missouri River EC–4530. A communication from the Assist- on Armed Services. Basin Lewis and Clark Interpretive Trail and ant Director, Executive and Political Per- Visitor Center Foundation, Inc. certain Fed- sonnel, Department of the Navy, transmit- f eral land associated with the Lewis and Clark National Historic Trail in Nebraska, ting, pursuant to law, the report of a nomi- REPORTS OF COMMITTEES nation for the position of Assistant Sec- to be used as an historical interpretive site retary of the Navy (Research, Development The following reports of committees along the trail; to the Committee on Energy and Acquisition), received on October 31, were submitted: and Natural Resources. By Ms. CANTWELL (for herself, Mrs. 2005; to the Committee on Armed Services. By Mr. SPECTER, from the Committee on MURRAY, Mr. CRAPO, Mr. SCHUMER, EC–4531. A communication from the Assist- the Judiciary, with an amendment in the na- Mr. LEAHY, Mr. CRAIG, Mr. LEVIN, Mr. ant Director, Executive and Political Per- ture of a substitute: DEWINE, Mr. DAYTON, Mr. BAUCUS, sonnel, Department of the Navy, transmit- S. 1095. A bill to amend chapter 113 of title ting, pursuant to law, the report of a nomi- and Mrs. CLINTON): 18, United States Code, to clarify the prohi- S. 1958. A bill to authorize the Attorney nation for the position of Secretary of the bition on the trafficking in goods or services, Navy, received on October 31, 2005; to the General to establish and carry out a pro- and for other purposes. gram, known as the Northern Border Pros- Committee on Armed Services. By Mr. SPECTER, from the Committee on EC–4532. A communication from the Assist- ecution Initiative, to provide funds to north- the Judiciary, with an amendment: ern border States to reimburse county and ant Director, Executive and Political Per- S. 1699. A bill to amend title 18, United sonnel, Department of the Air Force, trans- municipal governments for costs associated States Code, to provide criminal penalties with certain criminal activities, and for mitting, pursuant to law, the report of a for trafficking in counterfeit marks. nomination for the position of Secretary of other purposes; to the Committee on the Ju- the Air Force, received on October 31, 2005; f diciary. to the Committee on Armed Services. By Mr. KERRY (for himself, Mr. EC–4533. A communication from the Assist- EXECUTIVE REPORTS OF OBAMA, Mr. LEVIN, Ms. STABENOW, ant Director, Executive and Political Per- COMMITTEES Mr. KENNEDY, Mr. CORZINE, and Mr. SMITH): sonnel, Department of the Air Force, trans- The following executive reports of mitting, pursuant to law, the report of a S. 1959. A bill to direct the Architect of the committees were submitted: Capitol to obtain a statue of Rosa Parks and nomination for the position of Under Sec- to place the statue in the United States Cap- retary of the Air Force, received on October By Mr. SHELBY for the Committee on itol in National Statuary Hall; to the Com- 31, 2005; to the Committee on Armed Serv- Banking, Housing, and Urban Affairs. mittee on Rules and Administration. ices. *Orlando J. Cabrera, of Florida, to be an EC–4534. A communication from the Assist- Assistant Secretaryof Housing and Urban By Mr. BUNNING (for himself, Mr. ant Director, Executive and Political Per- Development. MCCAIN, Mr. STEVENS, Mr. ROCKE- sonnel, Department of the Air Force, trans- *Katherine Baicker, of New Hampshire, to FELLER, and Mr. GRASSLEY): S. 1960. A bill to protect the health and mitting, pursuant to law, the report of the be a Member of the Council of Economic Ad- safety of all athletes, to promote the integ- confirmation of a nominee for the position of visers. rity of professional sports by establishing Under Secretary of the Air Force, received *Matthew Slaughter, of New Hampshire, to minimum standards for the testing of on October 31, 2005; to the Committee on be a Member of the Council of Economic Ad- visers. steroids and other performance-enhancing Armed Services. substances and methods by professional EC–4535. A communication from the Assist- *Rodney E. Hood, of North Carolina, to be sports leagues, and for other purposes; read ant Director, Executive and Political Per- a Member of the National Credit Union Ad- the first time. sonnel, Department of the Air Force, trans- ministration Board for a term expiring April mitting, pursuant to law, the report of a va- 10, 2009. f cancy and designation of an acting officer in *Gigi Hyland, of Virginia, to be a Member SUBMISSION OF CONCURRENT AND of the National Credit Union Administration the position of Assistant Secretary of the SENATE RESOLUTIONS Air Force (Installations, Environment, and Board for a term expiring August 2, 2011. Logistics), received on October 31, 2005; to By Mr. SPECTER for the Committee on The following concurrent resolutions the Committee on Armed Services. the Judiciary. and Senate resolutions were read, and EC–4536. A communication from the Assist- Wan J. Kim, of Maryland, to be an Assist- referred (or acted upon), as indicated: ant Director, Executive and Political Per- ant Attorney General. By Mr. HATCH (for himself and Mr. sonnel, Department of the Air Force, trans- Sue Ellen Wooldridge, of Virginia, to be an BENNETT): mitting, pursuant to law, the report of the Assistant Attorney General. S. Res. 298. A resolution designating Thurs- discontinuation of service in the acting role Steven G. Bradbury, of Maryland, to be an day, November 17, 2005, as ‘‘Feed America for the position of Secretary of the Air Assistant Attorney General. Thursday;’’ to the Committee on the Judici- Force, received on October 31, 2005; to the Thomas O. Barnett, of Virginia, to be an ary. Committee on Armed Services. Assistant Attorney General. By Ms. LANDRIEU (for herself, Mr. EC–4537. A communication from the Assist- *Nomination was reported with rec- DEMINT, Mrs. CLINTON, Mr. NELSON of ant Director, Executive and Political Per- ommendation that it be confirmed sub- Nebraska, Mr. BROWNBACK, Mr. sonnel, Department of the Air Force, trans- CRAIG, Mr. KERRY, Mr. COLEMAN, and ject to the nominee’s commitment to mitting, pursuant to law, the report of the Mr. SALAZAR): designation of an acting officer in the posi- respond to requests to appear and tes- S. Res. 299. A resolution to express support tion of Secretary of the Air Force, received tify before any duly constituted com- for the goals of National Adoption Month by on October 31, 2005; to the Committee on mittee of the Senate. promoting national awareness of adoption, Armed Services. (Nominations without an asterisk celebrating children and families involved in EC–4538. A communication from the Assist- were reported with the recommenda- adoption, and encouraging Americans to se- ant Director, Executive and Political Per- tion that they be confirmed.) cure safety, permanency, and well-being for sonnel, Department of the Army, transmit- all children; considered and agreed to. ting, pursuant to law, the report of the dis- f By Mr. INOUYE (for himself, Mr. continuation of service in the acting role for AKAKA, Mr. BYRD, Mr. FRIST, Mr. the position of Assistant Secretary of the INTRODUCTION OF BILLS AND REID, Mr. ALEXANDER, Mr. ALLARD, Army (Manpower and Reserve Affairs), re- JOINT RESOLUTIONS Mr. ALLEN, Mr. BAUCUS, Mr. BAYH, ceived on October 31, 2005; to the Committee Mr. BENNETT, Mr. BIDEN, Mr. BINGA- The following bills and joint resolu- on Armed Services. MAN, Mr. BOND, Mrs. BOXER, Mr. EC–4539. A communication from the Assist- tions were introduced, read the first BROWNBACK, Mr. BUNNING, Mr. BURNS, ant Director, Executive and Political Per- and second times by unanimous con- Mr. BURR, Ms. CANTWELL, Mr. CAR- sonnel, Department of the Army, transmit- sent, and referred as indicated: PER, Mr. CHAFEE, Mr. CHAMBLISS,

VerDate Aug 31 2005 03:27 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.096 S03NOPT1 S12354 CONGRESSIONAL RECORD — SENATE November 3, 2005 Mrs. CLINTON, Mr. COBURN, Mr. COCH- criminal penalties for trafficking in sor of amendment No. 2350 proposed to RAN, Mr. COLEMAN, Ms. COLLINS, Mr. counterfeit marks. S. 1932, an original bill to provide for CONRAD, Mr. CORNYN, Mr. CORZINE, S. 1767 reconciliation pursuant to section Mr. CRAIG, Mr. CRAPO, Mr. DAYTON, 202(a) of the concurrent resolution on Mr. DEMINT, Mr. DEWINE, Mr. DODD, At the request of Ms. SNOWE, the Mrs. DOLE, Mr. DOMENICI, Mr. DOR- name of the Senator from North Da- the budget for fiscal year 2006 (H. Con. GAN, Mr. DURBIN, Mr. ENSIGN, Mr. kota (Mr. DORGAN) was added as a co- Res. 95). ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, sponsor of S. 1767, a bill to require the AMENDMENT NO. 2353 Mr. GRAHAM, Mr. GRASSLEY, Mr. Federal Communications Commission At the request of Mrs. MURRAY, the GREGG, Mr. HAGEL, Mr. HARKIN, Mr. to reevaluate the band plans for the name of the Senator from Illinois (Mr. HATCH, Mrs. HUTCHISON, Mr. INHOFE, upper 700 megaHertz band and the un- OBAMA) was added as a cosponsor of Mr. ISAKSON, Mr. JEFFORDS, Mr. auctioned portions of the lower 700 JOHNSON, Mr. KENNEDY, Mr. KERRY, amendment No. 2353 intended to be pro- Mr. KOHL, Mr. KYL, Ms. LANDRIEU, megaHertz band and reconfigure them posed to S. 1932, an original bill to pro- Mr. LAUTENBERG, Mr. LEAHY, Mr. to include spectrum to be licensed for vide for reconciliation pursuant to sec- LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, small geographic areas. tion 202(a) of the concurrent resolution Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, S. 1791 on the budget for fiscal year 2006 (H. Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- At the request of Mr. SMITH, the Con. Res. 95). KULSKI, Ms. MURKOWSKI, Mrs. MUR- name of the Senator from Idaho (Mr. AMENDMENT NO. 2356 RAY, Mr. NELSON of Florida, Mr. NEL- SON of Nebraska, Mr. OBAMA, Mr. CRAPO) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the PRYOR, Mr. REED, Mr. ROBERTS, Mr. 1791, a bill to amend the Internal Rev- names of the Senator from Wisconsin ROCKEFELLER, Mr. SALAZAR, Mr. enue Code of 1986 to allow a deduction (Mr. KOHL), the Senator from New Jer- SANTORUM, Mr. SARBANES, Mr. SCHU- for qualified timber gains. sey (Mr. CORZINE) and the Senator from MER, Mr. SESSIONS, Mr. SHELBY, Mr. S. 1848 New York (Mrs. CLINTON) were added as SMITH, Ms. SNOWE, Mr. SPECTER, Ms. At the request of Mr. SALAZAR, the cosponsors of amendment No. 2356 pro- STABENOW, Mr. STEVENS, Mr. SUNUNU, posed to S. 1932, an original bill to pro- Mr. TALENT, Mr. THOMAS, Mr. THUNE, name of the Senator from Nevada (Mr. Mr. VITTER, Mr. VOINOVICH, Mr. WAR- REID) was added as a cosponsor of S. vide for reconciliation pursuant to sec- NER, and Mr. WYDEN): 1848, a bill to promote remediation of tion 202(a) of the concurrent resolution S. Res. 300. A resolution relative to the inactive and abandoned mines, and for on the budget for fiscal year 2006 (H. death of Henry Ku′ualoha Giugni, former other purposes. Con. Res. 95). Sergeant-at-Arms of the United States Sen- S. 1947 AMENDMENT NO. 2357 ate; considered and agreed to. At the request of Mr. SUNUNU, the At the request of Mr. NELSON of Flor- f name of the Senator from Georgia (Mr. ida, the names of the Senator from Illi- ADDITIONAL COSPONSORS ISAKSON) was added as a cosponsor of S. nois (Mr. OBAMA) and the Senator from S. 331 1947, a bill to amend chapter 21 of title Wisconsin (Mr. FEINGOLD) were added At the request of Mr. JOHNSON, the 38, United States Code, to enhance as cosponsors of amendment No. 2357 name of the Senator from South Da- adaptive housing assistance for dis- proposed to S. 1932, an original bill to kota (Mr. THUNE) was added as a co- abled veterans. provide for reconciliation pursuant to sponsor of S. 331, a bill to amend title S. RES. 219 section 202(a) of the concurrent resolu- 38, United States Code, to provide for At the request of Mrs. FEINSTEIN, the tion on the budget for fiscal year 2006 an assured adequate level of funding name of the Senator from Massachu- (H. Con. Res. 95). for veterans health care. setts (Mr. KERRY) was added as a co- AMENDMENT NO. 2360 S. 333 sponsor of S. Res. 219, a resolution des- At the request of Mr. LOTT, the At the request of Mr. SANTORUM, the ignating March 8, 2006, as ‘‘Endangered names of the Senator from Pennsyl- name of the Senator from California Species Day,’’ and encouraging the peo- vania (Mr. SANTORUM), the Senator (Mrs. BOXER) was added as a cosponsor ple of the United States to become edu- from Massachusetts (Mr. KENNEDY), the of S. 333, a bill to hold the current re- cated about, and aware of, threats to Senator from Vermont (Mr. JEFFORDS), gime in Iran accountable for its threat- species, success stories in species re- the Senator from Illinois (Mr. DURBIN) ening behavior and to support a transi- covery, and the opportunity to pro- and the Senator from North Dakota tion to democracy in Iran. mote species conservation worldwide. (Mr. DORGAN) were added as cosponsors S. 1496 AMENDMENT NO. 762 of amendment No. 2360 proposed to S. At the request of Mr. CRAPO, the At the request of Mr. NELSON of Flor- 1932, an original bill to provide for rec- name of the Senator from Minnesota ida, the name of the Senator from Cali- onciliation pursuant to section 202(a) (Mr. COLEMAN) was added as a cospon- fornia (Mrs. FEINSTEIN) was added as a of the concurrent resolution on the sor of S. 1496, a bill to direct the Sec- cosponsor of amendment No. 762 pro- budget for fiscal year 2006 (H. Con. Res. retary of the Interior to conduct a posed to S. 1042, an original bill to au- 95). pilot program under which up to 15 thorize appropriations for fiscal year AMENDMENT NO. 2363 States may issue electronic Federal 2006 for military activities of the De- At the request of Mr. HARKIN, the migratory bird hunting stamps. partment of Defense, for military con- name of the Senator from New York S. 1516 struction, and for defense activities of (Mrs. CLINTON) was added as a cospon- At the request of Mr. LOTT, the the Department of Energy, to prescribe sor of amendment No. 2363 proposed to names of the Senator from Pennsyl- personnel strengths for such fiscal year S. 1932, an original bill to provide for vania (Mr. SPECTER), the Senator from for the Armed Forces, and for other reconciliation pursuant to section Pennsylvania (Mr. SANTORUM), the Sen- purposes. 202(a) of the concurrent resolution on ator from Rhode Island (Mr. CHAFEE), AMENDMENT NO. 2346 the budget for fiscal year 2006 (H. Con. the Senator from Arkansas (Mr. At the request of Mr. INOUYE, the Res. 95). PRYOR), the Senator from Delaware name of the Senator from Hawaii (Mr. AMENDMENT NO. 2371 (Mr. BIDEN) and the Senator from New AKAKA) was added as a cosponsor of At the request of Ms. SNOWE, the York (Mr. SCHUMER) were added as co- amendment No. 2346 intended to be pro- names of the Senator from New York sponsors of S. 1516, a bill to reauthorize posed to S. 1932, an original bill to pro- (Mrs. CLINTON), the Senator from Mas- Amtrak, and for other purposes. vide for reconciliation pursuant to sec- sachusetts (Mr. KERRY) and the Sen- S. 1699 tion 202(a) of the concurrent resolution ator from Connecticut (Mr. DODD) were At the request of Mr. SPECTER, the on the budget for fiscal year 2006 (H. added as cosponsors of amendment No. names of the Senator from Oklahoma Con. Res. 95). 2371 proposed to S. 1932, an original bill (Mr. COBURN) and the Senator from AMENDMENT NO. 2350 to provide for reconciliation pursuant California (Mrs. FEINSTEIN) were added At the request of Mrs. MURRAY, the to section 202(a) of the concurrent reso- as cosponsors of S. 1699, a bill to amend name of the Senator from New York lution on the budget for fiscal year 2006 title 18, United States Code, to provide (Mrs. CLINTON) was added as a cospon- (H. Con. Res. 95).

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AMENDMENT NO. 2372 S. 1956 threatening condition or disease, which evi- At the request of Mrs. MURRAY, the Be it enacted by the Senate and House of Rep- dence may be based on uncontrolled data name of the Senator from New Jersey resentatives of the United States of America in such as case histories, information about the pharmacological mechanism of action, data (Mr. CORZINE) was added as a cosponsor Congress assembled, from animal and computer models, compari- of amendment No. 2372 proposed to S. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Access, son with historical data, or other prelimi- 1932, an original bill to provide for rec- nary information, and may be based on a onciliation pursuant to section 202(a) Compassion, Care, and Ethics for Seriously Ill Patients Act’’ or the ‘‘ACCESS Act’’. small number of patients; and of the concurrent resolution on the ‘‘(iii) an assurance that the sponsor will SEC. 2. FINDINGS. continue clinical investigation to obtain budget for fiscal year 2006 (H. Con. Res. Congress finds the following: Tier III approval. 95). (1) The necessity of placebo controlled ‘‘(B) LIMITATION.—Tier I approval shall be AMENDMENT NO. 2373 studies has been questioned on both sci- primarily based upon clinical evaluation, not entific and ethical grounds for seriously ill At the request of Mr. REED, the name statistical analysis. patients. of the Senator from Minnesota (Mr. ‘‘(2) DETERMINATION BY SECRETARY.— (2) The current standards of the Food and DAYTON) was added as a cosponsor of ‘‘(A) IN GENERAL.—Not later than 30 days amendment No. 2373 intended to be pro- Drug Administration for approval of drugs, after the receipt of an application for Tier I biological products, and devices deny the posed to S. 1932, an original bill to pro- approval, the Secretary shall either— benefits of medical progress to seriously ill ‘‘(i) approve the application; or vide for reconciliation pursuant to sec- patients who face morbidity or death from tion 202(a) of the concurrent resolution ‘‘(ii) refer the application to the Acceler- their disease. ated Approval Advisory Committee. on the budget for fiscal year 2006 (H. (3) Promising therapies intended to treat ‘‘(B) RECOMMENDATION.—Within 90 days Con. Res. 95). serious or life threatening conditions or dis- after receipt of an application for approval, At the request of Mr. CARPER, his eases and which address unmet medical the Accelerated Approval Advisory Com- name was added as a cosponsor of needs have received unjustified delays and mittee shall issue a recommendation to the amendment No. 2373 intended to be pro- denials of approval. Secretary on whether the Secretary should posed to S. 1932, supra. (4) Seriously ill patients have a right to ac- approve the application. cess available investigational drugs, biologi- AMENDMENT NO. 2380 ‘‘(C) FINAL DECISION.—Within 30 days after cal products, and devices. receipt of the recommendation from the Ac- At the request of Mr. LIEBERMAN, the (5) The current Food and Drug Administra- celerated Approval Advisory Committee, the name of the Senator from Illinois (Mr. tion and National Cancer Institute case-by- Secretary shall either approve the applica- OBAMA) was added as a cosponsor of case exception for compassionate access tion or shall issue an order setting forth a amendment No. 2380 proposed to S. must be required to permit all seriously ill detailed explanation of the reasons why the 1932, an original bill to provide for rec- patients access to available experimental application was not approved and the spe- onciliation pursuant to section 202(a) therapies as a treatment option. cific data that the sponsor must provide so of the concurrent resolution on the (6) The current emphasis on statistical that the application may be approved. analysis of clinical information needs to be budget for fiscal year 2006 (H. Con. Res. ‘‘(3) APPEAL.—If the Secretary does not ap- balanced by a greater reliance on clinical prove an application for which the Acceler- 95). evaluation of this information. ated Approval Advisory Committee rec- AMENDMENT NO. 2390 (7) Food and Drug Administration advisory ommended approval, the sponsor of the ap- At the request of Mr. SMITH, the committees should have greater representa- plication shall have the right to appeal the name of the Senator from Wisconsin tion of medical clinicians who represent the decision to the Commissioner of Food and (Mr. FEINGOLD) was added as a cospon- interests of seriously ill patients in early ac- Drugs. The Commissioner shall provide the sor of amendment No. 2390 proposed to cess to promising investigational therapies. sponsor with a hearing within 30 days fol- (8) The use of available investigational S. 1932, an original bill to provide for lowing the nonapproval of the application products for treatment is the responsibility and shall issue an order within 30 days fol- reconciliation pursuant to section of the physician and the patient. lowing the hearing either concurring in the 202(a) of the concurrent resolution on (9) The use of combinations of available in- nonapproval or approving the application. the budget for fiscal year 2006 (H. Con. vestigational and approved products for The Commissioner shall not delegate the re- Res. 95). treatment is the responsibility of the physi- sponsibility described in this paragraph to At the request of Mr. KERRY, his cian and the patient. any other person. name was added as a cosponsor of (10) The development and approval of ‘‘(4) CRITERIA.—In making a determination amendment No. 2390 proposed to S. drugs, biological products, and devices in- under paragraph (2), the Secretary shall con- 1932, supra. tended to address serious or life-threatening sider whether the totality of the information conditions or diseases is often delayed by the available to the Secretary regarding the AMENDMENT NO. 2400 inability of sponsors to obtain prompt meet- safety and effectiveness of an investigational At the request of Ms. CANTWELL, the ings with the Food and Drug Administration drug, biological product, or device, as com- name of the Senator from Minnesota and to obtain prompt resolution of scientific pared to the risk of morbidity or death from (Mr. DAYTON) was added as a cosponsor and regulatory issues related to the inves- a condition or disease, indicates that a pa- of amendment No. 2400 proposed to S. tigation and review of new technologies. tient (who may be representative of a small 1932, an original bill to provide for rec- SEC. 3. TIERED APPROVAL SYSTEM FOR DRUGS, patient subpopulation) may obtain more ben- onciliation pursuant to section 202(a) BIOLOGICAL PRODUCTS, AND DE- efit than risk if treated with the drug, bio- VICES. logical product, or device. If the potential of the concurrent resolution on the Section 506 of the Federal Food, Drug, and risk to a patient of the condition or disease budget for fiscal year 2006 (H. Con. Res. Cosmetic Act (21 U.S.C. 356) is amended to outweighs the potential risk of the product, 95). read as follows: and the product may possibly provide benefit f ‘‘SEC. 506. TIERED APPROVAL SYSTEM. to the patient, the Secretary shall approve ‘‘(a) IN GENERAL.—Notwithstanding any the application. STATEMENTS ON INTRODUCED other provision of law, the sponsor of an in- ‘‘(5) PRODUCT LABELING.—The labeling ap- BILLS AND JOINT RESOLUTIONS vestigational drug, biological product, or de- proved by the Secretary for the drug, bio- By Mr. BROWNBACK (for himself vice may submit an application to the Sec- logical product, or device— retary for Tier I or Tier II approval in ac- ‘‘(A) shall state that the product is in- and Mr. INHOFE): tended for use by a patient whose physician S. 1956. A bill to amend the Federal cordance with this section. ‘‘(b) TIER I APPROVAL.— has documented in writing that the patient Food, Drug, and Cosmetic Act to create ‘‘(1) IN GENERAL.— has— a new three-tiered approval system for ‘‘(A) APPLICATION CONTENT.—A sponsor of ‘‘(i) exhausted all treatment options ap- drugs, biological products, and devices an investigational drug, biological product, proved by Secretary for the condition or dis- that is responsive to the needs of seri- or device applying for Tier I approval of the ease for which the patient is a reasonable ously ill patients, and for other pur- product shall submit to the Secretary an ap- candidate; and poses; to the Committee on Health, plication as described under section 505(b)(1) ‘‘(ii) unsuccessfully sought treatment, or Education, Labor, and Pensions. or 505(b)(2), section 351(a) of the Public obtained treatment that was not effective, Mr. BROWNBACK. Mr. President, I Health Service Act, or section 510(k) or with an investigational drug, biological 515(c)(1), as applicable, which shall contain— product, or device for which such individual ask unanimous consent that the text of ‘‘(i) data and information from completed is a reasonable candidate (which may include the bill be printed in the RECORD. Phase I clinical investigations and any other consideration of the lack of a source of sup- There being no objection, the bill was nonclinical or clinical investigations; ply or geographic factors); and ordered to be printed in the RECORD, as ‘‘(ii) preliminary evidence that the product ‘‘(B) shall state that every patient to follows: may be effective against a serious or life- whom the product is administered shall, as a

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mandatory condition of receiving the prod- the Secretary to condition Tier II approval ‘‘(B) APPOINTMENTS.—The Secretary shall uct, provide— on compliance with any other standards, in- appoint to the Committee persons who are ‘‘(i) written informed consent, as described cluding any standard necessary to meet Tier qualified by training and experience to under part 50 of title 21, Code of Federal Reg- III approval. evaluate the safety and effectiveness of the ulations; ‘‘(d) TIER III APPROVAL.—For purposes of types of products to be referred to the Com- ‘‘(ii) a written waiver of the right to sue this Act, the term ‘Tier III approval’ mittee and who, to the extent feasible, pos- the manufacturer or sponsor of the drug, bio- means— sess skill in the use of, or experience in the logical product, or device, or the physicians ‘‘(1) with respect to a new drug or new bio- development, manufacture, or utilization of, who prescribed the product or the institution logical product, approval of such drug or such products. The Secretary shall make ap- where it was administered, for an adverse product under section 505(b)(1) or 505(b)(2) or pointments to the Committee so that the event caused by the product, which shall be section 351 of the Public Health Service Act, Committee shall consist of members with binding in every State and Federal court; as the case may be; and adequately diversified expertise and prac- and ‘‘(2) with respect to a new device, clearance tical experience in such fields as clinical ‘‘(iii) consent for the manufacturer of the of such device under section 510(k) or ap- medicine, biological and physical sciences, product to obtain data and information proval of such device under section 515(c)(1). and other related professions. Scientific, in- about the patient and the patient’s use of the ‘‘(e) PROMOTIONAL MATERIALS.—Approval dustry, and consumer organizations and product that may be used to support an ap- of a product under either Tier I or II may be members of the public shall be afforded an plication for Tier II or Tier III approval. subject to the requirements that— opportunity to nominate individuals for ap- ‘‘(6) LIMITATION ON CONDITIONS.—Tier I ap- ‘‘(1) the sponsor submit copies of all adver- pointment to the Committee. No individual proval may be subject to the requirement tising and promotional materials related to who is in the regular full-time employ of the that the sponsor conduct appropriate post- the product during the preapproval review United States and engaged in the adminis- approval studies. period and, following approval and for such tration of this chapter may be a member of ‘‘(c) TIER II APPROVAL.— period thereafter as the Secretary deter- the Committee. ‘‘(1) IN GENERAL.—A sponsor of an inves- mines to be appropriate, and at least 30 days ‘‘(4) COMPENSATION.—Committee members, tigational drug, biological product, or device prior to the dissemination of the materials; while attending meetings or conferences of applying for Tier II approval shall submit to ‘‘(2) all advertising and promotional mate- the Committee or otherwise engaged in its the Secretary an application as described rials prominently disclose the limited ap- business, shall be entitled to receive com- under section 505(b)(1) or 505(b)(2), section proval for the product and data available pensation at rates to be fixed by the Sec- 351(a) of the Public Health Service Act, or supporting the safety and effectiveness of retary, but not at rates exceeding the daily section 510(k) or 515(c)(1), as applicable, the product; and equivalent of the rate in effect for grade GS– which shall contain— ‘‘(3) the sponsor shall not disseminate ad- 18 of the General Schedule, for each day so ‘‘(A) data and information that the drug, vertising or promotional material prior to engaged, including traveltime, and while so biological product, or device has an effect on obtaining written notification from the Sec- serving away from their homes or regular a clinical endpoint or on a surrogate end- retary that the advertising or promotional places of business each member may be al- point or biomarker that is reasonably likely material complies with this subchapter. lowed travel expenses (including per diem in to predict clinical benefit to a patient (who ‘‘(f) EXPEDITED WITHDRAWAL OF AP- lieu of subsistence) as authorized by section may be representative of a small patient sub- PROVAL.—The Secretary may withdraw Tier I 5703 of title 5, for persons in the Government population) suffering from a serious or life- or Tier II approval using expedited proce- service employed intermittently. threatening condition or disease; and dures (as prescribed by the Secretary in reg- ‘‘(B) an assurance that the sponsor will ulations which shall include an opportunity ‘‘(5) ASSISTANCE.—The Secretary shall fur- continue clinical investigation to obtain for a hearing) if— nish the Committee with adequate clerical Tier III approval. ‘‘(1) the sponsor fails to conduct post-ap- and other necessary assistance. ‘‘(6) ANNUAL TRAINING.—The Secretary ‘‘(2) DETERMINATION BY SECRETARY.— proval studies with due diligence, consid- shall employ nongovernmental experts to ‘‘(A) IN GENERAL.—Not later than 30 days ering all of the circumstances involved; after the receipt of an application for Tier II ‘‘(2) a post-approval study fails to verify provide annual training to the Committee on approval, the Secretary shall either— clinical benefit of the product for even a the statutory and regulatory standards for ‘‘(i) approve the application; or small patient subpopulation; product approval. ‘‘(ii) refer the application to the Acceler- ‘‘(3) other evidence demonstrates that the ‘‘(7) TIMELINE.—The Committee shall be ated Approval Advisory Committee. product is not safe or effective under the scheduled to meet at such times as may be ‘‘(B) RECOMMENDATION.—Within 90 days conditions of use for even a small patient appropriate for the Secretary to meet appli- after receipt of an application for approval, subpopulation; or cable statutory deadlines. the Accelerated Approval Advisory Com- ‘‘(4) the sponsor disseminates false or mis- ‘‘(8) MEETINGS.— mittee shall issue a recommendation to the leading promotional materials with respect ‘‘(A) OPPORTUNITIES FOR INTERESTED PER- Secretary on whether the Secretary should to the product and fails to correct the mate- SONS.—Any person whose product is specifi- approve the application. rial promptly after written notice from the cally the subject of review by the Committee ‘‘(C) FINAL DECISION.—Within 30 days after Secretary. shall have— receipt of the recommendation from the Ac- ‘‘(g) ACCELERATED APPROVAL ADVISORY ‘‘(i) the same access to data and informa- celerated Approval Advisory Committee, the COMMITTEE.— tion submitted to the Committee as the Sec- Secretary shall either approve the applica- ‘‘(1) IN GENERAL.—In order to facilitate the retary; tion or issue an order setting forth a detailed development and expedite the review of ‘‘(ii) the opportunity to submit, for review explanation of the reasons why the applica- drugs, biological products, and devices in- by the Committee, data or information, tion was not approved and the specific data tended to treat serious or life threatening which shall be submitted to the Secretary that the sponsor must provide so that the ap- conditions, the Secretary shall establish the for prompt transmittal to the Committee; plication may be approved. Accelerated Approval Advisory Committee. and ‘‘(3) APPEAL.—If the Secretary does not ap- ‘‘(2) DELEGATION.—The Secretary may dele- ‘‘(iii) the same opportunity as the Sec- prove an application for which the Acceler- gate authority for the Accelerated Approval retary to participate in meetings of the Com- ated Approval Advisory Committee rec- Advisory Committee to the Commissioner of mittee. ommended approval, the sponsor of the ap- Food and Drugs. The Accelerated Approval ‘‘(B) ADEQUATE TIME; FREE AND OPEN PAR- plication shall have the right to appeal the Advisory Committee shall be staffed and ad- TICIPATION.—Any meetings of the Committee decision to the Commissioner of Food and ministered in the Office of the Commis- shall provide adequate time for initial pres- Drugs. The Commissioner shall provide the sioner. entations and for response to any differing sponsor with a hearing within 30 days fol- ‘‘(3) COMPOSITION.— views by persons whose products are specifi- lowing the nonapproval of the application ‘‘(A) IN GENERAL.—The Committee shall be cally the subject of the Committee review, and shall issue an order within 30 days fol- composed of 11 voting members, including 1 and shall encourage free and open participa- lowing the hearing either concurring in the chairperson and 5 permanent members each tion by all interested persons. nonapproval or approving the application. of whom shall serve a term of 3 years and ‘‘(C) SUMMARIES.—At all meetings of the The Commissioner shall not delegate the re- may be reappointed for a second 3-year term, Committee, the Secretary shall provide a sponsibility described in this paragraph to and 5 nonpermanent members who shall be summary to the Committee of all Tier I and any other person. appointed to the Committee for a specific Tier II applications that the Committee did ‘‘(4) LIMITATION ON CONDITIONS.— meeting, or part of a meeting, in order to not consider that were approved by the Sec- ‘‘(A) POST-APPROVAL STUDIES.—Tier II ap- provide adequate expertise in the subject retary since the last meeting of the Com- proval may be subject to the requirement being reviewed. The Committee shall include mittee. that the sponsor conduct appropriate post- as voting members no less than 2 representa- ‘‘(h) COMMENCEMENT OF REVIEW.—If the approval studies to validate the surrogate tives of patient interests, of which 1 shall be Secretary determines, after preliminary endpoint or biomarker or otherwise confirm a permanent member of the Committee. The evaluation of the data and information sub- the effect on the clinical endpoint. Committee shall include as nonvoting mem- mitted by the sponsor, that the product may ‘‘(B) RULE OF CONSTRUCTION.—Nothing in bers a representative of interests of the drug, be effective, the Secretary shall evaluate for this subsection shall be construed to permit biological product, and device industry. filing, and may commence review of portions

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of, an application for Tier I or Tier II ap- ‘‘(h) DEVELOPMENT OF SURROGATE employees who are intended to actively par- proval before the sponsor submits a complete ENDPOINTS AND BIOMARKERS.—The Secretary ticipate in the discussion shall attend a application. The Secretary shall commence shall— meeting. Minutes of a meeting shall be such review only if the applicant provides a ‘‘(1) establish a program to encourage the promptly prepared and exchanged by both schedule for submission of information nec- development of surrogate endpoints and bio- parties immediately following the meeting essary to make the application complete. markers that are reasonably likely to pre- and shall accurately summarize what oc- ‘‘(i) INAPPLICABILITY OF PROVISIONS.—The dict clinical benefit for serious or life-threat- curred at the meeting following provisions shall not apply to Tier I ening conditions for which there exist sig- ‘‘(c) RULE OF CONSTRUCTION.—The provi- or Tier II applications and approvals: nificant unmet medical needs; sions of chapter V and section 351 of the Pub- ‘‘(1) Chapter VII, subchapter C, parts 2 and ‘‘(2) request the Institute of Medicine to lic Health Service Act shall be construed to 3 relating to fees for drugs, biological prod- undertake a study to identify validated sur- incorporate the policy established in this ucts, and devices. rogate endpoints and biomarkers, and rec- section.’’. ‘‘(2) The provisions of the Drug Price Com- ommend research to validate surrogate SEC. 7. MEMBERSHIP OF ONCOLOGY DRUGS AD- petition and Patent Term Restoration Act of endpoints and biomarkers, that may support VISORY COMMITTEE. 1984 that authorize approval of abbreviated approvals for products intended for the Membership of the Oncology Drugs Advi- new drug applications and applications sub- treatment of serious or life-threatening con- sory Committee of the Food and Drug Ad- mitted under section 505(b)(2). Market exclu- ditions or diseases; and ministration shall consist of no less than 2 sivity and patent term restoration of Tier I ‘‘(3) make widely available to the public a patient representatives who are voting mem- and Tier II approved drugs, biological prod- list of drugs, biological products, and devices bers of the committee. ucts, and devices shall be determined solely that are being investigated for serious or By Mr. KERRY (for himself, Mr. at the time of Tier III approval without re- life-threatening conditions or diseases and OBAMA, Mr. LEVIN, Ms. that have not yet received Tier I or Tier II gard to prior Tier I or Tier II approval. Prior STABENOW, Mr. KENNEDY, Mr. to Tier III approval, the Secretary shall not approval for marketing.’’. ORZINE MITH (b) CONFORMING AMENDMENT.—Section C , and Mr. S ): approve any application submitted under S. 1959. A bill to direct the Architect section 505(b)(2) or section 505(j) that ref- 561(c) of the Federal Food, Drug, and Cos- erences a drug approved under subsections metic Act is amended by striking the head- of the Capitol to obtain a statue of (b) or (c) of this section.’’. ing and inserting ‘‘EXPANDED ACCESS TO IN- Rosa Parks and to place the statue in VESTIGATIONAL DRUGS AND DEVICES FOR SERI- SEC. 4. ETHICS IN HUMAN TESTING. the United States Capitol in National OUSLY ILL PATIENTS’’. Statuary Hall; to the Committee on Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amend- SEC. 6. MODERNIZATION OF THE FOOD AND Rules and Administration. DRUG ADMINISTRATION. ed by adding at the end of section 505(i) the Mr. KERRY. Mr. President, our Na- Subchapter E of chapter V of the Federal following: tion is mourning the recent loss of an Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(5) Notwithstanding any other provision icon in this country’s civil rights 360bbb et seq.) is amended by adding at the of law, the Secretary shall prohibit placebo- end the following: movement and a true national hero, only or no-treatment-only concurrent con- Ms. Rosa Parks. Today, along with ‘‘SEC. 565. POLICIES RELATED TO STUDY EVALUA- trols in any clinical investigation conducted Senators OBAMA, LEVIN, STABENOW, under this chapter or, in the use of the last- TION INFORMATION. KENNEDY, CORZINE and SMITH, I am in- observation-carried-forward convention, in ‘‘(a) IN GENERAL.— any clinical investigation conducted under ‘‘(1) NONSTATISTICAL MEASURES.—The Sec- troducing legislation to honor the this chapter or section 351 of the Public retary shall give equal weight to clinical memory of Rosa Parks by placing her Health Service Act with respect to any life- judgment and statistical analysis in the statue in the United States Capitol. threatening condition or disease where rea- evaluation of the safety and effectiveness of This will help future generations un- sonably effective approved alternative thera- drugs, biological products, and devices, and derstand her efforts to increase equal- pies exist for the specific indication.’’. shall not disapprove a product application solely on the basis of a statistical analysis or ity in the United States. SEC. 5. EXPANDED ACCESS TO INVESTIGATIONAL the rigid use of the 95 percent confidence When I met Rosa Parks, I was over- DRUGS AND DEVICES. level convention. This policy shall apply— whelmed by this graceful, small wom- (a) IN GENERAL.—Chapter V of the Federal ‘‘(A) in evaluating clinical study designs an’s quiet strength and humility—her Food, Drug, and Cosmetic Act (21 U.S.C. 351 and endpoints; and conviction in taking on the army of et seq.) is amended by adding at the end of ‘‘(B) in making decisions with respect to power that was deployed before her— section 561 the following: product applications. her courage to dig in, knowing full well ‘‘(f) EXPANDED ACCESS PROGRAM.—The ‘‘(2) TYPES OF NONSTATISTICAL MEASURES.— the power of the courthouse, the power Food and Drug Administration shall estab- The policy established under paragraph (1), of the sheriff’s badge, the power of the lish a new program to expand access to in- for the purposes described in such para- vestigational treatments for individuals graph— vigilante, the power of the establish- with serious or life threatening conditions ‘‘(A) shall include but not be limited to ment—knowing that on dark country and diseases. In carrying out this expanded such nonstatistical information as— roads or after a knock on the door in access program, the Secretary shall publish ‘‘(i) clinical evaluation information, such the middle of the night, people still and broadly disseminate written guidance as case history reports; disappeared and died almost anony- that— ‘‘(ii) scientific and clinical studies designed mous deaths. So many were killed just ‘‘(1) describes such expanded access pro- to measure or define mechanisms of action trying to be citizens in the land of the grams for investigational drugs, biological or molecular targeting; products, and devices intended to treat seri- free. ‘‘(iii) data from animal and computer mod- Rosa Parks reminded many and ous or life-threatening conditions or dis- els; and eases; ‘‘(iv) comparison with historical data; and taught even more how to speak the ‘‘(2) encourages and facilitates submission ‘‘(B) shall incorporate the use of— truth to power. In an era when these of Tier I and Tier II applications and approv- ‘‘(i) evaluations of the adverse effect of de- words are thrown around too easily, als; and laying the availability of an investigational she lived the words ‘courage’ and ‘pa- ‘‘(3) facilitates the provision of investiga- drug to even a small subpopulation of seri- triot’—she loved the dream of our tional drugs and devices to seriously ill indi- ously ill patients; and country more than herself, and she was viduals without unreasonable delay by recog- ‘‘(ii) scientific, observational, or clinical willing to risk it all to live the dream. nizing that the use of available investiga- studies designed and conducted to collect In the struggle for civil rights, some tional products for treatment is the respon- well-documented information. were called to stand up to Bull Con- sibility of the physician and the patient. ‘‘(b) MEETINGS.—A meeting to address any ‘‘(g) IMPLEMENTATION OF EXPANDED ACCESS pending scientific, medical, regulatory, or nor’s fire hoses and police dogs—some PROGRAMS.— other issue relating to the development, in- to stand up to Klan terrorism—and ‘‘(1) TRAINING OF PERSONNEL.—Not later vestigation, review, or other aspect of a some to stand up to state sponsored than 90 days after the date of enactment of drug, biological product, or device shall ordi- acts of violence. But some were called this subsection, the Secretary shall imple- narily be held within 15 days of the receipt of simply to sit down—at lunch counters ment training programs at the Food and a written request for the meeting by the in Greensboro and Nashville and At- Drug Administration with respect to the ex- sponsor of the product, which may be ex- lanta—or on a bus in Montgomery. panded access programs established under tended to 30 days for good cause. Such meet- Ms. Parks’ dedication to civil rights this section. ings shall ordinarily be conducted in person, ‘‘(2) POLICIES, REGULATIONS, AND GUID- but may be conducted by telephone or other has had an impact on the lives of all ANCE.—The Secretary shall establish poli- form of communication if both parties agree. Americans. Her act of courage on De- cies, regulations, and guidance designed to In order to reduce the burden of meetings, cember 1, 1955 inspired a movement most directly benefit seriously ill patients. only those Food and Drug Administration that eventually brought about laws to

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.109 S03NOPT1 S12358 CONGRESSIONAL RECORD — SENATE November 3, 2005 end segregation, ensure voting rights, Architect shall place the statue obtained zens to sacrifice two meals on that day end discrimination in housing, and cre- under subsection (a) in the United States and donate the money they would have ate a greater equality throughout this Capitol in a suitable permanent location in spent on food to a religious or chari- Nation. Thanks to Rosa Parks, a path National Statuary Hall. table organization of their choice for was forged for future generations to en- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. the purpose of feeding the hungry. courage freedom and social justice. Her There are authorized to be appropriated such sums as may be necessary to carry out f legacy of courage and commitment this Act, and any amounts so appropriated SENATE RESOLUTION 299—TO EX- plays an important role each time our shall remain available until expended. Nation acts for equality and justice, PRESS SUPPORT FOR THE f and most of all, in the hope for a better GOALS OF NATIONAL ADOPTION America. SUBMITTED RESOLUTIONS MONTH BY PROMOTING NA- If just one woman was able to do all TIONAL AWARENESS OF ADOP- this, then how much greater the re- TION, CELEBRATING CHILDREN sponsibility is for those of us with SENATE RESOLUTION 298—DESIG- AND FAMILIES INVOLVED IN privilege and power who pay tribute to NATING THURSDAY, NOVEMBER ADOPTION, AND ENCOURAGING her today. The life of Rosa Parks de- 17, 2005, AS ‘‘FEED AMERICA AMERICANS TO SECURE SAFETY, mands deeds, not epitaphs. Our final THURSDAY’’ PERMANENCY, AND WELL-BEING words cannot be spoken or written Mr. HATCH (for himself and Mr. BEN- FOR ALL CHILDREN while her cause is still unfinished. No NETT) submitted the following resolu- Ms. LANDRIEU (for herself, Mr. simple words can match what she did tion; which was referred to the Com- DEMINT, Mrs. CLINTON, Mr. in that sacred moment on a municipal mittee on the Judiciary: NELSON of Nebraska, Mr. bus in Montgomery, Alabama. What S. RES. 298 BROWNBACK, Mr. CRAIG, Mr. matters now is what we do after the Whereas Thanksgiving Day celebrates the KERRY, Mr. COLEMAN, and Mr. candles are quenched, the speeches spirit of selfless giving and an appreciation SALAZAR) submitted the fol- have been exhausted, and the next bus for family and friends; lowing resolution; which was comes by. Whereas the spirit of Thanksgiving Day is considered and agreed to: I am grateful for the opportunity to a virtue upon which our Nation was founded; S. RES. 299 join my colleagues in this body, as well Whereas 33,000,000 Americans, including as those in the House of Representa- 13,000,000 children, continue to live in house- Whereas there are approximately 532,000 children in the foster care system in the tives, to honor the legacy of this grace- holds that do not have an adequate supply of food; United States, approximately 129,000 of ful, humble, and courageous woman whom are waiting to be adopted; who embodies the American spirit. If Whereas almost 3,000,000 of those children experience hunger; and Whereas the average length of time a child this legislation is adopted, when our Whereas selfless sacrifice breeds a genuine in foster care remains in foster care is al- children and our grandchildren visit spirit of Thanksgiving, both affirming and most 3 years; the United States Capitol, they will restoring fundamental principles in our soci- Whereas for many foster children, the wait have the opportunity to learn more ety: Now, therefore, be it for a loving family in which they are nur- about the women who risked so much Resolved, That the Senate— tured, comforted, and protected is endless; Whereas every year 25,000 children ‘‘age for their freedom. Ms. Parks belongs (1) designates Thursday, November 17, 2005, as ‘‘Feed America Thursday’’; and out’’ of foster care by reaching adulthood among the other great leaders that without being placed in a permanent home; have shaped this country and made the (2) requests that the President issue a proclamation calling on the people of the Whereas, since 1987, the number of annual world a better place. United States to sacrifice 2 meals on Thurs- adoptions has ranged from 118,000 to 127,000; Sometimes the days seem heavy and day, November 17, 2005, and to donate the Whereas approximately 2,100,000 children the odds seem high, but that moment money that they would have spent on food to in the United States live with adoptive par- on a bus in Montgomery always comes. a religious or charitable organization of ents; Someone gets on that bus, refuses to their choice for the purpose of feeding the Whereas approximately 6 of every 10 Amer- equivocate or yield and changes his- hungry. icans have been touched personally by adop- tion in that they, a family member, or a tory. Today, that someone must be us, Mr. HATCH. Mr. President, I rise close friend was adopted, has adopted a child, for Rosa Parks and for our country. today to offer S. Res. 298, designating or has placed a child for adoption; The bus still comes by again and Thursday, November 17, 2005, as Feed Whereas every day loving and nurturing again and each time we have to decide America Thursday. I appreciate my families are formed when committed and whether to go quietly to the back, or friend, Senator ROBERT BENNETT, join- dedicated individuals make an important dif- by simple acts of courage and convic- ing with me in this resolution. ference in the life of a child through adop- tion, change the direction of our own On Thanksgiving Day, we remember tion; and Whereas on November 4, 2004, the President country’s journey. A statue of Rosa with deep gratitude the many bounties Parks in the Capitol can help future proclaimed November 2004 as National Adop- of life, including an appreciation for tion Month: Now, therefore, be it Senators and Congressmen find the families and friends and the great Resolved, That the Senate recognizes No- courage necessary to make sure our country in which we live. Part of what vember 2005 as National Adoption Month. Nation takes the right course in the fu- makes this country great is the spirit f ture. of selfless giving and generosity of its I ask unanimous consent that the citizens. The great outpouring of sup- SENATE RESOLUTION 300—REL- text of the bill be printed in the port and assistance for the victims of ATIVE TO THE DEATH OF HENRY RECORD. Hurricane Katrina is a most recent ex- KU‘UALOHA GIUGNI, FORMER There being no objection, the bill was ample. SERGEANT-AT-ARMS OF THE ordered to be printed in the RECORD, as In this season of Thanksgiving, it is UNITED STATES SENATE follows: important to also remember that over Mr. INOUYE (for himself, Mr. AKAKA, S. 1959 33 million Americans, including 13 mil- Mr. BYRD, Mr. FRIST, Mr. REID, Mr. AL- Be it enacted by the Senate and House of Rep- lion children, continue to live in house- EXANDER, Mr. ALLARD, Mr. ALLEN, Mr. resentatives of the United States of America in holds that do not have an adequate BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. Congress assembled, supply of food. These fellow citizens in BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. SECTION 1. PLACEMENT OF STATUE OF ROSA PARKS IN NATIONAL STATUARY need of food must not be forgotten. BOXER, Mr. BROWNBACK, Mr. BUNNING, HALL. On behalf of the Utah congressional Mr. BURNS, Mr. BURR, Ms. CANTWELL, (a) OBTAINING STATUE.—The Architect of delegation, Congressman CHRIS CANNON Mr. CARPER, Mr. CHAFEE, Mr. the Capitol shall enter into an agreement to has submitted a companion resolution CHAMBLISS, Mrs. CLINTON, Mr. COBURN, obtain a statue of Rosa Parks, under such in the House of Representatives. We Mr. COCHRAN, Mr. COLEMAN, Ms. COL- terms and conditions as the Architect con- urge our distinguished colleagues to LINS, Mr. CONRAD, Mr. CORNYN, Mr. siders appropriate and consistent with appli- cable law. join us in designating Thursday, No- CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. (b) PLACEMENT.—Not later than 2 years vember 17, 2005, as Feed America DAYTON, Mr. DEMINT, Mr. DEWINE, Mr. after the date of enactment of this Act, the Thursday, to encourage our fellow citi- DODD, Mrs. DOLE, Mr. DOMENICI, Mr.

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.088 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12359 DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. AMENDMENTS SUBMITTED & Mr. ISAKSON, Mr. NELSON of Nebraska, Mr. ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, PROPOSED THUNE, Mr. KERRY, and Mr. CHAMBLISS)) pro- Mr. GRAHAM, Mr. GRASSLEY, Mr. posed an amendment to the bill S. 1932, SA 2402. Ms. SNOWE (for herself, Ms. COL- supra. GREGG, Mr. HAGEL, Mr. HARKIN, Mr. LINS, Mr. ROCKEFELLER, and Mr. DURBIN) sub- SA 2419. Mr. SANTORUM (for himself, Mr. HATCH, Mrs. HUTCHISON, Mr. INHOFE, mitted an amendment intended to be pro- BUNNING, Mr. THOMAS, Mr. VOINOVICH, Mr. Mr. ISAKSON, Mr. JEFFORDS, Mr. JOHN- posed by her to the bill S. 1932, to provide for LIEBERMAN, Mr. DODD, Mr. ROCKEFELLER, Ms. SON, Mr. KENNEDY, Mr. KERRY, Mr. reconciliation pursuant to section 202(a) of LANDRIEU, and Mr. CONRAD) proposed an KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- the concurrent resolution on the budget for amendment to the bill S. 1932, supra. fiscal year 2006 (H. Con. Res. 95); which was TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. SA 2420. Mr. GREGG (for Mr. SUNUNU) pro- ordered to lie on the table. LIEBERMAN, Mrs. LINCOLN, Mr. LOTT, posed an amendment to the bill S. 1932, SA 2403. Mr. COBURN submitted an supra. Mr. LUGAR, Mr. MARTINEZ, Mr. MCCAIN, amendment intended to be proposed by him SA 2421. Mr. BURNS (for himself and Mr. Mr. MCCONNELL, Ms. MIKULSKI, Ms. to the bill S. 1932, supra; which was ordered BROWNBACK) submitted an amendment in- MURKOWSKI, Mrs. MURRAY, Mr. NELSON to lie on the table. tended to be proposed by him to the bill S. OF FLORIDA, Mr. NELSON OF NEBRASKA, SA 2404. Mr. ENSIGN (for himself, Mr. 1932, supra; which was ordered to lie on the Mr. OBAMA, Mr. PRYOR, Mr. REED, Mr. SANTORUM, and Mr. KYL) proposed an amend- table. ment to amendment SA 2352 proposed by Mr. ROBERTS, Mr. ROCKEFELLER, Mr. SA 2422. Mr. CONRAD (for himself and Mr. ENZI (for himself, Mr. KENNEDY, Mr. ALEX- SALAZAR, Mr. SANTORUM, Mr. SAR- SALAZAR) proposed an amendment to the bill ANDER, Mr. DODD, Ms. LANDRIEU, Mr. COCH- S. 1932, supra. BANES, Mr. SCHUMER, Mr. SESSIONS, Mr. RAN, Mr. LOTT, and Mrs. HUTCHISON) to the SHELBY, Mr. SMITH, Ms. SNOWE, Mr. bill S. 1932, supra. f SPECTER, Ms. STABENOW, Mr. STEVENS, SA 2405. Mrs. CLINTON (for herself, Ms. TEXT OF AMENDMENTS Mr. SUNUNU, Mr. TALENT, Mr. THOMAS, MIKULSKI, Mr. HARKIN, Mr. LAUTENBERG, Mr. SA 2402. Ms. SNOWE (for herself, Ms. Mr. THUNE, Mr. VITTER, Mr. VOINOVICH, JEFFORDS, Mr. REED, Mr. SALAZAR, Mr. OBAMA, Mrs. BOXER, Ms. STABENOW, Mr. COLLINS, Mr. ROCKEFELLER, and Mr. Mr. WARNER, and Mr. WYDEN) sub- CORZINE, Mr. SCHUMER, Mr. DURBIN, Mrs. DURBIN) submitted an amendment in- mitted the following resolution; which FEINSTEIN, Mr. FEINGOLD, Mr. CARPER, Mr. tended to be proposed by her to the bill was considered and agreed to: JOHNSON, and Mr. LEAHY) submitted an S. 1932, to provide for reconciliation S. RES. 300 amendment intended to be proposed by her pursuant to section 202(a) of the con- to the bill S. 1932, supra; which was ordered Whereas Henry Ku‘ualoha Giugni was born current resolution on the budget for to lie on the table. on January 11, 1925, in Honolulu, Hawai‘i; SA 2406. Mr. DURBIN (for himself, Mr. fiscal year 2006 (H. Con. Res. 95); which Whereas Henry Giugni served with distinc- DORGAN, Mr. LAUTENBERG, and Mr. JOHNSON) was ordered to lie on the table; as fol- tion in the United States Army, after enlist- submitted an amendment intended to be pro- lows: ing at the age of 16 after the attacks on posed by him to the bill S. 1932, supra; which On page 368, between lines 5 and 6, insert Pearl Harbor, and served in combat at the was ordered to lie on the table. the following: Battle of Guadalcanal during World War II; SA 2407. Mr. LEVIN submitted an amend- SEC. 6116. CLARIFICATION OF CONGRESSIONAL Whereas Henry Giugni began his service in ment intended to be proposed by him to the INTENT REGARDING THE COUNTING the Senate in 1963 as Senior Executive As- bill S. 1932, supra; which was ordered to lie OF RESIDENTS IN A NONHOSPITAL sistant and Chief of Staff to Senator Daniel on the table. SETTING. K. Inouye; SA 2408. Mr. CORNYN submitted an (a) D–GME.—Section 1886(h)(4)(E) (42 Whereas Henry Giugni served as Sergeant- amendment intended to be proposed by him U.S.C. 1395ww(h)(4)(E)) is amended by adding at-Arms from 1987 until 1990; to the bill S. 1932, supra. at the end the following new sentences: ‘‘For Whereas Henry Giugni was the first person SA 2409. Mr. REED (for himself, Mr. BAU- purposes of the preceding sentence, the term of color and first Polynesian to be appointed CUS, Mrs. MURRAY, Mr. KENNEDY, Mr. BINGA- ‘all, or substantially all, of the costs for the to be the Sergeant-at-Arms; MAN, Mr. CORZINE, Mrs. CLINTON, and Mr. training program’ means the stipends and Whereas Henry Giugni promoted minori- OBAMA) submitted an amendment intended benefits provided to the resident and other ties and women by appointing the first mi- to be proposed by him to the bill S. 1932, amounts, if any, as determined by the hos- nority, an African American, to lead the Ser- supra. pital and the entity operating the nonhos- SA 2410. Mr. BAUCUS (for himself, Mr. geant-at-Arms’ Service Department, and was pital setting. The hospital is not required to OBAMA, Ms. MIKULSKI, Mrs. MURRAY, Ms. the first to assign women to the Capitol Po- pay the entity any amounts other than those STABENOW, Mr. FEINGOLD, Mr. REED, and Mr. lice plainclothes unit; determined by the hospital and the entity in SCHUMER) submitted an amendment intended Whereas Henry Giugni’s special interest in order for the hospital to be considered to to be proposed by him to the bill S. 1932, have incurred all, or substantially all, of the people with disabilities resulted in a major supra; which was ordered to lie on the table. expansion of the Special Services Office, costs for the training program in that set- SA 2411. Mrs. FEINSTEIN (for herself, Mrs. ting.’’. which now conducts tours of the U.S. Capitol HUTCHISON, Mrs. BOXER, Mrs. MURRAY, Mr. for the blind, deaf, and wheelchair-bound, (b) IME.—Section 1886(d)(5)(B)(iv) (42 LAUTENBERG, Mr. SCHUMER, Mr. CORZINE, Ms. U.S.C. 1395ww(d)(5)(B)(iv)) is amended by and publishes Senate maps and documents in CANTWELL, and Ms. MIKULSKI) proposed an Braille; adding at the end the following new sen- amendment to the bill S. 1932, supra. tences: ‘‘For purposes of the preceding sen- Whereas in 2003, Henry Giugni received an SA 2412. Mr. VITTER (for Mr. STEVENS (for tence, the term ‘all, or substantially all, of Honorary Doctorate of Humane Letters from himself, Mr. VITTER, Ms. LANDRIEU, Mr. the costs for the training program’ means the University of Hawaii at Hilo in recogni- DOMENICI, Mr. CRAIG, Mr. LOTT, Mr. INOUYE, the stipends and benefits provided to the tion of his extraordinary contributions to and Mr. BINGAMAN)) proposed an amendment resident and other amounts, if any, as deter- Hawaii and the nation; to the bill S. 1932, supra. mined by the hospital and the entity oper- Whereas Henry Giugni carried Hawai’i’s SA 2413. Mr. WARNER (for himself, Mr. ating the nonhospital setting. The hospital flag while marching with Dr. Martin Luther LIEBERMAN, Mr. ROBERTS, Mr. DURBIN, Mr. is not required to pay the entity any King for civil rights in Selma, Alabama; ALLEN, and Mr. OBAMA) proposed an amend- amounts other than those determined by the Whereas Henry Giugni presided over the ment to the bill S. 1932, supra. SA 2414. Mr. BYRD (for himself and Mr. hospital and the entity in order for the hos- inauguration of President George H.W. Bush, pital to be considered to have incurred all, or HARKIN) proposed an amendment to the bill and escorted numerous foreign dignitaries, substantially all, of the costs for the train- including Nelson Mandela, Margaret Thatch- S. 1932, supra. SA 2415. Mr. DURBIN (for himself, Mr. ing program in that setting.’’. er, and Vaclav Havel when they visited the (c) EFFECTIVE DATE.—The amendments United States Capitol; and DORGAN, Mr. LAUTENBERG, Mr. JOHNSON, and Mr. LIEBERMAN) submitted an amendment made by this section shall take effect on Whereas on November 3, 2005, Henry Giugni intended to be proposed by him to the bill S. January 1, 2005. passed away at the age of 80; Now therefore 1932, supra; which was ordered to lie on the be it table. SA 2403. Mr. COBURN submitted an Resolved, That the Senate has heard with SA 2416. Mr. SUNUNU (for himself and Mr. amendment intended to be proposed by profound sorrow and deep regret the an- SANTORUM) submitted an amendment in- him to the bill S. 1932, to provide for nouncement of the death of Henry Giugni. tended to be proposed by him to the bill S. reconciliation pursuant to section Resolved, That the Secretary of the Senate 1932, supra; which was ordered to lie on the 202(a) of the concurrent resolution on communicate these resolutions to the House table. the budget for fiscal year 2006 (H. Con. of Representatives and transmit an enrolled SA 2417. Mr. GREGG (for Mr. LEVIN) pro- copy thereof to the family of the deceased. posed an amendment to the bill S. 1932, Res. 95); which was ordered to lie on Resolved, That when the Senate adjourns supra. the table; as follows: today, it stand adjourned as a further mark SA 2418. Mr. GREGG (for Mr. SUNUNU (for On page 130, after line 25, insert the fol- of respect to the memory of Henry Giugni. himself, Mr. DURBIN, Mr. CRAIG, Mr. PRYOR, lowing:

VerDate Aug 31 2005 04:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.117 S03NOPT1 S12360 CONGRESSIONAL RECORD — SENATE November 3, 2005 SEC. 6005. IMPROVED REGULATION OF DRUGS (3) 372,000 students were displaced by Hur- schools in restoring operations disrupted by SOLD UNDER A NEW DRUG APPLICA- ricane Katrina. Approximately 700 schools Hurricane Katrina. TION APPROVED UNDER SECTION have been damaged or destroyed. Nine States (b) GRANTS AUTHORIZED.—From amounts 505C OF THE FEDERAL FOOD, DRUG, each have more than 1,000 of such displaced appropriated to carry out this section, the AND COSMETIC ACT. Secretary of Education is authorized to Section 1927 (42 U.S.C. 1396r–8) is amend- students enrolled in their schools. In Texas make competitive grants— ed— alone, over 45,000 displaced students have en- (1) to institutions of higher education (as (1) in subsection (c)(1)(C), by adding at the rolled in schools. defined in section 101 of the Higher Edu- end the following: (4) In response to these extraordinary con- cation Act of 1965 (20 U.S.C. 1001)), in Lou- ‘‘(iv) Notwithstanding any other provision ditions, this subtitle creates a one-time only isiana, Mississippi, and Alabama, that serve of this section, in the case of a manufacturer emergency grant for the 2005–2006 school an area in which a major disaster has been that approves, allows, or otherwise permits year tailored to the needs and particular cir- declared in accordance with section 401 of any other drug of the manufacturer to be cumstances of students displaced by Hurri- the Robert T. Stafford Disaster Relief and sold under a new drug application approved cane Katrina. Emergency Assistance Act (42 U.S.C. 5170), under section 505(c) of the Federal Food, SEC. 7953. WAIVERS AND OTHER ACTIONS. related to Hurricane Katrina; and Drug, and Cosmetic Act that has, as of Janu- (a) IN GENERAL.—If the Secretary of Edu- (2) to State educational agencies (as de- ary 1, 2006, been marketed for at least 6 cation determines that it is necessary, in fined in section 9101 of the Elementary and months and where the product of the average order to provide assistance as efficiently and Secondary Education Act of 1965 (20 U.S.C. manufacturer price of the manufacturer’s expeditiously as possible to students, local 7801 et seq.)) in Louisiana, Mississippi, and authorized drugs and the total units of such educational agencies, institutions of higher Alabama to enable those agencies to award authorized drugs, if any, during the second education, States, or other individuals or en- subgrants, pursuant to subsection (d), to quarter of 2005 for which a rebate was paid tities affected directly or indirectly by Hur- local educational agencies serving an area in under any State plan approved under this ricane Katrina, the Secretary may waive or which a major disaster has been declared in title (and which was reported as required modify, on a case-by-case basis, any require- accordance with section 401 of the Robert T. under subsection (b)(2)(A)), does not exceed ment of Federal law or regulation that the Stafford Disaster Relief and Emergency As- $10,000,000, the term ‘best price’ shall not in- Secretary administers or enforces (other sistance Act (42 U.S.C. 5170), related to Hur- clude any price for such authorized drug than a law or regulation of Government-wide available for the innovator multiple source applicability or regarding civil rights or ricane Katrina. (c) AMOUNT OF GRANTS.—In determining drug of such manufacturer.’’; and safety). The waivers or modifications that the Secretary of Education may issue in- the amount of a grant under this section, the (2) in subsection (k)(1)(C), as amended by Secretary of Education shall take into con- section 6003(b)(2)(A), by adding at the end the clude extending program reporting deadlines or allowing States, local educational agen- sideration— following: (1) the number of schools and institutions ‘‘(G) Notwithstanding subparagraph (C) or cies, and institutions of higher education to of higher education in the State affected by any other provision of this section, in the use funds more broadly to help displaced stu- Hurricane Katrina; case of a manufacturer that approves, al- dents. (b) EFFECTIVE PERIOD.—No waiver or modi- (2) the number of students in the State af- lows, or otherwise permits any other drug of fication issued pursuant to subsection (a) fected by Hurricane Katrina; the manufacturer to be sold under a new shall be in effect after September 30, 2006. (3) the severity of the damage inflicted drug application approved under section (c) REPORT ON WAIVERS.— upon the affected schools and affected insti- 505(c) of the Federal Food, Drug, and Cos- (1) INITIAL REPORT.—Not later than 1 tutions; and metic Act that has, as of January 1, 2006, month after the date of enactment of this (4) the estimated length of time to restore been marketed for at least 6 months and Act, the Secretary of Education shall pre- operations at the affected schools and af- where the product of the average manufac- pare and submit a report on the States and fected institutions. turer price of the manufacturer’s authorized local educational agencies requesting a waiv- (d) SUBGRANTS.— drugs and the total units of such authorized er of any provision under the Elementary (1) APPLICATIONS.—Each local educational drugs, if any, during the second quarter of and Secondary Education Act of 1965 (20 agency desiring a subgrant under this sec- 2005 for which a rebate was paid under any U.S.C. 6301 et seq.) and the Individuals with tion shall submit an application to the State State plan approved under this title (and Disabilities Education Act (20 U.S.C. 1400 et educational agency at such time, in such which was reported as required under sub- seq.) due to the impact of Hurricane Katrina manner, and accompanied by such informa- section (b)(2)(A)), does not exceed $10,000,000, to the Committee on Education and the tion as the State educational agency may the term ‘average manufacturer price’ shall Workforce and the Committee on Appropria- reasonably require to ensure expedited and not include any price paid for such author- tions of the House of Representatives and timely payment to the local educational ized drug by wholesalers for drugs distrib- the Committee on Health, Education, Labor, agency. uted to the retail pharmacy class of trade for and Pensions and the Committee on Appro- (2) ELIGIBILITY AND CONSIDERATION.—In de- the innovator multiple source drugs of such priations of the Senate. termining whether to award a subgrant manufacturer.’’. (2) FOLLOW-UP REPORT.—Not later than 3 under this section, or the amount of the SA 2404. Mr. ENSIGN (for himself, months after September 30, 2006, the Sec- subgrant, the State educational agency shall retary of Education shall prepare and submit consider the following: Mr. SANTORUM, and Mr. KYL) proposed a report describing the waivers that were (A) The number of school-aged children an amendment to amendment SA 2352 granted under this subtitle, and the impact served by the local educational agency in the proposed by Mr. ENZI (for himself, Mr. of such waivers, to the Committee on Edu- academic year preceding the academic year KENNEDY, Mr. ALEXANDER, Mr. DODD, cation and the Workforce and the Committee for which the grant is awarded. Ms. LANDRIEU, Mr. COCHRAN, Mr. LOTT, on Appropriations of the House of Represent- (B) The severity of the impact of Hurricane and Mrs. HUTCHISON) to the bill S. 1932, atives and the Committee on Health, Edu- Katrina on the local educational agency and to provide for reconciliation pursuant cation, Labor, and Pensions and the Com- the extent of the needs in each local edu- to section 202(a) of the concurrent reso- mittee on Appropriations of the Senate. cational agency in the State that is in an lution on the budget for fiscal year 2006 SEC. 7954. IMMEDIATE AID TO RESTART SCHOOL area in which a major disaster has been de- (H. Con. Res. 95); as follows: OPERATIONS. clared in accordance with section 401 of the (a) PURPOSE.—It is the purpose of this sec- Robert T. Stafford Disaster Relief and Emer- Strike all after the first word of the tion— gency Assistance Act (42 U.S.C. 5170), related amendment and insert the following: (1) to provide immediate and direct assist- to Hurricane Katrina. D—Hurricane Katrina Education Relief ance to institutions of higher education and (e) USES OF FUNDS.— SEC. 7951. SHORT TITLE. local educational agencies in Louisiana, Mis- (1) IN GENERAL.—An institution of higher This subtitle may be cited as the ‘‘Hurri- sissippi, and Alabama that serve an area in education receiving a grant, or a local edu- cane Katrina Education Relief Act’’. which a major disaster has been declared in cational agency receiving a subgrant, under SEC. 7952. FINDINGS. accordance with section 401 of the Robert T. this section shall use the subgrant funds Congress finds the following: Stafford Disaster Relief and Emergency As- for— (1) Hurricane Katrina has had a dev- sistance Act (42 U.S.C. 5170), related to Hur- (A) recovery of student and personnel data, astating and unprecedented impact on stu- ricane Katrina; and other electronic information; dents who attended schools in the disaster (2) to assist administrators and personnel (B) replacement of information systems, areas. of such institutions and agencies who are including hardware and software; (2) Due to the devastating effects of Hurri- working to restart operations; (C) financial operations; cane Katrina, a significant number of stu- (3) to facilitate the reopening of, and the (D) reasonable transportation costs for stu- dents have enrolled in schools outside of the re-enrollment of students in, institutions of dents; area in which they resided on August 22, 2005, higher education and elementary schools and (E) rental of mobile educational units and including a significant number of students secondary schools served by local edu- leasing of neutral sites or spaces; who enrolled in nonpublic schools because cational agencies; and (F) initial replacement of instructional their parents chose to enroll them in such (4) to assist institutions of higher edu- materials and equipment, including text- schools. cation, elementary schools, and secondary books;

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.119 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12361 (G) redeveloping instructional plans, in- SEC. 7956. TEACHER AND PARAPROFESSIONAL (42 U.S.C. 11432(c), (d)(2), and (e)(1), 11433(b) cluding curriculum development; RECIPROCITY; DELAY. and (c)) shall not apply. (H) initiating and maintaining education (a) TEACHER AND PARAPROFESSIONAL RECI- (2) DISBURSEMENT.—The Secretary of Edu- and support services; or PROCITY.— cation shall disburse funds under subsection (I) such other activities related to the pur- (1) TEACHERS.— (a) to State educational agencies based on pose of this section that are approved by the (A) AFFECTED TEACHER.—In this sub- demonstrated need, as determined by the Secretary of Education. section, the term ‘‘affected teacher’’ means a Secretary, and those State educational agen- (2) USE WITH OTHER AVAILABLE FUNDS.—An teacher who is displaced due to Hurricane cies shall distribute funds available under institution of higher education receiving a Katrina and relocates to a State that is dif- subsection (c) to local educational agencies grant, or a local educational agency receiv- ferent from the State in which such teacher based on demonstrated need, for the purposes ing a subgrant, under this section may use resided on August 22, 2005. of carrying out section 723 of the McKinney- such funds in coordination with other Fed- (B) IN GENERAL.—A local educational agen- Vento Homeless Assistance Act (42 U.S.C. eral, State, or local funds available for the cy may consider an affected teacher hired by 11433). activities described in paragraph (1). that agency who is not highly qualified in (3) AUTHORIZATION OF APPROPRIATIONS.— (3) PROHIBITIONS.—Grant funds or subgrant the State in which the agency is located to There is authorized to be appropriated, and funds received under this section shall not be be highly qualified, for purposes of section there is appropriated, out of any money in used for either of the following: 1119 of the Elementary and Secondary Edu- the Treasury not otherwise appropriated, to (A) Construction or major renovation of cation Act of 1965 (20 U.S.C. 6319) and section carry out this section $10,000,000. 612(a)(14) of the Individuals with Disabilities schools or institutions of higher education. SEC. 7958. GENERAL PROVISION. (B) Payments to administrators, faculty, Education Act (20 U.S.C. 1412(a)(14)), through or teachers who are not actively engaged the last day of the 2005–2006 school year if Nothing in sections 7951 through 7957 of in— such teacher was highly qualified, consistent this subtitle shall be construed to permit (i) restarting or re-opening schools or in- with section 9101(23) of the Elementary and discrimination on the basis of race, color, re- stitutions of higher education; or Secondary Education Act of 1965 (20 U.S.C. ligion, sex (except as otherwise permitted (ii) restoring operations of schools or insti- 7801(23)) and section 602(10) of the Individuals under title IX of the Education Amendments tutions of higher education. with Disabilities Education Act (20 U.S.C. of 1972 (20 U.S.C. 1681 et seq.)), national ori- 1401(10)), on or before August 22, 2005, in the gin, or disability in any program funded (f) SUPPLEMENT NOT SUPPLANT.— State in which such teacher resided on Au- under sections 7951 through 7957 of this sub- (1) IN GENERAL.—Except as provided in gust 22, 2005. title. paragraph (2), funds made available under (2) PARAPROFESSIONALS.— this section shall be used to supplement, not SEC. 7959. TEMPORARY EMERGENCY IMPACT AID (A) AFFECTED PARAPROFESSIONAL.—In this supplant, any funds made available through FOR DISPLACED STUDENTS. subsection, the term ‘‘affected paraprofes- the Federal Emergency Management Agency (a) TEMPORARY EMERGENCY IMPACT AID AU- sional’’ means a paraprofessional who is dis- or through a State. THORIZED.— placed due to Hurricane Katrina and relo- (2) EXCEPTION.—Paragraph (1) shall not (1) AID TO STATE EDUCATIONAL AGENCIES.— cates to a State that is different from the prohibit the provision of Federal assistance From amounts appropriated under sub- State in which such paraprofessional resided under this section to an eligible educational section (o), the Secretary of Education shall on August 22, 2005. agency or institution of higher education provide emergency impact aid to State edu- (B) IN GENERAL.—A local educational agen- that is or may be entitled to receive, from cational agencies to enable the State edu- cy may consider an affected paraprofessional another source, benefits for the same pur- cational agencies— hired by such agency who does not satisfy poses as under this section if such agency or (A) to make emergency impact aid pay- the requirements of section 1119(c) of the El- institution— ments to eligible local educational agencies ementary and Secondary Education Act of (A) has not received such other benefits by and eligible BIA-funded schools to enable 1965 (20 U.S.C. 6319(c)) in the State in which the time of application for Federal assist- those eligible local educational agencies and such agency is located to satisfy such re- ance under this section; and schools to provide for the instruction of dis- quirements, for purposes of such section, (B) agrees to repay all duplicative Federal placed students served by the agencies and through the last day of the 2005–2006 school assistance received to carry out the purposes schools; and year if such paraprofessional satisfied such of this section. (B) to make immediate impact aid pay- requirements on or before August 22, 2005, in ments to individual accounts established on (g) AUTHORIZATION OF APPROPRIATIONS.— the State in which such paraprofessional re- behalf of displaced students who are attend- There is authorized to be appropriated, and sided on August 22, 2005. there is appropriated, out of any money in ing eligible nonpublic schools located within (b) DELAY.—The Secretary of Education the State. the Treasury not otherwise appropriated, may delay, for a period not to exceed 1 year, (2) AID TO LOCAL EDUCATIONAL AGENCIES $450,000,000 to carry out this section. applicability of the requirements of para- AND BIA-FUNDED SCHOOLS.—A State edu- graphs (2) and (3) of section 1119(a) of the El- SEC. 7955. HOLD HARMLESS FOR AGENCIES cational agency shall make emergency im- ementary and Secondary Education Act of SERVING MAJOR DISASTER AREAS. pact aid payments to eligible local edu- 1965 (20 U.S.C. 6319(a)(2) and (3)) and section (a) LOCAL EDUCATIONAL AGENCIES AND cational agencies and eligible BIA-funded 612(a)(14)(C) of the Individuals with Disabil- TITLE I OF ESEA FUNDS.—In the case of a schools in accordance with subsection (d). ities Education Act (20 U.S.C. 1412(a)(14)(C)) local educational agency that serves an area (3) STATE EDUCATIONAL AGENCIES IN CERTAIN with respect to the States of Alabama, Lou- in which the President has declared that a STATES.—In the case of the States of Lou- isiana, and Mississippi (and local educational major disaster exists in accordance with sec- isiana and Mississippi, the State educational agencies within the jurisdiction of such tion 401 of the Robert T. Stafford Disaster agency shall carry out the activities of eligi- States), if any such State or local edu- Relief and Emergency Assistance Act (42 ble local educational agencies that are un- cational agency demonstrates that a failure U.S.C. 5170), related to Hurricane Katrina, to comply with such requirements is due to able to carry out this section, including eli- the amount made available for such local exceptional or uncontrollable circumstances, gible local educational agencies in those educational agency under each of sections such as a natural disaster or a precipitous States for which the State exercises the au- 1124, 1124A, 1125, and 1125A of the Elementary and unforeseen decline in the financial re- thorities normally exercised by the local and Secondary Education Act of 1965 (20 sources of local educational agencies within educational agencies. U.S.C. 6333, 6334, 6335, and 6337) for fiscal year the State. (b) DEFINITIONS.—In this section: 2006 shall be not less than the amount made SEC. 7957. ASSISTANCE FOR HOMELESS YOUTH. (1) CHILD WITH A DISABILITY.—The term available for such local educational agency (a) IN GENERAL.—The Secretary of Edu- ‘‘child with a disability’’ has the meaning under each of such sections for fiscal year cation shall provide assistance to local edu- given the term in section 602 of the Individ- 2005. cational agencies serving homeless children uals with Disabilities Education Act (20 (b) STATE EDUCATIONAL AGENCIES AND and youths displaced by Hurricane Katrina, U.S.C. 1401). IDEA FUNDS.—In the case of a State edu- consistent with section 723 of the McKinney- (2) DISPLACED STUDENT.—The term ‘‘dis- cational agency that serves an area in which Vento Homeless Assistance Act (42 U.S.C. placed student’’ means a student who enrolls the President has declared that a major dis- 11433), including identification, enrollment in a school (other than the school that the aster exists in accordance with section 401 of assistance, assessment and school placement student was enrolled in, or was eligible to be the Robert T. Stafford Disaster Relief and assistance, transportation, coordination of enrolled in, on August 22, 2005), and who re- Emergency Assistance Act (42 U.S.C. 5170), school services, supplies, referrals for health, sided, on August 22, 2005, in an area for which related to Hurricane Katrina, the amount mental health, and other needs. a major disaster has been declared in accord- made available for such State educational (b) EXCEPTION AND DISTRIBUTION OF ance with section 401 of the Robert T. Staf- agency under the Individuals with Disabil- FUNDS.— ford Disaster Relief and Emergency Assist- ities Education Act (20 U.S.C. 1400 et seq.) for (1) EXCEPTION.—For purposes of providing ance Act (42 U.S.C. 5170), related to Hurri- fiscal year 2006 shall be not less than the assistance under subsection (a), subsections cane Katrina. amount made available for such State edu- (c), (d)(2), and (e)(1) of section 722 and sub- (3) ELIGIBLE LOCAL EDUCATIONAL AGEN- cational agency under such Act for fiscal sections (b) and (c) of section 723 of the CIES.—The term ‘‘eligible local educational year 2005. McKinney-Vento Homeless Assistance Act agency’’ means a local educational agency

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.120 S03NOPT1 S12362 CONGRESSIONAL RECORD — SENATE November 3, 2005

that serves an elementary school or sec- (3) DETERMINATION OF NUMBER OF DIS- (II) the number of displaced students who ondary school (including a charter school) in PLACED STUDENTS.—In determining the num- are identified as children with disabilities which there is enrolled a displaced student. ber of displaced students for a quarter under and are served under part B of the Individ- (4) ELIGIBLE NONPUBLIC SCHOOL.—The term paragraph (2), an eligible local educational uals with Disabilities Education Act (20 ‘‘eligible nonpublic school’’ means a non- agency or eligible BIA-funded school shall U.S.C. 1411 et seq.) reported by the eligible public school that— include in such number the number of dis- local educational agency or eligible BIA- (A) operates in accordance with State law placed students served during such quarter funded school for each quarter (as deter- or is accredited or licensed; prior to the date of enactment of this Act. mined under subsection (c)(2)) times $7,500. (B) was in existence on August 22, 2005; and (d) AMOUNT OF EMERGENCY IMPACT AID.— (iii) INSUFFICIENT FUNDS.—If the amount (C) serves a displaced student. (1) AID TO STATE EDUCATIONAL AGENCIES.— available under this section to make pay- (5) ELIGIBLE BIA-FUNDED SCHOOL.—In this (A) IN GENERAL.—The amount of emer- ments under this subsection is insufficient to section, the term ‘‘eligible BIA-funded gency impact aid received by a State edu- pay the full amount that an eligible local school’’ means a school funded by the Bureau cational agency for the 2005–2006 school year educational agency or eligible BIA-funded of Indian Affairs in which there is enrolled a shall equal the sum of— school is eligible to receive for any quarter displaced student. (i) the number of displaced students (who under this section, the State educational (c) APPLICATION.— are not identified as children with disabil- agency shall ratably reduce the amount of (1) STATE EDUCATIONAL AGENCY.—A State ities and are not served under part B of the the payments. educational agency that desires to receive Individuals with Disabilities Education Act (C) PAYMENTS TO INDIVIDUAL ACCOUNTS.— emergency impact aid under this section (20 U.S.C. 1411 et seq.)), as determined by the (i) IN GENERAL.—A State educational agen- shall submit an application to the Secretary eligible local educational agencies and eligi- cy shall make payments to an individual ac- of Education at such time, in such manner, ble BIA-funded schools in the State under count on behalf of a displaced student for and accompanied by such information as the subsection (c)(2), and the number of such dis- each quarter for which the displaced student Secretary of Education may reasonably re- placed students enrolled in eligible non- is enrolled in an eligible nonpublic school in quire, which shall include— public schools in the State whose parents or the amount determined under clause (ii). (A) information on the displaced student guardians request payments pursuant to this (ii) PAYMENT AMOUNT.—Each payment child count of the State provided by eligible section, times $6,000; and under clause (i) shall equal 25 percent of the local educational agencies in the State and (ii) the number of displaced students who lesser of— eligible BIA-funded schools in the State are identified as children with disabilities (I) $6,000; or under paragraph (2); and are served under part B of the Individ- (II) the total amount of tuition, fees, and (B) information on the child count of the uals with Disabilities Education Act, as de- transportation costs, if any, of the displaced State of displaced students enrolled in eligi- termined by the eligible local educational student for the 2005–2006 school year. ble nonpublic schools; agencies and eligible BIA-funded schools in (iii) MAXIMUM AMOUNT.—In providing pay- (C) a description of how parents and guard- the State under subsection (c)(2), and the ments to an individual account for the 2005– ians will be notified of their options for en- number of such displaced students enrolled 2006 school year on behalf of a displaced stu- rolling their children in public or nonpublic in eligible nonpublic schools in the State dent, a State educational agency may pro- schools in the State; whose parents or guardians request pay- vide not more than 4 quarterly payments to (D) a description of the process by which ments pursuant to this section, times $7,500. such account. parents and guardians may apply for pay- (B) INSUFFICIENT FUNDS.—If the amount ment through individual accounts, including available under this section to provide emer- (e) USE OF FUNDS.— the information such parents and guardians gency impact aid under this subsection is in- (1) DISPLACED STUDENTS IN PUBLIC will be required to provide such State edu- sufficient to pay the full amount that a SCHOOLS.—An eligible local educational cational agency; State educational agency is eligible to re- agency or eligible BIA-funded school receiv- (E) a description of the procedure to be ceive under this section, the Secretary of ing emergency impact aid payments under used by such State educational agency to Education shall ratably reduce the amount this section shall use the payments to pro- provide payments to parents and guardians of such emergency impact aid. vide instructional opportunities for dis- through individual accounts; (2) AID TO ELIGIBLE LOCAL EDUCATIONAL placed students who enroll in elementary (F) a description of the process to be used AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS; schools and secondary schools (including by such State educational agency to obtain PAYMENTS TO INDIVIDUAL ACCOUNTS.— charter schools) served by such agency or in attestations of attendance of displaced stu- (A) IN GENERAL.—A State educational such a school, and for other expenses in- dents from eligible nonpublic schools, in agency that receives emergency impact aid curred as a result of the agency or school order for such agency to provide payments to under this subtitle shall provide payments serving displaced students, which uses may parents and guardians through individual ac- under this section to eligible local edu- include– counts; and cational agencies and eligible BIA-funded (A) paying the compensation of personnel, (G) a description of how such State edu- schools (as provided under subparagraph (B)), including teacher aides, in schools enrolling cational agency will prioritize funding for and to the individual accounts on behalf of displaced students; displaced students attending eligible non- displaced students enrolled in eligible non- (B) identifying and acquiring curricular public schools, if necessary, including any public schools (as provided under subpara- material, including the costs of providing ad- criteria such as household income. graph (C)) whose parents or guardians have ditional classroom supplies, and mobile edu- (2) LOCAL EDUCATIONAL AGENCIES AND BIA- requested such funds in accordance with sub- cational units and leasing sites or spaces; FUNDED SCHOOLS.—An eligible local edu- section (e)(2), for the 2005–2006 school year by (C) basic instructional services for such cational agency or eligible BIA-funded such dates as determined by the Secretary of students, including tutoring, mentoring, aca- school that desires an emergency impact aid Education. The Secretary of Education shall demic counseling, supplemental educational payment under this section shall submit an establish a timeline for reporting on the services, or after-school programs; application to the State educational agency number of displaced students for each quar- (D) reasonable transportation costs for stu- at such time, in such manner, and accom- ter in order to make the appropriate dis- dents; panied by such information as the State edu- bursements in a timely manner. (E) health services (including counseling); cational agency may reasonably require, in- (B) PAYMENTS TO ELIGIBLE LOCAL EDU- and cluding documentation submitted for each CATIONAL AGENCIES AND ELIGIBLE BIA-FUNDED (F) alternative education services. quarter of the 2005–2006 school year that indi- SCHOOLS.— (2) DISPLACED STUDENTS IN NONPUBLIC cates the following: (i) IN GENERAL.—Payments to eligible local SCHOOLS.— (A) In the case of an eligible local edu- educational agencies and eligible BIA-funded (A) IN GENERAL.—A State educational cational agency, the number of displaced schools shall be based on the number of dis- agency that receives emergency impact aid students enrolled in the elementary schools placed students reported for each quarter under this section shall, at the request of the and secondary schools (including charter under subsection (c)(2) and in the amount de- parent or guardian of a displaced student schools), including the number of displaced termined under clause (ii). who enrolls in an eligible nonpublic school in students who are identified as children with (ii) PAYMENT AMOUNT.—Each payment the State, use such emergency impact aid to disabilities and are served under part B of under clause (i) shall equal 25 percent of the provide payment on a quarterly basis, in ac- the Individuals with Disabilities Education sum of— cordance with subsection (d)(2)(C), to an in- Act (20 U.S.C. 1411 et seq.), served by such (I) the number of displaced students (who dividual account on behalf of such displaced agency. are not identified as children with disabil- student. Payment shall be by individual (B) In the case of an eligible BIA-funded ities and are not served under part B of the check made payable to the displaced stu- school, the number of displaced students, in- Individuals with Disabilities Education Act dent’s parent or guardian and mailed by the cluding the number of displaced students (20 U.S.C. 1411 et seq.)) reported by the eligi- State educational agency to the eligible non- who are identified as children with disabil- ble local educational agency or eligible BIA- public school of the parent or guardian’s di- ities and are served under part B of the Indi- funded school for each quarter (as deter- rection and the parent or guardian shall re- viduals with Disabilities Education Act (20 mined under subsection (c)(2)) times $6,000; strictively endorse the check to such eligible U.S.C. 1411 et seq.), enrolled in such school. and nonpublic school.

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(B) USE OF FUNDS.—An eligible nonpublic students served by such agency for whom an United States Constitution, necessitate any school that receives a check pursuant to sub- emergency impact aid payment is received change in the eligible nonpublic school’s paragraph (A) may use the funds for— under this section, nor shall such students be teaching mission, require any eligible non- (i) paying the compensation of personnel, counted for the purpose of calculating the public school to remove religious art, icons, including teacher aides; total number of children in average daily at- scriptures, or other symbols, or preclude any (ii) identifying and acquiring curricular tendance at the schools served by such agen- eligible nonpublic school from retaining reli- material, including the costs of providing ad- cy as provided in section 8003(b)(3)(B)(i) of gious terms in its name, selecting its board ditional classroom supplies, and mobile edu- such Act (20 U.S.C. 7703(b)(3)(B)(i)). members on a religious basis, or including cational units and leasing sites or spaces; (j) TERMINATION OF AUTHORITY.—The au- religious references in its mission state- (iii) basic instructional services for the dis- thority provided by this section shall termi- ments and other chartering or governing placed students, including tutoring, men- nate on August 1, 2006. documents. (k) BY-PASS.—If a State educational agen- toring, academic counseling, or after-school (C) RULE OF CONSTRUCTION.—For purposes cy is unable or unwilling to carry out this programs; of this section, the provisions of section 909 section, the Secretary of Education may (iv) reasonable transportation costs for the of the Education Amendments of 1972 (20 make such arrangements with the State as displaced students; U.S.C. 1688) shall apply to this section as if the Secretary determines appropriate to (v) health services (including counseling); section 909 of the Education Amendments of carry out this section on behalf of displaced (vi) education and support services; and 1972 (20 U.S.C. 1688) were part of this section. students attending an eligible nonpublic (vii) alternative education services. (m) TREATMENT OF STATE AID.—A State school in the State. For a State in which (3) PROVISION OF SPECIAL EDUCATION AND shall not take into consideration emergency State law prohibits the State from using RELATED SERVICES.— impact aid payments received under this sec- Federal funds to directly provide services on (A) IN GENERAL.—In the case of a displaced tion by a local educational agency in the behalf of students attending nonpublic State in determining the eligibility of such student who is identified as a child with a schools and provides that another entity disability and is served under part B of the local educational agency for State aid, or the shall provide such services, the Secretary of amount of State aid, with respect to free Individuals with Disabilities Education Act Education shall make such arrangements (20 U.S.C. 1411 et seq.), any payment made on public education of children. with that entity. (n) RETURN OF UNEXPENDED FUNDS.—The behalf of such student to an eligible local (l) NONDISCRIMINATION.— educational agency or any payment avail- Secretary of Education shall return to the (1) IN GENERAL.—A State educational agen- Treasury any funds appropriated under this able in an account for such student, shall be cy may provide payment under this section used to pay the cost of providing the student section that are unexpended or unobligated to the parent or guardian of a displaced stu- by September 30, 2006. with special education and related services dent who enrolls in an eligible nonpublic (o) AUTHORIZATION OF APPROPRIATIONS.— consistent with the Individuals with Disabil- school in the State only if the eligible non- There is authorized to be appropriated, and ities Education Act (20 U.S.C. 1400 et seq.). public school selected by the student pro- there is appropriated, out of any money in (B) SPECIAL RULE.—Notwithstanding any vides assurances that it does not discrimi- the Treasury not otherwise appropriated, other provision of this section, a State edu- nate against participating displaced students $1,200,000,000 to carry out this section. cational agency may provide payment to an on the basis of race, color, national origin, SEC. 7960. LIMITATION ON USE OF FUNDS. eligible local educational agency that pro- religion, or sex. Aid, payments, assistance, or other fund- vides services to a displaced student attend- (2) APPLICABILITY AND SINGLE-SEX SCHOOLS, ing provided under this subtitle shall be used ing an eligible nonpublic school under sec- CLASSES, OR ACTIVITIES.— only for expenses incurred during the 2005– tion 612(a)(10) of the Individuals with Dis- (A) IN GENERAL.—Notwithstanding any 2006 school year. abilities Education Act (20 U.S.C. 1412(a)(10)) other provision of law, the prohibition of sex SEC. 7961. SUNSET PROVISION. in an amount that is not more than $1,500 per discrimination in paragraph (1) shall not Except as otherwise provided in this sub- displaced student served. apply to a nonpublic school that is operated title, the provisions of this subtitle shall be (C) SPECIAL EDUCATION; RELATED SERV- by, controlled by, or connected to a religious effective for the period beginning on the date ICES.—In this paragraph, the terms ‘‘special organization to the extent that the applica- of enactment of this Act and ending on Au- education’’ and ‘‘related services’’ have the tion of paragraph (1) is inconsistent with the gust 30, 2006. meaning given such terms in section 602 of religious tenets or beliefs of the school. the Individuals with Disabilities Education (B) SINGLE-SEX SCHOOLS, CLASSES, OR AC- SA 2405. Mrs. CLINTON (for herself, Act (20 U.S.C. 1401). TIVITIES.—Notwithstanding paragraph (1) or Ms. MIKULSKI, Mr. HARKIN, Mr. LAU- (f) RETURN OF AID.— any other provision of law, a parent or TENBERG, Mr. JEFFORDS, Mr. REED, Mr. (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR guardian may choose, and a nonpublic school ELIGIBLE BIA-FUNDED SCHOOL.—An eligible SALAZAR, Mr. OBAMA, Mrs. BOXER, Ms. may offer, a single-sex school, class, or ac- STABENOW, Mr. CORZINE, Mr. SCHUMER, local educational agency or eligible BIA- tivity. funded school that receives an emergency Mr. DURBIN, Mrs. FEINSTEIN, Mr. FEIN- (3) GENERAL PROVISION.—Nothing in this impact aid payment under this section shall section may be construed to alter or modify GOLD, Mr. CARPER, Mr. JOHNSON, and return to the State educational agency any the Individuals with Disabilities Education Mr. LEAHY) submitted an amendment payment provided to the eligible local edu- Act (20 U.S.C. 1400 et seq.). intended to be proposed by her to the cational agency or school under this section (4) RULE OF CONSTRUCTION.—Payments bill S. 1932, to provide for reconcili- that the eligible local educational agency or made to an individual account (or any other ation pursuant to section 202(a) of the school has not obligated by the end of the form of support provided to students under 2005–2006 school year in accordance with this concurrent resolution on the budget for this section) under this section shall be con- fiscal year 2006 (H. con. Res. 95); which section. sidered assistance to the student and shall (2) STATE EDUCATIONAL AGENCY.—A State was ordered to lie on the table; as fol- not be considered assistance to the school lows: educational agency that receives emergency that enrolls the student. The amount of any impact aid under this section, shall return to payment (or other form of support provided At the appropriate place, insert the fol- the Secretary of Education— on behalf of a displaced student) under this lowing: (A) any aid provided to the agency under section shall not be treated as income of a TITLE ll KATRINA COMMISSION this section that the agency has not obli- parent or guardian of the student for pur- SEC. ll01. ESTABLISHMENT OF COMMISSION. gated by the end of the 2005-2006 school year poses of Federal tax laws or for determining There is established in the legislative in accordance with this section; and eligibility for any other Federal program. branch the Katrina Commission (in this title (B) any payment funds returned to the (5) RELIGIOUSLY AFFILIATED SCHOOLS.— referred to as the ‘‘Commission’’). State educational agency under paragraph (A) IN GENERAL.—Notwithstanding any SEC. ll02. COMPOSITION OF COMMISSION. (1). other provision of law, an eligible nonpublic (a) MEMBERS.—The Commission shall be (g) LIMITATION ON USE OF AID AND PAY- school participating in any program under composed of 10 members, of whom— MENTS.—Aid and payments provided under this subtitle that is operated by, supervised (1) 1 member shall be appointed by the this section shall be used only for expenses by, controlled by, or connected to, a reli- President, who shall serve as chairman of incurred during the 2005–2006 school year. (h) ADMINISTRATIVE EXPENSES.—A State gious organization may exercise its rights in the Commission; educational agency that receives emergency matters of employment consistent with title (2) 1 member shall be appointed by the impact aid under this section may use not VII of the Civil Rights Act of 1964 (42 U.S.C. leader of the Senate (majority or minority more than 1 percent of such aid for adminis- 2000e et seq.), including the exemptions pro- leader, as the case may be) of the Demo- trative expenses. vided under such title. cratic Party, in consultation with the leader (i) SPECIAL FUNDING RULE.—In calculating (B) MAINTENANCE OF PURPOSE.—Notwith- of the House of Representatives (majority or funding under section 8003 of the Elementary standing any other provision of law, funds minority leader, as the case may be) of the and Secondary Education Act of 1965 (20 made available under this section to dis- Democratic Party, who shall serve as vice U.S.C. 7703) for an eligible local educational placed students that are received by an eligi- chairman of the Commission; agency that receives an emergency impact ble nonpublic school, as a result of the stu- (3) 2 members shall be appointed by the aid payment under this section, the Sec- dent’s parent or guardian’s choice, shall not, senior member of the Senate leadership of retary of Education shall not count displaced consistent with the first amendment of the the Democratic Party;

VerDate Aug 31 2005 04:44 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.120 S03NOPT1 S12364 CONGRESSIONAL RECORD — SENATE November 3, 2005 (4) 2 members shall be appointed by the problems with Federal response that oc- (I) by the agreement of the chairman and senior member of the leadership of the House curred in the preparation for, and in the the vice chairman; or of Representatives of the Republican Party; aftermath of, Hurricane Katrina so that fu- (II) by the affirmative vote of 6 members of (5) 2 members shall be appointed by the ture cataclysmic events are responded to the Commission. senior member of the Senate leadership of adequately. (ii) SIGNATURE.—Subject to clause (i), sub- the Republican Party; and SEC. ll04. FUNCTIONS OF COMMISSION. poenas issued under this subsection may be (6) 2 members shall be appointed by the (a) IN GENERAL.—The functions of the Com- issued under the signature of the chairman senior member of the leadership of the House mission are to— or any member designated by a majority of of Representatives of the Democratic Party. (1) conduct an investigation that— the Commission, and may be served by any (b) QUALIFICATIONS; INITIAL MEETING.— (A) investigates relevant facts and cir- person designated by the chairman or by a (1) POLITICAL PARTY AFFILIATION.—Not cumstances relating to the catastrophic im- member designated by a majority of the more than 5 members of the Commission pacts that Hurricane Katrina exacted upon Commission. shall be from the same political party. the Gulf Region of the United States espe- (B) ENFORCEMENT.— (2) NONGOVERNMENTAL APPOINTEES.—An in- cially in New Orleans and surrounding par- (i) IN GENERAL.—In the case of contumacy dividual appointed to the Commission may ishes, and impacted areas of Mississippi and or failure to obey a subpoena issued under not be an officer or employee of the Federal Alabama; and subsection (a), the United States district Government or any State or local govern- (B) shall include relevant facts and cir- court for the judicial district in which the ment. cumstances relating to— subpoenaed person resides, is served, or may (3) OTHER QUALIFICATIONS.—It is the sense (i) Federal emergency response planning be found, or where the subpoena is return- of Congress that individuals appointed to the and execution at the Federal Emergency able, may issue an order requiring such per- Commission should be prominent United Management Agency, the Department of son to appear at any designated place to tes- States citizens who represent a diverse range Homeland Security, the White House, and all tify or to produce documentary or other evi- of citizens and enjoy national recognition other Federal entities with responsibility for dence. Any failure to obey the order of the and significant depth of experience in such assisting during, and responding to, natural court may be punished by the court as a con- professions as governmental service, emer- disasters; tempt of that court. gency preparedness, mitigation planning, (ii) military and law enforcement response (ii) ADDITIONAL ENFORCEMENT.—In the case cataclysmic planning and response, intergov- planning and execution; of any failure of any witness to comply with ernmental management, resource planning, (iii) Federal mitigation plans, programs, any subpoena or to testify when summoned recovery operations and planning, Federal and policies including prior assessments of under authority of this section, the Commis- coordination, military coordination, and existing vulnerabilities and exercises de- sion may, by majority vote, certify a state- other extensive natural disaster and emer- signed to test those vulnerabilities; ment of fact constituting such failure to the gency response experience. (iv) Federal, State, and local communica- appropriate United States attorney, who (4) DEADLINE FOR APPOINTMENT.—All mem- tion interoperability successes and failures; may bring the matter before the grand jury bers of the Commission shall be appointed on (v) past, present, and future Federal budg- for its action, under the same statutory au- or before October 1, 2005. etary provisions for preparedness, mitiga- thority and procedures as if the United tion, response, and recovery; (5) INITIAL MEETING.—The Commission States attorney had received a certification shall meet and begin the operations of the (vi) the Federal Emergency Management under sections 102 through 104 of the Revised Commission as soon as practicable. Agency’s response capabilities as an inde- Statutes of the United States (2 U.S.C. 192 pendent agency and as part of the Depart- (c) QUORUM; VACANCIES.—After its initial through 194). ment of Homeland Security; meeting, the Commission shall meet upon (b) CONTRACTING.—The Commission may, (vii) the role of congressional oversight the call of the chairman or a majority of its to such extent and in such amounts as are and resource allocation; members. Six members of the Commission provided in appropriation Acts, enter into (viii) other areas of the public and private shall constitute a quorum. Any vacancy in contracts to enable the Commission to dis- sectors determined relevant by the Commis- the Commission shall not affect its powers, charge its duties under this title. sion for its inquiry; and but shall be filled in the same manner in (ix) long-term needs for people impacted by (c) INFORMATION FROM FEDERAL AGEN- which the original appointment was made. Hurricane Katrina and other forms of Fed- CIES.— SEC. ll03. DUTIES. eral assistance necessary for large-scale re- (1) IN GENERAL.—The Commission is au- The duties of the Commission are to— covery; thorized to secure directly from any execu- (1) examine and report upon the Federal, (2) identify, review, and evaluate the les- tive department, bureau, agency, board, State, and local response to the devastation sons learned from Hurricane Katrina includ- commission, office, independent establish- wrought by Hurricane Katrina in the Gulf ing coordination, management policies, and ment, or instrumentality of the Government, Region of the United States of America espe- procedures of the Federal Government, State information, suggestions, estimates, and sta- cially in the States of Louisiana, Mississippi, and local governments, and nongovern- tistics for the purposes of this title. Each de- Alabama, and other areas impacted in the mental entities, relative to detection, plan- partment, bureau, agency, board, commis- aftermath; ning, mitigation, asset prepositioning, and sion, office, independent establishment, or (2) ascertain, evaluate, and report on the responding to cataclysmic natural disasters instrumentality shall, to the extent author- information developed by all relevant gov- such as Hurricane Katrina; and ized by law, furnish such information, sug- ernmental agencies regarding the facts and (3) submit to the President and Congress gestions, estimates, and statistics directly to circumstances related to Hurricane Katrina such reports as are required by this title con- the Commission, upon request made by the prior to striking the United States and in taining such findings, conclusions, and rec- chairman, the chairman of any sub- the days and weeks following; ommendations as the Commission shall de- committee created by a majority of the (3) build upon concurrent and prior inves- termine, including proposing organization, Commission, or any member designated by a tigations of other entities, and avoid unnec- coordination, planning, management ar- majority of the Commission. essary duplication concerning information rangements, procedures, rules, and regula- (2) RECEIPT, HANDLING, STORAGE, AND DIS- related to existing vulnerabilities; tions. SEMINATION.—Information shall only be re- (4) make a full and complete accounting of SEC. ll05. POWERS OF COMMISSION. ceived, handled, stored, and disseminated by the circumstances surrounding the approach (a) IN GENERAL.— members of the Commission and its staff of Hurricane Katrina to the Gulf States, and (1) HEARINGS AND EVIDENCE.—The Commis- consistent with all applicable statutes, regu- the extent of the United States government’s sion or, on the authority of the Commission, lations, and Executive orders. preparedness for, and response to, the hurri- any subcommittee or member thereof, may, (d) ASSISTANCE FROM FEDERAL AGENCIES.— cane; for the purpose of carrying out this Act— (1) GENERAL SERVICES ADMINISTRATION.— (5) planning necessary for future cata- (A) hold such hearings and sit and act at The Administrator of General Services shall clysmic events requiring a significant mar- such times and places, take such testimony, provide to the Commission on a reimburs- shaling of Federal resources, mitigation, re- receive such evidence, administer such able basis administrative support and other sponse, and recovery to avoid significant loss oaths; and services for the performance of the Commis- of life; (B) subject to paragraph (2)(A), require, by sion’s functions. (6) an analysis as to whether any decisions subpoena or otherwise, the attendance and (2) OTHER DEPARTMENTS AND AGENCIES.—In differed with respect to response and recov- testimony of such witnesses and the produc- addition to the assistance prescribed in para- ery for different communities, neighbor- tion of such books, records, correspondence, graph (1), departments and agencies of the hoods, parishes, and locations and what memoranda, papers, and documents, as the United States may provide to the Commis- problems occurred as a result of a lack of a Commission or such designated sub- sion such services, funds, facilities, staff, and common plan, communication structure, and committee or designated member may deter- other support services as they may deter- centralized command structure; and mine advisable. mine advisable and as may be authorized by (7) investigate and report to the President (2) SUBPOENAS.— law. and Congress on its findings, conclusions, (A) ISSUANCE.— (e) GIFTS.—The Commission may accept, and recommendations for immediate correc- (i) IN GENERAL.—A subpoena may be issued use, and dispose of gifts or donations of serv- tive measures that can be taken to prevent under this subsection only— ices or property.

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(f) POSTAL SERVICES.—The Commission SEC. ll09. SECURITY CLEARANCES FOR COM- cane Katrina and Hurricane Rita reconstruc- may use the United States mails in the same MISSION MEMBERS AND STAFF. tion contracts to have overcharged or im- manner and under the same conditions as de- The appropriate Federal agencies or de- properly billed the Federal Government by a partments and agencies of the United States. partments shall cooperate with the Commis- total of at least $10,000,000 through one or sion in expeditiously providing to the Com- SEC. ll06. NONAPPLICABILITY OF FEDERAL AD- more overcharges; VISORY COMMITTEE ACT. mission members and staff appropriate secu- (2) has been found by an executive agency, rity clearances to the extent possible pursu- (a) IN GENERAL.—The Federal Advisory the Special Inspector General for Iraq Recon- ant to existing procedures and requirements, Committee Act (5 U.S.C. App.) shall not struction, or any Inspector General having except that no person shall be provided with apply to the Commission. oversight authority with respect to Hurri- access to classified information under this (b) PUBLIC MEETINGS AND RELEASE OF PUB- cane Katrina and Hurricane Rita reconstruc- title without the appropriate security clear- LIC VERSIONS OF REPORTS.—The Commission tion contracts to have committed one or ances. shall— more fraudulent acts resulting in total costs (1) hold public hearings and meetings to SEC. ll10. REPORTS OF COMMISSION; TERMI- or losses to the Federal Government of at NATION. the extent appropriate; and least $10,000,000; or (a) INTERIM REPORTS.—The Commission (2) release public versions of the reports re- (3) has had rendered against it a judgment may submit to the President and Congress quired under section ll10. or conviction for an offense constituting a interim reports containing such findings, cause for suspension or debarment under the (c) PUBLIC HEARINGS.—Any public hearings conclusions, and recommendations for cor- Federal suspension and debarment regula- of the Commission shall be conducted in a rective measures as have been agreed to by a manner consistent with the protection of in- tions. majority of Commission members. (b) NATIONAL SECURITY WAIVER.—The formation provided to or developed for or by (b) FINAL REPORT.—Not later than 6 President may waive the restrictions under the Commission as required by any applica- months after the date of the enactment of subsection (a) on a case-by-case basis if the ble statute, regulation, or Executive order. this title, the Commission shall submit to President determines that such waiver is in SEC. ll07. STAFF OF COMMISSION. the President and Congress a final report the national security interest of the United (a) IN GENERAL.— containing such findings, conclusions, and States and submits to the appropriate con- (1) APPOINTMENT AND COMPENSATION.—The recommendations for corrective measures as gressional authorities a report describing the chairman, in consultation with the vice have been agreed to by a majority of Com- reasons for such determination. chairman, in accordance with rules agreed mission members. (c) DEFINITIONS.—In this section: upon by the Commission, may appoint and (c) TERMINATION.— (1) APPROPRIATE CONGRESSIONAL AUTHORI- fix the compensation of a staff director and (1) IN GENERAL.—The Commission, and all TIES.—The term ‘‘appropriate congressional such other personnel as may be necessary to the authorities of this Act, shall terminate authorities’’ means— enable the Commission to carry out its func- 60 days after the date on which the final re- (A) the Majority Leader and the Minority tions, without regard to the provisions of port is submitted under subsection (b). Leader of the Senate; title 5, United States Code, governing ap- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- (B) the Speaker of the House of Represent- pointments in the competitive service, and MINATION.—The Commission may use the 60- atives and the Minority Leader of the House without regard to the provisions of chapter day period referred to in paragraph (1) for of Representatives; and 51 and subchapter III of chapter 53 of such the purpose of concluding its activities, in- (C) the Committees on Appropriations of title relating to classification and General cluding providing testimony to committees the Senate and the House of Representatives. Schedule pay rates, except that no rate of of Congress concerning its reports and dis- (2) EXECUTIVE AGENCIES.—The term ‘‘execu- pay fixed under this subsection may exceed seminating the final report. tive agency’’ has the meaning given that the equivalent of that payable for a position SEC. ll11. FUNDING. term in section 4 of the Office of Federal at level V of the Executive Schedule under (a) EMERGENCY APPROPRIATION OF FUNDS.— Procurement Policy Act (41 U.S.C. 403). section 5316 of title 5, United States Code. There are authorized to be appropriated (2) PERSONNEL AS FEDERAL EMPLOYEES.— $3,000,000 for purposes of the activities of the SA 2407. Mr. LEVIN submitted an (A) IN GENERAL.—The executive director Commission under this title and such fund- amendment intended to be proposed by and any personnel of the Commission who ing is designated as emergency spending him to the bill S. 1932, to provide for are employees shall be employees under sec- under section 402 of H. Con. Res. 95 (109th reconciliation pursuant to section tion 2105 of title 5, United States Code, for Congress). 202(a) of the concurrent resolution on purposes of chapters 63, 81, 83, 84, 85, 87, 89, (b) DURATION OF AVAILABILITY.—Amounts and 90 of that title. made available to the Commission under the budget for fiscal year 2006 (H. Con. (B) MEMBERS OF COMMISSION.—Subpara- subsection (a) shall remain available until Res. 95); which was ordered to lie on graph (A) shall not be construed to apply to the termination of the Commission. the table; as follows: members of the Commission. On page 95, after line 21, insert the fol- (b) DETAILEES.—Any Federal Government SA 2406. Mr. DURBIN (for himself, lowing: employee may be detailed to the Commission Mr. DORGAN, Mr. LAUTENBERG, and Mr. SEC. 3005A. COMMUNICATION SYSTEM GRANTS. without reimbursement from the Commis- JOHNSON) submitted an amendment in- (a) DEFINITIONS.—In this section— sion, and such detailee shall retain the tended to be proposed by him to the (1) the term ‘‘demonstration project’’ rights, status, and privileges of his or her bill S. 1932, to provide for reconcili- means the demonstration project established regular employment without interruption. ation pursuant to section 202(a) of the under subsection (b)(1); (c) CONSULTANT SERVICES.—The Commis- (2) the term ‘‘Department’’ means the De- sion is authorized to procure the services of concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which partment of Homeland Security; experts and consultants in accordance with (3) the term ‘‘emergency response pro- section 3109 of title 5, United States Code, was ordered to lie on the table; as fol- vider’’ has the meaning given that term in but at rates not to exceed the daily rate paid lows: section 2(6) the Homeland Security Act of a person occupying a position at level IV of At the appropriate place, insert the fol- 2002 (6 U.S.C. 101(6)); and the Executive Schedule under section 5315 of lowing: (4) the term ‘‘Secretary’’ means the Sec- title 5, United States Code. SEC. ll. ACCOUNTABILITY IN FEDERAL CON- retary of Homeland Security. SEC. ll08. COMPENSATION AND TRAVEL EX- TRACTING. (b) IN GENERAL.— PENSES. (a) IN GENERAL.—Except as provided in (1) ESTABLISHMENT.—There is established (a) COMPENSATION.—Each member of the subsection (b), none of the funds appro- in the Department an ‘‘International Border Commission may be compensated at not to priated or otherwise made available by the Community Interoperable Communications exceed the daily equivalent of the annual Emergency Supplemental Appropriations Demonstration Project’’. rate of basic pay in effect for a position at Act to Meet Immediate Needs Arising From (2) MINIMUM NUMBER OF COMMUNITIES.—The level IV of the Executive Schedule under sec- the Consequences of Hurricane Katrina, 2005 Secretary shall select not fewer than 2 com- tion 5315 of title 5, United States Code, for (Public Law 109–61), by the Second Emer- munities to participate in a demonstration each day during which that member is en- gency Supplemental Appropriations Act to project. gaged in the actual performance of the du- Meet Immediate Needs Arising From the (3) LOCATION OF COMMUNITIES.—Not fewer ties of the Commission. Consequences of Hurricane Katrina, 2005 than 1 of the communities selected under (b) TRAVEL EXPENSES.—While away from (Public Law 109–62), or through the Iraq Re- paragraph (2) shall be located on the north- their homes or regular places of business in lief and Reconstruction Fund may be obli- ern border of the United States and not the performance of services for the Commis- gated or expended in connection with a con- fewer than 1 of the communities selected sion, members of the Commission shall be al- tract with a contractor that, during the pre- under paragraph (2) shall be located on the lowed travel expenses, including per diem in vious 5 years— southern border of the United States. lieu of subsistence, in the same manner as (1) has been found by an executive agency, (c) PROJECT REQUIREMENTS.—The dem- persons employed intermittently in the Gov- the Special Inspector General for Iraq Recon- onstration projects shall— ernment service are allowed expenses under struction, or any Inspector General having (1) address the interoperable communica- section 5703(b) of title 5, United States Code. oversight authority with respect to Hurri- tions needs of police officers, firefighters,

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.121 S03NOPT1 S12366 CONGRESSIONAL RECORD — SENATE November 3, 2005 emergency medical technicians, National him to the bill S. 1932, to provide for dren with special needs. Much of this care is Guard, and other emergency response pro- reconciliation pursuant to section either not covered by private insurance or is viders; 202(a) of the concurrent resolution on limited in scope or duration. The Medicaid (2) foster interoperable communications— the budget for fiscal year 2006 (H. Con. program is also a critical source of funding for health care for children in foster care and (A) among Federal, State, local, and tribal Res. 95); which was ordered to lie on government agencies in the United States in- for health care services provided in schools. volved in preventing or responding to ter- the table; as follows: (8) Funds under the Medicaid program help rorist attacks or other catastrophic events; On page 256, between lines 5 and 6, insert to ensure access to care for all Americans. and the following: The Medicaid program is the single largest (B) with similar agencies in Canada and Subchapter D—Sense of the Senate source of revenue for the Nation’s safety net Mexico; SEC. 6065. TO EXPRESS THE SENSE OF THE SEN- hospitals, health centers, and nursing homes, (3) identify common international cross- ATE REGARDING MEDICAID REC- and is critical to the ability of these pro- border frequencies for communications ONCILIATION LEGISLATION TO BE viders to adequately serve all Americans. equipment, including radio or computer mes- REPORTED BY A CONFERENCE COM- (9) The Medicaid program serves a major saging equipment; MITTEE. role in ensuring that the number of Ameri- (a) FINDINGS.—The Senate makes the fol- (4) foster the standardization of interoper- cans without health insurance, approxi- lowing findings: able communications equipment; mately 45,000,000 in 2003, is not substantially (1) The Medicaid program provides essen- (5) identify solutions that will facilitate higher. The system of Federal matching for tial health care and long-term care services communications interoperability across na- State Medicaid expenditures ensures that to more than 50,000,000 low-income children, tional borders expeditiously; Federal funds will grow as State spending in- pregnant women, parents, individuals with creases in response to unmet needs, enabling (6) ensure that emergency response pro- disabilities, and senior citizens. It is a Fed- viders can communicate with each another the Medicaid program to help buffer the drop eral guarantee that ensures that the most in private coverage during recessions. More and the public at disaster sites or in the vulnerable will have access to needed med- event of a terrorist attack or other cata- than 4,800,000 Americans lost employer-spon- ical services. sored health care coverage between 2000 and strophic event; (2) The Medicaid program provides critical (7) provide training and equipment to en- 2003, during which time the Medicaid pro- access to long-term care and other services gram enrolled an additional 8,400,000 Ameri- able emergency response providers to deal for the elderly and individuals living with with threats and contingencies in a variety cans. disabilities, and is the single largest provider (10) Many individuals living below the Fed- of environments; and of long-term care services. The Medicaid pro- (8) identify and secure appropriate joint- eral poverty level are ineligible for Medicaid gram also pays for personal care and other because of stringent income eligibility rules. use equipment to ensure communications ac- supportive services that are typically not cess. For parents, eligibility levels are often very provided by private health insurance or far below the Federal poverty level. On aver- (d) DISTRIBUTION OF FUNDS.— under the Medicare program, but are nec- (1) IN GENERAL.—The Secretary shall dis- age, a working parent in a family of three essary to enable individuals with spinal cord would have to make less than $224 per week tribute funds under this section to each com- injuries, developmental disabilities, neuro- munity participating in a demonstration and a non-working parent in a family of logical degenerative diseases, serious and three would have to make less than $150 per project through the State, or States, in persistent mental illnesses, HIV/AIDS, and which each community is located. week to qualify. Single individuals with dis- other chronic conditions to remain in the abilities would be ineligible if they have (2) OTHER PARTICIPANTS.—Not later than 60 community, to work, and to maintain inde- days after receiving funds under paragraph more than $147 per week in income. pendence. (11) Eligibility levels for pregnant women (1), a State receiving funds under this sec- (3) The Medicaid program supplements the tion shall make the funds available to the and children are generally at or just above Medicare program for more than 6,000,000 the Federal poverty level, but a family with local governments and emergency response low-income elderly or disabled Medicare income just over minimum wage can be dis- providers participating in a demonstration beneficiaries, assisting those beneficiaries qualified for Medicaid. At the minimum eli- project selected by the Secretary. with their Medicare premiums and co-insur- gibility levels for pregnant women, earning (e) FUNDING.—Amounts made available ance, wrap-around benefits, and the costs of as little as $8.80 per hour at a full-time job from the interoperability fund under section nursing home care that the Medicare pro- 3005(c)(3) shall be available to carry out this could disqualify a pregnant woman from gram does not cover. The Medicaid program Medicaid eligibility. A working parent in a section without appropriation. spent nearly $40,000,000,000 in 2002 on services family of three earning less than $8.40 per (f) REPORTING.—Not later than December not covered under the Medicare program. 31, 2005, and each year thereafter in which hour at a full-time job could make their (4) The Medicaid program provides health funds are appropriated for a demonstration child 6 years-old or older ineligible for Med- insurance for more than 1⁄4 of America’s chil- project, the Secretary shall provide to the icaid. dren and is the largest purchaser of mater- Committee on Homeland Security and Gov- (12) Title III of the budget reconciliation nity care, paying for more than 1⁄3 of all the bill of the House of Representatives, as re- ernmental Affairs of the Senate and the births in the United States each year. The ported out by the Committee on Energy and Committee on Homeland Security of the Medicaid program also provides vital access Commerce, would adversely affect these low- House of Representatives a report on the to care for children with disabilities, cov- income beneficiaries, many of whom are demonstration projects under this section. ering more than 70 percent of the poor chil- children or have special health care needs, SA 2408. Mr. CORNYN submitted an dren with disabilities in the United States. by increasing beneficiary cost-sharing, lim- (5) Medicaid’s benefits for children are iting access to benefits, and restricting eligi- amendment intended to be proposed by comprehensive, including mandatory cov- bility for long-term care services that the him to the bill S. 1932, to provide for erage for Early and Periodic Screening Diag- Medicaid program covers. These new limits reconciliation pursuant to section nosis and Treatment benefits covering all make up 2⁄3 of the House of Representative’s 202(a) of the concurrent resolution on medically necessary care. Medicaid ensures projected Medicaid spending reductions, ac- the budget for fiscal year 2006 (H. Con. that children have the benefits, health serv- counting for $30,100,000,000 of the total Res. 95); as follows: ices and health care support they need to be $45,300,000,000 in Medicaid reductions over 10 On page 94, strike line 7 through 12. fully immunized and that children can se- years. cure eyeglasses, dental care, and hearing (13) Making beneficiaries pay more for SA 2409. Mr. REED (for himself, Mr. aids when necessary, and that children have more limited benefits under Medicaid may BAUCUS, Mrs. MURRAY, Mr. KENNEDY, access to comprehensive, regularly sched- put a significant financial burden on these uled, and as-needed health examinations, as very low-income individuals. Research also Mr. BINGAMAN, Mr. CORZINE, Mrs. CLIN- well as preventive interventions, to correct demonstrates that increasing beneficiary TON, and Mr. OBAMA) submitted an physical and mental conditions that threat- cost-sharing can make prescription drugs amendment intended to be proposed by en to delay proper growth and development. and other essential health services him to the bill S. 1932, to provide for (6) More than 16,000,000 American women unaffordable for beneficiaries, can cause the reconciliation pursuant to section depend on the Medicaid program for their health of children and adults to deteriorate, 202(a) of the concurrent resolution on health care. Women comprise the majority and can lead to higher emergency room and the budget for fiscal year 2006 (H. Con. of seniors (71 percent) on Medicaid. Half of hospital costs. Res. 95); as follows: nonelderly women with permanent mental or (14) By contrast, while this title includes physical disabilities have health care cov- substantial cuts to the Medicaid program, it Strike section 6031 of the bill. erage under the Medicaid program. The Med- does not include direct limits on beneficiary Mr. BAUCUS (for himself, icaid program also provides critical access to access to Medicaid services. Even so, enact- SA 2410. treatment for low-income women diagnosed ment of this title would result in a net Med- Mr. OBAMA, Ms. MIKULSKI, Mrs. MUR- with breast or cervical cancer. icaid cut of $14,200,000,000 over 10 years, less RAY, Ms. STABENOW, Mr. FEINGOLD, Mr. (7) The Medicaid program is the Nation’s than 1⁄3 of the projected Medicaid reductions REED, and Mr. SCHUMER) submitted an largest source of payment for mental health contained in the House of Representative’s amendment intended to be proposed by services, HIV/AIDS care, and care for chil- budget reconciliation bill.

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.128 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12367 (b) SENSE OF THE SENATE.—It is the sense be transferred to the interoperability fund mitted an amendment intended to be of the Senate that the conferees for any described in subsection (c)(3). proposed by him to the bill S. 1932, to budget reconciliation bill of the 109th Con- (3) After the transfers under paragraphs (1) provide for reconciliation pursuant to gress shall not report a reconciliation bill and (2), the next $1,200,000,000 of exceess pro- section 202(a) of the concurrent resolu- that would— ceeds shall be transfered to the assistance (1) with respect to low-income children, program described in subsection (c)(5). tion on the budget for fiscal year 2006 pregnant women, disabled individuals, elder- (4) After the transfers under paragraphs (1) (H. Con. Res. 95); which was ordered to ly individuals, individuals with chronic ill- through (3), any remaining excess proceeds lie on the table; as follows: nesses like HIV/AIDS, cancer, and diabetes, shall be transferred to and deposited in the At the appropriate place, insert the fol- individuals with mental illnesses, and other general fund of the Treasury as miscella- lowing: Medicaid beneficiaries— neous receipts. (A) impair access to Medicaid services; SEC. ll. ACCOUNTABILITY IN FEDERAL CON- (B) undermine eligibility for such Medicaid SA 2413. Mr. WARNER (for himself, TRACTING. beneficiaries; Mr. LIEBERMAN, Mr. ROBERTS, Mr. DUR- (a) IN GENERAL.—Except as provided in (C) make Medicaid services unavailable by BIN, Mr. ALLEN, and Mr. OBAMA) pro- subsection (b), none of the funds appro- making them unaffordable to such Medicaid posed an amendment to the bill S. 1932, priated or otherwise made available by the Emergency Supplemental Appropriations beneficiaries; or to provide for reconciliation pursuant (D) cut health care services for such Med- Act to Meet Immediate Needs Arising From icaid beneficiaries; or to section 202(a) of the concurrent reso- the Consequences of Hurricane Katrina, 2005 (2) undermine the Federal guarantee of lution on the budget for fiscal year 2006 (Public Law 109–61), by the Second Emer- health insurance coverage that the Medicaid (H. Con. Res. 95); as follows: gency Supplemental Appropriations Act to program provides, which would threaten not On page 369, between lines 11 and 12, insert Meet Immediate Needs Arising From the only the health care safety net of the United the following: Consequences of Hurricane Katrina, 2005 States, but the entire health care system of ‘‘(D) the Secretary— (Public Law 109–62), or through the Iraq Re- the United States. ‘‘(i) shall determine if an increase in the lief and Reconstruction Fund may be obli- amount of a grant under this section is need- gated or expended in connection with a con- SA 2411. Mrs. FEINSTEIN (for her- ed to help encourage students to pursue tract entered into after the date of the en- self, Mrs. HUTCHISON, Mrs. BOXER, Mrs. courses of study that are important to the actment of this Act with a contractor that, MURRAY, Mr. LAUTENBERG, Mr. SCHU- current and future national, homeland, and during the previous 5 years— (1) has been found by an executive agency, MER, Mr. CORZINE, Ms. CANTWELL, and economic security needs of the United the Special Inspector General for Iraq Recon- Ms. MIKULSKI) proposed an amendment States; and ‘‘(ii) after making the determination de- struction, or any Inspector General having to the bill S. 1932, to provide for rec- oversight authority with respect to Hurri- onciliation pursuant to section 202(a) scribed in clause (i), may increase the max- imum and minimum award level established cane Katrina and Hurricane Rita reconstruc- of the concurrent resolution on the under subparagraph (A) by not more than 25 tion contracts to have overcharged or im- budget for fiscal year 2006 (H. Con. Res. percent, for students eligible for a grant properly billed the Federal Government by a 95); as follows: under this section who are pursuing a degree total of at least $10,000,000 through one or On page 188, after line 24, add the fol- with a major in mathematics, science, tech- more overcharges; lowing: nology, engineering, or a foreign language (2) has been found by an executive agency, the Special Inspector General for Iraq Recon- SEC. 6037. AUTHORITY TO CONTINUE PROVIDING that is critical to the national security of CERTAIN ADULT DAY HEALTH CARE the United States; and struction, or any Inspector General having SERVICES OR MEDICAL ADULT DAY ‘‘(E) not later than September 30 of each oversight authority with respect to Hurri- CARE SERVICES. fiscal year, the Secretary shall notify Con- cane Katrina and Hurricane Rita reconstruc- The Secretary shall not— gress, in writing, of the Secretary’s deter- tion contracts to have committed one or (1) withhold, suspend, disallow, or other- mination with respect to subparagraph (D)(i) more fraudulent acts resulting in total costs wise deny Federal financial participation and of any increase in award levels under or losses to the Federal Government of at under section 1903(a) of the Social Security subparagraph (D)(ii). least $10,000,000; or Act (42 U.S.C. 1396b(a)) for adult day health (3) has been suspended or debarred under care services or medical adult day care serv- SA 2414. Mr. BYRD (for himself and the Federal suspension and debarment regu- ices, as defined under a State medicaid plan Mr. HARKIN) proposed an amendment to lations. approved on or before 1982, if such services the bill S. 1932, to provide for reconcili- (b) NATIONAL SECURITY WAIVER.—The are provided consistent with such definition ation pursuant to section 202(a) of the President may waive the restrictions under and the requirements of such plan; or subsection (a) on a case-by-case basis if the (2) withdraw Federal approval of any such concurrent resolution on the budget for President determines that such waiver is in State plan or part thereof regarding the pro- fiscal year 2006 (H. Con. Res. 95); as fol- the national security interest of the United vision of such services. lows: States and submits to the appropriate con- At the appropriate place, insert the fol- gressional authorities a report describing the SA 2412. Mr. VITTER (for Mr. STE- lowing: reasons for such determination. VENS (for himself, Mr. VITTER, Ms. SEC. ll. SUSPENSION OF DEBATE LIMITATION (c) DEFINITIONS.—In this section: LANDRIEU, Mr. DOMENICI, Mr. CRAIG, ON RECONCILIATION LEGISLATION (1) APPROPRIATE CONGRESSIONAL AUTHORI- Mr. LOTT, Mr. INOUYE, and Mr. BINGA- THAT CAUSES A DEFICIT OR IN- TIES.—The term ‘‘appropriate congressional CREASES THE DEFICIT. MAN)) proposed an amendment to the authorities’’ means— (a) IN GENERAL.—For purposes of consider- bill S. 1932, to provide for reconcili- (A) the Majority Leader and the Minority ation in the Senate of any reconciliation bill Leader of the Senate; ation pursuant to section 202(a) of the or resolution, or amendments thereto or de- concurrent resolution on the budget for (B) the Speaker of the House of Represent- batable motions and appeals in connection atives and the Minority Leader of the House fiscal year 2006 (H. Con. Res. 95); as fol- therewith, under section 310(e) of the Con- of Representatives; and lows: gressional Budget Act of 1974, section 305(b) (C) the Committees on Appropriations of On page 95, strike lines 13 through 21, and (1), (2), and (5), section 305(c), and the limita- the Senate and the House of Representatives. insert the following: tion on debate in section 310(e)(2) of that (2) EXECUTIVE AGENCIES.—The term ‘‘execu- (f) USE OF EXCESS PROCEEDS.—Any pro- Act, shall not apply to any reconciliation tive agency’’ has the meaning given that ceeds of the auction authorized by section bill or resolution, amendment thereto, or term in section 4 of the Office of Federal 309(j)(15)(C)(v) of the Communications Act of motion thereon that includes reductions in Procurement Policy Act (41 U.S.C. 403). 1934, as added by section 3003 of this Act, revenue or increases in spending that would cause an on-budget deficit to occur or in- that exceed the sum of the payments made Mr. SUNUNU (for himself from the Fund under subsection (c), the crease the deficit for any fiscal year covered SA 2416. transfer from the Fund under subsection (d), by such bill or resolution. and Mr. SANTORUM) submitted an and any amount made available under sec- (b) GERMANENESS REQUIRED.—Notwith- amendment intended to be proposed by tion 3006 (referred to in this subsection as standing subsection (a), no amendment that him to the bill S. 1932, to provide for ‘‘excess proceeds’’), shall be distributed as is not germane to the provisions of such rec- reconciliation pursuant to section follows: onciliation bill or resolution shall be re- 202(a) of the concurrent resolution on ceived. (1) The first $1,000,000,000 of excess proceeds the budget for fiscal year 2006 (H. Con. shall be transferred to and deposited in the Res. 95); which was ordered to lie on general fund of the Treasury as miscella- the table; as follows: neous receipts. SA 2415 Mr. DURBIN (for himself, (2) After the transfer under paragraph (1), Mr. DORGAN, Mr. LAUTENBERG, Mr. On page 130, after line 25, add the fol- the next $500,000,000 of excess proceeds shall JOHNSON, and Mr. LIEBERMAN) sub- lowing:

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.128 S03NOPT1 S12368 CONGRESSIONAL RECORD — SENATE November 3, 2005 SEC. 6005. ELECTRONIC PRESCRIPTION INCEN- rent resolution on the budget for fiscal funds are appropriated for a demonstration TIVES FOR MEDICAID MANAGED year 2006 (H. Con. Res. 95); as follows: project, the Secretary shall provide to the CARE ORGANIZATIONS. On page 95, after line 21, insert the fol- Committee on Homeland Security and Gov- (a) IN GENERAL.—Section 1903(m)(2)(A) (42 lowing: ernmental Affairs of the Senate and the U.S.C. 1396b(m)(2)(A)) is amended— Committee on Homeland Security of the SEC. 3005A. COMMUNICATION SYSTEM GRANTS. (1) in clause (xi), by striking ‘‘and’’ at the House of Representatives a report on the (a) DEFINITIONS.—In this section— end; demonstration projects under this section. (2) in clause (xii), by striking the period at (1) the term ‘‘demonstration project’’ the end and inserting ‘‘; and’’; and means the demonstration project established under subsection (b)(1); SA 2418. Mr. GREGG (for Mr. SUNUNU (3) by adding at the end the following: (for himself, Mr. DURBIN, Mr. CRAIG, ‘‘(xiii) notwithstanding clause (x), such (2) the term ‘‘Department’’ means the De- Mr. PRYOR, Mr. ISAKSON, Mr. NELSON of contract provides that— partment of Homeland Security; (3) the term ‘‘emergency response pro- ‘‘(I) for each electronic prescription writ- Nebraska, Mr. THUNE, Mr. KERRY, and vider’’ has the meaning given that term in ten by a physician during the period begin- Mr. CHAMBLISS)) proposed an amend- section 2(6) the Homeland Security Act of ning on January 1, 2006, and ending on De- ment to the bill S. 1932, to provide for 2002 (6 U.S.C. 101(6)); and cember 31, 2009, the entity shall make a pay- reconciliation pursuant to section (4) the term ‘‘Secretary’’ means the Sec- ment of an amount equal to— retary of Homeland Security. 202(a) of the concurrent resolution on ‘‘(aa) $1.00, minus (b) IN GENERAL.— the budget for fiscal year 2006 (H. Con. ‘‘(bb) an amount equal to the percentage of (1) ESTABLISHMENT.—There is established Res. 95); as follows: total claims that consist of electronic pre- in the Department an ‘‘International Border scription drug claims under this title by On page 90, between lines 19 and 20, insert Community Interoperable Communications the following: medicaid managed care organizations (as de- Demonstration Project’’. Subtitle D—Adaptive Housing Assistance termined under section 6005(b) of the Deficit (2) MINIMUM NUMBER OF COMMUNITIES.—The Reduction Omnibus Reconciliation Act of Secretary shall select not fewer than 2 com- SEC. 2031. SHORT TITLE. 2005, expressed in cents); munities to participate in a demonstration This subtitle may be cited as the ‘‘Spe- ‘‘(II) for each non-electronic prescription project. cially Adapted Housing Grants Improve- written by a physician during the period de- (3) LOCATION OF COMMUNITIES.—Not fewer ments Act of 2005’’. scribed in subclause (I), the entity shall re- than 1 of the communities selected under SEC. 2032. ADAPTIVE HOUSING ASSISTANCE FOR duce the dispensing fee otherwise applicable paragraph (2) shall be located on the north- DISABLED VETERANS RESIDING by an amount equal to— ern border of the United States and not TEMPORARILY IN HOUSING OWNED ‘‘(aa) $1.00, minus fewer than 1 of the communities selected BY A FAMILY MEMBER. ‘‘(bb) an amount equal to the percentage of under paragraph (2) shall be located on the (a) ASSISTANCE AUTHORIZED.—Chapter 21 of total claims under this title by medicaid southern border of the United States. title 38, United States Code, is amended by managed care organizations that consist of (c) PROJECT REQUIREMENTS.—The dem- inserting after section 2102 the following new non-electronic claims (as so determined and onstration projects shall— section: expressed in cents).’’. (1) address the interoperable communica- ‘‘§ 2102A. Assistance for veterans residing (b) DATA FOR DETERMINING ELECTRONIC tions needs of police officers, firefighters, temporarily in housing owned by a family CLAIMS.— emergency medical technicians, National member (1) IN GENERAL.—For purposes of section Guard, and other emergency response pro- ‘‘(a) ASSISTANCE AUTHORIZED.—If a disabled 1903(m)(2)(A)(xiii) of the Social Security Act viders; veteran described in subsection (a)(2) or (as added by subsection (a)), subject to the (2) foster interoperable communications— (b)(2) of section 2101 of this title resides, but update required under paragraph (2), in de- (A) among Federal, State, local, and tribal does not intend to permanently reside, in a termining the percentage of total claims government agencies in the United States in- residence owned by a member of such vet- that consist of electronic prescription drug volved in preventing or responding to ter- eran’s family, the Secretary may assist the claims by medicaid managed care organiza- rorist attacks or other catastrophic events; veteran in acquiring such adaptations to tions under title XIX of the Social Security and such residence as are determined by the Sec- Act and the percentage of total claims that (B) with similar agencies in Canada and retary to be reasonably necessary because of consist of non-electronic prescription drug Mexico; the veteran’s disability. claims, the Secretary shall use an estimate (3) identify common international cross- ‘‘(b) LIMITATION ON AMOUNT OF ASSIST- of the number of electronic claims and non- border frequencies for communications ANCE.—Subject to section 2102(d) of this title, electronic claims that will be submitted as equipment, including radio or computer mes- the assistance authorized under subsection of January 1, 2006. saging equipment; (a) may not exceed— (2) UPDATE.—For each 6 month period be- (4) foster the standardization of interoper- ‘‘(1) $10,000, in the case of a veteran de- ginning after January 1, 2006, the Secretary able communications equipment; scribed in section 2101(a)(2) of this title; or shall update the estimate of the number of (5) identify solutions that will facilitate ‘‘(2) $2,000, in the case of a veteran de- electronic prescription drug claims and non- communications interoperability across na- scribed in section 2101(b)(2) of this title. electronic prescription drug claims used to tional borders expeditiously; ‘‘(c) LIMITATION ON NUMBER OF RESIDENCES determine the percentage of total claims (6) ensure that emergency response pro- SUBJECT TO ASSISTANCE.—A veteran eligible that consist of such electronic claims and viders can communicate with each another for assistance authorized under subsection the percentage of total claims that consist of and the public at disaster sites or in the (a) may only be provided such assistance such non-electronic claims. event of a terrorist attack or other cata- with respect to 1 residence. (3) MOST RECENT DATA.—To the extent fea- strophic event; ‘‘(d) REGULATIONS.—Assistance under this sible, the Secretary shall use the most re- (7) provide training and equipment to en- section shall be provided in accordance with cent data available, including real-time data able emergency response providers to deal such regulations as the Secretary may pre- on drug claims submitted under title XIX pf with threats and contingencies in a variety scribe. the Social Security Act with respect to med- of environments; and ‘‘(e) TERMINATION OF AUTHORITY.—The au- icaid managed care organizations, to deter- (8) identify and secure appropriate joint- thority to provide assistance under sub- mine the percentage of total claims that use equipment to ensure communications ac- section (a) shall expire at the end of the 5- consist of electronic claims and the percent- cess. year period beginning on the date of enact- age of total claims that consist of non-elec- (d) DISTRIBUTION OF FUNDS.— ment of the Specially Adapted Housing tronic claims. (1) IN GENERAL.—The Secretary shall dis- Grants Improvements Act of 2005.’’. (c) STUDY AND REPORT.—The Comptroller tribute funds under this section to each com- (b) LIMITATIONS ON ADAPTIVE HOUSING AS- General of the United States shall conduct a munity participating in a demonstration SISTANCE.—Section 2102 of such title is study regarding the feasibility of applying project through the State, or States, in amended— electronic prescription incentives similar to which each community is located. (1) in subsection (a), by striking ‘‘The as- the incentives required under section (2) OTHER PARTICIPANTS.—Not later than 60 sistance authorized by section 2101(a)’’ and 1903(m)(2)(A)(xiii) of the Social Security Act days after receiving funds under paragraph all that follows through ‘‘any one case—’’ (as added by subsection (a)) to fee-for-service (1), a State receiving funds under this sec- and inserting ‘‘Subject to subsection (d), the Medicaid. Not later than January 1, 2007, the tion shall make the funds available to the assistance authorized under section 2101(a) of Comptroller General shall submit a report to local governments and emergency response this title shall be afforded under 1 of Congress on the results of the study con- providers participating in a demonstration the following plans, at the election of the ducted under this subsection. project selected by the Secretary. (e) FUNDING.—Amounts made available veteran—’’; from the interoperability fund under section (2) by amending subsection (b) to read as SA 2417. Mr. GREGG (for Mr. LEVIN) 3005(c)(3) shall be available to carry out this follows: proposed an amendment to the bill S. section without appropriation. ‘‘(b) Subject to subsection (d), and except 1932, to provide for reconciliation pur- (f) REPORTING.—Not later than December as provided in section 2104(b) of this title, suant to section 202(a) of the concur- 31, 2005, and each year thereafter in which the assistance authorized by section 2101(b)

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.129 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12369

of this title may not exceed the actual cost, ‘‘(II) MAINTENANCE AND SERVICING.—In the ‘‘(i) which is performed more frequently or in the case of a veteran acquiring a resi- case of a power-driven wheelchair for which than is provided for under section dence already adapted with special features, a purchase agreement has been entered into 1861(s)(2)(AA); or the fair market value, of the adaptations de- under subclause (I), maintenance and serv- ‘‘(ii) which is performed by an individual or termined by the Secretary under such sec- icing payments shall, if the Secretary deter- diagnostic laboratory that does not meet tion 2101(b) to be reasonably necessary.’’; and mines such payments are reasonable and quality assurance standards that the Sec- (3) by adding at the end the following new necessary, be made (for parts and labor not retary, in consultation with national med- subsection: covered by the supplier’s or manufacturer’s ical, vascular technologist and sonographer ‘‘(d)(1) The aggregate amount of assistance warranty, as determined by the Secretary to societies, shall establish, including with re- available to a veteran under sections 2101(a) be appropriate), and such payments shall be spect to individuals performing ultrasound and 2102A of this title shall be limited to in an amount determined to be appropriate screening for abdominal aortic aneurysm $50,000. by the Secretary.’’. (other than physicians) and diagnostic lab- ‘‘(2) The aggregate amount of assistance (b) EFFECTIVE DATE.—The amendments oratories, that the individual or laboratory available to a veteran under sections 2101(b) made by subsection (a) shall apply to items is certified by the appropriate State licens- and 2102A of this title shall be limited to the furnished on or after October 1, 2006. ing or certification agency or, in the case of lesser of— SEC. 6117. MEDICARE COVERAGE OF a service performed in a State that does not ‘‘(A) the sum of the cost or fair market ULTRASOUND SCREENING FOR AB- license or certify such individuals or labora- value described in section 2102(b) of this title DOMINAL AORTIC ANEURYSMS; NA- tories, by a national certification or accredi- and the actual cost of acquiring the adapta- TIONAL EDUCATIONAL AND INFOR- tation organization recognized by the Sec- MATION CAMPAIGN. tions described in subsection (a); and retary;’’. (a) IN GENERAL.—Section 1861 (42 U.S.C. ‘‘(B) $10,000. (e) NON-APPLICATION OF PART B DEDUCT- 1395x) is amended— ‘‘(3) No veteran may receive more than 3 IBLE.—Section 1833(b) (42 U.S.C. 1395l(b)) is grants of assistance under this chapter.’’. (1) in subsection (s)(2)— amended in the first sentence— (c) CLERICAL AMENDMENT.—The table of (A) by striking ‘‘and’’ at the end of sub- (1) by striking ‘‘and (6)’’ and inserting sections at the beginning of such chapter of paragraph (Y); ‘‘(6)’’; and such title is amended by inserting after the (B) by adding ‘‘and’’ at the end of subpara- (2) by inserting ‘‘, and (7) such deductible item relating to section 2102 the following: graph (Z); and shall not apply with respect to ultrasound ‘‘2102A. Assistance for veterans residing tem- (C) by adding at the end the following new screening for abdominal aortic aneurysm (as porarily in housing owned by subparagraph: defined in section 1861(bbb))’’ before the pe- family member.’’. ‘‘(AA) ultrasound screening for abdominal riod at the end. SEC. 2033. GAO REPORTS. aortic aneurysm (as defined in subsection (f) NATIONAL EDUCATIONAL AND INFORMA- (a) INTERIM REPORT.—Not later than 3 (bbb)) for an individual— TION CAMPAIGN.— years after the date of enactment of this ‘‘(i) who receives a referral for such an (1) IN GENERAL.—After consultation with Act, the Comptroller General of the United ultrasound screening as a result of an initial national medical, vascular technologist, and States shall submit to Congress an interim preventive physical examination (as defined sonographer societies, the Secretary of report on the implementation of section in section 1861(ww)(1)); Health and Human Services shall carry out a 2102A of title 38, United States Code (as ‘‘(ii) who has not been previously furnished national education and information cam- added by section 2(a)), by the Department of such an ultrasound screening under this paign to promote awareness among health Veterans Affairs. title; and care practitioners and the general public (b) FINAL REPORT.—Not later than 5 years ‘‘(iii) who— with respect to the importance of early de- after the date of enactment of this Act, the ‘‘(I) has a family history of abdominal aor- tection and treatment of abdominal aortic Comptroller General of the United States tic aneurysm; or aneurysms. shall submit to Congress a final report on ‘‘(II) manifests risk factors included in a (2) USE OF FUNDS.—The Secretary may use the implementation of such section 2102A by beneficiary category (not including cat- amounts appropriated pursuant to this sub- the Department of Veterans Affairs. egories related to age) recommended for section to make grants to national medical, On page 166, strike lines 12 through 15 and screening by the United States Preventive vascular technologist, and sonographer soci- insert the following: Services Task Force regarding abdominal eties (in accordance with procedures and cri- ‘‘(A) for fiscal year 2006, $50,000,000; aortic aneurysms;’’; and teria specified by the Secretary) to enable ‘‘(B) for each of fiscal years 2007 and 2008, (2) by adding at the end the following new them to educate practitioners and providers $49,000,000; subsection: about matters relating to such aneurysms. ‘‘(C) for each of fiscal years 2009 and 2010, ‘‘Ultrasound Screening for Abdominal Aortic (3) AUTHORIZATION OF APPROPRIATIONS.— $74,000,000; and Aneurysm There is authorized to be appropriated for ‘‘(D) for fiscal year 2011 and each fiscal ‘‘(bbb) The term ‘ultrasound screening for fiscal year 2006 and each fiscal year there- year thereafter, $75,000,000. abdominal aortic aneurysm’ means— after such sums as may be necessary to carry SA 2419. Mr. SANTORUM (for him- ‘‘(1) a procedure using sound waves (or out this subsection. such other procedures using alternative (g) EFFECTIVE DATE.—The amendments self, Mr. BUNNING, Mr. THOMAS, Mr. technologies, of commensurate accuracy and made by this section shall apply to VOINOVICH, Mr. LIEBERMAN, Mr. DODD, cost, that the Secretary may specify) pro- ultrasound screenings for abdominal aortic Mr. ROCKEFELLER, Ms. LANDRIEU, and vided for the early detection of abdominal aneurysm performed on or after January 1, Mr. CONRAD) proposed an amendment aortic aneurysm; and 2007. to the bill S. 1932, to provide for rec- ‘‘(2) includes a physician’s interpretation SEC. 6118. IMPROVING PATIENT ACCESS TO, AND of the results of the procedure.’’. UTILIZATION OF, COLORECTAL CAN- onciliation pursuant to section 202(a) CER SCREENING UNDER MEDICARE. of the concurrent resolution on the (b) INCLUSION OF ULTRASOUND SCREENING FOR ABDOMINAL AORTIC ANEURYSM IN SCREEN- (a) INCREASE IN PART B REIMBURSEMENT FOR budget for fiscal year 2006 (H. Con. Res. ING SERVICES FOR WHICH EDUCATION, COUN- COLORECTAL CANCER SCREENING AND DIAG- 95); as follows: SELING, AND REFERRAL IS PROVIDED FOR NOSTIC TESTS.— On page 368, between lines 5 and 6, insert UNDER BENEFITS FOR INITIAL PREVENTIVE (1) IN GENERAL.—Section 1834(d) (42 U.S.C. the following: PHYSICAL EXAMINATION.—Section 1861(ww)(2) 1395m(d)) is amended by adding at the end SEC. 6116. TECHNICAL CORRECTION REGARDING (42 U.S.C. 1395x(ww)(2)) is amended by adding the following new paragraph: PURCHASE AGREEMENTS FOR at the end the following new subparagraph: ‘‘(4) ENHANCED PART B PAYMENT FOR POWER-DRIVEN WHEELCHAIRS. ‘‘(L) Ultrasound screening for abdominal COLORECTAL CANCER SCREENING AND DIAG- (a) IN GENERAL.—Section 1834(a)(7)(A) (42 aortic aneurysm as defined in section NOSTIC TESTS.— U.S.C. 1395m(a)(7)(A)), as amended by section 1861(bbb).’’. ‘‘(A) NONFACILITY RATES.—Notwithstanding 6109 of this Act, is amended— (c) PAYMENT FOR ULTRASOUND SCREENING paragraphs (2)(A) and (3)(A), the Secretary (1) in clause (i)(I), by striking ‘‘Payment’’ FOR ABDOMINAL AORTIC ANEURYSM.—Section shall establish national minimum payment and inserting ‘‘Except as provided in clause 1848(j)(3) (42 U.S.C. 1395w–4(j)(3)) is amended amounts for CPT codes 45378, 45380, and 45385, (iii), payment’’; and by inserting ‘‘(2)(AA),’’ after ‘‘(2)(W),’’. and HCPCS codes G0105 and GO121 for items (2) by adding at the end the following new (d) FREQUENCY AND QUALITY STANDARDS.— and services furnished on or after January 1, clause: Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) is 2007, which reflect a 5-percent increase above ‘‘(iii) PURCHASE AGREEMENT OPTION FOR amended— the relative value units in effect as the non- POWER-DRIVEN WHEELCHAIRS.— (1) by striking ‘‘and’’ at the end of subpara- facility rates for such codes on December 31, ‘‘(I) IN GENERAL.—In the case of a power- graph (L); 2006, with such revised payment level to driven wheelchair, at the time the supplier (2) by striking the semicolon at the end of apply to items and services performed in a furnishes the item, the supplier shall offer subparagraph (M) and inserting ‘‘, and’’; and nonfacility setting. the individual the option to purchase the (3) by adding at the end the following new ‘‘(B) FACILITY RATES.—Notwithstanding item, and payment for such item shall be subparagraph: paragraphs (2)(A) and (3)(A), the Secretary made on a lump-sum basis if the individual ‘‘(N) in the case of ultrasound screening for shall establish national minimum payment exercises such option. abdominal aortic aneurysm— amounts for CPT codes 45378, 45380, and 45385,

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.130 S03NOPT1 S12370 CONGRESSIONAL RECORD — SENATE November 3, 2005 and HCPCS codes G0105 and GO121 for items (B) by inserting before the period at the amounts with respect to the furnishing of and services furnished on or after January 1, end the following: ‘‘, and (8) such deductible such services. 2007, which reflect a 5-percent increase above shall not apply with respect to colorectal ‘‘(4) The term ‘mental health counselor’ the relative value units in effect as the facil- cancer screening tests (as described in sec- means an individual who— ity rates for such codes on December 31, 2006, tion 1861(pp)(1))’’. ‘‘(A) possesses a master’s or doctor’s de- with such revised payment level to apply to (2) CONFORMING AMENDMENTS.—Paragraphs gree in mental health counseling or a related items and services performed in a facility (2)(C)(ii) and (3)(C)(ii) of section 1834(d) (42 field; setting. U.S.C. 1395m(d)) are each amended— ‘‘(B) after obtaining such a degree has per- ‘‘(C) ANNUAL ADJUSTMENTS.—In the case of (A) by striking ‘‘DEDUCTIBLE AND’’ in the formed at least 2 years of supervised mental items and services furnished on or after Jan- heading; and health counselor practice; and uary 1, 2007, the payment rates described in (B) in subclause (I), by striking ‘‘deduct- ‘‘(C) in the case of an individual per- subparagraphs (A) and (B) shall, subject to ible or’’ each place it appears. forming services in a State that provides for the minimum payment amounts established (3) EFFECTIVE DATE.—The amendments licensure or certification of mental health in such subparagraphs, be adjusted annually made by this subsection shall apply to items counselors or professional counselors, is li- as provided in section 1848.’’. and services furnished on or after January 1, censed or certified as a mental health coun- (2) NO EFFECT ON HOPD PAYMENTS.—The 2007. selor or professional counselor in such State.’’. Secretary shall not take into account the SEC. 6119. COVERAGE OF MARRIAGE AND FAMILY provisions of section 1834(d)(4) of the Social THERAPIST SERVICES AND MENTAL (3) PROVISION FOR PAYMENT UNDER PART Security Act, as added by subsection (a), in HEALTH COUNSELOR SERVICES B.—Section 1832(a)(2)(B) (42 U.S.C. determining the amount of payment for any UNDER PART B OF THE MEDICARE 1395k(a)(2)(B)) is amended by adding at the covered OPD service under the prospective PROGRAM. end the following new clause: payment system for hospitals outpatient de- (a) COVERAGE OF SERVICES.— ‘‘(v) marriage and family therapist services partment services under section 1833(t) of (1) IN GENERAL.—Section 1861(s)(2) (42 and mental health counselor services;’’. such Act (42 U.S.C. 1395l(t)). U.S.C. 1395x(s)(2)), as amended by section (4) AMOUNT OF PAYMENT.—Section 1833(a)(1) (b) MEDICARE COVERAGE OF OFFICE VISIT OR 6118(b), is amended— (42 U.S.C. 1395l(a)(1)), as amended by section CONSULTATION PRIOR TO A SCREENING (A) in subparagraph (AA), by striking 6118, is amended— COLONOSCOPY OR IN CONJUNCTION WITH A ‘‘and’’ after the semicolon at the end; (A) by striking ‘‘and (W)’’ and inserting BENEFICIARY’S DECISION TO OBTAIN SUCH A (B) in subparagraph (BB), by inserting ‘‘(W)’’; and SCREENING.— ‘‘and’’ after the semicolon at the end; and (B) by inserting before the semicolon at (1) COVERAGE.—Section 1861(s)(2) (42 U.S.C. (C) by adding at the end the following new the end the following: ‘‘, and (X) with respect 1395x(s)(2)), as amended by section 6117, is subparagraph: to marriage and family therapist services amended— ‘‘(CC) marriage and family therapist serv- and mental health counselor services under (A) in subparagraph (Z), by striking ‘‘and’’ ices (as defined in subsection (ccc)(1)) and section 1861(s)(2)(CC), the amounts paid shall at the end; mental health counselor services (as defined be 80 percent of the lesser of the actual (B) in subparagraph (AA), by inserting in subsection (ccc)(3));’’. charge for the services or 75 percent of the ‘‘and’’ at the end; and (2) DEFINITIONS.—Section 1861 (42 U.S.C. amount determined for payment of a psy- (C) by adding at the end the following new 1395x), as amended by section 6117, is amend- chologist under subparagraph (L)’’. subparagraph: ed by adding at the end the following new (5) EXCLUSION OF MARRIAGE AND FAMILY ‘‘(BB) an outpatient office visit or con- subsection: THERAPIST SERVICES AND MENTAL HEALTH sultation for the purpose of beneficiary edu- COUNSELOR SERVICES FROM SKILLED NURSING ‘‘Marriage and Family Therapist Services; cation, assuring selection of the proper FACILITY PROSPECTIVE PAYMENT SYSTEM.— screening test, and securing information re- Marriage and Family Therapist; Mental Section 1888(e)(2)(A)(ii) (42 U.S.C. lating to the procedure and sedation of the Health Counselor Services; Mental Health 1395yy(e)(2)(A)(ii)) is amended by inserting beneficiary, prior to a colorectal cancer Counselor ‘‘marriage and family therapist services (as screening test consisting of a screening ‘‘(ccc)(1) The term ‘marriage and family defined in section 1861(ccc)(1)), mental health colonoscopy or in conjunction with the bene- therapist services’ means services performed counselor services (as defined in section ficiary’s decision to obtain such a screening, by a marriage and family therapist (as de- 1861(ccc)(3)),’’ after ‘‘qualified psychologist regardless of whether such screening is medi- fined in paragraph (2)) for the diagnosis and services,’’. cally indicated with respect to the bene- treatment of mental illnesses, which the (6) INCLUSION OF MARRIAGE AND FAMILY ficiary;’’. marriage and family therapist is legally au- THERAPISTS AND MENTAL HEALTH COUNSELORS (2) PAYMENT.— thorized to perform under State law (or the AS PRACTITIONERS FOR ASSIGNMENT OF (A) IN GENERAL.—Section 1833(a)(1) (42 State regulatory mechanism provided by CLAIMS.—Section 1842(b)(18)(C) (42 U.S.C. U.S.C. 1395l(a)(1)) is amended— State law) of the State in which such serv- 1395u(b)(18)(C)) is amended by adding at the (i) by striking ‘‘and’’ before ‘‘(V)’’; and ices are performed, as would otherwise be end the following new clauses: (ii) by inserting before the semicolon at covered if furnished by a physician or as an ‘‘(vii) A marriage and family therapist (as the end the following: ‘‘, and (W) with re- incident to a physician’s professional serv- defined in section 1861(ccc)(2)). spect to an outpatient office visit or con- ice, but only if no facility or other provider ‘‘(viii) A mental health counselor (as de- sultation under section 1861(s)(2)(BB), the charges or is paid any amounts with respect fined in section 1861(ccc)(4)).’’. amounts paid shall be 80 percent of the lesser to the furnishing of such services. (b) COVERAGE OF CERTAIN MENTAL HEALTH of the actual charge or the amount estab- ‘‘(2) The term ‘marriage and family thera- SERVICES PROVIDED IN CERTAIN SETTINGS.— lished under section 1848’’. pist’ means an individual who— (1) RURAL HEALTH CLINICS AND FEDERALLY (B) PAYMENT UNDER PHYSICIAN FEE SCHED- ‘‘(A) possesses a master’s or doctoral de- QUALIFIED HEALTH CENTERS.—Section ULE.—Section 1848(j)(3) (42 U.S.C. 1395w– gree which qualifies for licensure or certifi- 1861(aa)(1)(B) (42 U.S.C. 1395x(aa)(1)(B)) is 4(j)(3)), as amended by section 6117, is amend- cation as a marriage and family therapist amended by striking ‘‘or by a clinical social ed by inserting ‘‘(2)(BB),’’ after ‘‘(2)(AA),’’. pursuant to State law; worker (as defined in subsection (hh)(1)),’’ and inserting ‘‘, by a clinical social worker (C) REQUIREMENT FOR ESTABLISHMENT OF ‘‘(B) after obtaining such degree has per- (as defined in subsection (hh)(1)), by a mar- PAYMENT AMOUNT UNDER PHYSICIAN FEE formed at least 2 years of clinical supervised riage and family therapist (as defined in sub- SCHEDULE.—Section 1834(d) (42 U.S.C. experience in marriage and family therapy; 1395m(d)), as amended by subsection (a), is and section (ccc)(2)), or by a mental health coun- amended by adding at the end the following ‘‘(C) in the case of an individual per- selor (as defined in subsection (ccc)(4)),’’. new paragraph: forming services in a State that provides for (2) HOSPICE PROGRAMS.—Section 1861(dd)(2)(B)(i)(III) (42 U.S.C. ‘‘(5) PAYMENT FOR OUTPATIENT OFFICE VISIT licensure or certification of marriage and 1395x(dd)(2)(B)(i)(III)) is amended by insert- OR CONSULTATION PRIOR TO SCREENING family therapists, is licensed or certified as ing ‘‘or one marriage and family therapist COLONOSCOPY.—With respect to an outpatient a marriage and family therapist in such office visit or consultation under section State. (as defined in subsection (bbb)(2))’’ after ‘‘so- 1861(s)(2)(BB), payment under section 1848 ‘‘(3) The term ‘mental health counselor cial worker’’. (c) EFFECTIVE DATE.—The amendments shall be consistent with the payment services’ means services performed by a men- made by this section shall apply with respect amounts for CPT codes 99203 and 99243.’’. tal health counselor (as defined in paragraph (4)) for the diagnosis and treatment of men- to services furnished on or after January 1, (3) EFFECTIVE DATE.—The amendments 2007. made by this subsection shall apply to items tal illnesses which the mental health coun- and services provided on or after January 1, selor is legally authorized to perform under SA 2420. Mr. GREGG (for Mr. State law (or the State regulatory mecha- 2007. SUNUNU) proposed an amendment to (c) WAIVER OF DEDUCTIBLE FOR COLORECTAL nism provided by the State law) of the State the bill S. 1932, to provide for reconcili- CANCER SCREENING TESTS.— in which such services are performed, as (1) IN GENERAL.—Section 1833(b) (42 U.S.C. would otherwise be covered if furnished by a ation pursuant to section 202(a) of the 1395l(b)), as amended by section 6117, is physician or as incident to a physician’s pro- concurrent resolution on the budget for amended in the first sentence— fessional service, but only if no facility or fiscal year 2006 (H. Con. Res. 95); as fol- (A) by striking ‘‘and’’ before ‘‘(7)’’; and other provider charges or is paid any lows:

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.130 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12371 On page 94, line 7, after ‘‘(1)’’ insert ‘‘not to Federal upper payment limits that apply mined, to conduct a vote on the nomi- exceed’’. under section 447.332 of title 42, Code of Fed- nation of Mr. Matthew Slaughter, of On page 94, line 13, after ‘‘(2)’’ insert ‘‘not eral Regulations, use average wholesale New Hampshire, to be a member of the to exceed’’. prices, direct prices, and wholesale acquisi- Council of Economic Advisers; Ms. On page 94, line 19, after ‘‘(3)’’ insert ‘‘not tion costs for such drugs that do not exceed to exceed’’. such prices and costs as of such date to de- Katherine Baicker, of New Hampshire, On page 95, line 1, after ‘‘(4)’’ insert ‘‘not to termine the Federal upper payment limits to be a member of the Council of Eco- exceed’’. that apply under section 447.332 of title 42, nomic Advisers; Mr. Orlando J. On page 95, line 4, after ‘‘(5)’’ insert ‘‘not to Code of Federal Regulations to such drugs Cabrera, of Florida, to be an Assistant exceed’’. during such period. Secretary of Housing and Urban Devel- On page 95, beginning in line 10, strike (2) APPLICATION TO NEW DRUGS.—Paragraph opment; Ms. Gigi Hyland, of Virginia, ‘‘The amounts payable’’ and insert ‘‘Any (1)(A) shall apply to a covered outpatient to be a member of the National Credit amounts that are to be paid’’. drug under title XIX of the Social Security Union Administration Board; and Mr. On page 95, line 12, after the period insert Act that is first marketed after July 1, 2005, ‘‘Any amount in the Fund that is not obli- but before the date on which a positive cer- Rodney E. Hood, of North Carolina, to gated under subsection (c) by that date shall tification is made by the Secretary under be a member of the National Credit be transferred to the general fund of the subsection (b)(4)(B)(ii), and is subject to the Union Administration Board. Treasury.’’. Federal upper payment limit established The PRESIDING OFFICER. Without under section 447.332(b) of title 42, Code of objection, it is so ordered. SA 2421. Mr. BURNS (for himself and Federal Regulations. COMMITTEE ON THE JUDICIARY Mr. BROWNBACK) submitted an amend- Mr. GREGG. Mr. President, I ask SA 2422. Mr. CONRAD (for himself ment intended to be proposed by him unanimous consent that the Com- and Mr. SALAZAR) proposed an amend- to the bill S. 1932, to provide for rec- mittee on the Judiciary be authorized onciliation pursuant to section 202(a) ment to the bill S. 1932, to provide for reconciliation pursuant to section to meet to conduct a markup on Thurs- of the concurrent resolution on the day, November 3, 2005 at 12:15 p.m. in budget for fiscal year 2006 (H. Con. Res. 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Senate Dirksen Office Building Room 95); which was ordered to lie on the 226. table; as follows: Res. 95); as follows: On page 122, strike line 23 and all that fol- On page 121, after line 25, add the fol- Agenda lows through page 124, line 10, and insert the lowing: I. Nominations: Wan Kim, to be an following: ‘‘(5) RULES APPLICABLE TO CRITICAL ACCESS Assistant Attorney General, Civil RETAIL PHARMACIES.— (3) EFFECTIVE DATE.—The amendments Rights Division; Steven G. Bradbury, made by this subsection take effect with re- ‘‘(A) REIMBURSEMENT LIMITS.—Notwith- standing paragraph (2)(A), in the case of a to be an Assistant Attorney General spect to a State on the date on which a posi- for the Office of Legal Counsel; Sue tive certification is made by the Secretary critical access retail pharmacy (as defined in under paragraph (4)(B)(ii). subparagraph (C)), the upper payment Ellen Wooldridge, to be an Assistant (4) PHARMACY REIMBURSEMENT STUDY.— limit— Attorney General, Environment and (A) STUDY AND REPORT.— ‘‘(i) for the ingredient cost of a single Natural Resources Division; Thomas O. (i) STUDY.—The Secretary shall conduct a source drug, is the lesser of— Barnett, to be an Assistant Attorney pharmacy reimbursement study comparing ‘‘(I) 108 percent of the average manufac- General, Antitrust Division; James turer price for the drug; or weighted AMP (as determined under section O’Gara, to be Deputy Director for Sup- 1927(k)(1)(C) of the Social Security Act, as ‘‘(II) the wholesale acquisition cost for the drug; and ply Reduction, Office of National Drug added by subsection (a)) to actual retail Control Policy; Emilio Gonzalez, to be pharmacy acquisition costs and the cost of ‘‘(ii) for the ingredient cost of a multiple dispensing a prescription. The study shall in- source drug, is the lesser of— Director of the Bureau of Citizenship clude an analysis of the range in variation ‘‘(II) 140 percent of the weighted average and Immigration Services, Department that can occur related to acquisition and dis- manufacturer price for the drug; or of Homeland Security; Julie L. Myers, pensing costs with respect to chain and inde- ‘‘(II) the wholesale acquisition cost for the to be an Assistant Secretary of Home- pendent rural and urban pharmacies. drug. land Security. (ii) REPORT.—Not later than October 1, ‘‘(B) APPLICATION OF OTHER PROVISIONS.— II. Bills: S. 1088, Streamline Proce- 2006, the Secretary shall submit a report to The preceding provisions of this subsection shall apply with respect to reimbursement to dures Act of 2005; Kyl, Cornyn, Grass- Congress on the results of the study con- ley, Hatch; S. 1789, Personal Data Pri- ducted under this subparagraph that in- a critical access retail pharmacy in the same cludes recommendations on dispensing fee manner as such provisions apply to reim- vacy and Security Act of 2005; Specter, levels that would adequately reimburse phar- bursement to other retail pharmacies except Leahy, Feinstein, Feingold; S. 751, No- macies and encourage the use of cost-effec- that, in establishing the dispensing fee for a tification of Risk to Personal Data tive generic drugs when appropriate. critical access pharmacy the Secretary, in Act, Feinstein, Kyl; S. 1699, Stop Coun- (B) CERTIFICATION.— addition to the factors required under para- terfeiting in Manufactured Goods Act, (i) DETERMINATION.—Upon review of the graph (4), shall include consideration of the Specter, Leahy, Hatch, DeWine, findings of the study conducted under sub- costs associated with operating a critical ac- cess retail pharmacy. Cornyn, Brownback, Feingold, Durbin, paragraph (A), the Secretary shall make a Kyl; S. 1095, Protecting American determination as to whether the amend- ‘‘(C) CRITICAL ACCESS RETAIL PHARMACY DE- ments made by this subsection would have a FINED.—For purposes of subparagraph (A), Goods and Services Act of 2005, Cornyn, negative impact on access to healthcare. the term ‘critical access retail pharmacy’ Leahy; H.R. 683, Trademark Dilution (ii) POSITIVE CERTIFICATION.—If the Sec- means an retail pharmacy that is not within Revision Act of 2005, Smith—TX; S. retary makes a determination under clause a 20-mile radius of another retail phar- 1787, Relief to Victims of Hurricane (i) that the amendments made by this sub- macy.’’. Katrina and Other Natural Disaster section will not have such negative impact, (2) INCREASE IN BASIC REBATE FOR SINGLE Act of 2005, Vitter, Grassley, Cornyn, the Secretary shall submit a positive certifi- SOURCE DRUGS AND INNOVATOR MULTIPLE SOURCE DRUGS.—Section 1927(c)(1)(B)(i)(VI) DeWine; S. 1647, Hurricane Katrina cation to that effect. Bankruptcy Relief and Community (c) INTERIM UPPER PAYMENT LIMIT.— (42 U.S.C. 1396r–8(c)(1)(B)(i)(VI), as added by (1) IN GENERAL.—With respect to a State section 6002(a)(3), is amended by striking Protection Act of 2005, Feingold, program under title XIX of the Social Secu- ‘‘17’’ and inserting ‘‘18.1’’. Leahy, Durbin, Kennedy, Feinstein. rity Act, during the period that begins on f The PRESIDING OFFICER. Without January 1, 2006, and ends on the date on objection, it is so ordered. AUTHORITY FOR COMMITTEES TO which a positive certification is made by the f Secretary under subsection (b)(4)(B)(ii), the MEET Secretary shall— COMMITTEE ON BANKING, HOUSING, AND URBAN PRIVILEGES OF THE FLOOR (A) apply the Federal upper payment limit AFFAIRS Mr. LEAHY. Mr. President, I ask established under section 447.332(b) of title Mr. GREGG. Mr. President, I ask unanimous consent that Molly Barrett 42, Code of Federal Regulations to the State unanimous consent that the Com- of my staff be given the privilege of the by substituting ‘‘125 percent’’ for ‘‘150 per- cent’’; and mittee on Banking, Housing, and floor throughout the day and the votes (B) in the case of covered outpatient drugs Urban Affairs be authorized to meet that occur today. under title XIX of such Act that are mar- during the session of the Senate on No- The PRESIDENT pro tempore. With- keted as of July 1, 2005, and are subject to vember 3, 2005, at a time to be deter- out objection, it is so ordered.

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.131 S03NOPT1 S12372 CONGRESSIONAL RECORD — SENATE November 3, 2005 MEASURE READ THE FIRST close friend was adopted, has adopted a child, From January 6, 1987, to December TIME—S. 1960 or has placed a child for adoption; 31, 1990, Henry served as the Senate’s Whereas every day loving and nurturing Mr. FRIST. Mr. President, I under- Sergeant at Arms, ably managing a families are formed when committed and budget of nearly $120 million, over- stand there is a bill at the desk. I ask dedicated individuals make an important dif- for its first reading. ference in the life of a child through adop- seeing a staff of more than 2,000, and The PRESIDING OFFICER. The tion; and supervising support services, which in- clerk will report. Whereas on November 4, 2004, the President cluded law enforcement and tele- The assistant legislative clerk read proclaimed November 2004 as National Adop- communications. More importantly, as the first person as follows: tion Month: Now, therefore, be it Resolved, That the Senate recognizes No- of color and the first person of Polyne- A bill (S. 1960) to protect the health and vember 2005 as National Adoption Month. sian ancestry to serve in this position, safety of all athletes, to promote the integ- he left an indelible mark during his rity of professional sports by establishing f minimum standards for the testing of HENRY KU’UALOHA GIUGNI, tenure by promoting minorities and women. He appointed the first minor- steroids and other performance-enhancing FORMER SERGEANT-AT-ARMS substances and methods by professional ity, an African-American man, to lead sports leagues, and for other purposes. Mr. FRIST. Mr. President, I ask the Sergeant at Arms’ Service Depart- Mr. FRIST. I ask for its second read- unanimous consent that the Senate ment, and he was the first to assign ing and, in order to place the bill on proceed to the immediate consider- women to the Capitol Police plain- the calendar under the provisions of ation of S. Res. 300 submitted earlier clothes unit. rule XIV, I object to my own request. today. His special interest in people with The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The disabilities resulted in a major expan- tion is heard. clerk will report the resolution by sion of the Special Services Office, The bill will be read a second time on title. which now conducts tours of the U.S. the next legislative day. The assistant legislative clerk read Capitol for the blind, deaf, and wheel- as follows: chair-bound, and publishes Senate f A resolution (S. Res. 300) relative to the maps and documents in Braille. NATIONAL ADOPTION MONTH death of Henry Ku’ualoha Giugni, former In 1991, Henry joined Cassidy & Asso- Mr. FRIST. Mr. President, I ask Sergeant-at-Arms of the United States Sen- ciates, one of Washington’s leading ate. unanimous consent the Senate proceed public policy consulting firms. With his intimate knowledge of Hawaii and to the immediate consideration of S. There being no objection, the Senate Washington, and with a vast network Res. 299 submitted earlier today. proceeded to consider the resolution. of contacts that spanned the entire The PRESIDING OFFICER. The Mr. INOUYE. Mr. President, I am country and crossed party lines, Henry clerk will report the resolution by deeply saddened to inform my col- was able to continue his support for title. leagues that at 3:30 this morning, my policies that he believed best served The assistant legislative clerk read friend and colleague, Henry Giugni, the Nation. as follows: passed away at Shady Grove Adventist Hospital in Rockville, MD. His passing Even as a high-powered vice chair- A resolution (S. Res. 299) to express the man of Cassidy & Associates, Henry support for the goals of National Adoption is a great loss for the people of Hawaii, the United States, and the Senate, an continued to describe himself as ‘‘just Month by promoting national awareness of a poor Hawaiian boy.’’ Henry’s soul was adoption, celebrating children and families institution he loved dearly, and in involved in adoption, and encouraging Amer- which he served as its 30th Sergeant at very much Hawaiian, but he was never icans to secure safety, permanency, and well- Arms for 4 years, beginning on January poor in experience, generosity of the being for all children. 6, 1987. heart, or patriotism. There being no objection, the Senate I had the privilege of knowing Henry After the attack on Pearl Harbor, he proceeded to consider the resolution. for nearly 50 years, beginning in 1956 enlisted in the Army at the age of 16, and saw combat at Guadalcanal. He Mr. FRIST. I ask unanimous consent when he joined my re-election cam- was part of the Hawaii delegation that that the resolution be agreed to, the paign to the Hawaii Territorial House greeted then-Vice President Lyndon preamble be agreed to, the motion to of Representatives. We quickly forged Baines Johnson in the islands just be- reconsider be laid upon the table, and an unbreakable bond. fore the start of the Cuban missile cri- any statements relating thereto be With his tireless work, dedication, sis. As a staunch support of civil printed in the RECORD. and loyalty, he proved invaluable as rights, he carried the Hawaii flag and The PRESIDING OFFICER. Without the top aide on my staff when I served marched with Dr. Martin Luther King objection, it is so ordered. as a Hawaii legislator, U.S. Represent- in Selma, AL. The resolution (S. Res. 299) was ative, and U.S. Senator. He volunteered to drive Senator ED- agreed to. His keen political instincts also WARD KENNEDY following the assassina- The preamble was agreed to. made him invaluable on campaigns, tion of his brother, President John F. The resolution, with its preamble, and beginning with my first congres- Kennedy. Henry was also a member of reads as follows: sional race in 1959, when I successfully one of the first official delegations that S. RES. 299 ran to be the State of Hawaii’s first traveled to the People’s Republic of Whereas there are approximately 532,000 U.S. Representative, he coordinated China following President Nixon’s his- children in the foster care system in the my campaign activities on all of Ha- toric visit. United States, approximately 129,000 of waii’s islands. As Senate Sergeant at Arms, he pre- whom are waiting to be adopted; And, I am proud to say, I once sided over the inauguration of Presi- Whereas the average length of time a child anointed Henry as ‘‘the supreme com- dent George H.W. Bush, and escorted in foster care remains in foster care is al- mander of Hawaiian politics’’ in rec- numerous foreign dignitaries, includ- most 3 years; ognition of his political acumen and Whereas for many foster children, the wait ing Nelson Mandela, Margaret Thatch- for a loving family in which they are nur- skill as a political strategist. It was an er, and Vaclav Havel, when they visited tured, comforted, and protected is endless; unofficial title that Henry relished. the U.S. Capitol. Whereas every year 25,000 children ‘‘age Henry also enjoyed being called ‘‘Dr. Indeed, for a ‘‘poor Hawaiian boy’’ out’’ of foster care by reaching adulthood Giugni.’’ Circumstances prevented him who was born in Hawaii in 1925 to Al- without being placed in a permanent home; from receiving his undergraduate de- fred Giugni and Kealoha Hookano, Whereas, since 1987, the number of annual gree, but 2 years ago, the University of Henry has done much on the national adoptions has ranged from 118,000 to 127,000; Hawaii at Hilo conferred upon him an stage since his days when he studied at Whereas approximately 2,100,000 children honorary doctorate of humane letters Hanahauoli School, Iolani School, and in the United States live with adoptive par- ents; for his exemplary service to the State the University of Hawaii at Manoa, and Whereas approximately 6 of every 10 Amer- of Hawaii and the Nation, and for serv- when he worked as a Honolulu fire- icans have been touched personally by adop- ing as a role model for Native Hawai- fighter, police officer, and liquor in- tion in that they, a family member, or a ians. It was an honor he truly deserved. spector.

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.116 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — SENATE S12373 However, while he was an acquaint- inated him to this most important po- Pearl Harbor, and served in combat at the ance of Presidents and kings, his heart sition, and I was even more pleased and Battle of Guadalcanal during World War II; was always with the native people of proud of the work he had performed Whereas Henry Giugni began his service in Hawaii, who are still struggling for while there. the Senate in 1963 as Senior Executive As- sistant and Chief of Staff to Senator Daniel their moment in the sun. I close my remarks with a poem that K. Inouye; I ask my colleagues to join me and I have always cherished. It is a poem Whereas Henry Giugni served as Sergeant- all who have known and loved Henry in that evokes the triumph of a life well at-Arms from 1987 until 1990; expressing our heartfelt condolences to lived over the sorrow of death. It is a Whereas Henry Giugni was the first person his wife, Muriel Roselani; his four poem that addresses the life and career of color and first Polynesian to be appointed daughters, H. Kealoha Giugni, Deborah of my good friend, Henry K. Giugni. to be the Sergeant-at-Arms; Whereas Henry Giugni promoted minori- Roselani McMillan, Heather Haunani Let fate do her worst, there are relics of joy, ties and women by appointing the first mi- Giugni, and Gina Pilialoha Giugni- Bright dreams of the past, which she cannot nority, an African American, to lead the Ser- destroy; Halbach; 11 grandchildren; and 12 geant-at-Arms’ Service Department, and was that come, in the nighttime of sorrow and great-grandchildren. the first to assign women to the Capitol Po- care, I look forward to submitting a reso- lice plainclothes unit; And bring back the features that joy used to lution expressing our condolences to Whereas Henry Giugni’s special interest in wear. people with disabilities resulted in a major the Giugni family. Long, long be my heart with such memories expansion of the Special Services Office, The PRESIDING OFFICER. The Sen- filled, which now conducts tours of the U.S. Capitol ator from West Virginia. Like the vase in which roses have once been for the blind, deaf, and wheelchair-bound, Mr. BYRD. Mr. President, it is with distilled, and publishes Senate maps and documents in deep sadness that I learned of the death You may break, you may shatter the vase, if Braille; you will, of Henry K. Giugni, who passed away Whereas in 2003, Henry Giugni received an But the scent of the roses will hang around this morning. He was a former Ser- Honorary Doctorate of Humane Letters for geant at Arms. it still. Mr. AKAKA. Mr. President, I would the University of Hawaii at Hilo in recogni- In January 1987, it was my pleasure, tion of his extraordinary contributions to as the Senate majority leader, to nomi- like to take a moment to say a few Hawaii and the nation; nate Mr. Giugni to be the Sergeant at words of a dear friend, Henry Giugni, Whereas Henry Giugni carried Hawai‘i’s Arms of the Senate. When the Senate who passed away this morning. Henry flag while marching with Dr. Martin Luther elected him to the position, Mr. Giugni enjoyed an illustrious career both on King for civil rights in Selma, Alabama; became not only the thirtieth Sergeant and off Capitol Hill. He began his ca- Whereas Henry Giugni presided over the reer in Washington as Senator INOUYE’s inauguration of President George H.W. Bush, at Arms of the Senate, he became the and escorted numerous foreign dignitaries, first Polynesian-American to serve in Chief of Staff and continued until he was appointed Sergeant at Arms of the including Nelson Mandela, Margaret Thatch- this capacity. er, and Vaclav Havel when they visited the Mr. Giugni brought a wealth of expe- United States Senate. In both posi- United States Capitol; and rience to this most important Senate tions, he enjoyed the confidence and re- Whereas on November 3, 2005, Henry Giugni position. Born in Hawaii in 1925, he en- spect of all and he served them well. He passed away at the age of 80; Now therefore listed in the U.S. Army during World was a well-recognized presence on the be it War II. After the war, he joined the Hill, particularly in the Senate. After Resolved, That the Senate has heard with leaving the Hill, Henry joined one of profound sorrow and deep regret the an- Honolulu Police Force. From 1963 to nouncement of the death of Henry Giugni. 1987, he had served as the administra- the largest consulting firms in Wash- ington where he was serving his clients Resolved, That the Secretary of the Senate tive assistant in the office of my dear communicate these resolutions to the House friend and colleague, my hero—Senator effectively. of Representatives and transmit an enrolled DANIEL K. INOUYE. I will remember Henry as one of the copy thereof to the family of the deceased. As the second ranking officer in the first friends who welcomed me and my Resolved, That when the Senate adjourns United States Senate, Mr. Giugni per- family to Washington when I was elect- today, it stand adjourned as a further mark formed the duties of the office of Ser- ed to Congress nearly 30 years ago. His of respect to the memory of Henry Giugni. geant at Arms of the Senate proudly kindness continued over many years f and with distinction. In his 4 years as and we knew him to be a loving hus- band and father. Millie and I always ORDERS FOR FRIDAY, NOVEMBER head of the largest office in the Senate, 4, 2005 Mr. Giugni supervised a number of appreciated his visits whether for busi- major changes and improvements. This ness or a social call. Mr. FRIST. I ask unanimous consent included the purchase and installation It was only a few weeks ago that that when the Senate completes its of millions of dollars of new computer Millie and I chatted with him and we business today, it stand in adjourn- and telecommunications equipment for were extremely saddened to hear of his ment until 9:30 a.m. on Friday, Novem- Senators and their offices. passing. Millie and I express our warm- ber 4. I further ask that following the Mr. Giugni took special pride in hav- est aloha to his wife Lani and their prayer and pledge, the morning hour be ing helped to make the U.S. Capitol ac- family. Henry was our dear and cher- deemed expired, the Journal of pro- cessible to the disabled by expanding ished friend and we will miss him ceedings be approved to date, the time the Special Services Office. Under his greatly. God bless Henry and his fam- for the two leaders be reserved, and the direction, the office implemented tours ily. May he rest in peace. Senate then proceed to the consider- and other programs for the disabled, Mr. FRIST. Mr. President, I ask ation of S. 1042, the Defense authoriza- and published a braille version of Sen- unanimous consent that the resolution tion bill, as under the previous order. I ate documents. be agreed to, the preamble be agreed further ask unanimous consent that Sergeant at Arms Giugni worked to, the motion to reconsider be laid during Friday and Monday’s sessions, with the House Sergeant at Arms to upon the table, and any statements re- amendments may be debated and then improve the operation of the Capitol lating thereto be printed in the set aside with the time reserved for use Police Force. And, his office instituted RECORD. at a later time. cost-effective measures of hiring civil- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ian guards to perform duties which he objection, it is so ordered. objection, it is so ordered. The resolution (S. Res. 300) was did not believe required uniformed offi- f cers. agreed to. Mr. Giugni left his work at the Sen- The preamble was agreed to. PROGRAM ate in 1990 to become vice president of The resolution, with its preamble, Mr. FRIST. Mr. President, we are corporate development for Washington, reads as follows: going to be in session tomorrow to re- Whereas Henry Ku‘ualoha Giugni was born DC, firm, Cassidy Associates. His pres- on January 11, 1925, in Honolulu, Hawai‘i; sume consideration of the Defense au- ence in the Senate, and his devotion to Whereas Henry Giugni served with distinc- thorization bill. Chairman WARNER and it, were quickly and sorely missed. But tion in the United States Army, after enlist- Senator LEVIN expect to have amend- I was pleased and proud of having nom- ing at the age of 16 after the attacks on ments offered on Friday, but we will

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.110 S03NOPT1 S12374 CONGRESSIONAL RECORD — SENATE November 3, 2005 not have votes on those amendments rectly to the bottom line when it aisle, a truly remarkable accomplish- on Friday. We will return to the bill on comes to deficit reduction. As we trav- ment. Monday and, as announced earlier, we el around the country, people will say: f will begin voting Monday evening at Get serious, Congress, on fiscal dis- approximately 5:30. cipline, on spending. ADJOURNMENT UNTIL 9:30 A.M. Again, I appreciate everyone’s pa- Well, this is the first time in 8 years TOMORROW tience over the last 9 hours. Vote- that this body has gone after manda- Mr. FRIST. If there is no further aramas are not a pretty part of the tory spending in a responsible way to business to come before the Senate, I budget process, but under the direction the tune of $35 billion. ask unanimous consent that the Sen- of our able, our outstanding chairman I also wish to thank my colleague, ate stand in adjournment as a further and ranking member, it was made a lot the assistant Republican leader, MITCH mark of respect to the late Henry K. less painful than it could have been. MCCONNELL, who did a tremendous job. Giugni. They give tremendous success to the We had, I guess, 22 rollcall votes today, There being no objection, the Senate, American people—35, or just right at and he did a terrific job in terms of at 6:40 p.m., adjourned until Friday, $35 billion in savings, and that goes di- whipping those votes on our side of the November 4, 2005, at 9:30 a.m.

VerDate Aug 31 2005 03:33 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.121 S03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2245 EXTENSIONS OF REMARKS

RECOGNIZING GENEVIEVE ROSKEY In recognition of his efforts in community de- IN HONOR AND MEMORY OF SPE- velopment, workforce training, entrepreneur- CIALIST KENDELL K. FREDERICK HON. SAM GRAVES ship and innovation, Dr. Dillman received the OF MISSOURI Ben Franklin Technology Partners Special HON. C.A. DUTCH RUPPERSBERGER IN THE HOUSE OF REPRESENTATIVES Recognition Award in 2004. OF MARYLAND Under his leadership, university enrollment Wednesday, November 2, 2005 IN THE HOUSE OF REPRESENTATIVES has steadily increased. Undergraduate enroll- Mr. GRAVES. Mr. Speaker, I proudly ask ment has risen 20 percent while graduate en- Wednesday, November 2, 2005 you to join me in recognizing Genevieve rollment climbed 33 percent since 1996. And, Mr. RUPPERSBERGER. Mr. Speaker, I rise Roskey of Saint Joseph, MO. Genevieve cele- just this year, Dr. Dillman oversaw the opening before you today to honor Specialist Kendell brated her 90th birthday on August 4 of this of University Ridge Apartments, a new com- K. Frederick who died the 19th of October month, and it is my privilege to offer her my plex that houses 541 students. Dr. Dillman 2005 in support of Operation Iraqi Freedom. warmest regards on achieving this important also guided work that produced a new Admis- Frederick, a mechanic working on power milestone. Genevieve is a fine citizen of Mis- sions Welcome Center, Student Recreation generators, was killed outside of Tikrit, Iraq. souri and the St. Joseph community. It is an Center, Alumni Center and an Enrollment He died of serious injuries when a roadside- honor to represent Genevieve in the United Services Center. improvised explosive device detonated near States Congress, and I wish her all the best Mr. Speaker, please join me in congratu- the military vehicle which he was driving. on this birthday and many more in the future. lating Dr. Dillman on this occasion. His work at Frederick, a native of Randallstown, Mary- f East Stroudsburg University demonstrates that land was an Army Reservist assigned to RECOGNIZING DR. ROBERT J. he is more than deserving of the ‘‘Busi- Headquarters Company, 983rd Engineer Bat- DILLMAN ON THE OCCASION OF nessperson of the Year Award.’’ The entire talion in Monclova, OH. HIS BEING NAMED ‘‘BUSINESS- Pocono Mountain community has been en- The Randallstown High School Alumni is PERSON OF THE YEAR’’ BY THE riched by his efforts and it is fitting that he is succeeded by his father, Peter Ramsahai, his POCONO MOUNTAINS CHAMBER honored in this way. mother, Michelle Murphy, his stepfather, Ken- OF COMMERCE more Murphy, his two sisters, and his brother. f Mr. Speaker, today I ask that you join with IN HONOR AND RECOGNITION OF me in honoring the life of a man truly dedi- HON. PAUL E. KANJORSKI cated to serving his country. OF PENNSYLVANIA JAMES D. QUISENBERRY f IN THE HOUSE OF REPRESENTATIVES Wednesday, November 2, 2005 HON. DENNIS J. KUCINICH RECOGNIZING THOMAS AND DORIS BOYCE Mr. KANJORSKI. Mr. Speaker, I rise today OF OHIO to ask you and my esteemed colleagues in the IN THE HOUSE OF REPRESENTATIVES House of Representatives to pay tribute to Dr. Wednesday, November 2, 2005 HON. SAM GRAVES Robert J. Dillman, president of East OF MISSOURI Mr. KUCINICH. Mr. Speaker, I rise today in Stroudsburg University of Pennsylvania, on IN THE HOUSE OF REPRESENTATIVES tribute and recognition of James D. the occasion of his being named ‘‘Business- Wednesday, November 2, 2005 person of the Year’’ by the Pocono Mountains Quisenberry of Lakewood, OH, upon his in- Chamber of Commerce. duction into the Ohio Veterans Hall of Fame, Mr. GRAVES. Mr. Speaker, I proudly pause Dr. Dillman is the 12th president of East Class of 2005. to recognize two outstanding citizens of Mis- Stroudsburg University and has served in that Mr. Quisenberry was one of twenty induct- souri’s Sixth Congressional District: Rev. and capacity since July, 1996. ees selected by a 13-member executive com- Mrs. Thomas W. Boyce of Blue Springs, MO. Since then, he has initiated ambitious and mittee comprised of veteran leaders from Thomas and Doris will celebrate their 50th innovative academic and economic develop- throughout Ohio. He is a highly decorated vet- wedding anniversary on August 21, 2005. ment projects that have made a profound im- eran, and has infused an unwavering sense of Mr. Speaker, I proudly ask you to join me in pact on the university and on the quality of life integrity, spirit, courage and energy into all congratulating Reverend and Mrs. Boyce. and economic revitalization of the region. personal and professional endeavors. Thomas and Doris Boyce have set an out- During Dr. Dillman’s tenure, ESU has be- For the past 18 years, Mr. Quisenberry has standing example for all of us to follow. Their come the first university in the United States been an active volunteer with the March of marriage of 50 years truly exemplifies the to offer an undergraduate degree in computer Dimes, and his vital outreach as a sponsor qualities of commitment and dedication, and I security. and counselor with Alcoholics Anonymous has am honored to represent them in the United At his direction, the university established uplifted the lives of countless individuals and States Congress. an award-winning ‘‘Business Accelerator’’ that families throughout our community. He also f focuses on encouraging economic develop- served for many years as a Boy Scout Leader. ment and entrepreneurial endeavors in the re- Mr. Quisenberry was instrumental in estab- HONORING CHUCK NICLAUS AS HE gion and has been successful in generating lishing the ‘‘Greater Cleveland Veterans Me- IS NAMED ‘‘CITIZEN OF THE nearly 100 highly skilled jobs in Monroe Coun- morial,’’ and has reflected an ongoing spirit of YEAR’’ BY THE POCONO MOUN- ty. volunteerism and leadership roles with numer- TAINS CHAMBER OF COMMERCE Dr. Dillman initiated and is leading the plan- ous veterans and civic organizations. He is the ning for the creation of a world class Science current president of the Memorial Day Asso- HON. PAUL E. KANJORSKI and Technology Center on campus. ciation of Greater Cleveland, which organizes OF PENNSYLVANIA Dr. Dillman has also partnered with the Po- the placement of flags on graves of veterans IN THE HOUSE OF REPRESENTATIVES cono Record newspaper to develop a at Holy Cross Cemetery. Jazzmasters and Broadway Series which was Mr. Speaker and colleagues, please join me Wednesday, November 2, 2005 held for 4 consecutive years. in honor and recognition of James D. Mr. KANJORSKI. Mr. Speaker, I rise today Under Dr. Dillman’s direction, ESU has Quisenberry, upon his induction into the Ohio to ask you and my esteemed colleagues in the added a new graduate degree program, ‘‘Mas- Veterans Hall of Fame. Mr. Quisenberry’s un- House of Representatives to pay tribute to ters in Management and Leadership.’’ He also wavering commitment to his family, community Chuck Niclaus, president of Niclaus Engineer- oversaw the creation of the Center for Re- and country, continues to enrich our commu- ing Corporation in Stroudsburg, PA, on the oc- search and Economic Development in 1999. nity and our entire Nation. casion of being named ‘‘Citizen of the Year’’

∑ 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 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.001 E03NOPT1 E2246 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 by the Pocono Mountains Chamber of Com- rial Day Association of Cuyahoga County and As General George Patton once said, ‘‘Wars merce. was Past President of the Greater Cleveland maybe fought with weapons, but they are won Mr. Niclaus has been engaged in the engi- Veterans’ Council. For 39 years, he served as by men. It is the spirit of the men who follow neering field for more than 28 years. His ex- the Sergeant of the Memorial Day ‘‘Rough and of the man who leads that gains the vic- pertise includes civil engineering, land devel- Riders Firing Squad’’ and as the City of Cleve- tory.’’ opment, environmental sciences and sur- land Memorial Day Color Guard Sergeant for The Pasco County veterans we are hon- veying. 14 years. Mr. Busey is an active member of oring this weekend clearly met General Pat- Extremely active in his community, Mr. the American Legion and was honored as the ton’s description above. They proved them- Niclaus served as United Way Campaign Legionnaire of the Year in 1975 and 1976. His selves in battle in Europe, Africa and the Far Chairman in 2004 and has served as a mem- service to others extends throughout the com- East. Their sacrifices on the battlefield pre- ber of the United Way’s board of directors. He munity, where he is active in raising funds for served liberty and freedom for millions is a past president of the Rotary Club of many charitable organizations. throughout the world. Stroudsburg and he served on the board of di- Mr. Speaker and colleagues, please join me Mr. Speaker, true American heroes like rectors of the Pocono Mountain Chamber of in honor and recognition of Marshall W. these Pasco County World War II veterans Commerce. Busey, upon his induction into the Ohio Vet- should be honored for their service to our Na- He is a past president and member of the erans Hall of Fame. Mr. Busey’s honorable tion and for their commitment and sacrifices in board of directors of the Slate Belt Chamber and dedicated service to his family, community battle. They are truly part of America’s great- of Commerce and is a past vice president of and to our Nation serves to strengthen and est generation. the Bangor Lions Club. give hope to the members of our community, f Mr. Niclaus received the United Way Presi- thereby strengthening our entire Nation. RECOGNIZING REID M. MASON FOR dent’s and Clifford E. Gilliam Awards in 2004 f and the Paul Harris Fellow Award from Rotary ACHIEVING THE RANK OF EAGLE International in 2003. He was named Rotarian IN HONOR AND MEMORY OF SCOUT of the Year in 1999. SERGEANT BRIAN R. CONNER Mr. Niclaus is a member of many profes- HON. SAM GRAVES sional associations including the American So- HON. C.A. DUTCH RUPPERSBERGER OF MISSOURI ciety of Civil Engineers, the Environmental As- OF MARYLAND IN THE HOUSE OF REPRESENTATIVES sessment Association and the National Asso- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 2, 2005 ciation of Environmental Professionals. Wednesday, November 2, 2005 He has also been an active youth baseball Mr. GRAVES. Mr. Speaker, I proudly pause Mr. RUPPERSBERGER. Mr. Speaker, I rise and soccer coach. to recognize Reid M. Mason of Kansas City, Having graduated from the New Jersey In- before you today to honor and remember a MO, a very special young man who has exem- stitute of Technology, Mr. Niclaus received his man who devoted his life to keeping the citi- plified the finest qualities of citizenship and professional engineering licenses in New Jer- zens of the United States safe. leadership by taking an active part in the Boy Sergeant Brian R. Conner of Baltimore, MD sey and Pennsylvania and possesses operator Scouts of America, Troop 301, and in earning died on the 14th of October in the year 2005 certificates for wastewater and water systems the most prestigious award of Eagle Scout. in support of Operation Iraqi Freedom. from the Pennsylvania Department of Environ- Reid has been very active with his troop, Conner’s death in Al Taji, Iraq occurred when mental Protection. participating in many scout activities and earn- a tractor trailer rear-ended the vehicle in which Mr. Niclaus resides with his wife, Maureen, ing numerous merit badges. Reid began he and two other Maryland Guardsmen were their three daughters, Erin, Mary and Elizabeth scouting as a Tiger Cub, advanced to Bobcat, riding. The weapons they carried as part of and their son, Tim. Wolf, Bear, and Webelo before joining the Boy convoy operations were detonated upon im- Mr. Speaker, please join me in congratu- Scouts in 2002, where he advanced to Scout, pact. lating Mr. Niclaus at this time. His professional Tenderfoot, 2nd class, 1st class, Star, Life, Conner’s unit in the Maryland National and community commitment speaks well of his and finally, Eagle Scout. Guard’s 243d Engineer Company was acti- desire to make the Stroudsburg area and the For his Eagle Scout project, Reid turned a vated for duty in June and they left for Kuwait region surrounding it a better place to live and series of small rooms and closets at First Bap- in August. tist Church in North Kansas City, MO into a raise families. The recognition associated with Not only did Conner serve his country large, functional youth area. being named ‘‘Citizen of the Year’’ by the Po- through the Armed Forces, but he also served Outside of scouting, Reid is a sophomore at cono Mountains Chamber of Commerce is as a Lieutenant with the Baltimore City Fire North Kansas City High School, where he is well deserved. Department. active in the marching band, symphonic band, f His colleagues there remember him as a theater, swing choir, basketball, baseball, and well-respected firefighter and a good friend. IN HONOR AND RECOGNITION OF the International Baccalaureate program. Reid Conner was the proud father of three daugh- MARSHALL W. BUSEY is also active in his youth group at First Bap- ters and a devoted and loving brother and tist Church and plays guitar in the youth wor- son. HON. DENNIS J. KUCINICH Mr. Speaker, I ask you to join with me today ship band. Somehow he also finds time to OF OHIO to honor Sergeant Brian R. Conner for the play summer baseball, work toward his black IN THE HOUSE OF REPRESENTATIVES dedication he has shown to his family, friends belt in Hapkido, and take piano lessons. Mr. Speaker, I proudly ask you to join me in Wednesday, November 2, 2005 and the American people. commending Reid M. Mason for his accom- Mr. KUCINICH. Mr. Speaker, I rise today in f plishments with the Boy Scouts of America tribute and recognition of Marshall W. Busey RECOGNIZES WORLD WAR II and for his efforts put forth in achieving the of Cleveland, OH, upon his induction into the VETERANS OF PASCO COUNTY, FL highest distinction of Eagle Scout. Ohio Veterans Hall of Fame, Class of 2005. f Mr. Busey was one of 20 inductees selected HON. GINNY BROWN-WAITE by a 13-member executive committee com- CONGRATULATING DAMIAN BRAGA OF FLORIDA prised of veteran leaders from throughout AS HE RECEIVES THE CHAIR- IN THE HOUSE OF REPRESENTATIVES Ohio. He served our country as a member of MAN’S BUSINESS AWARD FROM the United States Army with honor, bravery Wednesday, November 2, 2005 THE POCONO MOUNTAINS CHAM- and integrity, qualities he continues to bring to Ms. GINNY BROWN-WAITE of Florida. Mr. BER OF COMMERCE all personal, civic and professional endeavors Speaker, I rise today to recognize the brave within his life. soldiers of Pasco County, FL who served dur- HON. PAUL E. KANJORSKI Mr. Busey’s unwavering service to the vet- ing World War II. OF PENNSYLVANIA erans of our community has served to uplift At a ceremony to be held Saturday, Novem- IN THE HOUSE OF REPRESENTATIVES the lives of countless veterans and their fami- ber 12, 2005, I will present representatives lies. He led the effort to raise funds to pur- from each of the five United States Armed Wednesday, November 2, 2005 chase a 32-foot motor home converted for use Forces with commemorative coins honoring Mr. KANJORSKI. Mr. Speaker, I rise today by VA patients. He is President of the Memo- their service during World War II. to ask you and my esteemed colleagues in the

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.007 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2247 House of Representatives to pay tribute to Mr. phone Company. Like his service in the mili- RECOGNIZING BRIAN KIDWELL Damian A. Braga, president of Sanofi Pasteur tary, he ascended the corporate ladder, attain- US, located in Swiftwater, Monroe County, PA. ing the position of Account Executive. During HON. SAM GRAVES Mr. Braga has been named the recipient of his tenure at Ohio Bell, Mr. Nicastro led the ef- OF MISSOURI the Pocono Mountains Chamber of Commerce fort to upgrade communication systems IN THE HOUSE OF REPRESENTATIVES ‘‘Chairman’s Business Award.’’ throughout the county, including the imple- Mr. Braga is head of the sole U.S.-based mentation of the 911 emergency calling sys- Wednesday, November 2, 2005 manufacturer of injectable influenza vaccines tem. Aside from his professional career, Mr. Mr. GRAVES. Mr. Speaker, I proudly pause and other critical immunization products which, Nicastro continues to reflect a life-long focus to recognize Brian Kidwell, son of Douglas last year alone, protected more than 500 mil- on service to his community. He served as a and Teresa Kidwell. Brian will receive his lion people worldwide. member of the Independence City Council for Eagle Award on August 7, 2005 at a Court of Responsible for operations nationwide, Mr. sixteen years, served as President of the Inde- Honor in Saint Joseph, MO. Braga oversees more than $1.5 billion in rev- pendence Board of Education, and has held Brian began his scouting career in 1995 as enue at Sanofi Pasteur in Swiftwater and has numerous leadership positions in veterans and a Tiger Cub. In 1996, he joined Pack 218 and played a vital role in global strategic planning civic organizations. Mr. Nicastro was awarded proceeded through the ranks of Bobcat, Wolf, and implementation. the Legion of Honor Award for his forty-five Bear, and Webelo. While a Webelo, Brian Mr. Braga joined the company in 1988 and years of exemplary service with Kiwanis Inter- earned all the activity badges and the Arrow of moved seamlessly through senior level posi- national of Independence, OH. Light. He also received a Service Star for five tions, ultimately reaching the top of the U.S. Mr. Speaker and colleagues, please join me years of active scouting and the God and me organization. in honor and recognition of John J. Nicastro, award. Well known for his ability to assess chal- Sr., as he is inducted into the Ohio Veterans Brian became a member of Troop 218 in lenging issues and identify achievable solu- Hall of Fame. Mr. Nicastro’s significant con- 2000, where he earned the ranks of Tender- tions, Mr. Braga puts strong emphasis on tribution to his country, and his focused dedi- foot, 2nd Class, 1st Class, Star, Life, and now working with organizations that promote the cation on family and community, continue to Eagle. Brian received 27 merit badges, and importance of vaccines, encourage economic strengthen and uplift our community and our served in numerous leadership positions in- growth and assist those in need on both a na- Nation. cluding Librarian, Patrol Leader, Chaplain tional and state level. Toward that end, Mr. Aide, Troop Guide, and Junior Assistant Scout Braga serves as representative of the Phar- f Master. He is also a Fire Builder in the Tribe maceutical Research and Manufacturers of RECOGNIZING THE OUTSTANDING of Mic-O-Say. America for the Center for Disease Control’s In June of 2003, Brian and his father Doug- advisory committee on immunization practices. EFFORTS OF ABERDEEN TEST CENTER las went to Philmont Scout Ranch, where they He is also a member of the executive com- earned the 50 Miler Award. mittee of the Pennsylvania Business Round- Aside from scouting, Brian is a lifetime resi- table and the state Advisory Council for the HON. C.A. DUTCH RUPPERSBERGER dent of Country Club Village. He attended Pennsylvania Academy of Science. OF MARYLAND John Glenn Elementary School then Savan- Mr. Braga also remains active in the Pocono IN THE HOUSE OF REPRESENTATIVES nah Middle School. He is currently a junior at community. He and Sanofi Pasteur actively Savannah High School and has been involved support the Pocono Services for Families and Wednesday, November 2, 2005 in the Fellowship of Christian Athletes and Children. A proponent of educational initia- Mr. RUPPERSBERGER. Mr. Speaker, I rise FFA. He has been on High Honor Roll since tives, Mr. Braga also serves as a member of before you today to commend the significant 4th grade. Northampton Community College’s Foundation contributions of Aberdeen Test Center (ATC) Brian is a member of Faith United Church, Board and East Stroudsburg University’s located in Aberdeen, MD, for their outstanding Hope Youth Group, and the Sons of the Amer- board of directors for the Center for Research efforts to protect American troops. ican Legion, which he joined through his late and Economic Development. In August of 2003, the M1 tanks moving to- grandfather, Darryle Bartlett. Mr. Speaker, please join me in congratu- ward Baghdad were assailed by Rocket Pro- Mr. Speaker, I proudly ask you to join me in lating Mr. Braga on the receipt of this honor. pelled Grenades (RPG). This situation high- commending Brian Kidwell for his accomplish- Mr. Braga and Sanofi Pasteur continually lighted a potential vulnerability to the Abram ments with the Boy Scouts of America, and for demonstrate how business should contribute M1 fleet of tanks. his efforts put forth in achieving the highest to the greater community through a spirit of Based on this concern, ATC was requested distinction of Eagle Scout. commitment and service. to provide modifications to the tanks to rem- f f edy the potential vulnerability. ATC employees IN HONOR AND RECOGNITION OF developed the Slat Armor System designed to HONORING ELIZABETH KOSTER AS JOHN J. NICASTRO, SR. address the issue. Because of their diligence SHE RECEIVES THE 2005 ATHENA and motivation, the modifications were com- AWARD FROM THE POCONO pleted in only three days. The efficiency dem- MOUNTAIN CHAMBER OF COM- HON. DENNIS J. KUCINICH onstrated by ATC enabled the vulnerability to MERCE OF OHIO be rectified in less than ten days. IN THE HOUSE OF REPRESENTATIVES As the initial Stryker brigade prepared to HON. PAUL E. KANJORSKI Wednesday, November 2, 2005 enter combat in Iraq, ATC was again con- OF PENNSYLVANIA Mr. KUCINICH. Mr. Speaker, I rise today in tacted requesting similar modifications to the IN THE HOUSE OF REPRESENTATIVES tribute and recognition of John J. Nicastro, Sr., Strykers, addressing a potential vulnerability to Wednesday, November 2, 2005 upon his induction into the Ohio Veterans Hall RPGs. These modifications were designed, of Fame, Class of 2005. prototyped and tested in under 10 days for Mr. KANJORSKI. Mr. Speaker, I rise today Mr. Nicastro was one of twenty inductees mass production and fielding. Each Stryker to ask you and my esteemed colleagues in the selected by a 13-member executive committee was outfitted with this slat armor solution prior House of Representatives to pay tribute to comprised of veteran leaders from throughout to entering combat in Iraq. Elizabeth Koster, of Smithfield Township, Mon- Ohio. Mr. Nicastro holds the distinction as In the course of one year the Stryker Bri- roe County, PA, who was chosen by the Po- being one of the youngest Commission Com- gade Commander reported one hundred fif- cono Mountain Chamber of Commerce to re- bat Officers in the United States Air Force. By teen incidents of RPG attacks on Stryker vehi- ceive its 2005 Athena Award. age 19, he had risen up the military ranks to cles. Because of the modification to the Slat Mrs. Koster is president and chief executive Second Lieutenant. His assignment with the Armor System, there have been no fatalities officer of Fitzmaurice Community Services, 8th Army Air Force, 303rd Heavy Bomb as a result of these RPG attacks. Inc., which has been serving the needs of Group, known as the Hell’s Angels, took him Mr. Speaker, please join with me to ac- special populations in the Pocono area for 30 to the European Theater of Operations, where knowledge the exceptional work Aberdeen years. his exemplary service included the successful Test Center has done on the Abram M1s and Founded by Mrs. Koster’s mother, Johanna completion of 35 combat missions. Strykers. The elite attention and enthusiasm Fitzmaurice, in 1966, the business strives to Following his service in WWII, Mr. Nicastro shown in this matter has saved the lives of crate environments for persons with disabilities became an installer with the Ohio Bell Tele- many soldiers fighting the War on Terror. that support independence, productivity and

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.012 E03NOPT1 E2248 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 inclusion through customized services pro- Unger, upon his induction into the Ohio Vet- RECOGNIZING BURL AND JURLINE vided by highly qualified staff personnel. erans Hall of Fame. Mr. Unger’s lifelong serv- BARKER Mrs. Fitzmaurice died in 1978 but the orga- ice to his country, community and family en- nization she founded has grown over the hances the lives of all of us and underscores HON. SAM GRAVES years under the leadership and vision of her the true meaning of the words United States OF MISSOURI daughter, Mrs. Koster. citizen. IN THE HOUSE OF REPRESENTATIVES Mrs. Koster graduated from East f Stroudsburg University after which she began Wednesday, November 2, 2005 MILITARY ORDER OF THE PURPLE her career as a teacher and then as an asso- Mr. GRAVES. Mr. Speaker, I proudly pause ciate at her mother’s company, rising to presi- HEART SUPPORTS COMPREHEN- SIVE ASSISTANCE FOR VET- to recognize two outstanding citizens of Mis- dent and CEO following her mother’s death. souri. Burl and Jurline Barker of Mount Today, her company assists hundreds of ERANS EXPOSED TO TRAUMATIC STRESSORS ACT OF 2005, H.R. 1588 Vernon, MO celebrated their 60th wedding an- persons with special needs so they can lead niversary on June 10, 2005. meaningful and productive lives by providing Mr. Speaker, I proudly ask you to join me in housing, education, recreation and medical HON. LANE EVANS congratulating Mr. and Mrs. Barker. Burl and OF ILLINOIS services. Jurline have set an outstanding example for all Mrs. Koster serves on the boards of direc- IN THE HOUSE OF REPRESENTATIVES of us to follow. Their marriage of 60 years tors of the Pocono Mountains Chamber of Wednesday, November 2, 2005 truly exemplifies the qualities of commitment Commerce, Friends of Eastern Monroe Public Mr. EVANS. Mr. Speaker, the Military Order and dedication. Library, Leadership Pocono and the ESU Re- of the Purple Heart, whose membership is habilitation Services Advisory Council. She is comprised entirely of combat wounded vet- f a member of the Kiwanis Club of the erans, fully supports H.R. 1588, which is a Stoudsburgs, advisor for the Kiwanis AKTION CONGRATULATING JOHANNA WEA- comprehensive approach to addressing the Club of Stroudsburg and is past president of VER AS SHE IS NAMED ‘‘HUMAN- mental health needs of service members ex- the Northeast Providers Association, the Po- ITARIAN OF THE YEAR’’ BY THE posed to combat, including those members of cono Providers Association and past vice chair POCONO MOUNTAINS CHAMBER our Armed Forces now serving in Iraq and Af- of the Mental Retardation Committee for OF COMMERCE ghanistan. Pennsylvania Community providers Associa- A recent Army survey found that about 28 tion. percent of Iraq veterans—about 50,000 HON. PAUL E. KANJORSKI Mr. Speaker, please join me in congratu- servicemembers in this year alone—returned OF PENNSYLVANIA lating Mrs. Koster on this occasion. Athena home with problems from lingering battle IN THE HOUSE OF REPRESENTATIVES award winners are chosen on the basis of wounds to toothaches, from suicidal thoughts their professional excellence and service to Wednesday, November 2, 2005 to strained marriages. Almost 1,700 service- community. Clearly, Mrs. Koster demonstrates Mr. KANJORSKI. Mr. Speaker, I rise to pay members returning from the battlefield this those qualities. tribute to Johanna Weaver, of Monroe County, year had thoughts of hurting themselves or PA, on the occasion of her being named ‘‘Hu- f that they would be better off dead. If left manitarian of the Year’’ by the Pocono Moun- undiagnosed and untreated, post-traumatic IN HONOR AND RECOGNITION OF tains Chamber of Commerce. stress disorder, PTSD, can lead to suicide. MAYNARD W. ‘‘DOC’’ UNGER Mrs. Weaver served as executive director of Last year, the New England Journal of Med- Pocono Services for Families and Children for icine published research that found 15 to 17 HON. DENNIS J. KUCINICH more than 33 years before her retirement last percent of front-line troops suffered depres- OF OHIO August. IN THE HOUSE OF REPRESENTATIVES sion, anxiety or PTSD. As the MOPH letter states, ‘‘We have Over the years, she has distinguished her- Wednesday, November 2, 2005 learned from past wars that the injuries to mili- self as a community leader, volunteer and Mr. KUCINICH. Mr. Speaker, I rise today in tary members do not stop on the battlefield mentor to children. tribute and recognition of Maynard W. ‘‘Doc’’ but may manifest themselves months or years She has served the Monroe County Chil- Unger of Lakewood, OH, upon his induction afterward. America must be there to help the dren and Youth Advisory Board, Habitat for into the Ohio Veterans Hall of Fame, Class of healing process. H.R. 1588 would accomplish Humanity Advisory Board, Drug and Alcohol 2005. this goal.’’ Prevention Juvenile Task Force, Monroe Mr. Unger is 1 of 20 inductees selected by I ask that the letter from the Military Order County Job Center Task Force, League of a 13-member executive committee comprised of the Purple Heart be included in the Women Voters, United Way, Monroe County of veteran leaders from throughout Ohio. Mr. RECORD. Association for the Education of Young Chil- Unger’s distinguished service during World MILITARY ORDER OF THE dren, Welfare Reform Task Force, WNEP–TV War II reflected courage and spirit, and his PURPLE HEART, Advisory Board, Kiwanis Clubs of the inner strength and faith guided him through Springfield, VA, November 1, 2005. Stroudsburgs, Chamber of Commerce Execu- the darkest of times when he was held as a Hon. LANE EVANS, tive Women’s Council and the East prisoner of war. Rayburn House Office Building, Stroudsburg University Women’s Center Advi- Mr. Unger’s service to others has continued Washington, DC. sory Board. DEAR CONGRESSMAN EVANS: On behalf of On a State and national level, she has throughout his life. For 45 years, he volun- the membership of the Military Order of the teered his time to assist and support the youth Purple Heart (MOPH), whose membership is served the Head Start program, the National of our community with the Boy Scouts of comprised entirely of combat wounded vet- Association for the Education of Young Chil- America organization. To show their gratitude erans, I write to pledge our unequivocal sup- dren and the Pennsylvania Association of for his outstanding service, the National Office port of H.R. 1588 the ‘‘Comprehensive Assist- Child Care Administrators. of the Boy Scouts of America honored him ance for Veterans Exposed to Traumatic She has also served the East Stroudsburg with the International Scouter’s Award. Mr. Stressors Act of 2005’’. School District’s reading program and was a Unger also committed his time as a teacher At a time when our military men and member of the district’s Band, Football and women are engaged in the war on terrorism with the public school program ‘‘Growing this act is most appropriate. We have learned Wrestling Parents Associations. Healthy Together.’’ For 13 years, he taught from past wars that the injuries to military Mrs. Weaver is married to Michael Weaver, students basic health and safety facts, includ- members do not stop on the battlefield but a retired professor from East Stroudsburg Uni- ing the significance and long-term impact of may manifest themselves months or years versity. The couple has two children and three healthy eating habits. His lifelong involvement afterward. America must be there to help the grandchildren. in many civic and veteran organizations in- healing process. H.R. 1588 would help accom- Mr. Speaker, please join me in congratu- cludes his tenure as the former State com- plish this goal. lating Mrs. Weaver on the occasion of this You may count on the MOPH in anyway mander of the American Ex-Prisoners of War. possible to ensure that this legislation be- honor. Her selfless commitment to family and He was re-elected to the position of State comes law. community and, especially, to the welfare of commander in 2005. Respectfully, children has enriched the greater Pocono Mr. Speaker and colleagues, please join me JAMES D. RANDLES, Mountain region. Mrs. Weaver deserves our in honor and recognition of Maynard W. ‘‘Doc’’ National Commander. gratitude and appreciation.

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.016 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2249 REBUILD LIVES AND FAMILIES THE GREATEST GENERATION AU- try in a way that I could not have antici- RE-ENTRY ENHANCEMENT ACT THOR TOM BROKAW ADDRESSES pated. Now there have been some who have OF 2005 THE ASSOCIATION OF THE challenged my declaration that this was the greatest generation. My answer to them is, UNITED STATES ARMY that’s my story, and I’m sticking to it. But I believe the generation that came of HON. JOHN CONYERS, JR. HON. FRANK R. WOLF age in the Great Depression, when life was about sacrifice and deprivation, about drop- OF MICHIGAN OF VIRGINIA ping out of school, not to buy a video game IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES or a car for yourself, but to put food on the Wednesday, November 2, 2005 table, when sharing meant sharing a pair of Wednesday, November 2, 2005 shoes or a shirt or a jacket. They didn’t dou- Mr. WOLF. Mr. Speaker, I just had the ble date, they went three and four couples to Mr. CONYERS. Mr. Speaker, I am pleased chance to read the speech given in October a car, to a movie that cost a dime, and went to introduce the Rebuild Lives and Families by Tom Brokaw, television journalist and back to someone’s home at the end of the Re-Entry Enhancement Act of 2005. This leg- former NBC news anchorman and managing night to play the piano, and have coffee and islation will be the next important step in es- editor of ‘‘NBC Nightly News with Tom cake. Brokaw,’’ at the Association of the United And they never gave up on their country, tablishing policy to help the men and women even though times were difficult, and just emerging from our Nation’s prisons and jails States Army, AUSA. He was presented with when they were beginning to emerge from re-integrate into society and rebuild their lives. the association’s highest award—the Marshall those dark days economically, this country Medal, awarded annually to an individual who summoned them to distant battlefields, While our national crime rates have fallen has exhibited ‘‘selfless service to the United across the Atlantic and across the Pacific. over the last decade, we have seen an un- States of America,’’ according to the associa- And what the British military historian precedented explosion in our prison and jail tion. John Keegan has called the greatest single populations. Over 2 million prisoners are now The AUSA Council of Trustees chose event in the history of mankind—World War held in Federal and State prisons and local Brokaw to receive the 2005 George Catlett II. They fought on six of the seven con- tinents, all the skies, and on all the seas and jails. Each year, approximately 650,000 people Marshall Medal and recognize him for his life- return to their communities following a prison beneath them as well, and won. Fifty million time contributions as a journalist, reporter, edi- people had perished, and nations had been re- or jail sentence, resulting in more than 6.7 mil- tor, broadcaster and author. I share his ad- aligned, and we were forced to face harsh lion under some form of criminal justice super- dress here and commend to our colleagues truths about the cruelties of mankind in the vision. the speech by Mr. Brokaw, the author of The middle of the 20th century. Re-entry refers to the return of incarcerated Greatest Generation, the story of Americans But they came home from all of that, and they gave us new art and new science and individuals from America’s jails and prisons to who came of age during the Great Depression and fought World War II, and went on to build new industry. A number of them continued the community and their re-integration into so- in the military. Those who did not, did not ciety. There is a pressing need to provide America. I call attention to Mr. Brokaw’s ob- just lay down their arms and say I’ve done these individuals with the education and train- servations of the common sacrifices of the by share. They went back to their home- ing necessary to obtain and hold onto steady Greatest Generation during World War II and towns and their states, and they ran for jobs, undergo drug treatment, and get medical the comparison with today, as our men and mayor and the school board and for the and mental health services. However, they are women in uniform are fighting to defend our church board trustees. They ran for Senator and for Congress, and they ran for President confronted with the ‘‘prison after imprison- freedoms, ‘‘we ask too few sacrifices at the ci- vilian level.’’ of the United States, and they took their ment’’—a plethora of seemingly endless ob- place in the front ranks of public service. stacles and impediments which stymie suc- You know in my business, I’m often in set- And no one represented their leadership cessful re-integration into society. These ob- tings where they talk about stars. I’m sel- more profoundly, I believe, than the man dom in a setting with so many stars, that that you honor here tonight—George Mar- stacles have substantially contributed to the have been earned, not just assigned to them historically high rate of recidivism, with two- shall—who I believe is the most single, by some gossip columnist, and it’s a rare underappreciated 20th century American, thirds of returning prisoners having been re- honor and a great privilege for me to be with and one of the most underappreciated Ameri- arrested for new crimes within 3 years. all of you tonight here on the dais and in cans of all time. This legislation is designed to assist high- this great auditorium. A warrior, a diplomat, and a visionary. So many people have come up to me to risk, high-need offenders who have served And so I am deeply humbled by this award. say, on this occasion and others, I love your And for those of you who only know it from their prison sentences, but who pose the book. When I set out to write it, I had no one side of the television screen, not the greatest risk of re-offending upon release be- idea of the richness of the journey that I was other, let me just confirm what you’re cause they lack the education, job skills, sta- about to embark on. It really began on the thinking—it’s not easy for an anchorman to ble family or living arrangements, and the sub- 40th anniversary of D–Day, when I went to express humility. Let me also say that I’m stance abuse treatment and other mental and Normandy for a week to do a documentary very pleasantly surprised to know that I’m medical health services they need to success- about that momentous military landing that the first journalist to receive this award. really changed the course of history. I fully re-integrate into society. Title I of the bill I have some good news and some bad news thought, we’ll have a good time, we’ll drink for you. Journalists and warriors come from reauthorizes and enhances our early adult and some wine, and maybe we’ll drink a lot of the same DNA. I said this first at the War juvenile re-entry programs to broaden the wine, and we’ll have some good meals, and College, and I thought that the colonels in availability of critical ex-offender services, we’ll hear some war stories. the audience were going to storm the stage. while Title II addresses the substantive Fed- And on the first day of filming, I walked We like unconventional lives. We can deal eral barriers to successful re-entry. Both titles down to the beach, with two men from Big with authority, but we know when to bristle include provisions requiring that the funded Red One, one of whom went on to earn the about authority. We like living off the land. Medal of Honor later. One was without legs programs be rigorously evaluated and the re- We like catching the bad guys and holding that he lost in later action. And as I looked them up for appropriate punishment. And sults widely disseminated, so that re-entry pro- at them, I realized that Harry Garton and most of all, we’re patriots, who love our grams can be modified as needed, to ensure Gino Merli were the kinds of people that I country. And the definition of patriotism for that recidivism is reduced and public safety had known all my life. They were my school- me is love your country and always know enhanced. teachers and ministers, the businessmen for that it can be better, and that it is the obli- whom I worked. Their wives looked like the gation of every citizen to try to make it bet- A recent study by Peter D. Hart Research mothers of all my friends; they looked like ter, every day. Associates reveals that Americans strongly my parents’ best friends. They were there in On these occasions, I like to remind people favor rehabilitation and re-entry programs as their windbreakers, and as we walked onto that I’ve had the privilege in the last two the best method of insuring public safety. With Omaha Beach, they paused at their first re- years, three years especially, of working side this changing paradigm in public opinion, the turn and began very softly to remember by side, night after night, day after day, both opportunity is ripe to sensibly reassess the what it had been like that day. in this country and abroad, with three of role and impact of criminal justice policies. And within about 20 minutes, I had under- your best—General Wayne Downing, who is gone a transformational experience, the here tonight, General Monty Meigs and Gen- This legislation translates this emerging public likes of which I had not known as a profes- eral Barry McCaffrey. And I must say as a perception into balanced policies and proce- sional journalist. And their stories, and the full blown civilian, it gave me a certain dures which dismantle the structural impedi- stories that I began to collect after that, res- amount of pleasure to say to these four ments to successful re-integration into society. onated not just with me, but with this coun- stars, okay men, listen up. We’re coming out

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.022 E03NOPT1 E2250 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 in 30 seconds, we’ve got a minute 30 to go— lieve is a growing problem in American life. there was a common appreciation of the McCaffrey, don’t do all the talking, let Meigs The next day it turns out that I was the place of the military. Now we ask too few in on this for awhile. guest, the sole interview before the same col- sacrifices at the civilian level. And they were thoroughly professional, lection of powerful elites. And I took that There are the yellow ribbons and the wel- and it was not only a joy for me to work opportunity to remind the audience that come home signs, but for too many Ameri- with them side by side, but it was a great what they heard the day before, had been, in cans those are more ornamental than or- service to this country to have their exper- fact, widely reported, often at great risk— ganic to their own daily lives. tise and their candor and their truth-telling, day in and day out—for three years on all A distinguished American historian wrote as the war went on in the early stages, and the print and electronic news outlets. Per- recently of our mercenary military con- then after that. haps not exactly as the young officers would juring up images of young warriors who are Now it is sometimes an adjustment. Dur- have liked, but reported nonetheless. And motivated only by paychecks, in effect, con- ing Operation Desert Storm, I was joined at even the officers gave me a sly smile and tract killers. That’s a profoundly erroneous the desk at NBC, night after night, hour said you’re right on that. conclusion. It is more widely shared, how- after hour, by one of your great, great fig- Moreover, for those in the audience who ever, than we may care to acknowledge. ures, the late Colonel Harry Summers, who believed that these young battalion com- So who’s to blame for this schism in our was a real expert on infantry tactics, a manders were some kind of an elite all-star national definition? Ladies and gentlemen I plainspoken man, who kept his military team handpicked by the Pentagon, I was would suggest that we all are. bearing even in a television studio. But happy to correct that impression. I told that Our political leaders in both parties are about the fifth night of the war, at about gathering of moguls and titans, I’ve met not sufficiently addressing the gap with three o’clock in the morning, we were kind hundreds more like them. They are excep- their constituents. They’re not asking their of operating on fumes at this point, and I tional officers, but they’re not the exception. constituents to make even token sacrifices, refuse on those occasions to have a conven- Furthermore what they’re doing in their as a reminder that there is a war underway. tional meal; I said just keep sending out commands in Iraq and Afghanistan may be They’re not encouraging their financial pa- plates of fresh food of some kind, that will news to you, but it’s not news to commu- trons—the special interests that help elect keep me going; I don’t want to get bogged nities and neighbors of mine in Big Timber, them to office—to take a more active role in down with dinner; I’ve got too many other Montana, or in hamlets in South Carolina, or implementing a better understanding of the things to worry about. barrios in East Los Angeles or the working place of the military in our lives and in the And finally about the 18th little dish of class neighborhoods of Detroit, or the small world. chopped fruit arrived on my desk, and I towns of the Great Plains. In those commu- Now it’s just as well that our military es- couldn’t even bear to look at it, and I finally nities, they pay attention, because it is their tablishment needs to no longer confine slid it across to Harry Summers. He looked sons and daughters, and fathers and mothers, itself, by-and-large, to its own culture. It no down at it for a long moment and he said, ‘‘I who are in harm’s way in those distant longer should be as defensive as it can be, don’t know what’s happened to me. First I places. when it finds itself under fire. The media have been too focused on the let them put hairspray and makeup on me— General Meigs performed an important triumphs and shortcomings on the battle- now I’m eating fresh fruit.’’ But we found a public service that week in Sun Valley by re- field, too unimaginative in dealing with the way to get along. minding that audience of the place of the complexities of the military/political struc- Let me just take a little bit of your time, military, not just in our national security ture, as well as the manpower, the financial if I can, to offer some adjurations on the pro- considerations, but also in our social and po- and the policy issues. fession that brings you here tonight and our litical construct as a nation. Indisputably, No institution in America is as representa- collective place in this society. A few this country has the finest military in the tive of this great immigrant nation with all months ago, at a conference of billionaires, history of mankind. our varied parts as the military, and we need moguls, titans, movers and shakers, Monty It is a superior force at every measurable to be reminded of that on a daily basis. Meigs arranged for a panel of U.S. Army bat- level, made up entirely by volunteers, fully Too many citizens are willing to assume talion commanders from Iraq and Afghani- integrated ethnically and in terms of gender. that defending the country is an assignment Unfortunately, it’s also a military that in stan to present their view of what is hap- best left to someone else, that it’s not a per- too many families, in too many communities pening in their sectors. sonal or family obligation or calling. In the It was a dazzling performance by these best and especially in too many corporate suites modern culture there are too few people and brightest lieutenant colonels. They were and boardrooms, country clubs and other around to challenge that. energetic, they were articulate, funny, and gathering places for the elite, it is a military No one wants to return to a World War to fully at ease in a roomful of folks who rep- that is out of sight and out of mind. It is sep- reclaim a continuing relationship between resented a slightly higher pay grade than arate and distinct from the day-to-day con- the civilian population and the military. But they did. cerns of too many Americans, especially to neither is it in our national interest to have They complained, mildly, that their good the elites with their hands on the power. two populations—one in uniform and one works and accomplishments had not received That’s not just inappropriate; it is unaccept- not—with little or no connectivity. enough press attention, and then they en- able and even dangerous to a democratic so- The greatest accomplishment of the great- gaged in a friendly but pointed exchange ciety. est generation was not just on the battle- with three of us who represented the media One of the enduring lessons I have learned field. It was in the post-war continuation of at that conference. from my interest in and association with a commitment to a whole nation, civilian Their performance and their bearing rep- what I call the greatest generation, is the and military, each respectful and mindful of resented what I have been encountering for long-term beneficial effect of an organic re- their relationship and role assigned them in some time in my dealings with the American lationship between a civilian society and its advancing the national interests. military in distant battlefields and military military. It is time for a new generation to re-acti- bases in this country, away from the con- World War II was obviously a unique un- vate that greatness—in uniform and out. straints of the Pentagon. dertaking, requiring millions of people in Then perhaps, when my great, great grand- The other guests, who represented enor- uniform, a re-ordering its civilian priorities daughter is ready to write her book about mous financial, industrial, social and polit- and common sacrifices for a common com- our generation, she will be able to say, ical strength and power in America, were be- mitment. ‘‘They, too, met the test.’’ dazzled to the point of full immersion infatu- I have come to believe that one of the ation. They rushed to the stage to express unheralded dividends at the end of the war f their enthusiasm for what they had just for America was the maturation, the dis- RECOGNIZING CODY WAYNE BATES heard. They turned to me, and to Tom Fried- cipline, the ethos of teamwork young men FOR ACHIEVING THE RANK OF man of The New York Times and Donald and women in their 20s brought back to their EAGLE SCOUT Graham, the publisher of The Washington civilian lives. Post, demanding to know why they had not Now young Americans who are not in uni- heard these stories before, why they had not form like to say, they’re ‘‘finding them- HON. SAM GRAVES read of the brilliance and the character of selves’’ in their 20s, or they’re ‘‘exploring OF MISSOURI line officers in the field. other options’’ in life. The greatest genera- IN THE HOUSE OF REPRESENTATIVES That night at dinner these four lieutenant tion found themselves in distant battlefields colonels were rock stars among groupies, as or in great sea battles, or in dogfights in the Wednesday, November 2, 2005 everyone from Bill Gates at Microsoft and air—they found themselves on factory floors Mr. GRAVES. Mr. Speaker, I proudly pause Warren Buffet and Phil Knight of Nike gath- or in shipyards, in the daily rationing of to recognize Cody Wayne Bates, son of Carol ered around to continue their adulation, to meat and gasoline and luxury items. and Terry Bates, of Holt, Missouri. Cody is a What they learned in those life-altering ex- suggest lecture tours across America, to par- very special young man who has exemplified ticipate in corporate motivation sessions and periences, they applied to the building of to commiserate with them as well about the this country, to the expansion of freedom, the finest qualities of citizenship and leader- absence of press coverage. and most of all, to the ordering of priority ship by taking an active part in the Boy Scouts I was at once amused and determined to for the common good. And because their ex- of America, Troop 397, and by earning the use this as an opening to address what I be- perience had been so shared at every level, most prestigious award of Eagle Scout.

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.025 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2251 Cody has been very active with his troop, Joe is also a strong supporter of countless RECOGNIZING MR. SAM MOORE participating in many Scout activities. Over the charitable groups throughout Northeastern 8 years Cody has been involved with Scout- Pennsylvania. A veteran of World War II, Dr. HON. ED WHITFIELD ing, he has earned 35 merit badges and held Mattioli has been honored for helping the Vet- OF KENTUCKY several leadership positions. Cody has served erans Coalition and Veterans of the Vietnam IN THE HOUSE OF REPRESENTATIVES his troop as Assistant Patrol Leader, Chap- War. lain’s Aide, Librarian, and Assistant Senior Pa- Mr. Speaker, please join me in congratu- Wednesday, November 2, 2005 trol Leader. Cody is a brave in the Tribe of lating Drs. Joseph and Rose Mattioli on this Mr. WHITFIELD. Mr. Speaker, I rise to rec- Mic-o-Say, where he has taken the name happy occasion. It is, indeed, fitting that this ognize one of my constituents, Mr. Sam ‘‘Red Eye Owl,’’ and is also a brotherhood couple should be recognized for their commu- Moore of Butler, Kentucky. Mr. Moore has member in the Order of the Arrow. In addition, nity commitment since they have contributed been actively involved in agriculture in my Cody has earned the World Conservation so much to the greater Pocono Mountain com- Congressional District serving as a member of Award. munity for so long. I am proud to consider the Kentucky Farm Bureau Federation Board For his Eagle Scout project, Cody con- them my friends. Pocono Raceway has hosted of Directors for the last 30 years. I have structed a fence around 6 air conditioning hundreds of thousands of guests over the known Mr. Moore for several years and have units at First United Methodist Church to pro- years and has been responsible for generating found him to be a man of incredible integrity tect the units from damage. significant amounts of revenue and jobs that who is devoted to helping others. He is an ac- Mr. Speaker, I proudly ask you to join me in have greatly improved the quality of life tive member of the community as well as a commending Cody Wayne Bates for his ac- throughout the region. forceful leader in the agriculture field. complishments with the Boy Scouts of Amer- f Mr. Moore hails from Butler County, where ica and for his efforts put forth in achieving the he farms more than 4,300 acres producing highest distinction of Eagle Scout. CONGRATULATING RUSLAN corn, soybeans, and wheat. He and his wife, WERNTZ f Helen, have 6 children that frequently con- tribute to the family farm, teaching them time- HONORING DR. JOSEPH AND DR. HON. MICHAEL C. BURGESS honored values of hard work and respect for ROSE MATTIOLI AS THEY ARE OF TEXAS the farmer. While Mr. Moore has been active AWARDED THE FRANK IN THE HOUSE OF REPRESENTATIVES in production agriculture, he has also been in- SCHOELCH COMMUNITY COMMIT- Wednesday, November 2, 2005 volved with many other important agri-busi- MENT AWARD FROM THE PO- nesses making him an incredible asset to his CONO MOUNTAINS CHAMBER OF Mr. BURGESS. Mr. Speaker, I rise today to community. He is the recipient of numerous COMMERCE congratulate Mr. Ruslan Werntz of Coppell, awards, having been recognized as the Out- Texas on his commitment, contribution and standing Young Farmer by the Kentucky Jay- HON. PAUL E. KANJORSKI success in this year’s Discovery Channel cees in 1973 as well as being named the OF PENNSYLVANIA Young Scientist Challenge. 2003 Man of the Year In Kentucky Agriculture In 1999, Discovery created the Discovery IN THE HOUSE OF REPRESENTATIVES by Progressive Farmer Magazine. He has also Channel Young Scientist Challenge to in- Wednesday, November 2, 2005 been very active in the American Farm Bu- crease and encourage middle school students’ reau, the American Soybean Association, the Mr. KANJORSKI. Mr. Speaker, I rise today participation in science and math. The DCYSC Kentucky Beef Cattle Association, and the to ask you and my esteemed colleagues in the identifies and honors America’s top middle Kentucky Corn Grower’s Association. House of Representatives to pay tribute to my school student who demonstrates the best Because Mr. Moore will soon retire from his very good friends Dr. Joseph and Dr. Rose skills in leadership, teamwork and scientific tenure as President of the Kentucky Farm Bu- Mattioli, of Monroe County, Pennsylvania, who problem solving. In addition, the ability to be reau, I would like to recognize his service at have been honored by the Pocono Mountains an effective science communicator—a goal the Bureau and his dedication to improving Chamber of Commerce as recipients of the that reflects Discovery’s philosophy that sci- agricultural interests in my home State. With- Frank Schoelch Community Commitment entific knowledge is most valuable when it is out his personal connections with many influ- Award. communicated and shared—is a key compo- ential agriculture leaders, not to mention his Both Mattiolis are graduates of Temple Uni- nent of the judging. More than 9,500 children tireless efforts on behalf of farmers in the versity, which is where they met. Dr. Joseph have entered the DCYSC since its inception. Commonwealth, Kentucky would not be excel- Mattioli practiced dentistry while Dr. Rose Winners have received more than $500,000 in ling in this industry. I am sure the Kentucky Mattioli pursued a professional career as a po- scholarship awards, Federal Government rec- Farm Bureau is sorry to see him leave, but I diatrist. Both practiced in Philadelphia for ognition and participated in science-related am confident that Mr. Moore will continue to about 10 years before they decided to embark trips that have taken them to the far corners stay active and be relied upon as a leader for on a complete change of careers. of the globe. This year, nearly 75,000 students Kentucky farming for many years to come. entered science fairs nationwide. Of those stu- The Mattiolis were determined to pursue a f dream of bringing automobile racing to the dents, only 400 were chosen as semifinalists New York and Philadelphia regions. in the 2005 Discovery Young Scientist Chal- RECOGNIZING DANE K. HAGEN That dream became a reality in 1968 when lenge competition. The final 40 came from 19 FOR ACHIEVING THE RANK OF they opened the Pocono International Race- States and Puerto Rico. EAGLE SCOUT way at Long Pond in Monroe County. They One of those finalists was Ruslan Werntz, a endured numerous obstacles and hardships 16-year-old ninth-grader at Coppell High HON. SAM GRAVES during the early days of NASCAR, but they School. Ruslan’s project was titled ‘‘The Truth OF MISSOURI persevered. and Lies of Blood Glucose Monitoring Sys- IN THE HOUSE OF REPRESENTATIVES Since then, the Mattiolis have developed the tems.’’ During a doctor’s visit with his father, a track into one of the best in the Nation. Today, diabetic, the doctor ran a glucometer test with Wednesday, November 2, 2005 that track hosts two NASCAR NEXTEL Cup a result of 130. This result concerned Ruslan Mr. GRAVES. Mr. Speaker, I proudly pause series events each year. In 2002 they were in- because a few minutes earlier, his father’s to recognize Dane K. Hagen, son of Susan ducted into the Stock Car Racing Hall of home test had read 160. The doctor said that and Mike Hagen, of Kearney, Missouri. Dane Fame. home-use glucometers are not as accurate as is a very special young man who has exempli- Known as the driving force behind the the more expensive kind used by physicians. fied the finest qualities of citizenship and lead- growth of Pocono Raceway, Joe is credited by Ruslan wanted to confirm this disparity. For ership by taking an active part in the Boy his peers for his incomparable knowledge of his efforts, Ruslan was awarded the TLC Scouts of America, Troop 397, and by earning racing, drivers and, above all, people. Science of Production Award. the most prestigious award of Eagle Scout. Rose is well-known as a gracious lady with I extend my sincere congratulations to Mr. Dane has been very active with his troop, an infectious smile. Rose is the ‘‘heart’’ of the Ruslan Werntz for his efforts and for receiving participating in many Scout activities. Over the Pocono Raceway. She was instrumental in this commendable award given by the Dis- 8 years Dane has been involved with Scout- providing an area at Pocono Raceway for reli- covery Channel Youth Scientist Challenge. His ing, he has earned 39 merit badges and held gious services for race teams and their fami- commitment to science and to helping others several leadership positions. Dane has served lies. serves as an inspiration to all. his troop as Patrol Leader, Quartermaster,

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.029 E03NOPT1 E2252 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 Troop Bugler, and Senior Patrol Leader. Dane made me a life-long fan of both Tony and his between our government and Egypt’s. Again is a brave in the Tribe of Mic-o-Say, where he agency. Always courteous, Tony was also and again over a 2 week period, our diplomats has taken the name ‘‘Mighty Wolf Stalking tough and fair in his determination of which pressed officials in the Egyptian government Prey,’’ and is also a brotherhood member in projects were worthy of Federal funds. Every to increase the number of cuttings available the Order of the Arrow. In addition, Dane has applicant seeking EDA funds learned to ex- and to ensure their successful export. And earned the God and Church Award, World pect hard questions but also wise guidance as here, I also want to express my thanks to Conservation Award, Eagle Bronze Palm, and Tony worked to make sure that every EDA Egypt’s ambassador, Nabil Fahmy and his H. Roe Bartle Heritage Award. project was a successful project. Although few staff at the Egyptian embassy for their very For his Eagle Scout project, Dane con- of them know his name or even the name of important role in conveying the seriousness of structed a fence around the City of Kearney’s his agency, thousands of Pennsylvanians this problem to their colleagues in Cairo. water tower and variform pump house, and have jobs because of Tony’s hard work. He In the end, I believe there was enough. The planted evergreens and shrubbery around the will be missed. Egyptian government heard our concerns and new fence. Mr. Speaker, please join me in congratu- did the best it could to accommodate our Mr. Speaker, I proudly ask you to join me in lating Mr. Pecone upon the completion of a needs. Ultimately, I’m told the restrictions on commending Dane K. Hagen for his accom- career that has helped so many people cuttings were effectively lifted in the last hours. plishments with the Boy Scouts of America achieve a better quality of life. Mr. Pecone’s There were shortages in some places, some and for his efforts put forth in achieving the singular dedication to improving communities people had to pay more than usual, and more highest distinction of Eagle Scout. deserves special recognition and I am pleased people had to share than in years past, but no f to be able to enter a tribute to him in the CON- one, to my knowledge, was unable to fulfill the GRESSIONAL RECORD. religious requirements of the holiday. RECOGNIZING ANTHONY PECONE Mr. Speaker, the week-long festival of f AS HE RETIRES AS PENNSYL- Sukkot celebrates the fall harvest and is often VANIA STATE DIRECTOR OF THE THANKING AMERICA’S DIPLOMATS referred to in Hebrew as z’man simchataynu, U.S. ECONOMIC DEVELOPMENT FOR SUKKOT ASSISTANCE ‘‘the season of our rejoicing.’’ I can tell you, ADMINISTRATION there would have been a lot less rejoicing ab- HON. GARY L. ACKERMAN sent a lot of hard work by America’s dip- lomats. I know the whole House will join me HON. PAUL E. KANJORSKI OF NEW YORK in thanking them for this extraordinary effort. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Wednesday, November 2, 2005 RECOGNIZING CHRISTOPHER B. Wednesday, November 2, 2005 Mr. ACKERMAN. Mr. Speaker, I rise to ex- HEARNE FOR ACHIEVING THE Mr. KANJORSKI. Mr. Speaker, I rise today press my sincere thanks to the men and RANK OF EAGLE SCOUT to ask you and my esteemed colleagues in the women of our Embassy in Egypt and, particu- House of Representatives to pay tribute to An- larly, to Ambassador Francis J. Ricciardone. I thony Pecone who is retiring as Pennsylvania also want to commend Assistant Secretary HON. SAM GRAVES State director of the U.S. Economic Develop- David Welch, Deputy Assistant Secretary Liz OF MISSOURI ment Administration following 39 years of Dibble and a host of their colleagues in the IN THE HOUSE OF REPRESENTATIVES service with the agency. State Department’s Bureau of Near Eastern Wednesday, November 2, 2005 Mr. Pecone has had a distinguished career Affairs. I am pleased to report to the House Mr. GRAVES. Mr. Speaker, I proudly pause and has guided the investment of nearly $2 that through vigorous behind-the-scenes en- to recognize Christopher B. Hearne, son of billion in Federal funding throughout the Com- gagement with the Government of Egypt, Sue and Jerry Hearne, of Kearney, MO. Chris monwealth of Pennsylvania, which has had America’s diplomats made a critical difference is a very special young man who has exempli- the effect of creating or retaining tens of thou- for millions of Jews across America and fied the finest qualities of citizenship and lead- sands of jobs. around the world celebrating the Jewish holi- ership by taking an active part in the Boy Mr. Pecone came to the EDA after 11 years day Sukkot. Scouts of America, Troop 397, and by earning of working in the private sector, 2 years of Mr. Speaker, earlier this month, I began to the most prestigious award of Eagle Scout. service with the U.S. Army in Germany, 9 receive reports that merchants purchasing the Chris has been very active with his troop, months with the Central Intelligence Agency palm fronds used for ritual celebrations of the participating in many Scout activities. Over the and 16 months with the National Aeronautics holiday, were discovering that their historic 8 years Chris has been involved with scouting, and Space Administration’s Goddard Space supply in Egypt was in jeopardy. In previous he has earned 36 merit badges and held sev- Flight Center. years, Egyptian palms had provided the over- eral leadership positions. Chris has served his As State director of the EDA, Mr. Pecone whelming proportion of the roughly one million troop as patrol leader, librarian, chaplain’s was an invaluable ally for local communities palm fronds used for the holiday. As com- aide, and den chief. Chris is a brave in the and economic development organizations, manded in the Bible, Jews celebrate Sukkot tribe of Mic-o-Say, where he has taken the guiding them through the economic develop- with ‘‘the four species’’—a lulav, composed of name ‘‘Last Son of Silent Snow Goose.’’ In ment process for planning, technical assist- palm, myrtle, and willow branches, and a cit- addition, Chris has earned the World Con- ance, business loans, construction and special ron, an aromatic but inedible citrus fruit called servation Award, H. Roe Bartle Heritage programs for assistance related to natural dis- an etrog—that are used to sanctify the holi- Award, and Mile Swim Award. asters, base closings and severe industrial day. For his Eagle Scout project, Chris removed dislocations or curtailments. This year, however, Egyptian agriculture of- litter and rubbish from the half-mile entry road Noteworthy Pennsylvania EDA investments ficials, reportedly concerned about the health into Kearney’s Mack Porter Park. He also con- achieved during his tenure include brownfield of Egypt’s orchards of date palms, ordered a structed ‘‘No Littering’’ signs along the road. restorations, creation of a statewide revolving cessation of the harvest and export of palm Mr. Speaker, I proudly ask you to join me in loan fund, base closing assistance, restoration fronds expected by Jewish communities commending Christopher B. Hearne for his ac- of areas impacted by hurricanes and torna- around the world. complishments with the Boy Scouts of Amer- does, construction of several technology incu- For those unfamiliar with the holiday, a sud- ica and for his efforts put forth in achieving the bators, workforce development initiatives, con- den palm frond shortage may have seemed a highest distinction of Eagle Scout. struction of many industrial, business and bit odd, if not downright absurd. I would com- f commercial parks, initiatives to combat the ef- pare it, however, to a situation where 2 weeks WHY AMERICA IS A GREAT fects of job losses in the coal and steel indus- before Christmas, people began to suddenly NATION tries and construction of roads, sewage and discover that there were no Christmas trees water systems and bridges. available for sale, or that those few trees on HON. BERNARD SANDERS More than 30 years have passed since I the market were undersized, illegally cut and OF VERMONT first met Tony during the aftermath of Hurri- only available for triple the normal price. IN THE HOUSE OF REPRESENTATIVES cane Agnes, which devastated the Wilkes- I am proud to say that once informed of the Barre area in 1972. His can-do spirit and prac- situation, our diplomats acted swiftly, speaking Wednesday, November 2, 2005 tical approach to stimulating economic activity forcefully on behalf of the entire United States Mr. SANDERS. Mr. Speaker, Hurricane shaped my overall impression of the EDA and and drawing upon the strong and deep ties Katrina was a natural disaster. Its effects were

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.033 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2253 compounded by human ineptitude, as FEMA, I support H.R. 4128, The Private Property PERSONAL EXPLANATION State officials and the President all reacted Rights Protection Act, and urge all members slowly and without adequate concern for their to do so. This piece of legislation will allow us HON. SAM GRAVES fellow Americans. as Members of Congress to protect our con- OF MISSOURI We rightly witnessed their inaction and un- stituents against the loophole created in Kelo IN THE HOUSE OF REPRESENTATIVES concern on our television sets. by the Supreme Court, and will allow us to But there is another America, an America punish those state and localities that take ad- Wednesday, November 2, 2005 which responds to distress with generosity and vantage of their citizens and of this ruling. Mr. GRAVES. Mr. Speaker, on Thursday, a willingness to pitch in. An America which October 27, 2005 I was unavoidably detained provides an outpouring of funds for the Red f and thus missed rollcall vote No. 553. Had I Cross and countless truckloads amounts of CONGRATULATIONS TO GALILEE been present, I would have voted ‘‘yea’’ on donated supplies. MISSIONARY BAPTIST CHURCH rollcall vote No. 553, the Lawsuit Abuse Re- I want to tell you a story about what is best duction Act of 2005. in America. f When they learned of the devastation HON. PETER J. VISCLOSKY caused by Hurricane Katrina, two members of OF INDIANA RECOGNITION OF UNPARALLELED the Vermont’s South Burlington Fire Depart- IN THE HOUSE OF REPRESENTATIVES CIVIL SERVICE BY MR. STEPHEN ment, Lieutenant Micah Genzlinger and Fire- WHITMORE Wednesday, November 2, 2005 fighter Trevor Poor, volunteered to help their fellow firefighters on the hard-struck gulf coast. Mr. VISCLOSKY. Mr. Speaker, it is with HON. JIM SAXTON They went to areas devastated by the hurri- great honor and enthusiasm that I congratu- OF NEW JERSEY late Galilee Missionary Baptist Church as they cane and helped other fire companies fight IN THE HOUSE OF REPRESENTATIVES fires. They also helped citizens rebuild and re- join together in celebration of the 5th Pastoral cover from the destruction wrought by the anniversary of their esteemed Pastor Rev- Wednesday, November 2, 2005 storm. And, in the spare time they could mus- erend Charles M. Morgan. They will be cele- Mr. SAXTON. Mr. Speaker, it is my distinct ter, they helped their fellow firefighters take brating this very momentous and special occa- pleasure to highlight the extraordinary service care of the damage to their own homes. sion November 18–20, 2005. of Mr. Stephen Whitmore, who is currently the And the fire company they left behind? Ac- Reverend Morgan was born to the late operations officer for the Department of Public cording to their union contract, firefighters James and Lillie Morgan in Kansas City, Mis- Works at Fort Dix, New Jersey. Born on July must be given notice of shift changes two souri. He completed his undergraduate studies 16, 1923, Steve has selflessly served the Na- weeks in advance. Generously, all their col- at Ottawa University and Calvary Seminary. tion, the Army and Fort Dix for more than 60 leagues waived this requirement, so that they He is presently matriculating in the McCormick of his 82 years. could cover all shifts, without charging mas- Theological Seminary. Reverend Morgan is an Mr. Whitmore’s service began during World sive overtime to the city of South Burlington. active member of the Baptist Minister’s Con- War II when he enlisted in the Army on July They changed their work schedules to make ference of Gary and Vicinity, and he is the 2nd 19, 1943. As a soldier assigned to the 1st sure the city was protected and that Vice Moderator of the Northern Indiana Mis- U.S. Army, he served as a participant in many Genzlinger and Poor’s trip to help others did sionary Baptist District Association. He is a of the major battles fought in central Europe not undercut local fire protection, all at no ad- regular participant at the Stephen Olford from November 1944 until April 1946. On April ditional cost. School for Expository Preaching in Memphis, 29, 1946, Steve completed his Army out-proc- This story was repeated all over America. In Tennessee. Reverend Morgan has also been essing procedures and immediately began Vermont, firefighters from Barre and Hartford an instructor for the Baptist Minister’s Seminar working as a Fort Dix Civil Service Employee. also headed south to help their firefighting for the past two years. Since then, Mr. Whitmore has worked for brothers and sisters. In other states, fire- From its modest beginning, Galilee Mis- the Directorate of Public Works, DPW, in a va- fighters responded to the call to protect and sionary Baptist Church has emerged as a cor- riety of capacities. As you would expect, Mr. rebuild—as they always do, not only for their nerstone of the community. Under Pastor Mor- Whitmore’s impact on the facilities and infra- own cities and towns, but for Americans ev- gan’s guidance, Galilee continues to thrive, structure of Fort Dix has been enormous. The erywhere. both in terms of spiritual growth as well as majority of the buildings currently utilized on This kind of generous solidarity is what practical improvements. The proud members Fort Dix were built after he arrived in 1945. makes America a great and wonderful Nation. of the church are thankful for the spiritual and Consequently, he participated in some manner f emotional leadership he and the previous pas- in the construction of almost all of the facilities PRIVATE PROPERTY PROTECTION tors have provided during the years. in use today and has continued to maintain Though Reverend Morgan is dedicated to and repair them throughout his 60-year tenure. the Galilee Family, he has never limited his Furthermore, all of the utility systems on Fort HON. CLIFF STEARNS time and love for his family. Reverend Charles Dix were either installed or expanded under OF FLORIDA Morgan and his wife Francine have three his personal guidance. In fact, the current IN THE HOUSE OF REPRESENTATIVES daughters, Natasha (deceased), LaRonda electrical grid system for the Installation is one Wednesday, November 2, 2005 Lindsey, and Rasheeda; one son, Johan; and that he designed and either helped construct Mr. STEARNS. Mr. Speaker, back in June, two grandchildren, Manuel and Jackson. with a crew of high-tension electricians or the Supreme Court handed down a ruling in The celebration weekend begins on Friday, oversaw the construction in a supervisory ca- Kelo versus City of New London that states November 18, 2005, with the Pilgrim Mis- pacity. Also occurring under his watch was the that the Government can seize personal prop- sionary Baptist Church Family and Pastor conversion of the Installation’s heating sys- erty for the purpose of economic development. Charles L. Emery. On Saturday, November tems from coal to oil to natural gas. Mr. Speaker, this ruling embodies everything 19, 2005, there will be an evening of love and In addition to Mr. Whitmore’s consistent and for which our Founding Fathers did not want appreciation at the Turkey Creek Country Club exceptional execution of his core DPW re- this country to stand. Banquet in Merrillville, Indiana. The celebra- sponsibilities, he has been a key factor in en- Mr. Speaker, the Kelo ruling is a gross mis- tion banquet will conclude the festivities on suring the successful implementation of non- interpretation of the Fifth Amendment. The Sunday, November 20, 2005, when the church traditional missions. One of those events con- Fifth Amendment allows for the government to honors Pastor Morgan and his family with spe- cerned a mission assigned to Fort Dix in 1999 obtain private property for public use, meaning cial guests, including Pastor Mike Nicholson entitled Operation Provide Refuge. In short, this property can be obtained for the govern- and the Mount Calvary Baptist Church Family Fort Dix was tasked to provide temporary ment to build something such as a school or of Fort Wayne, Indiana. housing for over 4,000 Kosovar refugees. a road. However, the Kelo ruling allows the Mr. Speaker, I ask that you and my other Therefore, in addition to performing his duties government to take property owners’ farms, distinguished colleagues join me in honoring as Chief of the Public Works Division, Steve private businesses, or even our homes so that and congratulating Reverend and Mrs. Charles assumed responsibility for providing utilities for big-time investors and businessman can come M. Morgan and the Galilee Missionary Baptist all of the temporary facilities, installing almost in to our towns and cities and build shopping Church on their 5th Pastoral anniversary. five miles of temporary fencing, constructing malls and supermarkets on the property that is Their constant dedication and commitment is playgrounds, maintaining the grounds in all the rightfully owned by our constituents. worthy of the highest commendation. areas of operation, constructing and

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.038 E03NOPT1 E2254 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 installing signs throughout the Installation, es- riers at their Biannual Congressional Break- Additionally, the grades and test scores for tablishing and rewiring a welcome center, as- fast. insured children are substantially higher than sisting in the construction and installation of Bill Lawrence began his service to our coun- their uninsured peers. tent frames and even the installation of bed try when he enlisted in the Navy at the age of By moving a majority of Illinois’ Medicaid frames and mattresses in the dormitories. His 16. After serving in China, he was honorably beneficiaries into a primary care case man- overall work plan execution was magnificent discharged and settled in San Francisco in agement program where every beneficiary has and he guided his personnel through 18 hour 1927. He worked for several years as a cable their own family doctor, the State will save mil- work days, 7 days a week to get the work car conductor, one of the few union jobs in lions of dollars that will be used to pay for the done, while still maintaining tremendous mo- San Francisco at the time. In July 1938, he All Kids program and provide more Illinois chil- rale throughout his work force. began his career as a Letter Carrier, imme- dren with basic health care. Another monumental mission for which Mr. diately joining Branch 214 of the National As- The State of Illinois has taken responsibility Whitmore’s expertise and ingenuity ensured a sociation of Letter Carriers. Bill served as Sec- for the children and their families who do not successful outcome was the role he played in retary of Branch 214 for 6 years, and deliv- have this critical coverage. The program en- establishing the security of Fort Dix imme- ered mail on the streets of San Francisco for acted by the State of Illinois is set to begin in diately following the 9/11 terrorist attacks. This 35 years, until he retired at age 65. July 2006. was a daunting task since the Installation had In 1970, Bill Lawrence was elected to the With 45.8 million uninsured Americans in never been closed to through traffic in its 84- non-partisan City Council of nearby Brisbane, 2004, it is time to stop ignoring the problem year history. He assembled a crew and equip- California, and over the next two decades, and to start taking action. I congratulate the Il- ment and worked with the police to close the served twice as Mayor. After his tenure on the linois General Assembly and Governor Installation in a matter of hours. His expertise City Council, Bill pursued his dedication to Blagojevich for a job well done, and I urge my and unmatched knowledge of the Installation public service as the Legislative Liaison for the colleagues to take a look at what Illinois is ensured that the dozens of means of access California State Association of Letter Carriers. doing to help provide health care for children. other than the main entry/exit points were Bill has always said that his love of politics f identified and blocked. He has continued stems from the rewarding feeling he gets from those efforts over the past 4 years to identify, helping people. Now at age 97, Bill continues FEDERAL HOUSING FINANCE develop and execute major projects to convert to delight children of all ages when he dresses REFORM ACT OF 2005 the temporary measures to permanent security as Santa Claus during the holidays. SPEECH OF barriers to include the installation of a 31⁄2- I’ve always been proud to call Bill Lawrence mile-long security fence. my friend. He is a kind and generous man, HON. JEB HENSARLING Mr. Whitmore’s most recent accomplishment and without his support and that of his wife, OF TEXAS pertains to the exceptional work he has done Honey Bee, I would not have been elected to IN THE HOUSE OF REPRESENTATIVES on the development and execution of projects the San Mateo County Board of Supervisors to establish a Forward Operating Base, FOB, and to Congress. Wednesday, October 26, 2005 to provide vital, realistic training to our soldiers Mr. Speaker, I ask my colleagues to join me The House in Committee of the Whole being mobilized in support of the Global War in recognizing Bill Lawrence’s countless con- House on the State of the Union had under on Terror. Steve planned and supervised the tributions to our community and our country. consideration the bill (H.R. 1461) to reform construction of the FOB, which is the largest, Because of him and his distinguished service, the regulation of certain housing-related Government-sponsored enterprises, and for most complex FOB in the continental United we are unmistakably a better and more decent other purposes: States. Based on his actions, the FOB was nation. Mr. HENSARLING. Mr. Chairman, I first built and maintained to a standard that allows f the FOB to house, service, and provide real- want to thank the gentleman from Ohio (Mr. istic field training to approximately 2000 mobi- RECOGNIZING THE ALL KIDS OXLEY) and the gentleman from Louisiana (Mr. lizing soldiers at one time. Whether it was the HEALTH CARE PROGRAM OF IL- BAKER) for their leadership in getting this bill, electrical system, which he designed and had LINOIS H.R. 1461, to the House floor. Reforming the executed, the water and drain systems so that regulatory structure for the housing GSEs has the Soldiers could take showers, the heating HON. RAHM EMANUEL clearly been a long time in the making. of the tents and even the clearing of the roads OF ILLINOIS I am going to vote for this legislation, and I when it snowed, he was the one who made it IN THE HOUSE OF REPRESENTATIVES encourage my colleagues to do the same. I believe that we must act as a body to move all happen. Mr. Whitmore had the ideas, the Wednesday, November 2, 2005 ability to bring the ideas to resolution and am- this process forward, and work with the Sen- bition, energy and interest to accomplish what- Mr. EMANUEL. Mr. Speaker, I rise today to ate to draft a bill that President Bush can sign ever was necessary to make the FOB a suc- recognize Illinois Governor Rod Blagojevich into law. We are all aware of the economic cess. for establishing the All Kids health care pro- damage that took place in the wake of other To this day he continues to provide the gram, and the Illinois General Assembly for corporate accounting scandals, be it Enron, oversight for all utility services. His knowledge passing this important initiative. This plan WorldCom or Tyco. It is important to remem- of the systems is legendary as is his ability to makes Illinois the first State in the country to ber that in terms of assets, Enron was only trouble shoot and quickly correct all system provide comprehensive health insurance to about one-sixteenth the size that Fannie Mae problems. He is a shining example of some- every child in the State. is today. WorldCom and Tyco were about one- one who adheres to the Army values in both The All Kids program will target the esti- tenth the size of Fannie in terms of assets. his professional and personnel life. A man of mated 253,000 uninsured children in Illinois; These facts cannot be ignored. Legislation is strong resolve and unmatched abilities, Steve providing coverage for children from working long overdue. is a true patriot worthy of our Nation’s thanks families that earn too much to qualify for exist- However, I continue to have many concerns and praise. ing programs but not enough to purchase pri- about certain provisions in H.R. 1461 that I vate health insurance. believe could do more harm than good to our f According to a National Health Interview housing markets. Primarily, I am concerned TRIBUTE TO THE HONORABLE Survey, 39 percent of American children did that H.R. 1461 does not go far enough to pro- WILLIAM LAWRENCE not visit a doctor in the past year, and 38 per- tect our financial markets from the systemic cent have no regular facility to utilize for their risk posed by the giant portfolio holdings of HON. ANNA G. ESHOO health care needs. Because their parents can- Fannie Mae and Freddie Mac. OF CALIFORNIA not afford hospital bills, uninsured children are Federal Reserve Chairman Alan Greenspan IN THE HOUSE OF REPRESENTATIVES six times as likely as insured children to have has warned us that without the needed restric- serious health issues go untreated. As a re- tions on the size of Fannie and Freddie’s port- Wednesday, November 2, 2005 sult, they are at higher risk for hospitalizations folios, our ability to preserve safe and sound Ms. ESHOO. Mr. Speaker, I rise today to and missed diagnoses of serious illnesses. Im- financial markets is significantly put at risk. honor William ‘‘Bill’’ Lawrence, retired letter proved health care for children is not the only H.R. 1461 would not give the new regulator carrier and member of the National Associa- benefit of this program. Studies show that chil- the necessary tools to appropriately limit the tion of Letter Carriers, San Francisco Branch dren with health insurance are more likely to size of the portfolios of these two institutions. 214, who is being honored by the Letter Car- attend school consistently. The combined retained portfolios of these two

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.043 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2255 companies now exceed $1.6 trillion, up from IN HONOR OF JASON KAMRAS, sion, Jason has an ability to connect with stu- $136 billion in 1990. Portfolios of this size do NATIONAL TEACHER OF THE YEAR dents, many of whom come from underprivi- nothing to promote liquidity in the secondary leged backgrounds, and give them the atten- market. Unfortunately, H.R. 1461 will do noth- HON. DORIS O. MATSUI tion and support they need to help them meet ing to protect American taxpayers from having OF CALIFORNIA their goals. to bail these institutions out should they fail. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, as Jason Kamras continues to speak on behalf of school teachers across our Wednesday, November 2, 2005 I am also concerned about what is com- country, I am honored to pay tribute to one of monly referred to as ‘‘mission creep’’ of these Ms. MATSUI. Mr. Speaker, I rise in tribute Sacramento’s most honorable citizens. His two entities. Congress has given Fannie Mae to Jason Kamras, the 2005 National Teacher love for teaching is fortunately shared by and Freddie Mac very special charters, unique of the Year. A native of Sacramento, Jason countless other teachers in classrooms government-granted benefits that we do not teaches mathematics at John Philip Sousa throughout the Nation. At 31 years of age, grant their competitors. These benefits exist Middle School, here in our Nation’s capital. Jason has accomplished so much in the class- so that they can create liquidity in the sec- Since being named Teacher of the Year in room; accomplishments that allow him to ondary mortgage market and help create the April, Jason has traveled across the country serve as a model for others to follow. On be- American Dream for middle and low income as an educational spokesman and will con- half of the students at Sousa that have bene- families. In recent years, these entities have tinue to do so through next June. As his fited from his compassion, dedication and cre- been clearly engaging in areas outside of this friends, family and colleagues celebrate Ja- ativity, I ask all of my colleagues to join with charter, including airplane leasing, purchasing son’s outstanding achievement, I ask all of my me in wishing Jason continued success in all colleagues to join with me in saluting this truly tobacco bonds, and providing international his future endeavors. remarkable American. f consulting. H.R. 1461 does not provide the The son of Linda and Marvin Kamras of necessary bright line between the activities in Sacramento, Jason attended Shalom School, TRIBUTE TO RACHAEL SCDORIS which Fannie Mae and Freddie Mac can and Sacramento’s only Jewish day school, where cannot engage. While Congress prohibits he was a member of their inaugural class of HON. GREG WALDEN Fannie and Freddie from originating loans, we 1978. In 1991, he graduated from Rio OF OREGON clearly need a better definition of loan origina- Americano High School at the top of his class. IN THE HOUSE OF REPRESENTATIVES tion and what separates the primary market Later that fall Jason began his freshman year Wednesday, November 2, 2005 from the secondary market. Not only would a at Princeton University, where he graduated bright line provide clarity, it would enhance with a degree in public policy in 1995. Mr. WALDEN of Oregon. Mr. Speaker, I rise competition in the primary market and prevent After graduating from Princeton, Jason today to honor and congratulate Bend, Oregon these taxpayer-backed institutions from engag- promptly applied for a position with Teach for resident Rachael Scdoris. Rachael is a legally ing in activities outside of the scope of their America, a wonderful program that allows for blind, competitive dog sled racer and cross- charters. recent college graduates to work in needy country runner who today was awarded the Further, I have concerns about raising the public schools. It was Teach for America that prestigious Casey Martin Award—an annual award that Nike bestows to any disabled per- conforming loan limits for Fannie Mae and first brought Jason to John Philip Sousa Mid- son in the world who has overcome their ad- Freddie Mac, as H.R. 1461 does. Raising dle School in the fall of 1996 where he taught mathematics to sixth graders. At Sousa he im- versity and pursued their sport of choice with these limits will do nothing to help Fannie and mediately poured his energy and passion into the same passion and competitive spirit that Freddie meet their affordable housing goals. the school’s students. renowned golfer Casey Martin has dem- The conforming loan limits were originally es- Three years of teaching math at Sousa con- onstrated in his career. Rachael was born with tablished to ensure that Fannie Mae and vinced Jason that he could do much more to congenital achromatopsia, a genetic disorder Freddie Mac are focused on increasing the have a positive impact on students’ lives. In that severely limits her vision. Nonetheless, availability of housing for middle and low in- 1999 he left the classroom and earned a Mas- she was the youngest musher to complete a come Americans. These limits are necessary ter’s Degree in Education at the Harvard 500-mile sled dog race, and the first disabled to prevent Fannie and Freddie from competing Graduate School of Education. When he re- athlete to race the 1,161-mile Iditarod Trail with private sector lenders, who already meet turned to Sousa, Jason taught a combined Sled Dog Race in 2005. the demand for larger home loans. Raising the class of seventh and eight graders for 2 years Introduced to the sport of dog sledding by conforming loan limits is a clear extension of in social studies. This ‘‘looped’’ class allowed her father, Jerry, at age 3, Rachael’s lifelong Fannie and Freddie’s charters. That is not the him the opportunity to truly connect with his dream was to compete in the Iditarod. In purpose of this legislation. students and push them to achieve everything 2003, because of her disability, Rachael was within their grasp. In the 2002–2003 school refused entry by the Iditarod Trail Committee, Mr. Chairman, the Chairman of the Financial year, Jason has returned to teaching math, but after her determined appeals, the com- Services Committee worked diligently and in this time at the seventh and eighth grade lev- mittee finally voted to allow her the aid of a good faith with myself and many of my col- els. visual interpreter on another sled in the 2005 leagues who had serious concerns about the Outside of the classroom, Jason has suc- Iditarod. creation of an affordable housing fund for both cessfully worked with school administrators to Though Rachael’s dogs became ill and she Fannie Mae and Freddie Mac in H.R. 1461. I double the instructional time devoted to math was forced to drop out after 750 miles, she applaud him for his willingness to include lan- and has incorporated technology and real has already entered the 2006 Iditarod. She is guage in this bill that seeks to prevent afford- world situations into the math curriculum, in the spokesperson for her vision foundation able housing fund monies from being abused order to meet today’s students’ needs. His and the annual ‘‘Race for Vision’’ sled dog for political purposes. However, it is my hope love for photography led him to establish the race in Oregon, which raises money for that as this bill moves toward conference with EXPOSE Program, in which students create Healthy Beginnings, an organization that pro- the Senate, we take a serious look at the photo-essays with digital cameras that depict vides free vision screening, eye exams, and need to create another housing fund of this their lives and neighborhoods. Those photos glasses to low-income individuals. She has nature, especially one that has the potential to are often shown to the public at the Capital twice been named one of the 100 Most Out- be abused for political purposes. Children’s Museum and other places around standing Female Athletes in the Nation, an Washington. In 2001, Jason was awarded the ABC ‘‘Person of the Week’’ and a 2004 Olym- Our housing finance system is driven by the Mayor’s Art Award for Outstanding Contribu- pic Torch carrier. creation of jobs, supported by sound economic tion to Arts Education for his work with the Rachael was selected from over 44 appli- policy. Under the policies of this administration EXPOSE Program, just one of the many hon- cants to the Casey Martin Award because her and this Republican Congress, this system ors he has earned for his dedication to our story mirrors that of Casey Martin who in 1998 has never worked better, and we now have Nation’s youth. sued the PGA Tour for the right to be able to achieved the highest rate of homeownership in What makes Jason an excellent teacher and use a golf cart in competition. Casey, another the entire history of the United States of Amer- role model is that he works tirelessly to give Oregonian, has Klippel-Trenauny-Weber Syn- ica. Mr. Chairman, the truth is there is no his students the tools they will need to make drome, a rare, incurable and degenerative greater housing program than the American their dreams come true. Whether it is with condition that causes chronic leg pain and free enterprise system. complex math problems or artistic self expres- makes it physically impossible for him to walk

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.046 E03NOPT1 E2256 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 during tournaments. I applaud Nike for spon- Parks has been recognized with some of the ment possible. I thank the House for its atten- soring this award in the name of Casey Martin most prestigious awards and honors in the tion to this important matter today. because he embodies the beliefs that we as country. Among her many awards, she was f Americans all hold dear—the importance of di- the recipient of the Presidential Medal of Free- versity, a commitment to sports, and the fact dom, which is our Nation’s highest civil award PERSONAL EXPLANATION that everyone should have the right to partici- for merit and integrity, and the Congressional pate. Gold Medal, which is the highest expression of HON. ELTON GALLEGLY I’ve had the great pleasure of spending time national appreciation for distinguished OF CALIFORNIA with Rachael and, like countless others, am achievements and contributions. She was also IN THE HOUSE OF REPRESENTATIVES tremendously inspired by her strong sense of awarded the Springarn award by the NAACP Wednesday, November 2, 2005 determination and amazing successes. It is that recognizes the highest achievements my honor to represent Rachael in the U.S. amongst African Americans and the Martin Lu- Mr. GALLEGLY. Mr. Speaker, on Friday, Congress, and I congratulate her for her out- ther King Jr. Award that recognizes those who October 28, 2005, I was unable to vote on standing achievements. work for social change through nonviolent agreeing to the conference report for H.R. f means. 2744, the Agriculture, Rural Development, The longest journey begins with the smallest Food and Drug Administration, and Related PERSONAL EXPLANATION step. Rosa Parks’ actions seemed small on Agencies Appropriations Act, 2006 (rollcall No. that December day, but they accelerated the 555); and on agreeing to H. Res. 523, Con- HON. ANNA G. ESHOO Civil Rights movement and enkindled a pas- demning Iranian President Mahmoud OF CALIFORNIA sion for equality in a generation. I had the Ahmadinejad’s threats against Israel (rollcall IN THE HOUSE OF REPRESENTATIVES honor of joining our colleague from Georgia, No. 556). Had I been present, I would have Wednesday, November 2, 2005 Mr. LEWIS, in March to celebrate the 40th an- voted ‘‘yea’’ on both measures. Ms. ESHOO. Mr. Speaker, I was unable to niversary of the Voting Rights March in Ala- f bama and the many heroes who were inspired vote on Friday, October 28, 2005. Had I been IN HONOR OF ROSA PARKS present, I would have voted on the following by Mrs. Parks. I was moved by their struggles votes: On rollcall vote No. 555 I would have and motivated by their strength. However, the HON. SAM FARR voted ‘‘yea’’; on rollcall vote No. 556 I would journey towards true equality remains unfin- OF CALIFORNIA have voted ‘‘yea.’’ ished and the most fitting tribute to Mrs. Parks would be for us to continue that fight in her IN THE HOUSE OF REPRESENTATIVES f memory. Wednesday, November 2, 2005 TRIBUTE TO ROSA PARKS And so today, I join the country in bidding farewell to a true American hero and inspira- Mr. FARR. Mr. Speaker, I rise today to pay SPEECH OF tional leader. Mrs. Rosa Parks will be greatly tribute to the legendary Rosa Parks, who HON. JOHN B. LARSON missed by her family, the Nation and the passed away last week. I had the great honor world. of meeting Rosa Parks several times through- OF CONNECTICUT out her life. The first time was in the late sev- f IN THE HOUSE OF REPRESENTATIVES enties when she was a guest speaker at Mon- Wednesday, October 26, 2005 IN RECOGNITION OF THE CITY OF terey Peninsula College in my district. I was Mr. LARSON of Connecticut. Mr. Speaker, I SYLACAUGA, ALABAMA: ONE OF also on hand when she received the Presi- rise today to honor and celebrate the life of THE 100 BEST COMMUNITIES IN dential Medal of Freedom in 1996 and the the distinguished Civil Rights leader, Rosa AMERICA FOR YOUNG PEOPLE Congressional Gold Medal in 1999. Parks who died Monday, October 24, 2005 at Each time I saw Rosa Parks, I was again the age of 92. A woman of great character HON. MIKE ROGERS impressed that a woman of such slight stature and conviction, Rosa Parks inspired a genera- OF ALABAMA started such a large scale movement for civil tion to change the course of history. IN THE HOUSE OF REPRESENTATIVES justice. Rosa Parks’ decision not to give up For half a century, the story of Rosa her bus seat to a white man during the time Wednesday, November 2, 2005 Parks—of a woman with the courage to chal- of segregation was a courageous act, simple lenge an unjust system, has been marked in Mr. ROGERS of Alabama. Mr. Speaker, I and without violence. Rosa Parks did not yell, history as a lesson for both young and old. rise today to pay tribute to the City of swear or wave her hands around dramatically While riding a bus home from her job in Mont- Sylacauga, Alabama, a unique town in the to get the Nation’s attention. In fact, she did gomery, Alabama on December 1, 1955, Rosa Third Congressional District that was recently not even move. Today, the consequences of Parks defied the segregation laws of the time named by America’s Promise as one of the her choice can be seen throughout our soci- and refused to give up her seat to a white 100 best communities in America for young ety. I continue to believe that a more just soci- passenger. She was then arrested and fined people. ety will not be achieved by water hoses, tear $14. Her bold and single act of defiance As its 13,000 citizens know, Sylacauga still gas, night sticks and hostility, but through sparked a 381-day boycott of the Montgomery retains that old-fashioned charm which defines peaceful means including compromise and bus system by the African American commu- small town America. Yet it’s also a forward- fairness. nity and ultimately the breakdown of segrega- looking community that prides itself on its Fifty years later, Rosa Parks’ actions don’t tion in the south. schools, and recognizes that the children of seem radical or risky, but when you are the Born Rosa Louise McCauley on February 4, today are our leaders of tomorrow. In that re- first one to take a stand, it is lonely. Indeed, 1913 in Tuskegee, Alabama, she married Ray- gard, the city has created a variety of pro- Rosa Parks’ death has given us the oppor- mond Parks in 1932 after briefly attending Ala- grams geared for children and teens, including tunity not just to remember her life and her ac- bama State College in Montgomery. As the a program known as BRIDGES. This unique tions, but also to remember the actions all of first female member of the Montgomery chap- initiative, which was identified by America’s those who have stood up in the face of injus- ter of the National Association for the Ad- Promise as one of the city’s crown achieve- tice. vancement of Colored People (NAACP), Rosa ments, provides school age children special My mother was one of these people, like Parks worked tirelessly with her husband to opportunities to participate in recreational ac- Rosa Parks. Though she died when I was a encourage and increase voter participation in tivities while under supervision of volunteers young adult, my father often told me of a bus the African American community. Following and staff. It also gives older children the op- ride my mother took in New Orleans in the the couple’s move to Detroit, Rosa Parks portunity to do volunteer work and give back mid 40s. My sister and I were young children began her 20-year service to the 14th district to their community. at the time, and we all used the bus system of Michigan as an administrative assistant in Mr. Speaker, this is indeed a proud achieve- to get around the city. Buses in New Orleans Congressman JOHN CONYERS, Jr.’s office. She ment for the City of Sylacauga, and further were segregated at that time, but during one also founded the Rosa and Raymond Parks demonstrates the importance its citizens place ride my mother decided to seat us in the ‘‘col- Institute for Self Development to encourage on educating its children. I am proud that one ored’’ section, although there was room in the leadership among Detroit’s youth in 1987. of East Alabama’s small towns has made this ‘‘white’’ section of the bus. When the bus driv- Although modest about the pivotal role she prestigious list, and salute the citizens and er saw what my mother had done, he told her played in the Civil Rights movement, Rosa local officials who helped make this achieve- that she and her children had to move to the

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.049 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2257 white section. My mother refused, so the driv- COMMEMORATION OF ROBERT H. and access opportunities for empowerment er told her to get off the bus. Rather than HINCKLEY, JR. within their community and government. change our seats, she shepherded my sister Robert Hinckley’s philanthropic commitment and me off the bus. HON. JIM MATHESON to education and students extends beyond the I had a chance to share this story with Rosa OF UTAH on-going value of the Hinckley Institute of Poli- Parks when I finally met her and she enjoyed IN THE HOUSE OF REPRESENTATIVES tics, including the establishment and funding hearing about my mother’s actions. Though Wednesday, November 2, 2005 of scholarships at the University of Utah, Utah my family did not live in a segregated state, State University, Weber State University, and Mr. MATHESON. Mr. Speaker, I am pleased both my parents realized they still had a duty Brigham Young University. In this capacity, as today to recognize the life and contributions of to combat prejudice. well, he and his family have helped create a Robert H. Hinckley, Jr. large community of educated, actively en- As a member of Congress, I have been A lifelong resident of the State of Utah, Mr. gaged, ethical, and interested citizens. honored to visit the heartland of the civil rights Hinckley’s 88 years were distinguished by his In all his endeavors, Hinckley was noted for movement with fellow colleague and civil optimism, energy, and a commitment to public his positive outlook and energy. His contribu- rights champion, Representative JOHN LEWIS. service. tions will long benefit the students and people During a trip with the Faith and Politics Insti- Robert Hinckley, Jr. was born as the first of Utah. He was truly an asset to his commu- tute, we visited the Voting Rights Museum in child of Robert H. Hinckley Sr. and Abrelia nity and will be greatly missed. Birmingham, AL, the Rosa Parks Museum in Clarissa Seely Hinckley in Mt. Pleasant, UT, Montgomery, AL, and reenacted the march although he grew up in Ogden, UT and always across the Pettus Bridge in Selma, AL. I can- considered that his home. Growing up during f not fully express how much I gained from vis- the Depression era, Hinckley began working in COMMEMORATING THE LIFE OF iting these sites with some of the original par- the family’s business, Hinckley Dodge. After MARINE CORPORAL JONATHAN ticipants in the civil rights movement. Hearing graduation from Ogden High School, he at- ‘‘J.R.’’ SPEAR, KILLED IN IRAQ about the pain and suffering they endured tended Stanford University and then the OCTOBER 23, 2005 throughout those times was tempered by the United States Military Academy from which he joy we felt in our mutual support for a just graduated in 1942. He married Janice Scow- cause. croft, his high school sweetheart, in 1944 and HON. JEFF MILLER I was honored to join my colleagues by at- described their 63 years of marriage as the OF FLORIDA tending Rosa Parks’ memorial service and ‘‘very best part of my life.’’ During World War IN THE HOUSE OF REPRESENTATIVES II and Korea, he was a decorated pilot earning supporting the unprecedented resolution that Wednesday, November 2, 2005 allowed her body to lie in honor in the Capitol the U.S. Air Force’s Distinguished Flying Rotunda. Rosa Parks is one person who Cross and the Bronze Star. Following a 13- Mr. MILLER of Florida. Mr. Speaker, Marine made a difference and whose actions will for- year military career, he returned to Utah to Corporal Jonathan ‘‘J.R.’’ Spears, was lost to ever call on all of us to stand up—or remain manage the family’s automobile business in us in Iraq on October 23. seated—for civil justice. Salt Lake City, UT. Outside of business, He was a proud Marine and an exception- Hinckley loved horses and owned Arabian ally fine man who joined the greatest military f horses. He counted his greatest success as service in the world. his four children, all of whom survive him. I had the solemn honor of attending Cor- HONORING MRS. WILLIE JEAN Hinckley’s life demonstrated commitment to poral Spears funeral today and meeting his in- YOUNGBLOOD ON HER 90TH his community. In 1988, he built upon his fa- credible family and friends. I now know how BIRTHDAY ther’s legacy becoming board chairman of the blessed they are to have known such a fine Hinckley Institute of Politics at the University man. His parents, Timothy and Marie and his of Utah. In this capacity, he was a champion sisters Jennifer and Jessica display courage, HON. ARTUR DAVIS for intelligent, thoughtful, and ethical engage- dignity and strength that is moving and inspi- ment in the public arena. He encouraged stu- rational. I wish I could have known him as OF ALABAMA dents of all political persuasions to approach they did as he seemed like a truly amazing IN THE HOUSE OF REPRESENTATIVES public service and politics with a sense of pur- person. pose and diligence. He worked hard to create Wednesday, November 2, 2005 J.R. used to work in a sandwich shop and opportunities for all students, regardless of so- he selflessly gave a portion of each pay check cioeconomic status, to have access to intern- Mr. DAVIS of Alabama. Mr. Speaker, I rise he received to buy food for the homeless. ship opportunities. He dramatically stepped up today to enter into the CONGRESSIONAL While playing football in high school he got up the activities of the Hinckley Institute and RECORD a special tribute to Mrs. Willie Jean to 265 pounds. In order to fulfill one of his life oversaw the doubling of its endowment. dreams, joining the Marines, he had to lose Youngblood in honor of her 90th birthday. This year the Hinckley Institute of Politics is nearly eighty pounds, which he did. Mrs. Youngblood was born on November 7, celebrating its 40th anniversary. Over 4,000 He was a young man who, by the time of 1915 in Bullock County, AL, and was the third interns have served local, State, and Federal his death at 21, had already planned out his of eight children of the late Cleveland and offices, interest groups, polling firms, and cam- life. He wanted to go to college after leaving Julia Dennis. She later married Monroe paigns since 1965. The Hinckley Institute pio- the Marines Corps and then go on to be an Youngblood, a construction worker, of Bullock neered the Utah State legislative internship FBI or Secret Service Agent. I know very few County. In search of better opportunities, the program, and interns now serve in critical young people who have their life plan set by couple moved to Birmingham where they staffing capacities during every general ses- the time they reach 30, let alone 21. J.R. was raised eight children. Mrs. Youngblood earned sion. The Hinckley Institute internship program a driven man who knew what he wanted and a living as a cook at the Thomasine Cafe´ and has been studied by colleges and universities made it happen. a service worker at the historic Tutwiler Hotel. across the United States. The Hinckley Insti- tute sponsors the Hinckley Journal of Politics, A stanza in the Marine Hymn written over a Mrs. Youngblood was a nurturing mentor for century ago says: ‘‘If the Army and the Navy young mothers in her community. The Young- an undergraduate research publication. It is one of only four undergraduate political ever gaze on Heaven’s scenes, they will find blood home was also the gathering place for the streets are guarded by United States Ma- many young children in the community, includ- science journals nationwide. The Hinckley Institute has influenced count- rines.’’ I know that J.R. is up in heaven guard- ing the current mayor of the city of Bir- ing the streets for all of us. I am certain he mingham, the Honorable Bernard Kincaid. less local, State, and Federal elected officials, party activists, lobbyists, journalists, and citi- has been welcomed with God’s saving grace. While Mrs. Youngblood may not have had zens. Recent studies of former Hinckley in- His sacrifice is a solemn reminder to us of an abundance of material wealth, she passed terns demonstrate an incredibly high degree of the risks that all of our men and women in uni- on a wealth of love and hope to her children civic engagement, through many avenues, for form make every day to keep us safe. and her community. years after graduation. The Institute has pro- I know that our Marine Corps will hold him May God bless Mrs. Youngblood and her vided a needed center for intelligent, thought- in their hearts forever, as will we all. family on her 90th birthday and for many ful, dynamic conversation about important May God bless Corporal Spears, his family years to come. issues, where students can test their beliefs and all of our men and women in uniform.

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.054 E03NOPT1 E2258 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 CONDEMNING IRANIAN PRESIDENT nation of Barriers for Katrina Victims Act.’’ We but could continue their education in another MAHMOUD AHMANDINEJAD’S are pleased to be joined by a coalition of al- school willing to accept them, or who were in THREATS AGAINST ISRAEL most 100 national, state and local organiza- school elsewhere when their parents lost the tions who have expressed their support for the ability to continue paying for their education, SPEECH OF legislation, such as the American Academy of will be denied student loans; and entire fami- HON. CHRIS VAN HOLLEN Addiction Psychiatry, American College of lies that have lost everything in the disasters Mental Health Administration, Drug Policy Alli- will be denied housing—all due to the federal OF MARYLAND ance Network, League of United Latin Amer- bans for a past drug conviction. IN THE HOUSE OF REPRESENTATIVES ican Citizens (LULAC), NAACP, NAADAC– The ‘‘Elimination of Barriers for Katrina Vic- Friday, October 28, 2005 The Association for Addiction Professionals, tims Act’’ applies only to past drug offenses, Mr. VAN HOLLEN. Mr. Speaker, I strongly National Council on Alcoholism and Drug De- some of which were many years ago, and condemn the deplorable remarks made this pendence, and the National Urban League, suspends the disqualification for only a 3-year week by the President of Iran, Mahmoud and the list is growing as word of the legisla- period. This temporary adjustment period in Ahmandinejad and I commend my colleagues, tion gets out. federal disqualifications would allow families Congressmen TOM LANTOS (D–CA) and Millions of Americans were displaced from affected by Hurricanes Katrina and Rita a HENRY HYDE (R–IL), for authoring this impor- their homes due to Hurricane Katrina and Hur- chance to put their lives back together through tant resolution—H. Res. 523, Condemning Ira- ricane Rita and hundreds of thousands have the same means as other victims who sud- nian President Mahmoud Ahmandinejad’s not been able to return and may never be able denly lost their homes and livelihood through threats against Israel—and bringing it to the to do so. Having lost their homes, their com- no fault of their own. Therefore, we are intro- floor of the House of Representatives. munities, their jobs and other support systems, ducing this bill today and urge our colleagues The statement by Iran’s President that most have required emergency food, clothing, to quickly enact it into law to assist families ‘‘Israel must be wiped off the map’’ demands shelter, medical, or monetary assistance. Ac- who are otherwise hopelessly destitute be- the strongest condemnation from the entire cording to FEMA reports, an estimated 2.1 cause of the disasters and the impact of a international community. Moreover, it is rep- million Americans have already applied for drug conviction. rehensible that Mr. Ahmandinejad made these federal aid. Unfortunately, many of these indi- f statements to a group of students. In an area viduals and their families are in desperate REINSTATEMENT OF THE COR- of the world where violence has led to intense need, but, due to a prior drug conviction, will PORATE ENVIRONMENTAL IN- hardship and suffering the Iranian President’s not be able to receive certain federal assist- COME TAX statement only promotes more violence. It is a ance available to other victims in need. While sad day when the leader of Iran would poison it is impossible to know for sure how many the minds of young people rather than inspire families will be denied public assistance be- HON. SHERWOOD BOEHLERT them to build a peaceful Middle East. cause of drug convictions, it is likely in the OF NEW YORK f tens of thousands. IN THE HOUSE OF REPRESENTATIVES More than 1.5 million Americans are ar- Wednesday, November 2, 2005 PERSONAL EXPLANATION rested for drug offenses every year. Several federal laws disqualify those with felony con- Mr. BOEHLERT. Mr. Speaker, today I am HON. CAROLYN B. MALONEY victions to receive certain federal benefits. A introducing the Superfund Revenue Reinstate- ment Act of 2005, a bill to reinstate the cor- OF NEW YORK recent GAO report commissioned by myself porate environmental income tax, which ex- IN THE HOUSE OF REPRESENTATIVES and Congressman RUSH of IL reveals that these disqualifications are having a huge im- pired in 1995. The bill will provide a dedicated Wednesday, November 2, 2005 pact on receipt of federal benefits for which stream of revenue for our Nation’s commu- Mrs. MALONEY. Mr. Speaker, November 1, those with prior drug convictions would other- nities as they struggle to clean up the Nation’s 2005, I missed rollcall votes numbered 557 wise receive. For example, an estimated dirtiest abandoned hazardous waste sites and and 558. Rollcall vote No. 557 was on the mo- 41,000 students were denied college assist- recapture lost jobs where they are most need- tion to suspend the rules and pass H.R. 3548, ance during the 2003/2004 academic year be- ed. a bill to designate the facility of the United cause of drug convictions. First passed by Congress in 1980, the cor- States Postal Service located on Franklin Ave- While the GAO was only able to collect data porate environmental income tax provided a nue in Pearl River, New York, as the ‘‘Heinz from 15 public housing agencies, out of more dedicated stream of revenue for the so-called Ahlmeyer, Jr. Post Office Building.’’ Rollcall than 3,000, those 15 agencies denied housing Superfund trust fund. In 1995, the last year vote No. 558 was on the motion to suspend to almost 1,500 families because of past drug before this corporate tax expired, it raised ap- the rules and pass, as amended H.R. 3989, a violations in 2003 alone. That indicates that proximately $700 million. At a rate of 12/100 bill to designate the facility of the United there are thousands of families and tens of of one percent on corporate profits over States Postal Service located at 37598 Good- thousands of individuals unable to receive $2,000,000, the tax was virtually without any hue Avenue in Dennison, Minnesota, as the housing benefits because a family member real impact on business, but supported worthy ‘‘Albert Harold Quie Post Office.’’ has a drug conviction. and rightful public purposes—creating jobs, re- Had I been present I would have voted The drug conviction ban on eligibility for fed- building our urban communities, and cleaning ‘‘yea’’ on rollcall votes Nos. 557 and 558. eral benefits also applies to Temporary Assist- up a legacy of unfettered industrial activity. f ance for Needy Families, or the TANF pro- The oil industry—not one company but the en- gram. TANF eligibility applies to families with tire industry—paid just $38 million in 1995. ON INTRODUCING THE ‘‘ELIMI- minor children. One study reflected that almost That’s about what is earned by the industry in NATION OF BARRIERS FOR 25 percent of drug offenders released from the first hour of the first day of the new busi- KATRINA VICTIMS ACT’’ prison in 2001 were eligible for TANF benefits, ness year. but were permanently barred from receiving it Reinstating the corporate environmental in- HON. ROBERT C. SCOTT due to their state’s application of the federal come tax would raise about the same amount OF VIRGINIA ban for a drug conviction. While some states of revenue as it did in 1995, according to esti- IN THE HOUSE OF REPRESENTATIVES do not apply the federal ban completely, other mates made by the Joint Committee on Tax- states, such as Alabama, Mississippi, Texas ation in 2003. That’s a negligible burden to Wednesday, November 2, 2005 and Virginia, where many of the displaced provide dedicated funds for restoring super- Mr. SCOTT of Virginia. Mr. Speaker, I am families are staying, have fully applied the fund sites. But those are estimates are a few pleased to join my colleagues, Congressman ban. years old. With corporate profits at current lev- RANGEL of NY, Congressman CONYERS of MI, Hurricanes Katrina and Rita have inflicted els, the revenue derived could certainly be Congressman THOMPSON of MS, Congress- suffering on millions of people. The suffering higher. man JEFFERSON of LA, Congressman FRANK will fall even harder on victims denied aid be- And, where are these superfund sites? In of MA, Congresswoman JACKSON-LEE of TX, cause of past drug offenses. Parents who urban areas of course, where redevelopment Congressman PAUL of TX, Congresswoman have lost everything and are struggling to feed is needed and where jobs are needed. But JOHNSON of TX, Congresswoman LEE of CA, themselves and their family will be denied what’s been happening? Industry is devel- Congressman HASTINGS of FL and Congress- TANF and food stamps; students who have oping greenfields in the far out suburbs be- man AL GREEN of TX in introducing the ‘‘Elimi- lost their school, tuition, fees, room and board, cause they don’t want to touch superfund

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.059 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2259 sites. And hundreds of thousands of brown- able character she unwittingly became a ‘‘necessary to meet United States obligations’’ fields across the nation sit idle instead of spark that ignited the flame of passion that added to the Hyde-Lantos substitute to S. being returned to productive use. Can we real- created ultimate change. Like Jackie Robin- 1713 implies that NASA could not purchase son breaking the color barrier in baseball, ly continue to afford leapfrogging existing and the right character was necessary in order to Russian goods or services if any other alter- valuable infrastructure to build anew? break the back of racism. Her commitment native was available. That is certainly not the That’s why the Superfund needs dedicated to social justice gave her iconoclastic status plain meaning of the phrase, nor the intent be- revenue. In 1995 when the tax expired, the as the epitome of courage and commitment. hind it. However, because Mr. SHERMAN ex- Superfund held a significant surplus, so few Her passing leaves a void in civil society plicitly invited correction, I am doing so here in people were concerned. Today, however, as that each one of us should seek to fill by liv- some detail. many had predicted, the surplus is gone. An ing lives of high moral value always refusing Here are three examples of arrangements empty trust fund, annual budget squabbles, re- to sit at the back of the bus of life and ready that are wholly consistent with the legislative cent budget cuts, and larger and more com- to accept our place at the forefront of the text, the Senate and House floor statements battle for social change.’’—Rev. Dr. Ben- plex site cleanups have hurt the superfund jamin K. Watts by the architects of this legislation, and the program, slowing or delaying cleanups. The Administration’s request for relief, but which lack of dedicated revenue for superfund has Mrs. Rosa Lee Parks, this great American would not be allowed under Mr. SHERMAN’s in- also put pressure on other parts of the EPA’s hero, deserves not only our tributes and grati- terpretation. budget. That pressure surely has been felt by tude, but our continuing commitment to peace, First, NASA has stated it wants to use the the Brownfields program, which is our premier justice, equality, and freedom for all. Russian Soyuz crew capsule to exchange program to bring sites back to productive use May God rest her soul. long-term ISS research crews, even during the and hasn’t yet been fully funded at authorized f time the Space Shuttle is flying, because this will allow the Shuttle astronauts to focus on levels. IRAN NONPROLIFERATION the job of assembling the Space Station to It is all the more distressing that we let the AMENDMENTS ACT OF 2005 corporate environmental income tax lapse 10 meet our international partner commitments years ago—forgoing $7 billion of dedicated SPEECH OF during the Shuttle’s limited remaining lifetime. funding for cleanup and redevelopment. Under the previously negotiated agreements That is why it is time to rededicate our- HON. DANA ROHRABACHER between our countries, Russia is no longer ob- selves to creating jobs, rebuilding urban Amer- OF CALIFORNIA ligated to provide NASA with Soyuz crew ica, and eliminating this core cancer in so IN THE HOUSE OF REPRESENTATIVES transport seats. Therefore, in this example, many of our communities. And isn’t it refresh- Wednesday, October 26, 2005 NASA would not be paying Russia for an obli- ing to advocate for a plan with worthy objec- gation they have promised to us. However, tives and a method to pay for it! Mr. ROHRABACHER. Mr. Speaker, I rise to because NASA could theoretically use the clarify a confusing or mistaken impression that f Space Shuttle as an alternative to carry out may have been left by one of my colleagues crew transfer, albeit at some risk and a cost HONORING ROSA PARKS during the House floor debate on S. 1713, the to our other ISS commitments, Mr. SHERMAN’s Iran Nonproliferation Amendments Act of inference would suggest NASA cannot do this. HON. ROB SIMMONS 2005, for which I served as the majority floor Given that the primary exigency for adopting manager. OF CONNECTICUT this legislation is enabling continued U.S. oc- The purpose of enacting S. 1713, as IN THE HOUSE OF REPRESENTATIVES cupation of ISS beyond April of next year, amended by the House, is twofold: to which requires payment for training and Wednesday, November 2, 2005 strengthen our nonproliferation tools in dealing launch to ISS of a NASA astronaut on the Mr. SIMMONS. Mr. Speaker, I rise today in with Iran and also Syria, and at the same time next Soyuz launch, Mr. SHERMAN’s interpreta- honor of Mrs. Rosa Lee Parks. enable necessary cooperation between NASA tion is incorrect. Mrs. Parks’s refusal to give up her seat to and U.S. businesses with their Russian coun- Second, Chairman HYDE’s statement explic- a white man on a bus in Alabama in 1955 trig- terparts on the International Space Station. itly makes clear that cargo resupply services gered a 381-day boycott of buses, organized Just to be clear, in no way does S. 1713 favor to ISS using technology developed by Russian by the then little-known Baptist minister Martin our space goals at the expense of effective- companies would be legal under the amended Luther King Jr. She did so without knowing the ness in nonproliferation. In fact, the time-lim- Act, again within the limitations I stated above. support she would rally. ited authority we give NASA to purchase, ei- This would be the case regardless of whether Her single act of quiet courage and defiance ther directly or through U.S. companies, Rus- the Space Shuttle might technically be avail- on that December day undeniably became a sian space goods and services, is in my view able to deliver cargo to ISS, namely through watershed moment in the history of U.S. civil a net plus for nonproliferation, not a minus. the middle of 2010. rights. That said, I want to stress that the legisla- Third, some bidders may wish to use a very It’s most fitting that at today’s funeral in De- tion the House adopted, and the intent of that reliable and capable U.S. launch vehicle, one troit, R&B legend Aretha Franklin sang ‘‘The legislation, allows NASA significant flexibility in which the Defense Department uses right now Impossible Dream’’ in honor of Mrs. Parks. It using Russian space goods and services to to launch critical military satellites, and which was that action nearly 50 years ago that support the assembly and operation of the happens to incorporate Russian rocket en- sparked what seemed at the time to be the International Space Station between now and gines. Nothing in this bill was meant to pre- impossible dream of the modern civil rights January 1, 2012. NASA is free to make pay- clude such activities, even though there might movement, culminating in the 1964 federal ments pursuant to the Intergovernmental be similar launch vehicles which do not use Civil Rights Bill. Agreement on ISS ‘‘or any protocol, agree- Russian rocket engines. Mr. HYDE’s statement In 1996, Mrs. Parks received the Presi- ment, memorandum of understanding, or con- makes this clear. dential Medal of Freedom, awarded to civilians tract related thereto.’’ As Chairman HYDE Beyond those examples, I would offer the who make outstanding contributions to Amer- pointed out in his floor statement, this means words of House Science Committee Chairman ican life. In 1999, she was awarded the Con- that after enactment of this legislation, NASA BOEHLERT as further disputation of Mr. SHER- gressional gold medal, the nation’s highest ci- can enter into new arrangements to meet our MAN’s reading. In his floor statement, Chair- vilian honor. needs regarding ISS, but that NASA will not man BOEHLERT declares that ‘‘by setting a Mr. Speaker, with the permission of this enter into new obligations beyond or unrelated specific end date for our current relationship House, I would like to enter into the RECORD to the ISS. with the Russians’’ the bill ‘‘encourages NASA the words of a civil rights leader in my com- The primary limitations with respect to ISS to find commercial firms that are not depend- munity, the Rev. Dr. Benjamin K. Watts, Pas- payments are the sunset date of January 1, ent on the Russians to carry cargo in the fu- tor of the Shiloh Baptist Church in New Lon- 2012, and the existing statutory requirement ture.’’ While I may disagree with that goal or don (CT). that the specific Russian entities to be paid a sunset date’s effectiveness as a manage- have not been sanctioned as proliferators ment tool, if Mr. SHERMAN’s reading were true, ‘‘Rosa Parks was a woman of character, commitment and courage. When she sat under the earlier sections of the Iran Non- the sunset date would be superfluous, be- down the world stood up against injustice, proliferation Act. cause once a U.S. provider whose service had bigotry and hatred. Mrs. Parks was not the I point all of this out because my friend and no Russian content emerged, NASA would be first to refuse to live down to the status quo colleague, Mr. SHERMAN, mistakenly sug- barred from any further payments, let alone of inequality yet because of her unimpeach- gested during the floor debate that the phrase purchases, from companies which do use

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.063 E03NOPT1 E2260 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 some Russian content. Clearly Chairman While there has been recent improvement in scores the freedoms and values we cherish as BOEHLERT’s interpretation is the same as the VA’s technology systems, there is a lot Americans and that we claim to be the reason Chairman HYDE’s and my own: Russian con- they can do to provide better healthcare to we have gone to war in Iraq, Afghanistan and tent is allowed up until the January 1, 2012 Veterans. I am proud to support this effort to other parts of the world. date. better the lives of the men and women who Today, as a Congress we must respect and Finally, I would just echo the comments have given so much for this country. honor our nation, those that risk their lives to made by Chairman CALVERT during the floor Had I been present, I would have also voted serve it, and the high standards and ideals on ‘‘yea’’ on H.R. 1691—John H. Bradley Depart- debate: the ISS program requires long-term which it is based. Supporting the McCain ment of Veterans Affairs Outpatient Clinic flexibility for NASA to safely and cost-effec- amendment is not an issue of political dif- tively execute both for our taxpayers and to Designation Act. ference; it is an issue of national identity. meet our international commitments. We are f partners with Russia in the Space Station. The McCain amendment is needed to close Both NASA and its commercial providers need SUPPORT FOR INSTRUCTING CON- a loophole in current policy that does not ex- to be able to exchange goods and services at FEREES ON THE FY2006 DEFENSE plicitly describe standards for foreigners held ISS with nonproliferation compliant Russian APPROPRIATIONS BILL under U.S. custody abroad. This amendment entities for the lifetime of the station, particu- reiterates and clarifies our existing policy that larly as we seek to engage the U.S. private HON. JAMES P. MORAN prohibits the use of torture, cruel, inhuman, sector in ISS operations. Last week the House OF VIRGINIA and degrading treatment by U.S. soldiers and made clear that even in a time of great con- IN THE HOUSE OF REPRESENTATIVES agents who are detaining and interrogating cern over the manifest threat from Iran, we Wednesday, November 2, 2005 prisoners in the global war on terror, requiring want NASA and industry to have this ability at that they use the techniques sanctioned in the least through January 1, 2012. Mr. MORAN of Virginia. Mr. Speaker, I rise Army Field Manual on Intelligence and Interro- today in strong support for instructing con- f gation. ferees on the FY2006 Defense Appropriations PERSONAL EXPLANATION bill to include the amendment by our colleague I urge my colleagues to resist any efforts to in the Senate, JOHN MCCAIN. This provision accept a watered down version of Senator would simply provide for uniform standards for MCCAIN’s language that would grant excep- HON. ELTON GALLEGLY tions for the CIA to conduct its own investiga- OF CALIFORNIA the interrogation of persons under the deten- tion of the Defense Department and a prohibi- tions of detainees in locations overseas that IN THE HOUSE OF REPRESENTATIVES tion on cruel, inhumane, or degrading treat- are independent of the Army Field Manual. Wednesday, November 2, 2005 ment or punishment of persons under custody Such a move, which apparently is being or- Mr. GALLEGLY. Mr. Speaker, on Tuesday, or control of the U.S. Government. chestrated by the Vice President’s office, November 1, 2005, I was unable to vote on Senator MCCAIN knows the ravages of war would only defeat the intent of the provision the motion to suspend the rules and pass H.R. and devastating effects of inhumane treatment adopted in the Senate and cause further con- 3548, to designate the facility of the United at the hands of an enemy. He and other fusion among military and civilian service peo- States Postal Service located on Franklin Ave- American soldiers during the Vietnam War ple charged with detainee interrogations. nue in Pearl River, New York, as the ‘‘Heinz were subjected to terrible treatment that no The Army Field Manual has been used as Ahlmeyer, Jr. Post Office Building (rollcall human being ought to endure. In recent floor the standard for interrogation guidance since it 557); and on H.R. 3989, to designate the facil- remarks, Senator MCCAIN explained that dur- was established during the Reagan Adminis- ity of the United States Postal Service located ing his time in captivity he and his fellow tration. The Manual does not cast any tech- at 37598 Goodhue Avenue in Dennison, Min- American soldiers drew strength from knowing nique into stone, but changes with time and nesota, as the ‘‘Albert Harold Quie Post Office that the institution to which they belonged, the includes techniques and descriptions that are (rollcall 558). Had I been present, I would U.S. military, and the country they served classified so as not to be uncovered by en- have voted ‘‘yea’’ on both measures. stood for the highest of principles and ideals. emies. f They believed that the U.S would never treat prisoners of war the way that they were being In a sign of broad bipartisan support, the PERSONAL EXPLANATION treated. Senate overwhelmingly approved the McCain No one would disagree that ‘‘torture, cruel, amendment in a 90 to 9 vote. In addition, 28 HON. RICHARD W. POMBO inhumane, and degrading treatment’’ is unjust, retired military leaders, including General but there is clear evidence that it is also inef- Shalikashvili, General Hoar, and General Colin OF CALIFORNIA Powell, have supported legislating the use of IN THE HOUSE OF REPRESENTATIVES fective. When put under extreme levels of pain or duress during interrogation, a detainee is the Army Field Manual through the McCain Wednesday, November 2, 2005 more likely to say anything to stop the pain, amendment. Mr. POMBO. Mr. Speaker, I was unable to regardless of its accuracy. Moreover, our own In today’s global war on terror, men and make votes today on the House floor because cruel treatment of others legitimizes the torture women in the armed forces are charged with of an untimely and unexpected crisis requiring of American citizens. Look no further than the the critical task of detaining and interrogating me to travel back home to be with my family desecrated bodies of American citizens and prisoners of war and enemy combatants with- in California. Unfortunately, I missed recorded soldiers killed in Iraq for tragic evidence of this out clear instructions on what is and what is votes and would like my intentions included in reaction. Furthermore, torture and inhumane not permissible. These ambiguities contributed the CONGRESSIONAL RECORD. treatment aids in the recruitment of terrorists to the absence of standards that resulted in Had I been present, I would have voted and fuels further terrorist activity. the degrading and inhumane treatment that ‘‘yea’’ on H.R. 1606—Online Freedom of As members of Congress, we have the we, and the rest of the world, witnessed at Speech Act. Constitutional obligation, under Article I, Sec- Abu Ghraib and what apparently occurred at I would have also voted ‘‘yea’’ on H.R. tion 8, to speak out on this issue and others Guantanamo at the hands of young and ill-ad- 4061—Department of Veterans Affairs Infor- related to treatment of foreign detainees in vised soldiers. mation Technology Management Improvement war. We also have a moral obligation to op- The abuses at Abu Ghraib and Guatanamo Act of 2005. This important bill will help im- pose cruel and degrading treatment of human stained the honor of our country and our mili- prove Veterans’ health services by improving beings, and a patriotic obligation to stand up tary. I know that most of our constituents want the technology resources of the Veterans’ Af- for the honor of this country. fairs Department. In the wake of the scrutiny and embarrass- to amend these wrongdoings. In order to do The VA has spent about $1 billion per year ment that our nation has endured following the this, and to help protect the treatment of for the last decade to improve its information treatment of detainees at Abu Ghraib and American soldiers who may be held as pris- technology systems. This new bill will provide Guantanamo Bay, it is imperative that we pro- oners of war, we must give our troops clear in- some key oversight to ensure that this money claim to the rest of the world that this policy structions on acceptable treatment during de- is spent in the most efficient way possible, and reflects the law of the land and the conscience tainment and interrogation, without equivo- to reorganize the VA’s information technology of our country. Providing our soldiers with cation. to best serve the healthcare needs of the Na- clear, written guidance on how to treat detain- Let us not shrink from the responsibility that tion’s Veterans. ees not only protects their interests but under- stands before us; let us rise as a united body

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.066 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2261 to defend our principles, uphold our proud tra- are being honored for their 25 years of dedi- meaningful participation in the process. Think ditions and articulate to the world what Amer- cated service on the altar. The Annual Youth about this. American companies are directly ica stands for. I urge my colleagues to ex- Award recipient is choir member Maral impacted by these decisions, but they are not press their support to Chairman YOUNG to re- Firkatian, and parishioners Dirouhi Avakian, even considered in the process. In fact, for- tain the McCain amendment, without modifica- Mary Boornazian and Susan Shabazian will eign producers have more rights in this proc- tion, in the conference agreement to the each be presented with certificates of appre- ess than our own American industrial users. FY2006 Defense Appropriations bill. ciation. This is especially disturbing since steel con- f Mr. Speaker, I ask my colleagues to join me suming jobs outnumber steel producing jobs in honoring St. Stephen’s Armenian Apostolic by over 60 to 1. This is extremely unfair and TRIBUTE TO ST. STEPHEN’S AR- Church of Hartford-New Britain on the occa- unwise. MENIAN APOSTOLIC CHURCH OF sion of its 80th anniversary, honoring the life I testified at the ITC twice earlier this year HARTFORD-NEW BRITAIN, CON- and contributions of the beloved Otto during hearings on 5-year sunset reviews for NECTICUT AND ARAM ‘‘OTTO’’ Bayramian, and in extending thanks to those duties on hot-rolled steel and stainless steel BAYRAMIAN being honored at the anniversary celebration. sheet and strip. Duties on these types of steel Our Nation has been enriched by the lives had already been in place for 5 years, and HON. ANNA G. ESHOO and the faith of generations past, as well as now the ITC was required to make a decision OF CALIFORNIA parishioners of St. Stephen’s today. We are about whether they should continue. Compa- IN THE HOUSE OF REPRESENTATIVES unmistakably a better community and a more nies who need these types of steel testified at Thursday, November 3, 2005 decent Nation because of the Church, be- these hearings too and provided information cause of Otto Bayramian and because of the about the trouble they have getting the quan- Ms. ESHOO. Mr. Speaker, I rise today to contributions the Parish continues to make. tity and quality of the steel they need at com- honor a distinguished congregation, St. Ste- f petitive prices. When a manufacturing com- phen’s Armenian Apostolic Church of Hartford- pany can’t get the raw materials it needs, that New Britain, Connecticut, which is celebrating AMERICAN MANUFACTURING causes damage to the company particularly its eightieth anniversary on November 6, 2005. COMPETITIVENESS ACT when they have to deliver their products just- The Church is also honoring in memoriam in-time. Because of these duties, the industrial Aram ‘‘Otto’’ Bayramian, a beloved parishioner HON. JOE KNOLLENBERG users are suffering damage. and extraordinary leader. OF MICHIGAN I also introduced House Resolution 84, St. Stephen’s is the oldest Armenian church IN THE HOUSE OF REPRESENTATIVES which urges the ITC to consider the effects of in Connecticut and one of the oldest in our Thursday, November 3, 2005 duties on industrial users during these sunset Nation. Armenians began immigrating to the reviews. This resolution has 48 bipartisan co- United States in large numbers in the late 19th Mr. KNOLLENBERG. Mr. Speaker, today I, sponsors. All we were asking was that the ITC century when troubles in their historic land, along with 17 other bipartisan, original cospon- consider the effects of these duties on the now part of Eastern Turkey, began mounting. sors, am introducing the American Manufac- consuming companies. They brought their Christian faith with them turing Competitiveness Act (AMCA). This bill When the report explaining the ITC’s deci- and began conducting religious services in will help our manufacturing companies and sion to keep the duties in place came out, I rented churches. Fundraising for St. Stephen’s their workers in a time of need. Right now, was shocked that there was no evidence at all began in 1912, but it was interrupted several America’s manufacturers are facing unprece- that the ITC considered the effects of the du- times by world events. The groundbreaking dented international competition so it’s critical ties on the industrial users. Nothing. These took place in 1925, the culmination of many that we pursue policies that make American are American companies with American work- years of arduous work. manufacturing industries the strongest in the ers, but there was no evidence the ITC lis- St. Stephen’s is honoring extraordinary pa- world. tened at all. rishioners during its 80th birthday celebration In order to be competitive on the global Furthermore, during one of the hearings a and the event’s special honoree is Aram market, our manufacturing base has to have representative for the steel industry stated ‘‘Otto’’ Bayramian, who died in 1996. He access to timely supplies of competitively ‘‘the Commission is precluded from consid- served St. Stephen’s with distinction for more priced raw materials. Our manufacturers have ering the impact of imports of the subject mer- than 20 years. to sell their goods at globally competitive chandise on domestic steel consumers in de- Otto’s father, Umrah Bayramian was one of prices, so they need to get their inputs at glob- termining whether the antidumping order the founders of St. Stephen’s. Otto, a lifelong ally competitive prices too. should be revoked.’’ This person was saying resident of New Britain, was one of the most The problem is excessively high raw mate- in effect that the ITC is not even allowed to respected business and community leaders in rial prices are hurting our manufacturers. For consider the effects of their decisions on our the region. He was a decorated veteran of example, U.S. steel prices are now the highest manufacturing base. This is just wrong and it World War II, flying eight subpatrol and 40 in the world. As just one example, the price for must be addressed to prevent unnecessary missions successfully, retiring as a Captain in hot-rolled coil is over $100/ton higher than damage to our manufacturing base. the Air Force. anywhere else in the world. When the costs of Antidumping and countervailing duty laws Upon returning home, Otto joined his father inputs for our manufacturing base are higher are necessary and they’re in the interest of the in the family business, founding the Epicure than the rest of the world, it undermines their United States, when applied in an objective Market in Farmington, Connecticut. It became ability to compete. and fair manner, to prevent unfair pricing and known as the ‘‘gold standard’’ in the food busi- Government policies are part of the prob- subsidized competition. But it’s not fair and it’s ness throughout Connecticut. lem. For example, there are now over 150 dif- not acceptable when American companies Otto graced the stage of the theatre, includ- ferent import restrictions covering over 20 being hurt by duties on imports can’t even be ing the New Britain Repertory, the Mark Twain steel products from over 30 nations. Some of considered in the process. Masquers, the Producing Guild, and the Wa- these have been in effect since the 1980’s, Mr. Speaker, basic fairness and common terbury Civic Theatre. and cover steel products that are more expen- sense require us to change the law. My bill He was an organizer and Charter member sive here than anywhere in the world. These will address this problem by giving industrial of the Joel Eshoo Post 1 Assyrian American restrictions can cause large distortions in the users legal standing to participate in the anti- War Veterans which was established in 1946. U.S. market for raw materials, and can inflict dumping and countervailing duty processes. It His great love was St. Stephen’s Church harm on the manufacturers and workers who will require the ITC and the DOC to consider and he did everything possible to strengthen need those materials to make their products. the information provided by the businesses its future. They hobble our manufacturers in tight mar- that use these products. This is only fair. Fur- It is highly appropriate that as St. Stephen’s kets, and choke off our larger manufacturing thermore, the process for imposing duties will celebrates its founding 80 years ago, that the base. remain the same, with the addition of a simple life of Otto Bayramian and his countless con- However, the astonishing reality is this harm test that looks at the downstream harm. Under tributions to the betterment of St. Stephen’s is to our manufacturing base is being ignored this bill, when making decisions on import re- celebrated as well. when decisions about import restrictions are strictions, an economic impact test would be It is also fitting that the Church’s three made. The International Trade Commission conducted by the ITC to determine the net ef- archdeacons, Aram-Sumpad Khachoyan, (ITC) and Department of Commerce (DOC) fect on the American manufacturers affected Sebouh Asadourian and Edward Varjabedian don’t even allow the industrial users any by those decisions. In order for a restriction to

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.070 E03NOPT1 E2262 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 be imposed, the test must show it would pro- Earlier this year, many Chicagoans realized CONGRATULATING TOM GRACE vide greater benefit than harm to U.S. inter- that this team was something special. For ex- UPON HIS RETIREMENT ested parties in that case. If not, it can’t be im- ample, their style of play was unique. The posed. This is only fair, and makes sure our White Sox placed emphasis on aggressive HON. BRIAN HIGGINS policies are economically sound. base running, solid pitching, strong defense OF NEW YORK I urge my colleagues to join me in sup- and strategic hitting. This style of play became IN THE HOUSE OF REPRESENTATIVES porting this important bill to help our American known around the league as ‘‘Ozzie ball,’’ Thursday, November 3, 2005 manufacturing base be as competitive as it named after the White Sox former shortstop Mr. HIGGINS. Mr. Speaker, I rise today to can be. and now manager, Ozzie Guillen. f extend a sincere congratulations to my good The White Sox front office caught on to this friend Tom Grace upon his retirement as a so- CONGRATULATING THE CHICAGO trend and began marketing the Sox with their cial worker from the New York State Office of WHITE SOX ON WINNING THE 2005 ‘‘Grinder Ball Rules’’ ad campaign. One of Mental Retardation and Mental Disabilities. WORLD SERIES these ‘‘rules,’’ Grinder Ball Rule #7, was dem- Tom Grace worked for 30 years in the Devel- onstrated in a print ad featuring White Sox opmental Disabilities Service Office in West SPEECH OF closer and Japan native, Shingo Takatsu with Seneca, New York. HON. JERRY WELLER the line: ‘‘To win, you need defense, speed Tom is a well respected union official in OF ILLINOIS and discipline . . . And immigration.’’ Western New York; in 1981 he was elected as IN THE HOUSE OF REPRESENTATIVES the first President of Division 167 of the Pro- That ad captured two of the important com- Wednesday, November 2, 2005 fessional Employees Federation. Tom was the ponents of this historic team: the hard nosed Western New York Regional Coordinator for Mr. WELLER. Mr. Speaker, I rise in strong ball playing of the Sox and the diversity of PEF from 1985 through 1987. For many years support of this resolution honoring a sports players that came together to win the cham- he served on the Executive Board of the Buf- team that will go down in history as one of the pionship as a team. falo AFL–CIO District Council and presently best there ever was: the 2005 Chicago White The White Sox dugout at times sounded as serves on the Executive Board of the Western Sox. For a city so rich as Chicago in sports if it were a mini-United Nations. Jose New York AFL–CIO Federation. tradition—and sports misery, for that matter— Contreras and Orlando Hernandez from Cuba. Tom Grace is also a distinguished social ac- our first World Series championship since Damaso Marte, Luis Vizcaino, Pablo Ozuna, tivist. Tom has always been a leader in the 1917 has generated fond new memories for a Juan Uribe and Timo Perez from the Domini- fight for social change in the United States. He whole new generation of Chicagoans. is a staunch Democrat, and over the years he Perhaps most remarkable about the team can Republic. Freddy Garcia and manager Ozzie Guillen from Venezuela. Tadahito Iguchi has been most generous with his time and re- that has restored baseball pride to Illinois is its sources. Tom’s social activism goes back to recipe for success: teamwork, teamwork, and from Japan. And last, but not least, the Ko- rean baseball hero, always smiling bullpen his college days. On May 4, 1970 Tom was more teamwork. Ozzie Guillen, the man who one of the students wounded at Kent State catcher, ‘‘the Hulk,’’ Man Soo Lee. led this team of non-superstars, is in immi- while protesting the Viet Nam war. Tom’s spirit grant from Venezuela whose coaching future Their story is so familiar, so hopeful, for so is unwavering. He is committed to speaking was measured by some experts in terms of many immigrants in this country—men and out when he sees injustice; be it in the work months. Players such Scott Podsednik, A.J. women who, like them, come to the United place or the social theater that makes up this Pierzinski, and Bobby Jenks, who provided States to work hard, to provide for their fami- Nation. some of the series’ most thrilling and memo- lies and loved ones, so that they, too, can live Tom has a reputation for fearlessness; he is rable moments, were mostly cast-offs from a better and safer life and pursue the Amer- modest in stature but grand in his convictions. other teams. This Chamber, and indeed this ican Dream. Mr. Grace will be greatly missed but I am sure country, can learn a lot from the team-first he will not travel far from the causes so dear And that is why this resolution is so impor- principles which the Chicago White Sox to him. proved are the ultimate winning formula. tant, deserving and justified. Throughout his- It is with great pride and gratitude I stand Mr. Speaker, I’m particularly proud of the tory people have associated baseball with the here today to recognize Tom Grace for his manner with which the Chicago area cele- strengths of American culture and equated the many years of support and for his commitment brated our team’s victory. The moment Paul game with the best of our country’s character as a community advocate. I wish Tom, his Konerko caught the final out of Game Four, and resolve. wife Peggy and their children TJ and Allison millions of Chicagoans and thousands of my And in Chicago, we have found a team that many years of continued health and happi- own constituents poured out into the streets of embodies the character of our great city, es- ness. most every neighborhood, and managed to pecially the South Side of Chicago, where part f conduct themselves in a wildly enthusiastic, of my District lies. The team, much like the TRIBUTE TO JACK BASKIN yet safe and dignified manner. The victory South Side, is composed of close-knit friends celebration downtown attracted 1.7 million who do their work diligently and without much people and had to be held on a Friday be- fanfare. You can see it in the fan base, espe- HON. ANNA G. ESHOO cause nobody wanted to wait until the week- OF CALIFORNIA cially when you watch games on television. end. IN THE HOUSE OF REPRESENTATIVES When the White Sox swept the Red Sox in the Mr. Speaker, the world-class city that is Chi- Thursday, November 3, 2005 cago now has another world championship first round of the playoffs, celebrities like Ben calling card. I salute the 2005 White Sox and Affleck, Jennifer Garner, Matt Damon, and Ms. ESHOO. Mr. Speaker, Mr. FARR and I their fans, and I urge passage of this measure Robert Redford were easily identified by the rise today to honor an extraordinary citizen of honoring this utterly deserving team. television cameras panning around Fenway our community, Jack Baskin. Throughout his life, Mr. Baskin has made significant contribu- f Park. But when the next round came back to Chicago, the cameras weren’t as active look- tions to the betterment of Santa Cruz County CONGRATULATING THE CHICAGO ing for Bernie Mack, James Denton (the and he is held in the highest regard through- WHITE SOX ON WINNING THE 2005 plumber from ‘‘Desperate Housewives’’) and out our region. WORLD SERIES Dennis DeYoung of Styx. Jack Baskin, now a retired engineer and general contractor, was born in upstate New SPEECH OF And I think that’s just fine with the South York, the son of immigrants. During the Great Side and our city at large. The White Sox Depression his family made many sacrifices in HON. LUIS V. GUTIERREZ didn’t win the World Series by relying on the OF ILLINOIS order for him to go to college, and he was the star power of a few individuals. Instead they IN THE HOUSE OF REPRESENTATIVES first member of his family to do so. He at- had to work together and grind out every tended the University of Colorado where he Wednesday, November 2, 2005 game with blood, sweat and, after the cham- studied mechanical engineering, later transfer- Mr. GUTIERREZ. Mr. Speaker, I rise today pagne popped in the clubhouse, after the last ring to New York University where he earned to congratulate the Chicago White Sox for game of the year, tears of White Sox heroes his B.S. in aeronautical engineering. their historic 2005 season which culminated in who all share the spotlight equally with some After serving as an aeronautical engineer their first World Series victory in 88 years. of the best fans in baseball. Congratulations. during World War II, Mr. Baskin moved West

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.004 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2263 and in 1948, acquired his California Profes- Idaho, Board of Trustees for Saint Alphonsus Sergeant Kring and his family live in sional Engineers License. He settled in Cen- Regional Medical Center, and as a member of Waveland, MS, a community that was com- tral California, and founded Jack Baskin, Inc., the Idaho Governor’s State Science and Tech- pletely wiped off the map in the path of Hurri- focusing on building affordable housing in the nology Advisory Council. cane Katrina. Thankfully, Sergeant Kring’s San Francisco area, in Santa Cruz and in As mentioned earlier, Kirk is married to Eliz- family is alive and well, but their home was Watsonville. abeth M. Sullivan, they have two children and destroyed. When Sergeant Kring returned Jack Baskin is dedicated to his community three grandchildren. Originally from South after the storm to what previously was his and has given generously to it. Among the Carolina, Kirk attended Clemson University home, he spotted a group of displaced and local organizations that are beneficiaries of Mr. where he earned a Ph.D. and M.S. in chem- disoriented survivors of Katrina gathered in a Baskin’s time and donations are Cabrillo Col- istry. He also attended the Massachusetts In- Waveland K-mart parking lot. Sergeant Kring lege and Dominican Hospital. He was the stitute of Technology Program for senior ex- organized the group, built a temporary shelter founder of the Community Foundation of ecutives. During college he was a member of and a makeshift triage unit, and began assist- Santa Cruz County, and he has participated in U.S. Army Reserve. ing the injured. This parking lot was given the many other organizations for children, families, In his professional life, Kirk is a partner in name ‘‘Camp Katrina.’’ Sergeant Kring re- and senior citizens. The University of Cali- Veritas Advisors, a philanthropic fundraising mained there for days until he was able to get fornia, Santa Cruz, UCSC, has been a long and political consulting firm. Kirk retired from outside assistance. I understand that the loca- time recipient of Mr. Baskin’s extensive con- the Boise Cascade Corporation in 1998 after tion later became a portable military medical tributions. His donations have supported com- 27 years with the company. He retired as vice facility to help the victims of Hurricane Katrina puter engineering, instruction in the arts, the president of Governmental and Environmental in Waveland. Institute of Marine Sciences, Shakespeare affairs. He also worked for the FMC Corpora- Following Hurricane Katrina, Sergeant Santa Cruz, an endowed chair in psychology, tion for 13 years as an engineer, technical su- Eubanks went to Waveland to locate com- and a scholarship in literature. Mr. Baskin perintendent, and marketing manager. rades he had not been able to contact. Ser- chaired the UC Santa Cruz Foundation for 2 In reviewing the criteria for the Distinguished geant Stacy found Sergeant Kring at the years and remains a trustee. His commitment Eagle Scout Award, I learned that only nomi- ‘‘Camp Katrina’’ parking lot. The two tried to to education is memorialized by two prominent nations of truly distinguished individuals, those recover personal items from the remains of buildings named in his honor on the UCSC receiving extraordinary recognition, fame, or Sergeant Kring’s destroyed home. campus. eminence, are accepted. Previous award re- The 1108th Blackhawk unit stationed at Fort Jack Baskin is a model citizen and a highly cipients include President Gerald Ford, Astro- Shelby was training to go to Iraq in October, respected member of the community. Thou- naut Neil Armstrong, Secretary of Defense when Hurricane Katrina hit the gulf coast. Be- sands of individuals have benefited from his Donald Rumsfeld, retired General William cause of the massive destruction to our coast- al communities and because many of these generosity and dedication to higher education Westmoreland, Senators RICHARD LUGAR and soldiers’ homes were severely damaged or and community health care. LAMAR ALEXANDER, film director Steven Mr. Speaker, Jack Baskin’s life is an elo- Spielberg, and one of our former colleagues J. destroyed, it is my understanding that only 50 quent statement about what one committed J. Pickle of Texas. of the soldiers will be deployed to Iraq. Ser- citizen can do. We ask all our colleagues to This is a pretty impressive cast of char- geant Stacy is one of the 50, and I was not join us in honoring him for all he has done to acters with which Kirk’s name will now be as- surprised to learn that Sergeant Kring has vol- strengthen our community and to make our sociated. He is deeply deserving of this honor unteered to go as well. Mr. Speaker, the selfless dedication of these country better. and I want to take this opportunity to thank two gentlemen to their communities in a time Kirk for his service to his community, the State f of crisis is a tribute to their families, their com- of Idaho, and the United States of America. munities, and their service in the Armed HONORING DR. J. KIRK SULLIVAN, Kirk is a good citizen, a good friend, and a Forces. I am grateful to have these men serv- OF IDAHO, FOR RECEIVING THE great model for us all. DISTINGUISHED EAGLE SCOUT ing in our Nation’s military, and I commend f AWARD their service. A TRIBUTE TO LOCAL HEROES OF f HON. MICHAEL K. SIMPSON HURRICANE KATRINA AN ASSAULT ON AMERICA’S PUB- OF IDAHO LIC LANDS THE HARDROCK MIN- IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER ING PROVISIONS OF THE RE- Thursday, November 3, 2005 OF ALABAMA SOURCES COMMITTEE’S BUDGET IN THE HOUSE OF REPRESENTATIVES RECONCILIATION PACKAGE Mr. SIMPSON. Mr. Speaker, I rise today to pay tribute to a unique individual in Idaho of Thursday, November 3, 2005 high moral character and immense talent, J. Mr. BONNER. Mr. Speaker, I rise today to HON. NICK J. RAHALL II OF WEST VIRGINIA Kirk Sullivan. pay tribute to two heroes whose leadership IN THE HOUSE OF REPRESENTATIVES J. Kirk Sullivan is widely known in Idaho as following Hurricane Katrina is truly inspiring. the current chairman of the Idaho Republican Randy Boone, a retired U.S. Coast Guard Thursday, November 3, 2005 Party, but Dr. Sullivan is much more than that. Aviation Survivalman, recently wrote me a let- Mr. RAHALL. Mr. Speaker, among the many He is a husband, father, grandfather, friend, ter describing the selfless actions of two sol- egregious provisions of the Budget Reconcili- engineer, entrepreneur, businessman, and diers from the Army’s 1108th Blackhawk ation recommendations recently approved by most recently, he is the recipient of the high- squadron: Sergeant Stacy Eubanks and Ser- the Resources Committee is a raid on Amer- est award granted by the National Eagle Scout geant Kring. ica’s public lands and our natural resources Association—the Distinguished Eagle Scout Immediately following the landfall of Hurri- heritage of almost unparalleled proportions. In- Award. cane Katrina, Sergeant Eubanks, whose own cluded in these recommendations to be con- As several of my colleagues know, the Dis- home was damaged, loaded his truck with ice sidered by the House Budget Committee is tinguished Eagle Scout Award is a rare honor and water that he delivered to the Mississippi the worst kind of ‘‘sham reform’’ of the Mining indeed, given only to those who have held the coast. He went from house to house distrib- Law of 1872 that has ever been promoted dur- rank of Eagle Scout for 25 years or longer, uting all of the ice and water. He made a sec- ing my tenure in Congress and if enacted have gained status of fame or eminence in ond trip that same day, and the following day would result in a blazing fire sale of Federal their life work, and have shared their many tal- was joined by a neighbor. Others were soon lands to domestic and international corporate ents with their communities on a voluntary inspired to join him. Sergeant Eubanks and his interests. It is actually a step backward from basis. In each of these categories, Kirk not fellow volunteers delivered over 5 tons of ice, this 133–year old statute. only meets the requirements, he far surpasses hundreds of boxes of food, and several hun- Signed into law by President Ulysses S. them. dred cases of water throughout south Ala- Grant, the Mining Law of 1872 to this day gov- Kirk has participated in many organizations bama and Mississippi. He also organized a erns the mining of valuable ‘‘hardrock’’ min- and boards, currently serving as the Ore-Ida caravan with a tractor trailer truck and pickup erals such as gold and silver on Federal west- Council Boy Scouts of America President, as trucks with trailers loaded with food, water, ice ern public lands. The law allows private com- a member of the Board of Trustees for the and medical supplies from Mobile to Gulfport, panies to patent—purchase—public lands con- Public Employees Retirement System of MS. taining valuable minerals for a mere $2.50 to

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.009 E03NOPT1 E2264 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 $5.00 per acre, prices set in 1872, without royalties and bonus payments currently col- uses reasonably incident thereto’’—which paying a royalty—production fee—on the min- lected annually by the Federal Government would prohibit the government from levying ing of these minerals to the taxpayer. Since and shared with the States from onshore oil any royalty or other production fee on mining 1872, more than $245 billion worth of minerals and gas leases which in fiscal year 2004 to- operations. have been extracted from public lands at taled $1.850 billion. As a long time advocate of responsible re- these bargain-basement prices. Further, a Further, while the Resources Committee form of the Mining Law of 1872, after reflect- land area equivalent in size to the State of legislation would put off-limits to its provisions ing on these provisions, I find it hard to be- Connecticut has been sold to the mining in- certain Federal lands, such as National Parks, lieve that they would even be supported by re- dustry for less than $5 an acre. Since 1987, from location of new mining claims, it does not sponsible elements in the hardrock mining in- when I chaired the Energy and Minerals Sub- protect National Forests and Wilderness Study dustry. Further, they represent an assault on committee, I have worked to rewrite this anti- Areas, Areas of Critical Environmental Con- America’s natural resource heritage and to the quated law, introducing comprehensive reform cern, and other similar areas, even if these American taxpayer. And given my history on bills in each successive Congress. other areas have been withdrawn from new this issue, I find them personally insulting as In addition, at my urging, since 1994, and mining claim location. For example, there are well. with strong bipartisan support, Congress has currently more than 60,000 acres of mining In closing, I would note that the following placed an annual moratorium on the patenting claims in the Tongass National Forest, the groups, on behalf of the millions of members of mining claim on Federal lands. To be clear, largest intact temperate rainforest in the world, from across the country, agree with me that bona fide mining can and does take place on which would be available for sale under these these provisions should be deleted from the unpatented mining claims. There is no indica- provisions. And the Resources Committee pro- Resource Committee’s portion of the Budget tion or proof that this over one decade ban on visions do not protect National Parks, Wilder- Reconciliation Package: Taxpayers for Com- the patenting of mining claims has diminished ness Areas, and National Wildlife Refuges that mon Sense Action, Alaska Center for the Envi- in any respect the actual production of have unpatented claims within them. In Na- ronment, American Rivers, Amigos Bravos hardrock minerals from unpatented mining tional Parks alone, there are more than 900 Center for Biological Diversity, Center for Na- claims on western public lands. Yet, the Re- unpatented mining claims that would be sub- tive Ecosystems, Citizens for Victor Clark Fork sources Committee’s budget reconciliation rec- ject to sale for $1,000 per acre if these provi- Coalition, Colorado Environmental Coalition ommendations would repeal the moratorium sions become law. Colorado Information Networks for Respon- and reinstate patenting—the sale—of these In addition, the bill does not require that the sible Mining, Earth Island Institute, public lands. According to the Congressional lands have been used or will be used for min- Earthjustice, EARTHWORKS, Environmental Budget Office, this provision would only raise ing. As written, purchasing the land need only Protection Information Center, Environmental an estimated $158 million over the next 5 facilitate sustainable economic development. Working Group, Friends of the Clearwater, years by patenting public lands for $1,000 an Since the term is not defined, sustainable eco- Friends of the Earth, Friends of the acre or fair market value of only the surface of nomic development could include condo- Panamints, Gifford Pinchot Taskforce, Great the land—far from the true value of the min- minium construction, ski resorts, gaming casi- Basin Mine Watch, Greater Yellowstone Coali- erals underneath. Let me emphasize that. The nos, name it. A unanimous Supreme Court tion, Guardians of the Rural Environment, Resources Committee provision would allow said in 1979 that ‘‘the Federal mining law Idaho Conservation League, Indigenous Envi- the sale of potentially mineral rich public lands surely was not intended to be a general real ronmental Network, The Lands Council, Mari- for the mere cost of the surface estate, com- estate law. The American Law of Mining, the copa. Audubon Society, Mining Impact Coali- pletely ignoring the value to the underlying standard industry treatise on the mining law, tion of Wisconsin, Montana Environmental In- mineral estate. In contrast, an 8 percent roy- says that the law does ‘‘not sanction the dis- formation Center, Mount Graham Coalition, alty on the actual mineral production from min- posal of Federal lands under the mining laws National Environmental Trust, National Wildlife ing claims which I have long advocated would for purposes unrelated to mining.’’ Yet, ac- Federation, Natural Resources Defense Coun- raise $350 million in the same time period. cording to John Leshy, former Solicitor of the cil, Northern Alaska Environmental Center, Keep in mind that if one mines coal on Fed- Department of the Interior, ‘‘Subtitle B is effec- Okanogan Highlands Alliance, Oxfam Amer- eral lands, the company is required to pay ei- tively a ‘general real estate law’ and will put in ica, Rock Creek Alliance, Save the Scenic ther an 8 percent or 12.5 percent production the hands of corporations, the keys to pri- Santa Ritas, SHAWL Society, Sierra Club, Sil- royalty depending on whether the coal is deep vatize millions of acres of Federal land.’’ ver Valley Community Resource Center, or surface mined. Further, producers of on- In order to make it easier to dispose of Fed- Siskiyou Regional Education Project, Sky Is- shore oil and gas on Federal lands pay a 12.5 eral lands, these provisions would also free land Alliance, South East Alaska Conservation percent production royalty. But producers of the potential buyer from performing ‘‘mineral Council, Southern Utah Wilderness Alliance, gold, or silver or copper. . . . zero, zilch, noth- development work’’ on each unpatented claim Umpqua Watersheds, Westerners for Respon- ing. or block of claims or millsites. Instead, it states sible Mining, Western Organization of Re- The Mining Law of 1872 provisions adopted that this type of work should be performed on source Councils, The Wilderness Society, and by the Resources Committee without benefit ‘‘the Federal lands identified and submitted for Women’s Voices for the Earth. of public hearing also go far beyond just rein- purchase.’’ In other words, the potential buyer I urge my colleagues to join me in recom- stating the much-maligned ‘‘patenting’’ provi- need only show that there has been some mending that these provisions be stripped sion. In fact, the provisions would require the mineral development work somewhere on the from the Budget Reconciliation Package if Federal Government to sell such public lands lands being sold. The tracts could be huge be- they are included by the House Budget Com- to potential buyers, whether or not it is in the cause the proposal contains no limit on the mittee. America’s public lands are held in trust public interest to do so. Under the Resources acreage or numbers of claims that could be for future generations. They deserve to be Committee legislation, a prospective purchaser purchased. protected, not sold off at fire sale prices. would merely (a) file a mining claim or mill site Moreover, the provisions so broadly define American taxpayers deserve to be paid a fair or ‘‘blocks of such claims,’’ (b) present evi- ‘‘mineral development work’’ as to render it es- royalty for the minerals taken from public dence of mineral development work performed sentially meaningless. It could involve activi- lands, not to be cheated by a bill that sells on the lands they want to buy totaling at least ties that never come close to the land itself; their land to corporations for much less than $7,500 per claim, (c) pay for a land survey, e.g., geologic, geochemical or geophysical its true worth. We can do better. and (d) show up to get the deed. surveys, which can be done remotely. It could f As such, under these provisions anyone, in- involve, for example, buying and looking at cluding real estate developers and oil and gas satellite data, or going through USGS reports; PERSONAL EXPLANATION companies, could purchase and develop nat- or hiring a consultant to do on-line or library ural areas that are currently important for searches. And, it could include environmental HON. JEFF MILLER recreation, wildlife, fisheries or regional drink- baseline studies, or ‘‘engineering, metallur- OF FLORIDA ing water supplies under the guise of a mining gical, geotechnical and economic feasibility IN THE HOUSE OF REPRESENTATIVES law. This would enable oil and gas companies studies.’’ Again, consultants doing on-line Thursday, November 3, 2005 to purchase the land they currently lease from searches and library work would qualify. the Federal Government. Not coincidently, These provisions also prohibit any other Mr. MILLER of Florida. Mr. Speaker, I would since most Federal oil and gas leases occur fees or fair-market-value assessments to be like to offer a personal explanation of the rea- on Federal lands not protected by this legisla- applied to ‘‘prospecting, exploration, develop- son I missed rollcall votes Nos. 559, 560, and tion, this provision would put at risk the rents, ment, mining, processing, or reclamation, and 561 on November 2, 2005. It was suspension

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.012 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2265 votes on H.R. 1606, the Online Freedom of Mr. Speaker, I ask that my colleagues join year-only event. Every year during the Jewish Speech Act, H.R. 4061, the V.A. Information me in wishing Monica and her family luck as month of Heshvan, Jews around the world will Technology Management Improvement Act, they embark on this new chapter in their life. renew our commitment to making this world a and H.R. 1691, the John H. Bradley Depart- Thank you Monica, for your service and con- better place. ment of Veterans Affairs Outpatient Clinic tribution to New Mexico. Minister Michael Melchior and Member of Designation. f Knesset Colette Avital deserve special rec- f HONORING C.J. ENTERPRISES ognition for their early and strong support for MONICA ARMENTA LEAVES KOB– this concept. My Jewish colleagues and Jew- TV CHANNEL 4 ish people in many other countries are also HON. ZACH WAMP launching similar plans in their respective OF TENNESSEE countries from Brazil to Britain. HON. TOM UDALL IN THE HOUSE OF REPRESENTATIVES OF NEW MEXICO Additionally, I would also like to make spe- Thursday, November 3, 2005 IN THE HOUSE OF REPRESENTATIVES cial mention of Kol Dor and the co-chairs of Mr. WAMP. Mr. Speaker, I rise today to Jewish Social Action Month: Adina Danzig, Thursday, November 3, 2005 honor C.J. Enterprises, Inc., for a successful Executive Director of the Stanford Hillel; Rabbi Mr. UDALL of New Mexico. Mr. Speaker, I 25 years of service to Tennessee’s 3rd Con- Gidon Sylvester, assistant to Deputy Minister rise today to pay tribute to an exceptional New gressional District and our country. Founded in Michael Melchior; and Yosef I. Abramowitz, Mexican and journalist, Monica Armenta. She 1980, C.J. Enterprises was created as a con- CEO of Jewish Family & Life. will be leaving KOB–TV Channel 4 to become sultant service by Mrs. Carolyn Jones, who I commend the people working to make this the new executive director of the Albuquerque now serves as the President and CEO. Mrs. goal a reality and urge my colleagues and Public Schools Foundation. Jones is a product of Chattanooga, TN and a people of all faiths to participate in community Ms. Armenta has worked at KOB–TV for graduate of Emory University where she re- service and commit themselves to the prin- over 20 years, beginning as a 19-year-old in- ceived her degree in health information man- ciple of Tikkun Olam, to repairing the world. tern and She has been the morning news agement. Along with her husband Edward G. show anchor there for the past 15 years. She Jones, Mrs. Jones has dedicated her career to f has always held herself and her colleagues to service in the field of records and information a higher standard and this has resulted in the services. IN HONOR AND REMEMBRANCE OF exceptional quality of her news coverage. Within its 25 year span, C.J. Enterprises U.S. MARINE LANCE CORPORAL She has been recognized by numerous has become one of the premier minority and ROBERT F. ECKFIELD awards throughout her career in broadcast woman-owned companies in the country pro- journalism. She is the recipient of the Rocky viding records and information management Mountain Emmy Award 1986–87 for her spot services to health care facilities, government HON. DENNIS J. KUCINICH coverage of the Global Hilton hot air balloon agencies, and commercial businesses. C.J. crash and she was also given the UNM Pro- Enterprises has provided exceptional services OF OHIO fessional Achievement Award. Ms. Armenta to customers in over 30 states. The com- IN THE HOUSE OF REPRESENTATIVES has been selected as one of New Mexico’s 40 pany’s growth and success is evident through top influential people under 40 by New Mexico the numerous awards and accolades for its Thursday, November 3, 2005 Business Weekly as well as a YWCA Woman highly professional and effective services. on the Move. Ms. Armenta has also been a C.J. Enterprises is a true example of how Mr. KUCINICH. Mr. Speaker, I rise today in notable speaker at conferences, awards din- dedication, hard work, and commitment can honor and remembrance of United States Ma- ners and schools. pay off in our nation. Congratulations to C.J. rine Corporal Robert F. Eckfield of Cleveland, Aside from being a famous and reliable TV Enterprises, for 25 years of remarkable serv- Ohio, who bravely and selflessly heeded the anchor that thousands of New Mexicans wel- ice to our region, state, and nation. call to duty and made the ultimate sacrifice on behalf of our country. come into their home every morning, Ms. f Armenta has shown herself to be a vital leader Family, friends and service to others framed in New Mexico and her new job with the Albu- ANNOUNCING JEWISH SOCIAL Corporal Eckfield’s life. He gained personal querque Public Schools Foundation is a testa- ACTION MONTH strength and faith from those who knew him ment of her continued commitment to enhanc- best and loved him most, especially his moth- ing her community. HON. STEVE ISRAEL er, Virginia Taylor; father, Robert Eckfield; Ms. Armenta has shown her dedication to OF NEW YORK stepfather, Norman Taylor; brothers and sis- bettering education and was a former jour- IN THE HOUSE OF REPRESENTATIVES ters, Nathan, Rachael and Norman; niece nalism teacher at West Mesa High School. I Thursday, November 3, 2005 Makala; grandparents, Gerald and Doris commend her for embracing her roots in New Eckfield and William and Ruth Taylor; and his Mexico and working to improve the edu- Mr. ISRAEL. Mr. Speaker, I rise today in girlfriend, Beth Dunkle. cational system that has been such a part of support of the goals and ideals of Jewish So- her life. Ms. Armenta told a reporter in July, cial Action Month. Corporal Eckfield’s energetic spirit and ex- ‘‘I’m a product of APS and I feel it’s time for This first annual Jewish Social Action pansive heart easily drew others to him. His me to give back.’’ Month, which is being held in conjunction with steadfast focus on serving the public and his I have enjoyed appearing with Monica on the Jewish month of Heshvan, November 3– leadership abilities were evidenced throughout her program ‘‘Eye on New Mexico’’ and have December 1, 2005, was conceived by Kol Dor, his life. He attended John Marshall High consistently found her news coverage to be an international group of next-generation School and graduated from the Cleveland smart, informative and reliable. I admire her young leaders. It is as a result of their vision Christian Academy. Family, friends and serv- exceptional ability to balance her roles as a of encouraging community service and social ice to others were the core components of his mother, a wife, a journalist and an activist. action that this important initiative is being un- life. Corporal Eckfield honorably served three Although she will be greatly missed as a dertaken around the world. tours of duty. journalist, I am certain that she will be a won- This month and these days have been se- Mr. Speaker and Colleagues, please join me derful addition to the APS community. Her en- lected since they follow Rosh Hashanah and in honor and remembrance of Corporal Robert ergy, intelligence and enthusiasm have always Yom Kippur, the holiest days in the Jewish F. Eckfield. I extend my deepest condolences translated into success and I anticipate that year. Heshvan follows a time when all Mem- to his family members and many friends. The her career in the education community will not bers of the Jewish faith face ourselves, look ultimate sacrifice, unwavering service and only be rewarding for her as an individual, but inward, and cleanse ourselves of all our mis- endless heart that framed his young life will be will provide the Albuquerque Public Schools deeds. Then, it is during Heshvan that we look kept alive in the hearts and memories of ev- Foundation with a wonderful new voice of forward to the promise of the New Year. eryone who knew and loved him best—his leadership. Although the state of New Mexico There is no better way to begin our New family and friends. Corporal Eckfield’s coura- is losing a valued journalist we are gaining a Year than by launching into a month-long seri- geous life and legacy of service will be forever vocal and significant advocate for the school ous effort to commit to social action. This honored and remembered by the Cleveland system. commitment being made today is not a one- community and by our entire nation.

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A03NO8.016 E03NOPT1 E2266 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 HONORING SPECIAL AGENT MI- gently to ensure the safety and security of our Authority Committee. I am honored to com- CHAEL WOLF FOR HIS MANY communities and our Nation. Good Luck and mend Gus for his commitment and dedication YEARS OF SERVICE TO THE God Bless. to the well being of those who seek his knowl- COMMUNITY f edge and leadership. His efforts and hard work are worthy of the highest recognition. HON. ROSA L. DeLAURO PERSONAL EXPLANATION Although Gus’s career consumes much of OF CONNECTICUT his time, Gus has never limited the time he IN THE HOUSE OF REPRESENTATIVES HON. ROBERT MENENDEZ gives to his most important interest, his family. OF NEW JERSEY He and his wife, Beth, have three children and Thursday, November 3, 2005 IN THE HOUSE OF REPRESENTATIVES two grandchildren. Ms. DELAURO. Mr. Speaker, it is with great Mr. Speaker, I ask that you and my other Thursday, November 3, 2005 pleasure that I rise today to extend my sincere distinguished colleagues join me in com- thanks and appreciation to Special Agent Mi- Mr. MENENDEZ. Mr. Speaker, I was absent mending the Asian American Medical Society chael Wolf who has served the Federal Bu- from votes in the House on Wednesday, No- and Gus Olympidis for their outstanding con- reau of Investigation for over 30 years. Just vember 2, due to a previous and unavoidable tributions to the community. Their commitment last month we learned that Special Agent Wolf commitment. Therefore, I was unable to vote to improving the quality of life for the people would be leaving the New Haven Field Office on H.R. 1606, the Online Freedom of Speech of Northwest Indiana and throughout the world to a new position at the Washington Head- Act, rollcall No. 559; H.R. 4061, the Depart- is truly inspirational and should be recognized quarters. It was with great excitement that we ment of Veterans Affairs Information Tech- and commended. heard Special Agent Wolf had been selected nology Management Improvement Act, rollcall f by FBI Director Robert Mueller, III to serve as No. 560; and H.R. 1691, the John H. Bradley Special Agent in Charge of the Critical Inci- Department of Veterans Affairs Outpatient TRIBUTE TO COLORADO’S 137TH dent Response Group. Clinic Designation Act, rollcall No. 561. Had I SPACE WARNING SQUADRON Throughout his career, Special Agent Wolf been present, I would have voted ‘‘nay’’ on has demonstrated a unique commitment to rollcall 559 and ‘‘yea’’ on rollcalls 560 and HON. MARILYN N. MUSGRAVE public service and has dedicated a lifetime to 561. OF COLORADO ensuring the safety and security of our com- f IN THE HOUSE OF REPRESENTATIVES munities and our Nation. He has exhibited a Thursday, November 3, 2005 deep commitment to public safety not only in TRIBUTE TO THE 29TH ANNUAL joining the Federal Bureau of Investigation, but ASIAN-AMERICAN CHARITY BALL Mrs. MUSGRAVE. Mr. Speaker, I rise today in successfully combating crime in a myriad of to congratulate a truly outstanding component forms. HON. PETER J. VISCLOSKY of this Nation’s defense—the 137th Space Joining the Bureau in 1973 as a physical OF INDIANA Warning Squadron based in Greeley, Colo- science technician, Agent Wolf was soon ap- IN THE HOUSE OF REPRESENTATIVES rado. For the fourth time in five years that pointed to the position of Special Agent. His squadron has won the Distinguished Mission Thursday, November 3, 2005 first assignment took him to Pittsburgh, Penn- Support Plaque. This coveted award is spon- sylvania where he worked on applicant, white Mr. VISCLOSKY. Mr. Speaker, it is my dis- sored by the National Guard Association of collar crime, organized crime, and narcotics tinct pleasure to announce that the Asian- the United States and is presented by Lt. Gen- matters. Just 5 years later, Agent Wolf was American Medical Association will be hosting eral Daniel James, Director of the Air National selected as a member of the Bureau’s Hos- the 29th Annual Asian-American Charity Ball Guard. Only five units from the entire Air Na- tage Rescue Team where he served for 3 on Saturday, November 5, 2005, at the Avalon tional Guard are selected to receive this pres- years until his promotion to FBIHQ Supervisor, Manor in Hobart, Indiana. Each year, the tigious award recognizing superlative perform- responsible for domestic terrorism matters. Asian-American Medical Association honors ance in the defense of our nation. Transferred to the New Haven Field Office as prominent, extraordinary citizens for their con- In congratulating the unit for its outstanding a Field Supervisor, Agent Wolf headed the tributions to the community. In recognition of performance, I would like to give special rec- Crime/Drug Squad in Connecticut and super- their tremendous efforts, these individuals are ognition to the former commander of the 137th vised the successful development of a case honored at the banquet and awarded the pres- Space Warning Squadron, Brigadier General against organized crime. He then went on to tigious Crystal Globe Award. Select William E. Hudson, Air National Guard. be promoted to the position of Inspector which The Asian American Medical Association is During his nearly 10 years of service, from brought him back to FBI headquarters. a great asset to Northwest Indiana. This orga- 1996 to 2005, Colonel Hudson served as Di- For the last 6 years, Agent Wolf has served nization has dedicated itself to providing qual- rector of Operations and then as Commander as Special Agent in Charge of the FBI in Con- ity service to the residents of Indiana’s First of the unit. He led the unit through numerous necticut. I am so pleased to have this oppor- Congressional District and has demonstrated real world and exercise operational programs. tunity to express my deepest thanks and ap- exemplary service in its cultural, scholastic, On September 11, 2001 and afterwards, Colo- preciation to Special Agent Wolf for his gra- and charitable endeavors. nel Hudson ensured that the 137th Space cious assistance to both myself and my staff At this year’s annual charity gala, the Asian- Warning Squadron would meet and exceed its during his tenure in New Haven. His door has American Medical Association will present Mr. mission responsibilities to Air Force Space always been open to us, always available to Gus Olympidis with the Crystal Globe award. Command. I would also like to recognize Brig- answer our questions or assist in any way that Gus is the President and Chief Executive Offi- adier General Mike Edwards of the 140th he could. It gives me piece of mind to know cer of the Family Express Corporation based Wing at Buckley Air Force Base and Major that Special Agent Wolf will be next serving as in Valparaiso, Indiana. He currently serves as General Mason Whitney, the Colorado Adju- the Special Agent in Charge of the Critical In- a Director and a member of the Executive tant General, for their superlative support of cident Response Group. Through the myriad Committee of Centier Bank. He is also a Di- the 137th Space Warning Squadron. of positions he has held and variety of respon- rector of the Valparaiso Community Develop- In 2003 the squadron was rated ‘‘Excellent’’ sibilities he has been charged with, Agent ment Corporation, Director of the Northwest by USAF Space Command’s Operational Wolf has developed a distinguished reputation Indiana Forum, and Director of Valparaiso Uni- Readiness Inspection Team for exceptional and an impressive resume. With his knowl- versity’s College of Business Administration performance and outstanding leadership. In edge, expertise, and strong work ethic, I have Advisory Council. He also serves on the Por- addition, the unit has received ratings of Ex- no doubt that this new division of the Bureau ter County Foundation Board. cellent to Outstanding at countless inspections will be successful in their mission. Amongst Gus’s many positive accomplish- since its stand-up in 1996. The National Guard For his invaluable service and continued ments throughout his civic and convenience Association’s Distinguished Mission Support commitment to public service, I am proud to store industry engagements, he has also Plaque showcases the outstanding leadership, stand today to pay tribute to Special Agent Mi- taken on the role of President of the operational ability, and professional com- chael Wolf. I extend my very best wishes to Valparaiso Parks and Recreation Foundation, petence of Colorado Air National Guardsmen Agent Wolf; his wife, Francine; and his daugh- Chairman of the Valparaiso Chamber of Com- and women at the 137th Space Warning ters, Danielle and Lindsay as he accepts this merce, and was a member of the Valparaiso Squadron. new post in Washington, DC. I have no doubt University Town and Gown committee and a I am so proud that this unit constantly goes that he will excel in this position and work dili- Board member on the Regional Development above and beyond in its defense of Colorado

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.022 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2267 and the United States of America. I invite my Church. It was there he served for six years government of our stringent safety standards, colleagues to join me in thanking the men and as Director of Youth Development before mov- but have also made every effort to exceed the women of the 137th Space Warning Squadron ing on to the New Community Baptist Church requirements set forth by Japan’s Food Safety for their unparalleled service to our community of New York City as Pastor. Commission. and our Nation. He served there honorably before being American beef continues to be the safest f called to serve the Lord as Pastor of the Com- and the highest quality beef in the world. The munity Protestant Church in 1976, the place American beef producers deserve the full ben- KENTUCKY VICTIMS OF HOMICIDE he still calls home. efit of our bilateral trade agreement. This leg- MEMORIAL But he has inspired and educated not only islation reserves our right to respond forcefully from the pulpit, but out in the community should Japan prolong this shortsighted ban. I HON. BEN CHANDLER spreading the word of forgiveness, mercy, love urge my colleagues to join me in support of OF KENTUCKY and tolerance as part of the New York City this legislation. IN THE HOUSE OF REPRESENTATIVES Police Department’s Police Clergy Liaison Committee; as the Second Vice President of f Thursday, November 3, 2005 the Riverbay Board of Directors of Co-op City; Mr. CHANDLER. Mr. Speaker, November WELCOMING SOUTH KOREAN Treasurer of the Baptist Ministers Conference AMBASSADOR TAE-SIK LEE 10, 2005 is going to be a very special, yet bit- of Greater New York; and for eight years now tersweet day in Kentucky. After years of hard as a member of Community Board #10. He is work and planning, the Kentucky Victims of always serving his flock. HON. VITO FOSSELLA Homicide Memorial is going to be brought to The good works of Reverend Dr. Owens OF NEW YORK fruition. As former Attorney General I distinctly have not gone unnoticed. A certificate of IN THE HOUSE OF REPRESENTATIVES remember the beginnings of this project, and Award for Faithful Service from the New York Thursday, November 3, 2005 I regret that I must be voting in Washington Baptist Educational Center; the New York during the memorial dedication. Baptist Educational Center Certificate of Ap- Mr. FOSSELLA. Mr. Speaker, as cochair of I personally want to extend my heartfelt ap- preciation for Outstanding Service and Con- the Congressional Caucus on Korea, I would preciation to the KY Mothers Against Drunk tributions to the Department of Pastoral Care; like to take the opportunity to formally wel- Driving (MADD), the Kentuckians’ Voice for the Bronx Ministers Evening Conference come the Honorable Tae-Sik Lee as ambas- Crime Victims (KVCV), Resthaven Memorial Scholarship Award; the Harlem Hospital Cen- sador of the Republic of Korea to the United Park, Muldoon Memorials, and Dignity Memo- ter Certificate of Appreciation for Outstanding States and to congratulate him on his appoint- rial for their enormous efforts in seeing that Service and Contributions to the Department ment. this memorial became a reality. of Pastoral Care; as well as numerous other Ambassador Lee’s diplomatic credentials This memorial will serve as a remembrance awards for Christian leadership and service. and legacy are entrenched in a life-long devo- of all victims, a place of comfort for those who But the awards most important to highlight tion to promoting, enlarging and broadening have lost loved ones and an ongoing tribute to are the one’s provided by God—his three sons South Korea’s stature and prominence at the fight against crime. We must maintain and three daughters. They are a living tribute home and around the globe. He most recently hope in our struggle against violence. We to you, Reverend. served as vice foreign minister at the Ministry must continue to raise public awareness. And Therefore, on behalf of United States House of Foreign Affairs and Trade, MOFAT. His we must always honor the tragic deaths of in- of Representatives, I am honored to acknowl- other notable diplomatic assignments include nocent homicide victims. edge and honor the life and contributions of ambassador to the United Kingdom of Great The Kentucky Victims of Homicide Memorial Reverend Dr. Calvin E. Owens, Sr. as he Britain and Northern Ireland, ambassador to will send a powerful message to the citizens of celebrates his 29th Pastoral Anniversary. Israel and deputy executive director of the Ko- rean Peninsula Energy Development Organi- Kentucky. It is the largest memorial and only f memorial of its kind in all of the United States. zation, KEDO. It will serve as a place of inspiration, a place H.R. 4179: JAPANESE BAN ON It is clear that Ambassador Lee brings tre- of hope and a place of peace. I thank those AMERICAN BEEF mendous depth of experience and expertise to who made this memorial a reality, and I hope Washington. I was pleased to learn that, upon it will provide a small sense of comfort to HON. JIM COSTA his arrival on Friday, October 14, he stated, those who have been affected by violent OF CALIFORNIA according to the South Korean Embassy, that crimes. IN THE HOUSE OF REPRESENTATIVES he ‘‘looks forward to working together to f strengthen the U.S.-Korea alliance and im- Thursday, November 3, 2005 proving Korean-American relations.’’ HONORING THE REVEREND DR. Mr. COSTA. Mr. Speaker, today I rise in It is important to note that Ambassador Lee CALVIN E. OWENS, SR. support of H.R. 4179. This legislation would has the distinct honor of representing one of impose trade sanctions on Japan if the ban on America’s closest allies. For over 50 years, HON. JOSEPH CROWLEY American beef is not lifted by a reasonable the United States and South Korea have en- OF NEW YORK date. For decades, Japan has been a friend joyed a broad and comprehensive alliance, a IN THE HOUSE OF REPRESENTATIVES and reliable trading partner with the United partnership dedicated to peace and stability, States, and I anticipate that relationship will economic growth and prosperity through free Thursday, November 3, 2005 prosper. However, in spite of our best efforts, enterprise, and democracy with respect for Mr. CROWLEY. Mr. Speaker, I rise to cele- our fine relationship has been strained by Ja- human rights and the rule of law. brate and honor Reverend Dr. Calvin E. pan’s continued ban on imports of U.S. beef. South Korea has undergone a fundamental Owens, Sr. as he marks his 29th Pastoral An- There is reason to be optimistic that this transformation within the past 50 years, having niversary. But 29 years is only one milestone legislation will not be enacted if Japan takes emerged from a worn-torn and impoverished in a life dedicated to the community, to others, reasonable action. Japan’s Food Safety Com- nation into a full and mature democracy that and to God. mission gave a favorable report on Monday, has generated the world’s 11th largest econ- After 38 years as a preacher and a lifetime October 31, 2005, and will continue to review omy. South Korea now ranks as the seventh as a teacher, Reverend Dr. Calvin Owens has the ban for a mandatory one-month comment largest trading partner of the United States inspired and lifted so many to recognize the period. After the one-month waiting period, the with over $72 billion in trade volume annually potential that God has invested in each one of Japanese government may drop the ban and and is also the fifth largest market for U.S. ag- us. resume beef imports. However, should the ricultural products. In this regard, South Korea Reverend Owens’s career has seen him Japanese not take favorable action, the trade would make an excellent candidate for a Free travel through so many institutions, and like sanctions would go into effect on December Trade Agreement, FTA with the United States. the Good Samaritan, leave his mark every 15, 2005. South Korea remains an indispensable se- step of the way. The December 15 date is not arbitrary. In curity partner to the United States, having His pastoral journey began at Unity of Tab- fact, I believe it is a well-timed and necessary stood alongside our troops in all four major ernacle Baptist Church in Mt. Vernon and, in mechanism to encourage the ban to be lifted. conflicts that we have faced since the Korean 1968 after being ordained as a minister of the The U.S. beef industry and the federal govern- War. Most recently, in the U.S.-led war on ter- Gospel, he went to First Corinthian Baptist ment have not only assured the Japanese ror, South Korea has deployed more than

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.025 E03NOPT1 E2268 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 3,270 troops to Iraq—the third largest contin- lectual property and data privacy. The U.S. ed a need for fertilizer. For a fee, Harley gent after the United States and Great Brit- continues to support APEC efforts to put in would clean chicken coups and then sell the ain—and supported continuing operations in place effective legal regimes to ensure appro- fertilizer to large farms and gardeners. His Afghanistan. priate enforcement of e-commerce while pro- modest, yet successful business soon became South Korea has also remained a key part- tecting data collected during online trans- more than he could handle alone, so he em- ner in the six-party talks focusing on the ques- actions. By working in APEC, the U.S. can ployed neighborhood kids to help him out. tion of preventing nuclear proliferation in north- maximize its ability to engage countries lack- Later on, Harley capitalized on the in- east Asia, and its diplomatic efforts were indis- ing proper intellectual property rights protec- creased popularity of Dichondra lawns in front pensable in achieving the joint statement that tion. of ranch-style homes and soon began har- resulted from the recent fourth round negotia- Recognizing the increasing importance of vesting his family’s front yard and selling flats tions. I hope that for all the challenges that lie the Asiatic region to our national interests, I of Dichondra. The popularity of the grass con- ahead in future negotiations of the talks, we strongly support the effort to keep APEC ener- tinued, so Harley persuaded neighbors to let will continue to work together to denuclearize gized and at the center of American diplomacy him buy portions of their lawns for resale. By the Korean peninsula and promote peace and in East Asia. the age of 20, he was selling Dichondra stability in the region. f across Southern California and the family was For these reasons, Mr. Speaker, I wish to buying land for farming the grass. A second welcome Ambassador Tae-Sik Lee to the CELEBRATE THE 125TH ANNIVER- business was born when he then began devel- United States and express my personal appre- SARY OF MOUNT ZION MIS- oping farming equipment to collect and proc- ciation to the government and people of South SIONARY BAPTIST CHURCH ess Dichondra seed. Korea. According to unofficial estimates by the By the 1950s, Harley was president of Knox South Korean Embassy, our country is now HON. PATRICK T. McHENRY Seed Company, Inc. and moved operations to home to over 2 million Korean-Americans, with OF NORTH CAROLINA farmland adjacent to what is now March Air more than 444,000 who live in New York. I IN THE HOUSE OF REPRESENTATIVES Reserve Base. The company expanded into ask my colleagues to join me today in paying producing seed for grain crops, turf grass and Thursday, November 3, 2005 tribute to South Korea by extending their sod. After eventually selling the seed busi- hands in friendship to its ambassador, Tae-Sik Mr. MCHENRY. Mr. Speaker, the Mount ness, Harley focused on developing farming Lee. Zion Missionary Baptist Church in Kings tools and was president of Knox Manufac- f Mountain, North Carolina, will be celebrating turing Co. of Moreno Valley from 1977 to its 125th anniversary on November 6th of this 1986. The firm developed high-speed produce PRAISING THE UPCOMING ASIA- year. I wish to congratulate its Pastor, Rev- harvesters and held patents that soon became PACIFIC ECONOMIC COOPERA- erend C.A. Feemster, its dedicated Deacons, the industry standard. TION, APEC, SUMMIT, BUSAN, and its faithful congregation on this joyous oc- In 1983 he founded the land development SOUTH KOREA casion. and consulting firm Harley Knox & Associates, Built in 1880, the first Mount Zion Baptist which still develops industrial projects, assists HON. DONALD A. MANZULLO Church building was located on Piedmont Av- with land-use regulation and attaining govern- OF ILLINOIS enue and was led by their very first pastor ment entitlements. More recently, Harley was IN THE HOUSE OF REPRESENTATIVES Reverend R.L. Veal. The church was relo- a partner in March Global Port, an industrial cated to King Street in 1916, where it stook Thursday, November 3, 2005 development on 400 acres on the south side proudly until November 3, 1974, when then of March Air Reserve Base. The project lists Mr. MANZULLO. Mr. Speaker, I rise today Pastor Norris moved his congregation into Philips Electronics and DHL as tenants and in support of the administration’s efforts to their current building. provided the region with a significant eco- maintain a robust trade agenda that seeks to Since that day, the Mount Zion Missionary nomic contribution in the wake of the boost intellectual property protection at the up- Baptist Church has been blessed with such downsizing of the military base. coming meeting of the Asia-Pacific Economic wonderful rewards as its first full time, and In addition to his entrepreneurial efforts, Cooperation, APEC, forum in Busan, South current, pastor Reverend C.A. Feemster, an Harley served as an active member of numer- Korea. No regional institution is more impor- informative church newsletter, and an active ous community organizations, such as the In- tant to promoting U.S. interests on anti-coun- missionary program. land Empire Economic Partnership, The Valley terfeiting and piracy in Asia than APEC. Mr. Speaker, in recognition of the 125 years Group, the Riverside County Building Industry The 21 member states of APEC will con- of faithful service to God, the community, and Association, the Western Riverside County sider a range of pressing issues that include its congregation members, I wish to congratu- Council of Governments, the Riverside Com- supporting the World Trade Organization’s late the Mount Zion Missionary Baptist Church munity College Foundation, and the Riverside Doha Development Round, trade facilitation, on this truly blessed occasion, and I look for- Community Hospital Foundation. Following an and preventing the spread of avian influenza. ward to their continued service to the commu- appointment by former Gov. Pete Wilson, Har- APEC partners account for two-thirds of all nity. ley served as commissioner of the California U.S. trade and are playing an important role in f Boating and Waterways Commission. the war on terror. In 2004, APEC helped put The Inland Empire is a better place to live TRIBUTE TO HARLEY KNOX the Doha Round of the WTO’s negotiations today because of Harley’s extraordinary con- back on track, and it continues to help control tributions and his selfless dedication to his the proliferation of weapons of mass destruc- HON. KEN CALVERT community. On behalf of the Inland Empire I tion and combat regional corruption. OF CALIFORNIA want to convey our appreciation for all of Har- The APEC region is of great importance to IN THE HOUSE OF REPRESENTATIVES ley’s efforts and express our heartfelt condo- the United States—geopolitically, militarily, dip- Thursday, November 3, 2005 lences to the Knox family, including his wife lomatically, and economically. It accounts for Donna, daughter Victoria and sons Bryan and some 40 percent of the world’s population, Mr. CALVERT. Mr. Speaker, I rise today to Aaron, as well as his four grandchildren. recognize and honor a man who will long be over half of world trade, approximately 60 per- f cent of world GDP, and a disproportionate remembered for his innumerable contributions share of global growth in recent years. and the tremendous leadership he displayed THE ARRIVAL OF VIRGINIA The United States, Japan, and South Korea in the Inland Empire region of Southern Cali- PARKER ETHERIDGE are joining forces to promote the APEC Anti- fornia. Harley Knox was an entrepreneur, Counterfeiting and Piracy Initiative to fight farmer, developer, and all-around community HON. BOB ETHERIDGE fraud and protect consumers. Under this initia- leader. Personally, he was a loyal and dear OF NORTH CAROLINA tive, APEC will develop guidelines for the in- friend. Last week, Harley lost a five-month bat- IN THE HOUSE OF REPRESENTATIVES spection, seizure and destruction of goods tle with bone cancer and our region collec- used in trading counterfeit and pirated goods. tively mourns his passing, while remembering Thursday, November 3, 2005 The initiative also provides cross-border en- his lifelong contributions to the Inland Empire. Mr. ETHERIDGE. Mr. Speaker, I rise today forcement mechanisms for APEC members. Harley discovered his entrepreneurial spirit with a joyful heart to announce the birth of my E-commerce is another area where the U.S. at the early age of twelve, when after WWII, second grandchild and very first grand- is demonstrating leadership in protecting intel- demand from farmers and gardeners prompt- daughter. On November 2, my wife Faye and

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.030 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2269 I welcomed into this world Virginia Parker she was formerly a South Boston resident be- Arthur is survived by his wife Veronica, Etheridge, the new daughter of our son Brian fore moving to the neighboring town of Dor- daughters Olivia, Celina and a newborn son, Etheridge and his wife Meredith. Virginia ar- chester. In 1956, Shirley married George Christopher, whom he had never seen. He is rived at 8:40 p.m. in Raleigh, NC. She McIntyre, her beloved husband of 49 years also survived by his mother Sylvia Mora of weighed 6 pounds and 15 ounces and meas- and they had five beautiful children: Darlene, Montebello, sisters Michelle, Celia, and his ured 20 inches. Daniel, Shirley, Vanessa, and the late William. brother Paul. Faye and I are truly blessed today by the Shirley was a devoted mother and grand- His family and friends will miss this caring arrival of Virginia Parker Etheridge. The birth mother who nurtured and guided her family as young man greatly, and to them I extend my of a new child is a joyous occasion that re- well as many of the children in her neighbor- sincerest heartfelt sympathy and pray that minds us of the promise of a new life. I hope hood and local community. She was a dedi- they will receive God’s comforting graces in that Virginia will live in a world that is even cated wife who spent her time with her chil- their time of sorrow. better than the one we live in today. I hope dren and beloved husband George, a retired f that she will have access to the best edu- Local 7 Iron worker who loved Shirley with all cation and technology in the world, that she his heart. DEMOCRATIZATION IN INDONESIA: will breathe fresh air and drink clean water, Mr. Speaker, Shirley McIntyre will be fondly A NEW ERA that her streets will be safe, and that her gen- remembered not only by her family, which in- eration will not be burdened by the debt of the cludes eight grandchildren, three great grand- HON. JOE WILSON previous generation. children, and many nieces and nephews; but OF SOUTH CAROLINA A new child in the family is a gift from God. also by the many friends who were touched by IN THE HOUSE OF REPRESENTATIVES The Etheridge family and I look forward to her kindness and unconditional love. Thursday, November 3, 2005 spending time with our new bundle of joy and On a personal note, throughout my tenure in introducing her to all of our friends and neigh- public service both as a member of the Mas- Mr. WILSON of South Carolina. Mr. Speak- bors in North Carolina’s Second Congres- sachusetts State House and in the United er, over the last several years, Indonesia has sional District. States Congress, I have had the unique op- entered a new era of democracy. At the na- tional level, the Indonesian people voted freely f portunity and pleasure to see first hand Shir- ley’s commitment to her family and commu- in an open and fair 2004 Presidential election HONORING THE ACHIEVEMENTS OF nity. Shirley’s willingness to be involved with for the first time in that country’s history. The THE WOLVERINE MARCHING BAND her neighborhood and local political process is election campaign was vigorous, with public a testament to her endless devotion to family debates and ample discussion of issues HON. BART GORDON and friends. among the main candidates. There was no significant violence or attempts at voter intimi- OF TENNESSEE Today, I ask the Membership of the House dation. International election observers as well IN THE HOUSE OF REPRESENTATIVES of Representatives to join with me in offering our deepest condolences to the McIntyre fam- as domestic monitors reported that the elec- Thursday, November 3, 2005 ily for their loss. We will all miss Shirley as a tion in Indonesia was conducted fairly. Voter Mr. GORDON. Mr. Speaker, today I rise to shining example to her family and community. turnout in the general election was very high, about 80 percent. recognize the outstanding achievements of f LaVergne High School’s Wolverine Marching More recently, another major step forward in Band. MEMORIAL TRIBUTE TO SGT. democracy is taking place in Indonesia. Re- In September, the band marched in the ARTHUR A. MORA, JR. gional and local elections have recently been LaVergne Old Timers’ Day Parade. I was also held throughout this vast country of more than a participant in the parade, and I was im- HON. GRACE F. NAPOLITANO 17,000 islands. As before, in last year’s presi- pressed by the talent and precision of the OF CALIFORNIA dential election, some observers predicted that young musicians. Their many hours of practice IN THE HOUSE OF REPRESENTATIVES local elections would lead to communal con- had culminated in a flawless performance. flict. But they were wrong. Nationwide local Thursday, November 3, 2005 It is not just the students and teachers who elections conducted in June went off smoothly make the Wolverine Marching Band great. The Mrs. NAPOLITANO. Mr. Speaker, it is with although there were tensions among ethnic parents of these students also play a signifi- deepest sympathy that I pay a special tribute and religious groups in a few districts. But the cant role. In addition to providing financial sup- to my constituent Sgt. Arthur A. Mora, Jr., who security forces maintained order and enforced port, the parents often pitch in to transport was killed in Balad, Iraq on October 19 when fair elections. I am informed that of 166 re- band equipment to competitions and football his vehicle was hit by enemy fire. His passing gional districts, 116 succeeded in conducting games. at the age of 23, marks the end of a young orderly local elections. Although sporadic, This season, the band has been awarded and promising life which had already exempli- minimal violence did occur in about 16 dis- numerous accolades, including First Place fied duty, honor and heroism. tricts, it was brief and quickly controlled by the Band Overall and First Place Percussion Arthur will be remembered as the quiet stu- police. As in the presidential election last year, Overall at the Phoenix Classic Invitational. dent at El Rancho High School in Pico Rivera according to reports I have seen, voter partici- Other honors include two Color Guard, Band, who missed having his photo taken for the pation in the local elections was very high, and Percussion Superior Ratings and two First senior yearbook. After graduation, he enlisted nearly 74 percent. Place Field Commanders awards. in the U.S. Army on July 27, 2000. Upon com- Indonesian officials recognized openly that Residents of LaVergne, Tennessee, can be pletion of basic training, Arthur was assigned there are some weaknesses to be fixed. One proud of their Wolverine Marching Band. I ap- to the 1st Battalion, the 3rd Air Defense Artil- is the difficulty in quickly counting the votes in plaud the students, parents and teachers for lery, and the 3rd Infantry Division followed by some districts. This case could and did give their hard work and dedication. Bravo Battery 5th Air Defense Artillery Regi- rise to allegations made by losing candidates, f ment at Camp Pelham, Korea. He returned to charging that the election was unfair and ma- the 5th Battalion, 7th Cavalry at Fort Stewart, nipulated. The government intends to work TRIBUTE TO MRS. SHIRLEY MCIN- Georgia. In July 2005, Sgt. Mora was de- with district officials to improve election proce- TYRE OF DORCHESTER, MASSA- ployed in support of Operation Iraqi Freedom. dures, especially voter tallies. CHUSETTS Sgt. Mora’s awards include the Bronze Star In West Papua there appears to have been Medal, the Purple Heart, the Combat Action no violence or conflicts during the local elec- HON. STEPHEN F. LYNCH Badge, the Good Conduct Medal, the Army tions. Reports indicated that elections were OF MASSACHUSETTS Achievement Medal, the Army Commendation successfully held in 14 districts in West IN THE HOUSE OF REPRESENTATIVES Medal, the National Defense Ribbon, the Army Papua. People came out to vote for their can- Service Medal, and the Korean Defense Serv- didates to regional councils and exercised Thursday, November 3, 2005 ice Medal. their right to choose the local leaders they pre- Mr. LYNCH. Mr. Speaker, I rise today to pay Family members say they draw comfort in fer. Regarding elections for a regional gov- tribute to a friend and constituent from the 9th knowing that Arthur was doing what he want- ernor, I am told the West Papuans are waiting Congressional District of Massachusetts, Mrs. ed. He was a young man who loved the mili- for the establishment of the People’s Council Shirley McIntyre, who passed away on Friday tary and would have most likely made a ca- of Papua before conducting the election. This September 23, 2005. Born Shirley Powers, reer in the Army. council will be the highest representative body

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.032 E03NOPT1 E2270 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 of West Papua and will have authority to se- However, rollcall 559 was passage of H.R. have motivated more people here to help, lect the candidates for governor of Papua. But, 1606, the so-called Online Freedom of Speech too.’’ even while awaiting the establishment of the Act. This substantive legislation would undo The sisters believe Ramona’s revitalization council, the process to nominate some can- Federal regulation of soft money for political is beginning to take hold. ‘‘We’re romantics, didates to be governor of Papua is pro- communication on the Internet. Consideration and we have a passion for this place,’’ Jessica ceeding. I am informed that the Special Com- of such substantive legislation on the Suspen- said. ‘‘We want people to be proud they’re mission of the District Parliament of Papua is sion Calendar, which affords no opportunity for connected to the town and want them to in- developing preparations for elections for re- amendment and severely restricts debate, is vest in it again.’’ ‘‘It’s a special place,’’ Pat gional governor. When those preparations are an improper and ill-advised method to craft noted. ‘‘It’s Mayberry R.F.D. come to life.’’ completed, the Commission will send a list of sound public policy. I would have voted ‘‘No’’ For rural communities to survive and pros- candidates to the People’s Council of Papua on rollcall 559 in favor of its consideration per into the future, citizens must be willing to to be selected to participate in the election. under regular order. create their own opportunities for success. On- Mr. Speaker, I want to commend the gov- f going efforts to revitalize Ramona are an ex- ernment and people of Indonesia for this new ample of how hard work, vision and commu- and highly important step in instituting democ- RECOGNIZING THE COMMUNITY OF nity support can create just such an oppor- racy in this great country. Regardless of the RAMONA, KS tunity. Citizens throughout Kansas are working difficulties encountered in conducting local together to enhance the quality of life in their elections throughout this vast nation, the Ad- HON. JERRY MORAN communities. Ramona is a success story that ministration of President Yudhoyono and the OF KANSAS demonstrates how teamwork and creative regional authorities demonstrated determina- IN THE HOUSE OF REPRESENTATIVES thinking can make a positive difference in rural tion to follow the path to democracy. Just as Thursday, November 3, 2005 America. important, the Indonesian people responded f by coming out to the polls in huge numbers. Mr. MORAN of Kansas. Mr. Speaker, I rise Indonesia deserves high praise for its remark- today to recognize Ramona, KS, for success- TRIBUTE TO PAUL HILLEGONDS able accomplishments in breaking with a leg- ful community revitalization efforts. acy of dictatorship, and ethnic and religious Pat Wick and Jessica Gilbert have always HON. FRED UPTON considered this town of 100 people to be strife, to successfully implement democratic OF MICHIGAN home. It is where their parents were born and principles. IN THE HOUSE OF REPRESENTATIVES raised. As children, these sisters would ac- f company their parents on annual visits from Thursday, November 3, 2005 PERSONAL EXPLANATION their home in California to help their grand- Mr. UPTON. Mr. Speaker, I rise today to parents with summer harvest. As adults, Pat pay tribute to Paul Hillegonds, an individual HON. TOM UDALL worked as a clinical psychologist and Jessica who has served the residents of Michigan was a philanthropic organization consultant. OF NEW MEXICO through the years with great distinction. When they returned to Ramona in 1989 for IN THE HOUSE OF REPRESENTATIVES Throughout his career in public service, Paul a family reunion, the sisters felt a strong pull tirelessly worked for the betterment of our Thursday, November 3, 2005 to come home. They reestablished their roots great State and continues to impact countless Mr. UDALL of New Mexico. Mr. Speaker, I building by building. In 1990, Pat purchased individuals through his professional and com- was not present for two votes on November 1, and the sisters renovated a home they now munity affiliations. 2005. Had I been present, I would have voted call The Ramona House, in honor of their an- Paul served in the Michigan House of Rep- as follows: cestors. Pat and Jessica purchased a second resentatives from 1979 to 1996, and was Rollcall No. 557: H.R. 3548—Heinz house in 1995 and remade it into Cousin’s speaker his final two years in elected office. In Ahlmeyer, Jr. Post Office Building Designation Corner bed and breakfast. The sisters pur- 1997, Paul embarked on a new path of serv- Act—I would have voted ‘‘yes.’’ chased a third home that is now a lodge ice, taking the reins as president of Detroit Rollcall No. 558: H.R. 3989—Albert Harold called Jake’s Place. All of this was accom- Renaissance, a non-profit, civic organization Quie Post Office Designation Act—I would plished through frequent visits to Ramona, comprising Southeast Michigan’s business have voted ‘‘yes.’’ even while Pat and Jessica continued their ca- leaders. f reers in California. Paul has received numerous honors By the year 2000, Pat and Jessica decided throughout his distinguished career, and I am PERSONAL EXPLANATION to take the final step and moved home. The pleased to call him a friend. Paul and I go sisters now live in the Ramona House and op- back a long way—all the way back, in fact, to HON. BOB ETHERIDGE erate Jake’s Place and Cousin’s Comer. More when he was Administrative Assistant for U.S. OF NORTH CAROLINA recently, they purchased the old bank building Representative Ruppe and I was a staffer for IN THE HOUSE OF REPRESENTATIVES and turned it into The Dirt Gamblers Museum, Representative Dave Stockman. which is home to photographs and other items Thursday, November 3, 2005 Our friendship has only strengthened over honoring Ramona’s pioneer history. The sis- time. His wife and kids are good family friends Mr. ETHERIDGE. Mr. Speaker, I rise today ters have also contributed to the revitalization and we have enjoyed each other both in and to explain my absence during yesterday’s re- of Ramona through extensive community in- out of public service. Paul has always stood corded votes. As a proud grandfather, it is volvement. They have helped organize several for the right things and he has displayed the with exceeding pride that I announce the birth civic and community events, including a spring utmost integrity. Unfortunately term limits cost yesterday of my first granddaughter to my son tea party, a citywide Memorial Day service, a us his leadership as speaker of the Michigan Brian and my daughter-in-law Meredith. My Main Street Fourth of July parade and an out- House, but his leadership for the folks of wife, Faye, and I joyfully welcome this new door Nativity in the city park complete with live Michigan continues. baby girl who joins her cousin William Otto, animals and singing angels. In an effort to cel- I look forward to many more years of Paul’s who was born to our daughter Catherine and ebrate Halloween and promote regional tour- friendship. We are all better off for Paul’s serv- our son-in-law Tim Otto in January. This is a ism, Pat and Jessica are currently helping pro- ice to the State of Michigan, and I wish him special time for the Etheridge family, and we mote a Scarecrow parade in Ramona and continued success. are truly blessed. several other area communities. If all of that f Had I been present in the Chamber yester- isn’t enough, Pat is the town’s mayor and Jes- day, I would have voted ‘‘No’’ on rollcall 559 sica is the city clerk. PERSONAL EXPLANATION and ‘‘Yes’’ on rollcalls 560 and 561. Rollcall At age 93, Tony Meyer is Ramona’s oldest 560 was passage of H.R. 4061, Department of citizen. He believes Pat and Jessica are doing HON. HENRY J. HYDE Veterans Affairs Information Technology Im- great things for the community. ‘‘The sisters OF ILLINOIS provement Act, a bipartisan and noncontrover- have awakened this town again,’’ Meyer said. IN THE HOUSE OF REPRESENTATIVES sial measure. Likewise, rollcall 561 was pas- Warren Fike, a lifetime resident, also notices a sage of H.R. 1691, the John H. Bradley De- positive change. ‘‘Having the sisters come in Thursday, November 3, 2005 partment of Veterans Affairs Outpatient Clinic has helped keep Ramona alive,’’ Fike said. Mr. HYDE. Mr. Speaker, on November 1 Designation Act, a routine matter. ‘‘The steps they’ve taken to improve the town and 2, 2005, I was absent for several votes for

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.036 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2271 personal reasons. Had I been present, I would progress and full time employment, this schol- DEMOCRATS’ CLIMATE PUSH MAY have voted: arship program helps the student to learn how SQUEEZE GOP MODERATES ON Vote No., description, vote: 557, Heinz to effectively manage their time and balance SCIENCE PANEL Ahlmeyer, Jr. Post Office Building, ‘‘yes’’; 558, priorities. In addition to the Bright Flight Schol- Albert Harold Quie Post Office Building, ‘‘yes’’; arship Program, the ASUM created Missouri HON. DENNIS J. KUCINICH 559, Online Freedom of Speech Act, ‘‘no’’; State law to exempt sales taxes on textbooks, OF OHIO 560, VA Information Technology, ‘‘yes’’; and which has saved students in Missouri $6 mil- IN THE HOUSE OF REPRESENTATIVES 561, John Bradley Outpatient Clinic, ‘‘yes.’’ lion dollars every year since its enactment in Thursday, November 3, 2005 f 1999. Finally, the student political activists cre- Mr. KUCINICH. Mr. Speaker, I would like to ated a loan forgivingness program for teach- PAYING TRIBUTE TO THE ASSOCI- submit this article from InsideEPA to the CON- ers, medical doctors, and veterinarians who ATED STUDENTS OF THE UNI- GRESSIONAL RECORD. VERSITY OF MISSOURI serve in high need areas of Missouri. A novel effort by 150 House Democrats to Mr. Speaker, please join me in expressing require that the White House turn over docu- HON. EMANUEL CLEAVER our heartfelt gratitude for the dedication of the ments showing what it knows about climate OF MISSOURI Associated Students of the University of Mis- change effects on U.S. coastal regions may IN THE HOUSE OF REPRESENTATIVES souri and their relentless efforts in extending force key Republican moderates to choose party loyalty over their environmental records, Thursday, November 3, 2005 their voices to represent all of the students of Missouri. It is essential for the members of the or risk leaving themselves open to attacks Mr. CLEAVER. Mr. Speaker, I rise today to ASUM and other student organizations to be from conservative opponents in upcoming pri- congratulate the Associated Students of the celebrated for their good works, for the stu- maries, sources say. University of Missouri (ASUM) on their 30th dents of today are truly our leaders of tomor- Rep. DENNIS KUCINICH (D–OH) has initiated anniversary. Throughout their 30 years, this row. a rare House procedure with the backing of group of dedicated students has been the pri- 150 of his Democratic colleagues that seeks mary advocates for fellow undergraduates in f information from the executive branch on how the State of Missouri. Known as the student climate change has affected U.S. coastal re- voice in the Missouri State government, the HONORING SPC DERENCE JEFFREY gions. If H.R. 515, a ‘‘resolution of inquiry,’’ organization has been essential to craft and W. JACK AND SSG WILGENE T. (ROI) passes with the support of key GOP advance legislation that has benefited higher LIETO moderates on the House Science Committee education in Missouri. In addition, ASUM has and the full House, it would require the presi- been the training ground for students inter- dent within 14 days to turn over documents re- ested in entering public service, the political HON. MADELEINE Z. BORDALLO lated to climate change impacts on coastal arena, and is responsible for producing some areas. Relevant documents are available on of today’s top government employees serving OF GUAM InsideEPA.com. the State of Missouri. IN THE HOUSE OF REPRESENTATIVES KUCINICH’s resolution does not specifically ASUM encourages students to become edu- mention hurricanes, but congressional staffers cated about the political process, and by doing Thursday, November 3, 2005 familiar with the effort say Congress is grow- so increases awareness, concern, and partici- ing more concerned that climate change may pation of young adults in democracy. ASUM’s Ms. BORDALLO. Mr. Speaker, I rise today have increased hurricane severity in light of political action began on the campus of Uni- to honor the two soldiers from the Common- hurricanes Katrina and Rita. ‘‘This has been a versity of Missouri-Colombia in 1975. After wealth of the Northern Marianas Islands who brutal hurricane season and many think cli- successful participation by the students at the became casualties of Operation Iraqi Freedom mate change will be the defining problem of campus in Colombia, the student leaders ex- on October 31, 2005 in Iraq. Specialist our generation. We want to know what [Presi- panded the organization to the other cam- Derence Jeffrey W. Jack and Staff Sergeant dent Bush] knew,’’ according to one staffer. puses within the University of Missouri Sys- Wilgene T. Lieto made the ultimate sacrifice in The effort comes as Republican environment tem: Kansas City, St. Louis, and Rolla, where support of the global war on terror, and in committee senators are quashing suggestions participation among the students exceeded ex- doing so, helped to preserve our freedom. that increased sea surface temperatures could pectations. SSG Lieto served in Iraq as a Sergeant—the be linked to the recent spike in hurricane ac- Serving as the student voice in the federal U.S. Army awarded him a posthumous pro- tivity. government, state government, and on the motion to Staff Sergeant. These soldiers left Observers say the ROI will present House various campuses of the University of Mis- their homes and their families to answer the Science Committee Chairman SHERWOOD souri, ASUM is responsible for the creating a call of duty as members of the E Company, BOEHLERT (R–NY), Rep. VERNON EHLERS (R– student representative position on the Univer- 100th Battalion, 442nd Infantry Regiment of MI) and Rep. WAYNE GILCHREST (R–MD) with sity of Missouri Board of Curators. The student the U.S. Army Reserve. On behalf of our com- a critical choice between siding with their party representative affords the opportunity for the munities in the Northern Marianas and Guam, in deflecting attention from the president’s cli- Board of Curators to truly hear and value the I join with our local leaders in offering our sin- mate policies and their environmental records, students’ perspective on issues affecting the cerest condolences to the family of Derence which have won them praise and endorse- University System. Keeping the student views Jeffrey W. Jack, especially his wife Melissa ments from environmental groups. Their deci- in the forefront of Universities’ agenda, the Jack and their daughter, and to the family of sions on the matter may prove crucial during Board of Curators passed a policy allowing the Wilgene T. Lieto, especially his wife Tiara their 2006 primaries, where at least one is ex- ASUM student representative to attend closed Lieto and their son and daughter. The service pected to face a tough fight against a more board meetings. The over-arching impact of and sacrifice of these soldiers will always be conservative GOP candidate. the policy addition was to remind the Board of Although the ROI measure has no Repub- remembered and I join our Pacific island com- Curators that every institutional change had to lican co-sponsors, BOEHLERT has a track munity in honoring the patriotism of these be in the best interest of the students. record of backing efforts to address climate As the primary advocate of students in Mis- Army reservists. Derence Jeffrey W. Jack, change that is adding to Democrats’ optimism souri, the ASUM established though legislation from Gualo Rai, Saipan, was a manager at the that the measure may make it to the House the Bright Flight Scholarship, the most impor- Bank of Guam branch in Saipan. Wilgene T. floor for a vote, sources say. ‘‘Boehlert’s sup- tant source of financial aid for scholars from Lieto, from Tanapag, Saipan, was a police offi- port [for previous efforts to allow more open the State of Missouri. The annual $2,000 cer. SPC Jack and SSG Lieto were part of the scientific debate on climate change] makes us scholarship was created to encourage top ‘‘Go For Broke’’ Battalion, serving with fellow hopeful,’’ according to one source. ranked high school seniors to attend approved soldiers from Guam, the Northern Marianas, For instance, BOEHLERT last summer sharply Missouri postsecondary schools. The program American Samoa, and Hawaii. Although their criticized efforts by House Energy & Com- is geared to the top 3 percent of all Missouri loss brings great sadness to the people of the merce Committee Chairman JOE BARTON (R– high school students who have a minimum Northern Marianas and Guam, we take com- TX) to investigate the findings and funding ACT score of 30 or a minimum SAT score of fort in knowing that that these soldiers served sources of three prominent climate scientists. 780 math and 780 verbal. By requiring the stu- with honor. May God bless them and their In a July 14 letter, BOEHLERT characterized dent to maintain satisfactory academic families. BARTON’s requests as ‘‘pernicious’’ and

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‘‘chilling.’’ BOEHLERT said, ‘‘The only conceiv- Club has been the center of Irish culture in cated at the old Poli building on Wor- able explanation for the investigation is to at- western Massachusetts. From music, lan- thington Street. The club moved to Hampden tempt to intimidate a prominent scientist and guage, dancing to sport, the Boyle has pro- Street in 1943. On Sundays, local Irish musi- cians would play live music on WBZA in the to have Congress put its thumbs on the scales moted and preserved the unique culture of Ire- old Hotel Charles and then walk over to of a scientific debate.’’ land for generations. Hampden Street and play music for the rest But observers say the ROI may pose a On Saturday, November 5, 2005, two hun- of the day. The John Boyle O’Reilly Club thorny problem for the representative because dred members of the John Boyle O’Reilly Club moved the second floor of 1653 Main Street in he has recently squared off against competi- will hold a banquet to celebrate this historic 1955. tive primary opponents and is anticipating an- milestone. The Irish Ambassador to the United In 1970, the John Boyle O’Reilly Club pur- other close race against a conservative in States of America will attend the ceremony to chased the present building at 33 Progress 2006. In seeking a thirteenth term, Boehlert pay tribute to the enormous contribution the Avenue in Springfield. The building was a club has made to the local community. It will mere shell of a structure when purchased. faces conservative GOP primary challenger Many members volunteered labor and mate- Bradford Jones, a former Seneca, NY, mayor be a heartfelt and fitting celebration of culture, rial to finish construction and to complete who has already launched an election bid. tradition and family. the interior. The John Boyle O’Reilly Club Boehlert narrowly won a primary challenge The Irish poet W. B. Yeats once wrote: opened its doors on Progress Avenue in against conservative Republican David ‘‘Think where man’s glory most begins and March of 1972. There have been several ren- Walruth in 2002 and faced him again in the ends/and say my glory was I had such ovations over the years to make the sur- 2004 primary. Walruth was backed by a num- friends.’’ That sentiment helps describe what roundings more enjoyable for the members ber of conservative organizations, including the JBO means to many of its members. More and guests of the John Boyle O’Reilly Club. than just a social club, the Boyle has become Throughout the years, the John Boyle the anti-tax group Club for Growth. O’Reilly Club has held many dances, con- A spokesman for BOEHLERT did not return a familiar setting for every occasion on life’s certs, Celi, music lesson, Irish language les- calls seeking comment. journey. For many families in the Pioneer Val- sons, bagpipe lessons, sessions, and benefits And while many environmentalists praise ley, it is a special place that has produced for many families who fell on hard times due Gilchrest’s voting record, they are blasting his fond memories and lasting friendships. to injury, illness or an unexpected death. recent last-minute change of position on Mr. Speaker, I would like to take this oppor- The John Boyle O’Reilly Club continues its House refinery legislation. The legislation, sup- tunity to pay tribute to an important group of mission of being a home for Irish-American porters said, would speed production of re- individuals associated with the John Boyle culture, whether it is Irish step dancing, O’Reilly Club. President Mary Quinn, Vice- music, the live broadcast of the Gaelic Foot- fined oil and gasoline by aiding the country’s ball and Hurling Games from Ireland, or oil refineries in the wake of Hurricane Katrina. President Patrick Burns, Treasurer Joseph meeting with friends and family. It may be The Republican leadership cajoled members Walsh and Secretary Patricia Devine deserve known as ‘‘the Boyle,’’ ‘‘ the JBO’’ or simply to support the measure in the face of near- particular recognition for their leadership dur- ‘‘the Club,’’ but it still is a place for Irish- unanimous Democratic opposition. ing this anniversary year. Americans of all ages to come and enjoy one GILCHREST’s decision to switch his vote and The Board of Directors, which includes Pat- of the finest Irish Clubs in New England. The side with most of his GOP colleagues in the rick Reilly, Mary Kate O’Connor, Timothy Hur- John Boyle O’Reilly Club continues to look end proved crucial as the bill passed 212–210. ley, Matthew Dooney, Eric Levine and Ste- forward to being the home of Irish American Ehlers recently broke party ranks by oppos- phen Lonergan should also be acknowledged culture and celebrations in the coming years. We look forward to the coming year ing a House-passed overhaul of the 1973 En- for their dedication and commitment. and invite all of our members and friends to dangered Species Act. The overhaul would And finally, I want to congratulate the mem- come and celebrate the 125 years of culture, give property owners new rights and reduce bers of the club who are directly responsible tradition, and family with the John Boyle the Federal role in protecting habitats. It for its success and longevity. On their behalf, O’Reilly Club. passed late last month by a vote of 229 to I would like to submit this history of the club, f 193, although Ehlers joined Michigan’s Demo- written by member Dan Shea, into the perma- cratic delegation in voting against the meas- nent RECORD of the United States Congress. PUNJAB ASSEMBLY SHIFTS ure. Mr. Speaker, I ask my colleagues in the BLAME ON TERRORISM Even if the ROI fails to gather GOP support, 109th Congress to join me in recognizing the the tool may still allow House Democrats to John Boyle O’Reilly Club on the occasion of HON. EDOLPHUS TOWNS gather executive branch information on climate its 125th Anniversary. Let us hope this local OF NEW YORK change, according to congressional research- landmark continues to celebrate the culture of IN THE HOUSE OF REPRESENTATIVES Ireland for at least another century. ers. Thursday, November 3, 2005 A 2003 Congressional Research Service re- THE JOHN BOYLE O’REILLY CLUB, 1880–2005, port on the procedure finds that ROIs are 125 YEARS OF CULTURE, TRADITION, AND Mr. TOWNS. Mr. Speaker, I am glad to hear ‘‘often much more effective in obtaining infor- FAMILY that the Legislative Assembly in Punjab re- mation from the executive branch than one This year the John Boyle O’Reilly Club cently had a discussion on terrorism there. would expect from committee and floor action. celebrates its 125th Anniversary. The John Terrorism is an important issue which all lead- Administrations have often released a sub- Boyle O’Reilly Club is Western Massachu- ers of the world must address. However, the setts’ oldest continuous Irish-American or- stantial amount of information, leading the debate turned into partisan politics of the type ganization. The Club was originally orga- we’re too familiar with here—each side blam- committee of jurisdiction to conclude that the nized in 1880. It initially went by other dispute is moot and it is therefore appropriate names but subsequently took the name of ing the other for spurring the terrorism in Pun- to report the resolution adversely and table it the famous Irishman, John Boyle O’Reilly, jab, while they ignored the real cause of the on the floor.’’ Relevant documents are avail- shortly after his death in 1890. During this problem—the Indian government. able on InsideEPA.com. time period, various Irish organizations India has imposed a reign of terror in Pun- drilled and trained for when the time came f jab, Khalistan for many years, starting with a to return to Ireland and fight for Irish free- memo sent to police by their first Home Min- CONGRATULATlNG THE JOHN dom. The John Boyle O’Reilly Club was one ister, Mr. Patel, describing Sikhs as ‘‘a criminal BOYLE O’REILLY CLUB ON THE of the hosts when Irish President Eamon class.’’ This month marks the anniversary of OCCASION OF ITS 125TH ANNI- Develara came to the United Sates in 1921 to one particularly brutal chapter in that reign of seek funds for the newly proclaimed Irish VERSARY Republic. The call to return to Ireland never terror—the Delhi massacres of November came but the organization stayed and pro- 1984, in which 20,000 Sikhs were murdered. HON. RICHARD E. NEAL moted the ideals of Irish freedom and Irish The government locked Sikh police officers in OF MASSACHUSETTS culture. their barracks to keep them from getting in- The John Boyle O’Reilly Club has been IN THE HOUSE OF REPRESENTATIVES volved and the government’s own radio and housed in several locations through out the TV called for more Sikh blood. Thursday, November 3, 2005 years. In the early 1900s the Club would have The newspaper Hitavada reported that the its meetings above Linehan’s Saloon on Wor- Mr. NEAL of Massachusetts. Mr. Speaker, I thington Street. In 1933, the Club incor- Indian government paid the governor of Pun- rise today to recognize the John Boyle porated and received its corporate charter jab, the late Surendra Nath, the equivalent of O’Reilly Club in Springfield, Massachusetts on from the Commonwealth of Massachusetts $1.5 billion to foment terrorism in Punjab and the occasion of its 125th Anniversary. Since it and its liquor license from the city of Kashmir. The U.S. State Department reported was founded in 1880, the John Boyle O’Reilly Springfield. At that time the club was lo- that the government paid more than 41,000

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A03NO8.045 E03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2273 cash bounties to police officers for killing and Amarinder Singh’s Congress Party, to the National Human Rights Commission of Sikhs. One even got a bounty for killing a which is the party that carried out the Gold- India demanding full accounting for the secret three-year-old boy. en Temple attack, are under Indian govern- cremations of Sikhs in India. The secret cre- ment control. Human-rights activist Jaswant Singh Khalra New Sikh leadership is emerging in Dal mations were described by India’s Supreme compiled and published a report showing that Khalsa and other organizations. They hoist- Court as ‘‘flagrant violation of human rights on India had a policy of picking up young Sikh ed the Khalistani flag in front of the Golden a mass scale.’’ The court ordered the Indian men, torturing and killing them, declaring their Temple on Republic Day in January and government in November 1995, two months bodies unidentified, and then secretly cre- again on the anniversary of the Golden Tem- after the ‘‘disappearance’’ of Jaswant Singh mating them. Khalra identified over 25,000 ple attacks. They marched and made speech- Khalra, to conduct a full investigation into this such cases at three cremation grounds in es for Khalistan. For this, they were charged brutal policy. Ten years later, that investigation Punjab. Others who have followed up on by the Indian government and 35 were ar- has never taken place. Instead, the commis- rested. Khalra’s work found that the number is at least History shows that multinational states sion has chosen to focus on the trivial issue 50,000. For his work, Mr. Khalra was arrested such as India are doomed to failure. Coun- of whether the cremations were conducted in by the Punjab police and killed while in police tries like Austria-Hungary, India’s longtime accord with the police rules, a terrible diver- custody. The only witness to the Khalra kid- friend the Soviet Union, Yugoslavia, Czecho- sion from the real issue, which is that the In- napping, Rajiv Singh Randhawa, has been re- slovakia, and others prove this point. India dian government is carrying out this genocidal peatedly arrested and harassed by the police. is not one country; it is a polyglot like those policy against the Sikh minority. Gurdev Singh Kaunke was the Jathedar of countries, thrown together for the conven- This investigation must proceed, and it must ience of the British colonialists. It is doomed the Akal Takht, the highest Sikh religious lead- to break up as they did. Last year, the Pun- be a full-fledged inquiry into this murderous er. He was murdered by a police official jab Legislative Assembly passed a bill annul- policy, India must make full restitution to the named Swaran Singh Ghotna. No one has ling all water agreements with the Indian victims’ families. ever been punished for this atrocity. The driver government, preventing the government’s Mr. Speaker, I will be inserting the letter for another religious leader, Baba Charan daylight robbery of Punjab river water. Pun- from Human Rights Watch into the RECORD at Singh, had his legs tied to two jeeps, which jab needs its river water for its crops. In the this time. bill, the Assembly explicitly stated the sov- then drove off in different directions, tearing NOVEMBER 1, 2005. ereignty of Punjab. Re mass secret cremations in Punjab. the man in half. The Indian government has murdered over Mr. Speaker, why are such actions toler- 250,000 Sikhs since 1984, more than 300,000 Hon. DR. JUSTICE A.S. ANAND, ated, especially by a government that calls Christians since 1948, over 90,000 Muslims in Chairperson, National Human Rights Commis- itself democratic? America must take a stand Kashmir since 1988, and tens of thousands of sion, Faridkot House, Copernicus Marg, against such tyranny. Tamils, Assamese, Manipuris, Dalits, and New Delhi, India. others. The Indian Supreme Court called the DEAR JUSTICE ANAND: As the National The time has come to stop all our trade with Human Rights Commission prepares to issue India and all our aid to that country until such Indian government’s murders of Sikhs ‘‘worse than a genocide.’’ a decision in the Punjab mass secret crema- time as basic human rights are fully protected. Indian police arrested human-rights activ- tions case, we urge the Commission to order And we must put this Congress on record in ist Jaswant Singh Khalra after he exposed a full accounting of the systematic abuses support of self-determination for the people of their policy of mass cremation of Sikhs, in that occurred in Punjab, determine liability Punjab, Khalistan, and all the other peoples which over 50,000 Sikhs have been arrested, after detailed investigations into the viola- and nations seeking freedom, such as pre- tortured, and murdered, then their bodies tions, and provide for compensation for sur- dominantly Muslim Kashmir and predominantly were declared unidentified and secretly cre- viving family members based on a detailed mated. He was murdered in police custody. understanding of the scope of violations suf- Christian Nagaland. This is the most effective fered by each individual. way to end terrorism in the subcontinent. His body was not given to his family. No one has been brought to justice for the kidnap- In 1994, investigations by human rights ac- Mr. Speaker, I would like to insert the Coun- ping and murder of Jaswant Singh Khalra. tivist Jaswant Singh Khalra revealed that cil of Khalistan’s press release into the The police never released the body of former security forces had abducted, extrajudicially RECORD now for the information of my col- Jathedar of the Akal Takht Gurdev Singh executed, and secretly cremated thousands leagues. Kaunke after SSP Swaran Singh Ghotna of Sikhs in Punjab from 1984 to 1994. Mr. Khalra exposed over 2,000 secret cremations PUNJAB ASSEMBLY DEBATES TERRORISM murdered him. Ghotna has never been brought to trial for the Jathedar Kaunke in Amritsar district alone—one of 17 dis- AMARINDER, BADAL SHOULD DISCUSS FREEDOM murder. tricts in Punjab. Subsequent investigations FOR SIKH NATION According to a report by the Movement by human rights groups confirmed that se- WASHINGTON, D.C., November 2, 2005—The Against State Repression (MASR), 52,268 cret cremations had occurred throughout the Punjab Legislative Assembly recently had a Sikhs are being held as political prisoners in state, and that cremation was only one form session to debate terrorism. Both the Con- India without charge or trial. Some have of disposing of victims’ bodies. After publicly gress Party and the Akali Dal blamed each been in illegal custody since 1984! Tens of disclosing his findings, Mr. Khalra was ab- other for encouraging Sikh youth to carry thousands of other minorities are also being ducted by the Punjab police and ‘‘dis- out the violence. held as political prisoners, according to Am- appeared’’ in September 1995. In November Amarinder Singh and Parkash Singh Badal nesty International. We demand the imme- 1995, the Supreme Court ordered the Central are trying to change the history of Punjab. diate release of all these political prisoners. Bureau of Investigation (CBI) to inquire into They are fully aware that Punjab, Khalistan ‘‘It is time to replace Amarinder Singh and his abduction and allegations of mass crema- has been engaged in a long struggle for inde- Badal with new leadership that is committed tions. pendence after the Delhi massacres of No- to the interests of the Sikh Nation,’’ said Dr. On December 12, 1996, the Indian Supreme vember 1984. On April 29, 1986, Sarbat Khalsa Gurmit Singh Aulakh, President of the Court found the inquiry by the CBI into mass passed a resolution for the independence of Council of Khalistan. ‘‘Only a sovereign, cremations in Punjab disclosed a ‘‘flagrant Khalistan and formed the Panthic Com- independent Khalistan will end the repres- violation of human rights on a mass scale’’ mittee. On October 7, 1987, the Panthic Com- sion and lift the standard of living for the and ordered the National Human Rights mittee declared the independence of people of Punjab,’’ he said. ‘‘We must con- Commission (NHRC) to adjudicate these Khalistan. The Council of Khalistan was tinue to press for our God-given birthright of mass crimes and ‘‘determine all the issues’’ formed at that time to lead the peaceful, freedom,’’ he said. ‘‘Without political power, (Paramjit Kaur v. State of Punjab). After democratic, nonviolent struggle to liberate religions cannot flourish and nations per- challenges by the Indian government, the Khalistan. ish.’’ NHRC limited its investigation to illegal These leaders are betraying the Sikh Na- cremations in Amritsar district alone. The f tion. They need to be exposed and removed NHRC has now received 3,500 claims of illegal from their leadership roles. As Professor HUMAN RIGHTS WATCH DEMANDS cremation in Amritsar. Darshan Singh, a former Jathedar of the FULL ACCOUNTING FOR SECRET Instead of investigating these secret cre- Akal Takht, said, ‘‘If a Sikh is not a CREMATIONS IN PUNJAB mations as unlawful deprivations of life, the Khalistani, he is not a Sikh.’’ Recently, Commission has adopted the narrow issue of Prime Minister Manmohan Singh apologized whether the victims’ bodies were cremated for the Delhi massacres, in which over 20,000 HON. EDOLPHUS TOWNS according to police rules. At two hearings in Sikhs were killed, firmly establishing India’s OF NEW YORK October 2005, the petitioner Committee for guilt in this atrocity against the Sikh Na- IN THE HOUSE OF REPRESENTATIVES Information and Initiative on Punjab (CIIP) tion. Thursday, November 3, 2005 challenged the Commission’s decision to dis- The Indian government controls the Sikh card investigations, especially given the fail- leadership. Both Badal’s Akali Dal, which Mr. TOWNS. Mr. Speaker, on November 1, ure to identify the vast majority of victims claims to be the protector of Sikh interests, Human Rights Watch wrote an excellent letter and establish procedures, standards and

VerDate Aug 31 2005 05:46 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A03NO8.048 E03NOPT1 E2274 CONGRESSIONAL RECORD — Extensions of Remarks November 3, 2005 mechanisms to adjudicate these cases to cap- appeared.’’ The CIIP further called on the was so involved that I just kept on working, ture the full scope of human rights viola- Commission to summon the authors of the and I enjoyed it.’’ And here we are 37 years tions. report to testify. This report should compel later. In almost nine years, the Commission has the Commission to investigate the depriva- not heard testimony in a single case, or held tion of the right to life of the victim, and the Mr. Speaker, Mrs. Wilkinson has worked a single security official or agency respon- physical and psychological trauma inflicted under five directors of the Farm Service Agen- sible for human rights violations. Further, upon surviving family members. In addition, cy and has taken the helm three times as in- at hearings in recent months, the Commis- our brief, submitted to the Commission in terim director. In 2003, for her outstanding sion has indicated its intention to dispense December 2003 in conjunction with Harvard service and loyalty to the Farm Service Agen- with investigations into the violations alto- Law Student Advocates for Human Rights, cy and the agriculture industry, she was pre- gether, and only determine whether the cre- demonstrates that human rights bodies have sented with the North Carolina Distinguished mations occurred according to police proce- considered evidence from numerous sources dure. This is an odd decision for a human to adjudicate ‘‘disappearances’’ and Service Award. After 37 dedicated years, Mr. rights body. extrajudicial executions, including evidence Speaker, Mrs. Wilkinson deserves to retire Human Rights Watch strongly urges the from international human rights experts. In with many other ovations and well wishes from Commission to commit itself to detailed in- its upcoming order, we urge the Commission those whose lives she touched in a very spe- vestigations into the rights violations suf- to admit and fully weigh all evidence avail- cial way. fered by all victims of illegal cremations and able, including the PHR/Bellevue report. their family members, including whether in- Mr. Speaker, I offer congratulations on be- To demonstrate its intention to fulfill the half of the Committee on Agriculture of the dividual deaths were unlawful, the role of mandate of the Supreme Court, the Commis- state security forces or their agents in plan- sion must act to redress the violations of the United States House of Representatives, my ning or carrying out illegal killings, identi- rights to life and liberty suffered by thou- congressional colleagues and the more than fying individual perpetrators, and deter- sands of families in Punjab. Its failure to do 660,000 constituents whom I represent. It is mining proper compensation. It is critical so is contributing to impunity, sending the my wish that Mrs. Wilkinson will continue to that those cases not addressed by the message that perpetrators of mass crimes find much challenge and reward in all of her NHRC’s order of November 2004 are also in- are more powerful than the Supreme Court future endeavors. vestigated. Until the facts are determined, and National Human Rights Commission. ‘‘disappearances’’ remain an ongoing crime The Commission, no doubt, is aware that the Mr. Speaker, I thank Mrs. Wilkinson for her and the NHRC ruling does not close the case. prosecution of the officials who ‘‘dis- service to the State of North Carolina. Such investigations are required by inter- appeared’’ Jaswant Singh Khalra, the human national human rights law. The Inter- rights defender who exposed the mass crema- f national Covenant on Civil and Political tions in Punjab, has not concluded in nine Rights, which India ratified in 1979, provides years. The Commission should not allow the TRIBUTE TO AMY BURKS in article 2 that a victim of a rights viola- Punjab mass cremations case to also stand tion shall have an effective remedy and that as an example of the triumph of impunity the right to such a remedy be determined by over the right to justice. HON. ROBERT E. (BUD) CRAMER, JR. a competent authority and be enforced when Thank you for your consideration. We look OF ALABAMA granted. A victim’s right to an effective rem- forward to a fruitful dialogue with you and IN THE HOUSE OF REPRESENTATIVES edy imposes an obligation on the state to un- other members of the Commission on this dertake investigations to identify the per- case. Thursday, November 3, 2005 petrators of human rights violations. Indeed, Sincerely, the Commission’s August 1997 order con- BRAD ADAMS, Mr. CRAMER. Mr. Speaker, I rise today to cluded that the Commission must lay the Executive Director, Asia Division, pay tribute to Mrs. Amy Burks for receiving the factual foundations of the case in order to Human Rights Watch. 2005 Newton B. Powell Award. This award is establish liability, but for reasons that are not clear the Commission has never imple- f given by the Morgan County Democratic Party for dedication and leadership within the party. mented its own order. Anything less than A TRIBUTE TO MRS. JANET Mrs. Burks is the Alabama representative to proper investigations will be a betrayal of WILKINSON—37 YEARS OF OUT- victims and their families. the Democratic National Committee Executive STANDING SERVICE WITH THE We note that in the nine years since the Committee and has been active in Alabama UNITED STATES DEPARTMENT Commission took cognizance of the Punjab Democratic Party politics for more than 40 mass cremations matter, it has investigated OF AGRICULTURE FARM SERV- years. Additionally, Mrs. Burks has served as and resolved numerous other complaints of ICE AGENCY human rights violations throughout India. vice chair for the Alabama State Democratic Moreover, the Commission has pursued cases Party since 1991, and is also the senior Vice suo motu, without even receiving a com- HON. G.K. BUTTERFIELD President of the Association of State Demo- plaint, after violations came to its attention OF NORTH CAROLINA cratic Chairs. She also serves on the Morgan through media reports. The NHRC has IN THE HOUSE OF REPRESENTATIVES County Executive Committee. earned a well-deserved reputation for taking Thursday, November 3, 2005 In addition to her work with the Democratic on powerful forces in India, which makes the Commission’s decisions in the Punjab cases Mr. BUTTERFIELD. Mr. Speaker, I rise Party, Mrs. Burks has had 19 years of experi- even more puzzling. today and ask my colleagues to join me in of- ence as a teacher, working with students at In this upcoming order, we also urge the fering a well deserved tribute to an exemplary Madison Cross Roads and Hazel Green and Commission to clarify that the November citizen, Mrs. Janet Wilkinson, who has dedi- was the assistant principal at Madison Ele- 2004 order of compensation is interim. This cated 37 years of her adult life as an em- mentary. She is also a member of the Board order announced a total award of 2.5 lakhs ployee with the United States Department of of Trustees for the Alabama Institute for Deaf rupees (around U.S. $5,500) to 109 families in and Blind, where she is responsible for over- whose cases police admitted custody of next Agriculture’s Farm Service Agency. I am par- of kin, without determining individual re- ticularly proud that Mrs. Wilkinson was born in seeing the institute’s comprehensive education sponsibility, providing other reparatory my home town, Wilson, NC. and rehabilitation system that serves children measures, or engaging in an inquiry into the As if to forecast her future with the United and adults who are deaf, blind, and multidis- facts as directed by the Supreme Court. This States Department of Agriculture’s Farm Serv- abled. grant of compensation is not only paltry, but ice Agency, Mrs. Wilkinson started out at a Mr. Speaker, Mrs. Burks has done a great it does not fulfill the Commission’s respon- very young age working on a tenant farm deal to help strengthen and grow the Demo- sibilities under international human rights cratic Party throughout our State, our Nation, law to make an individual determination. where she experienced first hand the lifestyle Developing a compensation policy requires and the many ups and downs farmers endure and our community. She has been a helping extensive investigation to clarify the extent from day to day. hand and an integral part of many of our of human rights violations, the potential After graduating from Rock Ridge High democratic colleagues’ campaigns in Ala- beneficiaries, and the nature of injuries suf- School in 1969, Mrs. Wilkinson learned of a bama. fered, among other issues. The expert report job opportunity at the Agriculture Stabilization Mr. Speaker, I rise today to join her hus- submitted at the hearing on October 24, 2005 and Conservation Service. She applied for the band Larry, daughters Lisa and JoLynn, and by Physicians for Human Rights (PHR) and the Bellevue/NYU Program for Survivors of position and was hired. The story that Mrs. the entire North Alabama community in con- Torture (Bellevue), demonstrates that the Wilkinson tells is all too familiar in public serv- gratulating Amy on this much deserved award deprivation of life occurred within a pattern ant circles. She indicated that she ‘‘came in and to thank her for all that she continues to of violations that included intentional abuse with the intentions of working and going to do on behalf of Morgan County and the State among multiple family members of the ‘‘dis- school part time.’’ She added, ‘‘but the work of Alabama.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 2744, Agri- culture Appropriations Act. Senate passed S. 1932, Budget Reconciliation Act. House Committee ordered reported the Deficit Reduction Act of 2005. Senate age determined for a State for fiscal year 2006 and Chamber Action to extend rebates for prescription drugs to enrollees Routine Proceedings, pages S12285–S12374 in Medicaid managed care organizations. Measures Introduced: Five bills and three resolu- Pages S12307–08 tions were introduced, as follows: S. 1956–1960, and By 93 yeas to 6 nays (Vote No. 292), Lott/Lauten- S. Res. 298–300. Pages S12353–54 berg Amendment No. 2360, to reauthorize Amtrak. Measures Reported: Page S12308 S. 1095, to amend chapter 113 of title 18, United Vitter (for Stevens) Amendment No. 2412, to States Code, to clarify the prohibition on the traf- modify the distribution of excess proceeds from the ficking in goods or services, with an amendment in auction authorized by section 309(j)(15)(C)(v) of the the nature of a substitute. Communications Act of 1934. Page S12310 S. 1699, to amend title 18, United States Code, Harkin Amendment No. 2363, to affirm that the to provide criminal penalties for trafficking in coun- Federal funding levels for the rate of reimbursement terfeit marks, with an amendment. Page S12353 of child support administrative expenses should not Measures Passed: be reduced below the levels provided under current law, that States should continue to be permitted to Budget Reconciliation: By 52 yeas to 47 nays use Federal child support incentive payments for (Vote No. 303), Senate passed S. 1932, to provide child support program expenditures that are eligible for reconciliation pursuant to section 202(a) of the for Federal matching payments, and to express the concurrent resolution on the budget for fiscal year sense of the Senate that it does not support addi- 2006 (H. Con. Res. 95), after taking action on the tional fees for successful child support collection. following amendments proposed thereto: Pages S12311–12 Pages S12291–S12345 Adopted: Gregg (for Murray/DeWine) Amendment No. Enzi Modified Amendment No. 2352, to provide 2350, to amend the definition of independent stu- elementary and secondary education assistance to stu- dent to include students who are homeless children dents and schools impacted by Hurricane Katrina and youths and unaccompanied youths for purposes and to lower origination fees. Pages S12292–94 of the need analysis under the Higher Education Act By 83 yeas to 16 nays (Vote No. 289), Wyden/ of 1965. Pages S12314–17 Talent Amendment No. 2362 (to the language pro- Gregg (for Specter/Leahy) Amendment No. 2378, posed to be stricken by Amendment No. 2358), to to fund justice programs. Pages S12314–17 enhance the energy security of the United States by Gregg (for Sununu) Amendment No. 2418, to prohibiting the exportation of oil and gas produced amend chapter 21 of title 38, United States Code, under leases in the Arctic National Wildlife Refuge. to enhance adaptive housing assistance for disabled Pages S12305–06 veterans and to reduce the amount appropriated for By 54 yeas to 45 nays (Vote No. 291), Bingaman the Medicaid Integrity Program by $1,000,000 for Modified Amendment No. 2365, to prevent a severe each of fiscal years 2007 through 2010. reduction in the Federal medical assistance percent- Pages S12314–17 D1139

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Gregg (for Feinstein) Amendment No. 2411, to occur because of the 2006 increase in payments authorize the continued provision of certain adult under the physician fee schedule. Pages S12302–03 day health care services or medical adult day care By 48 yeas to 51 nays (Vote No. 288), Cantwell services under a State Medicaid plan. Pages S12314–17 Amendment No. 2358, to strike the title relating to Gregg (for Warner) Amendment No. 2413, to the establishment of an oil and gas leasing program provide additional ProGAP assistance to certain stu- in the Coastal Plain. Pages S12303–05 dents. Pages S12314–17 By 30 yeas to 69 nays (Vote No. 293), McCain Baucus Amendment No. 2383, to exclude dis- Amendment No. 2370, to move forward the date on counts provided to mail order and nursing facility which the transition to digital television is to occur. pharmacies from the determination of average manu- Pages S12308–09 facturer price and to extend the discounts offered By 14 yeas to 85 nays (Vote No. 295), Byrd under fee-for-service Medicaid for prescription drugs Amendment No. 2367, to replace title VIII of the to managed care organizations. Pages S12317–18 bill with an amendment to section 214(c) of the Im- Gregg (for Levin) Amendment No. 2417, to es- migration and Nationality Act to impose a fee on tablish an International Border Community Inter- employers who hire certain nonimmigrants. operable Communications Demonstration Project. Pages S12310–11 Page S12318 By 48 yeas to 51 nays (Vote No. 298), Cantwell Santorum Amendment No. 2419, to amend title Amendment No. 2400, to ensure the payment to the XVIII of the Social Security Act to make a technical Treasury of the United States of 50 percent of reve- correction regarding purchase agreements for power- nues from oil and gas leasing and production on the driven wheelchairs under the Medicare program, to Coastal Plain. Pages S12313–14 provide for coverage of ultrasound screening for ab- By 49 yeas to 50 nays (Vote No. 299), Schumer/ dominal aortic aneurysms under part B of such pro- Rockefeller Amendment No. 2348, to strike the pro- gram, to improve patient access to, and utilization visions increasing the Medicaid rebate for generic of, the colorectal cancer screening benefit under such drugs. Pages S12318–19 program, and to provide for the coverage of marriage By 46 yeas to 52 nays (Vote No. 300), Reed and family therapist services and mental health Amendment No. 2409, to strike provisions relating counselor services under part B of such title. to reforms of targeted case management. Page S12321 By 48 yeas to 51 nays (Vote No. 301), Reed Pages S12320–21 Amendment No. 2396, to strike subtitle C of title Gregg (for Lieberman) Amendment No. 2380, to II relating to FHA asset disposition. Pages S12322–23 make minor changes to the quality measurement sys- Cornyn Amendment No. 2408, to eliminate the tems provisions with respect to value based pur- converter box subsidy program. Page S12325 chasing under the medicare program. Pages S12321–22 Withdrawn: Gregg (for Sununu/Allen) Amendment No. 2386, Gregg (for Frist/Gregg) Amendment No. 2347, to to ensure that amounts are not obligated out of the provide amounts to address influenza and newly Digital Transition and Public Safety Fund until the emerging pandemics. Page S12286 proceeds of the auction are actually deposited by the Ensign Amendment No. 2368, to cut FCC. Pages S12321–22 $2,000,000,000 from the convertor box subsidy pro- Gregg (for Sununu) Amendment No. 2420, to gram. Page S12309 convert Digital Transition and Public Safety Fund Landrieu Amendment No. 2366, to provide funds program payment amounts into limitations. for payments to producing States and coastal polit- Pages S12321–22 ical subdivisions under the coastal impact assistance Smith/Clinton Amendment No. 2390, to provide program. Page S12310 for a demonstration project regarding medicaid cov- Hagel/Sununu Amendment No. 2391, to require erage of low-income HIV-infected individuals. Fannie Mae and Freddie Mac to register under the Page S12323 Securities Act of 1933. Pages S12319–20 Conrad/Salazar Amendment No. 2422, to ensure During consideration of this measure today, the Medicaid enrollees have access to small, independent Senate also took the following action: pharmacies located in rural and frontier areas. By 50 yeas to 49 nays (Vote No. 283), three-fifths Pages S12325–26 of those Senators duly chosen and sworn, not having Rejected: voted in the affirmative, Senate rejected the motion By 49 yeas to 50 nays (Vote No. 287), Nelson to waive section 305 of the Congressional Budget (FL) Amendment No. 2357, to hold Medicare bene- Act of 1974, as amended, with respect to Conrad ficiaries harmless for the increase in the 2007 Medi- Amendment No. 2351, to fully reinstate the pay-as- care monthly part B premium that would otherwise you-go requirement through 2010. Subsequently, the

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1141 point of order that the amendment was not germane, Amendment No. 2372, to provide a 6-month transi- was sustained, and the amendment thus fell. tion period for coverage of prescription drugs under Page S12291 Medicaid for individuals whose drug coverage is to By 31 yeas to 68 nays (Vote No. 284), three-fifths be moved to the Medicare prescription drug pro- of those Senators duly chosen and sworn, not having gram. Subsequently, the point of order that the voted in the affirmative, Senate rejected the motion amendment was not germane, was sustained, and the to waive section 305 of the Congressional Budget amendment thus fell. Pages S12309–10 Act of 1974, as amended, with respect to Ensign By 44 yeas to 55 nays (Vote No. 296), three-fifths Amendment No. 2404 (to Amendment No. 2352, as of those Senators duly chosen and sworn, not having modified), of a perfecting nature. Subsequently, the voted in the affirmative, Senate rejected the motion point of order that the amendment was not germane, to waive section 306 of the Congressional Budget was sustained, and the amendment thus fell. Act of 1974, as amended, with respect to Byrd/Har- Page S12294 kin Amendment No. 2414, to provide for the sus- By 48 yeas to 51 nays (Vote No. 285), three-fifths pension of the debate limitation on reconciliation of those Senators duly chosen and sworn, not having legislation that causes a deficit or increases the def- voted in the affirmative, Senate rejected the motion icit. Subsequently, the point of order that the to waive section 305 of the Congressional Budget amendment contained matter within the jurisdiction Act of 1974, as amended, with respect to Lincoln of the Committee on the Budget, was sustained, and Modified Amendment No. 2356, to provide emer- the amendment thus fell. Pages S12312–13 gency health care and other relief for survivors of By 43 yeas to 56 nays (Vote No. 297), three-fifths Hurricane Katrina. Subsequently, the point of order of those Senators duly chosen and sworn, not having that the amendment, was not germane, was sus- voted in the affirmative, Senate rejected the motion tained, and the amendment thus fell. to waive section 305 of the Congressional Budget Pages S12295–S12302 Act of 1974, as amended, with respect to Lautenberg By 32 yeas to 67 nays (Vote No. 286), three-fifths Amendment No. 2381, to require certification prior of those Senators duly chosen and sworn, not having to beneficiary enrollment in a prescription drug plan voted in the affirmative, Senate rejected the motion or an MA–PD plan that has a gap in the coverage to waive section 306 of the Congressional Budget of prescription drugs under part D of title XVIII of Act of 1974, as amended, with respect to Inhofe/ the Social Security Act. Subsequently, the point of Chambliss Amendment No. 2355, to cap non-de- order that the amendment was not germane, was fense, non-trust-fund, discretionary spending at the sustained, and the amendment thus fell. Page S12313 previous fiscal year’s level, beginning with fiscal year By 51 yeas to 48 nays (Vote No. 302), three-fifths 2007. Subsequently, the point of order that the of those Senators duly chosen and sworn, not having amendment contained matter within the jurisdiction voted in the affirmative, Senate rejected the motion of the Committee on the Budget, was sustained, and to waive section 305 of the Congressional Budget the amendment thus fell. Page S12302 Act of 1974, as amended, with respect to Snowe By 46 yeas to 53 nays (Vote No. 290), three-fifths Amendment No. 2371, to amend title XVIII of the of those Senators duly chosen and sworn, not having Social Security Act to provide the authority for ne- voted in the affirmative, Senate rejected the motion gotiating fair prices for medicare prescription drugs. to waive section 305 of the Congressional Budget Subsequently, the point of order that the amendment Act of 1974, as amended, with respect to Grassley was not germane, was sustained, and the amendment Amendment No. 2359, to clarify certain payment thus fell. Pages S12323–25 limitations applicable to certain payments under title National Adoption Month: Senate agreed to S. I of the Farm Security and Rural Investment Act of Res. 299, to express support for the goal of National 2002 and section 1101 of the Agricultural Rec- Adoption Month by promoting national awareness of onciliation Act of 2005 and to partially restore fund- adoption, celebrating children and families involved ing to programs reduced by sections 1101, 1201, in adoption, and encouraging Americans to secure and 1202 of the Agricultural Reconciliation Act of safety, permanency, and well-being for all children. 2005. Subsequently, the point of order that the Page S12372 amendment was not germane, was sustained, and the amendment thus fell. Pages S12306–07 Honoring Henry Giugni: Senate agreed to S. Res. By 43 yeas to 56 nays (Vote No. 294), three-fifths 300, relative to the death of Henry Ku’ualoha of those Senators duly chosen and sworn, not having Giugni, former Sergeant-at-Arms of the United voted in the affirmative, Senate rejected the motion States Senate. Pages S12372–73 to waive section 305 of the Congressional Budget Agriculture Appropriations Conference Report: Act of 1974, as amended, with respect to Murray By 81 yeas to 18 nays (Vote No. 282), Senate agreed

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 D1142 CONGRESSIONAL RECORD — DAILY DIGEST November 3, 2005 to the conference report to accompany H.R. 2744, day, November 4, 2005. (For Senate’s program, see making appropriations for Agriculture, Rural Devel- the remarks of the Majority Leader in today’s Record opment, Food and Drug Administration, and Re- on pages S12373–74.) lated Agencies for the fiscal year ending September 30, 2006, clearing the measure for the President. Committee Meetings Pages S12287–91 National Defense Authorization—Agreement: A (Committees not listed did not meet) unanimous-consent agreement was reached providing BUSINESS MEETING for further consideration S. 1042, to authorize appro- priations for fiscal year 2006 for military activities Committee on Banking, Housing, and Urban Affairs: of the Department of Defense, for military construc- Committee ordered favorably reported the nomina- tion, and for defense activities of the Department of tions of Matthew Slaughter, of New Hampshire, and Energy, to prescribe personnel strengths for such fis- Katherine Baicker, of New Hampshire, each to be a cal year for the Armed Forces at 9:30 a.m. on Fri- Member of the Council of Economic Advisers, Or- day, November 4, 2005, pursuant to the order of lando J. Cabrera, of Florida, to be Assistant Secretary Wednesday, October 26, 2005; provided further, of Housing and Urban Development, and Gigi that on Friday, November 4, 2005, and Monday, Hyland, of Virginia, and Rodney E. Hood, of North November 7, 2005, amendments may be offered, de- Carolina, each to be a Member of the National Cred- bated, and then set aside with the time reserved for it Union Administration Board. use at a later time. Page S12373 BUSINESS MEETING Messages From the House: Page S12352 Committee on the Judiciary: Committee ordered favor- Measures Read First Time: Page S12352 ably reported the following business items: S. 1699, to amend title 18, United States Code, Executive Communications: Pages S12352–53 to provide criminal penalties for trafficking in coun- Executive Reports of Committees: Page S12353 terfeit marks, with an amendment; Additional Cosponsors: Pages S12354–55 S. 1095, to amend chapter 113 of title 18, United States Code, to clarify the prohibition on the traf- Statements on Introduced Bills/Resolutions: ficking in goods or services, with an amendment in Pages S12355–59 the nature of a substitute; and Additional Statements: Pages S12350–52 The nominations of Wan J. Kim, of Maryland, to Amendments Submitted: Pages S12359–71 be Assistant Attorney General, Civil Rights Divi- sion, Steven G. Bradbury, of Maryland, to be Assist- Authorities for Committees to Meet: Page S12371 ant Attorney General for the Office of Legal Counsel, Privileges of the Floor: Page S12371 Sue Ellen Wooldridge, of Virginia, to be Assistant Record Votes: Twenty-two record votes were taken Attorney General, Environment and Natural Re- today. (Total—303) Pages S12290–91, S12291, S12294, sources Division, and Thomas O. Barnett, of Vir- S12301–02, S12302, S12303, S12305, S12306, S12307, S12308, ginia, to be Assistant Attorney General, Antitrust S12309, S12310–11, S12313, S12314, S12319, S12321, S12323, Division, all of the Department of Justice. S12325, S12345 Also, Committee began consideration of H.R. Adjournment: Senate convened at 9 a.m., and as a 683, to amend the Trademark Act of 1946 with re- further mark of respect to the memory of the late spect to dilution by blurring or tarnishment, but did Henry Ku’ualoha Giugni, in accordance with S. Res. not complete action thereon, and recessed subject to 300, adjourned at 6:40 p.m., until 9:30 a.m., on Fri- the call. h House of Representatives 4230; and 2 resolutions, H. Res. 531, 533, were in- Chamber Action troduced. Pages H9640–41 Public Bills and Resolutions Introduced: 13 pub- Additional Cosponsors: Pages H9641–42 lic bills, H.R. 4217–4229; 1 private bill, H.R. Reports Filed: Reports were filed today as follows:

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1143 Supplemental report on H.R. 4128, to protect pri- disagreed to the Senate amendment and agreed to a vate property rights (H. Rept. 109–262, Pt. 2); conference on H.R. 889, to authorize appropriations H.R. 3508, to authorize improvements in the op- for the Coast Guard for fiscal year 2006, to make eration of the government of the District of Colum- technical corrections to various laws administered by bia, with an amendment (H. Rept. 109–267); the Coast Guard. Pages H9568–69 H.R. 923, to amend title 39, United States Code, The House agreed to the Oberstar motion to in- to provide for free mailing privileges for personal struct conferees by voice vote after agreeing to order correspondence and parcels sent by family members the previous question. Pages H9568–69 from within the United States to members of the Later, the Chair appointed the following Members Armed Forces serving on active duty in Iraq or Af- of the House to the conference committee on the ghanistan, with amendments (Rept. 109–268); bill: from the Committee on Transportation and In- H. Res. 488, requesting that the President trans- frastructure, for consideration of the House bill and mit to the House of Representatives information in the Senate amendment, and modifications committed his possession relating to contracts for services or to conference: Messrs.Young of Alaska, LoBiondo, construction related to Hurricane Katrina recovery Coble, Hoekstra, Simmons, Mario Diaz-Balart of (Rept. 109–269); and H. Res. 532, waiving points Florida, Boustany, Oberstar, Filner, Taylor of Mis- of order against the conference report to accompany sissippi, Higgins and Ms. Schwartz of Pennsylvania. the bill (H.R. 3057) making appropriations for for- Page H9605 eign operations, export financing, and related pro- From the Committee on Energy and Commerce, grams for the fiscal year ending September 30, 2006 for consideration of sec. 408 of the House bill, and (Rept. 109–270). Page H9640 modifications committed to conference: Messrs. Bar- Speaker: Read a letter from the Speaker wherein he ton of Texas, Gillmor, and Dingell. Page H9605 appointed Representative Miller of Michigan to act From the Committee on Homeland Security, for as Speaker pro tempore for today. Page H9557 consideration of secs. 101, 404, 413, and 424 of the Chaplain: The prayer was offered today by Rev. House bill, and secs. 202, 207, 215, and 302 of the Ronnie Mitchell, Sr., Pastor, Bethel African Meth- Senate amendment, and modifications committed to odist Episcopal Church, Spokane, Washington. conference: Messrs. Daniel E. Lungren of California, Reichert, and Thompson of Mississippi. Page H9605 Page H9557 From the Committee on Resources, for consider- Military Construction and Veterans Affairs, and ation of secs. 426, 427, and title V of the House Related Agencies Appropriations Act, 2006— bill, and modifications committed to conference: Motion to go to Conference: The House disagreed Messrs. Pombo, Jones of North Carolina, and to the Senate amendment and agreed to a conference Pallone. Page H9605 on H.R. 2528, to make appropriations for Military Construction and Veterans Affairs, and Related Recess: The House recessed at 12:14 p.m. and re- Agencies for the fiscal year ending September 30, convened at 2 p.m. Page H9569 2006. Page H9562 Private Property Rights Protection Act of 2005: The House agreed to the Obey motion to instruct The House passed H.R. 4128, to protect private conferees by voice vote after agreeing to order the property rights, by a yea-and-nay vote of 376 yeas previous question. Pages H9562–66 to 38 nays, Roll No. 568. Pages H9569–H9605 Representative Pelosi Question of Privilege: The Pursuant to the rule, the amendment in the na- Chair ruled that the resolution offered by Represent- ture of a substitute recommended by the Committee ative Pelosi did not constitute a question of the on the Judiciary now printed in the bill shall be privileges of the House. Agreed to table the motion considered as an original bill for the purpose of to appeal the ruling of the Chair by a yea-and-nay amendment and shall be considered as read. vote of 220 yeas to 191 nays, Roll No. 562. Pages H9589–90 Pages H9566–68 Agreed to: Sensenbrenner Manager’s amendment (No. 1 Appointed as Conferees on H.R. 2528: Represent- printed in H. Rept. 109–266) that makes clear that atives Messrs. Walsh, Aderholt, Mrs. Northup, private roads that are open to the public, free or by Messrs. Simpson, Crenshaw, Young of Florida, Kirk, toll, and flood control facilities, are covered under Rehberg, Carter, Lewis of California, Edwards, Farr, the exceptions to the bill. Also includes a savings Boyd, Bishop of Georgia, Price of North Carolina, clause making clear that nothing in the legislation Cramer, and Obey. Page H9568 shall be construed to affect the Uniform Relocation Coast Guard and Maritime Transportation Act of Assistance and Real Property Acquisition Policies 2005—Motion to go to Conference: The House Act of 1970 (which requires the Federal government

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 D1144 CONGRESSIONAL RECORD — DAILY DIGEST November 3, 2005 to pay the displacement costs of those adversely af- temporary restraining order, and does not allow the fected by the Federal government’s exercise of emi- property owner to bring an action until after the nent domain). Also incorporates into the bill’s Sense conclusion of the condemnation proceedings. The of Congress section some language provided by the amendment would also strike the penalties portion Resources Committee regarding the effect of the of the bill, (by a recorded vote of 63 ayes to 355 abuse of eminent domain on irrigation and reclama- noes, Roll No. 564); Pages H9591–92, H9601–02 tion projects, and on public lands; Pages H9590–91 Moran of Virginia amendment (No. 5 printed in Sodrel amendment (No. 4 printed in H. Rept. H. Rept. 109–266) which sought to clarify the 109–266) which clarifies that in any proceeding to property conveyance for the definition of ‘‘economic prevent or remedy a taking, that the burden is on development,’’ specifies that increasing tax revenue the state or agency to show that it is not for eco- must be the ‘‘primary purpose’’ of the taking author- nomic development as defined in the Act. Also re- ity, and sets a hard date of seven years that property quires a heightened standard of proof—clear and holders can bring action against the taking author- convincing—that the use fits one of the exceptions ity. Also makes a number of technical corrections, to economic development as defined in the Act; (by a recorded vote of 49 ayes to 368 noes, Roll No. Page H9592 565); Pages H9592–94, H9602 Miller of California amendment (No. 7 printed in Turner amendment (No. 6 printed in H. Rept. H. Rept. 109–266) which adds language to specify 109–266) that sought to enumerate several harmful that the term economic development in the bill does uses of land which constitute a threat to public not include the redevelopment of brownfield sites. health and safety (i.e. dilapidation, obsolescence, Uses the definition of brownfield site included in the overcrowding, lack of ventilation, light, and sanitary Small Business Liability Relief and Brownfield Revi- facilities, excessive land coverage, deleterious land talization Act; Pages H9595–97 use, obsolete subdivisions or constitutes a Gingrey amendment (No. 8 printed in H. Rept. brownfield), (by a recorded vote of 56 ayes to 357 109–266) which adds a new section to prohibit a noes, Roll No. 566); and Pages H9594–95, H9602–03 State or political subdivision of a State from the ex- Watt amendment (No. 11 printed in H. Rept. ercise of eminent domain over the property of a reli- 109–266) that sought to delete all sections of the gious or other nonprofit organization by reason of bill and retains only the sense of Congress recog- the nonprofit or tax-exempt status of such organiza- nizing the importance of property rights and that in tion if that State or political subdivision received the aftermath of the Kelo decision that abuses of Federal economic development funds during any fis- eminent domain power may occur, (by a recorded cal year in which it does so. This amendment also vote of 44 ayes to 371 noes, Roll No. 567). places the same prohibition on the Federal govern- Pages H9600–01, H9603–04 ment. A violation of this provision will render the The amendment in the nature of a substitute, as State or political subdivision ineligible to receive amended, was adopted. Page H9604 Federal economic development funds for a period of H. Res. 527, the rule providing for consideration 2 fiscal years; Pages H9597–98 of the bill was agreed to by a yea-and-nay vote of Cuellar amendment (No. 9 printed in H. Rept. 401 yeas to 11 nays, Roll No. 563, after agreeing 109–266) which ensures that all Federal agencies re- to order the previous question without objection. view their regulations and procedures for compliance Pages H9560–62, H9568 with this Act. It requires a report to the Attorney Senate Message: Message received from the Senate General; and Pages H9598–99 today appears on page H9569. Jackson-Lee of Texas amendment (No. 10 printed in H. Rept. 109–266) that expresses the legislative Quorum Calls—Votes: Three yea-and-nay votes intent to protect from the taking by the Federal and 4 recorded votes developed during the pro- government for economic development or for private ceedings of today and appear on pages H9567, use of the property owned, either by assignment, in- H9568, H9601–02, H9602, H9602–03, H9603–04, testate succession, or by record, by survivors of Hur- and H9604. There were no quorum calls. ricane Katrina. Pages H9599–H9600 Adjournment: The House met at 10 a.m. and ad- Rejected: journed at 11:19 p.m. Nadler amendment (No. 2 printed in H. Rept. 109–266) that sought to allow a property owner to Committee Meetings go to court before the property is taken in order to obtain declaratory or injunctive relief if the taking YOUR TROOPS: THEIR STORY violates the Act. The bill currently only allows a Committee on Armed Services: Held a hearing on Your property owner to obtain a preliminary injunction or Troops: Their Story. Testimony was heard from the

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1145 following officials of the Department of Defense: BG Digital Age: The Broadcast Flag, High-Definition John F. Kelly, USMC, Legislative Assistant to the Radio, and the Analog Hole.’’ Testimony was heard Commandant, U.S. Marine Corps; COL Robert from Dan Glickman, Chairman and CEO, Motion Abrams, USA, Chief of Staff, lst Cavalry Division Picture Association of America; Mitch Bainwol, and CSM Neil Citola, USA, III Corps. Chairman and CEO, Recording Industry Association RADICAL ISLAM—UNDERSTANDING of America; and public witnesses. ASPIRATIONS METHAMPHETAMINE EPIDEMIC Committee on Armed Services: Terrorism and Radical ELIMINATION ACT; SECOND CHANCE ACT Islam Gap Panel held a hearing on Understanding OF 2005 Aspirations of Radical Islam: Why Mainstream Islam Committee on the Judiciary: Subcommittee on Crime, is Radically Different. Testimony was heard from Terrorism, and Homeland Security approved for full public witnesses. Committee action H.R. 3889, Methamphetamine DEFICIT REDUCTION ACT OF 2005 Epidemic Elimination Act. The Subcommittee also held a hearing on H.R. Committee on the Budget: Ordered reported the Deficit 1704, Second Chance Act of 2005. Testimony was Reduction Act of 2005. heard from Representatives Cannon, Davis of Illinois DATA ACCOUNTABILITY AND TRUST ACT and Jones of Ohio; Robert L. Ehrlich, Jr., Governor, Committee on Energy and Commerce: Subcommittee on State of Maryland. Commerce, Trade, and Consumer Protection ap- OFFENDER RE-ENTRY proved for full Committee action, as amended, H.R. Committee on the Judiciary: Subcommittee on Crime, 4127, Data Accountability and Trust Act. Terrorism, and Homeland Security held an oversight TSA’s REGISTERED TRAVELER PROGRAM hearing entitled ‘‘Offender Re-entry: What is Need- Committee on Homeland Security: Subcommittee on ed to Provide Offenders with a Real Second Chance? Economic Security, Infrastructure Protection, Testimony was heard from David Hagy, Deputy As- Cybersecurity held a hearing entitled ‘‘The Future of sistant Attorney General, Office of Justice Programs, TSA’s Registered Traveler Program.’’ Testimony was Department of Justice; Arthur Wallenstein, Director, heard from Kip Hawley, Assistant Secretary, Trans- Department of Correction and Rehabilitation, Mont- portation Security Administration, Department of gomery County, State of Maryland; and public wit- Homeland Security; and public witnesses. nesses. BRIEFING—PORTABLE ELECTRONIC OVERSIGHT—INVASIVE ASIAN CARP DEVICES AND CYBER SYSTEMS SECURITY Committee on Resources: Subcommittee on Fisheries and VULNERABILITIES Oceans held an oversight hearing on the Growing Committee on Homeland Security: Subcommittee on Problem of Invasive Asian Carp in the Great Lakes Economic Security, Infrastructure Protection, and and Mississippi River System. Testimony was heard Cybersecurity and the Subcommittee on Intelligence, from Representative Kennedy of Minnesota; Everett Information Sharing, and Terrorism Risk Assessment Wilson, Deputy Assistant Director, Fisheries and met in executive session to receive a joint briefing Habitat Conservation, U.S. Fish and Wildlife Serv- on the security vulnerabilities of portable electronic ice, Department of the Interior; and public wit- devices and U.S. government cyber systems. The nesses. Subcommittees were briefed by departmental wit- FEDERAL AND DISTRICT OF COLUMBIA nesses. GOVERNMENT REAL PROPERTY ACT OF BIOSCIENCE AND THE INTELLIGENCE 2005 COMMUNITY Committee on Resources: Subcommittee on National Committee on Homeland Security: Subcommittee on Pre- Parks held a hearing on H.R. 3699, Federal and Dis- vention of Nuclear and Biological Attack held a trict of Columbia Government Real Property Act of hearing entitled ‘‘Bioscience and the Intelligence 2005. Testimony was heard from Delegate Norton; Community.’’ Testimony was heard from public wit- Paul Hoffman, Deputy Assistant Secretary, Fish and nesses. Wildlife and Parks, Department of the Interior; and DIGITAL AGE—CONTENT PROTECTION Anthony A. Williams, Mayor, District of Columbia. Committee on the Judiciary: Subcommittee on Courts, MISCELLANEOUS MEASURES the Internet, and Intellectual Property, held an over- Committee on Resources: Subcommittee on Water and sight hearing entitled ‘‘Content Protection in the Power held a hearing on the following bills: H.R.

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 D1146 CONGRESSIONAL RECORD — DAILY DIGEST November 3, 2005 1190, San Diego Water Storage and Efficiency Act was heard from JoAnn Johnson, Chairman, National of 2005; H.R. 2563, To authorize the Secretary of Credit Union Administration; Steven T. Miller, the Interior to conduct feasibility studies to address Commissioner, Tax-Exempt and Government Enti- certain water shortages within the Snake, Boise, and ties Division, IRS, Department of the Treasury; Payette River systems in Idaho; and H.R. 3153, Richard J. Hillman, Management Director, Financial Upper Colorado and San Juan River Basin Endan- Markets and Community Investment, GAO; former gered Fish Recovery Implementation Programs Re- Representative Norman E. D’Amours, State of New authorization Act of 2005. Testimony was heard Hampshire, and former Chairman, National Credit from Representative Otter; William Rinne, Deputy Union Administration; and public witnesses. Commissioner, Director of Operations, Bureau of UNITED STATES-BAHRAIN FREE TRADE Reclamation, Department of the Interior; Tom AGREEMENT IMPLEMENTATION ACT Blickensderfer, Endangered Species Program Direc- tor, Department of Natural Resources, State of Colo- Committee on Ways and Means: Approved the draft rado; and a public witness. implementing proposal on the United States-Bahrain Free Trade Agreement Implementation Act. CONFERENCE REPORT—FOREIGN OPERATIONS, EXPORT FINANCING, AND BRIEFING—GLOBAL UPDATES/HOTSPOTS RELATED PROGRAMS APPROPRIATIONS Permanent Select Committee on Intelligence: Met in execu- ACT, 2006 tive session to receive a briefing on Global Updates/ Committee on Ways and Means: Granted, by voice vote, Hotspots. The Committee was briefed by depart- a rule waiving all points of order against the con- mental witnesses. ference report to accompany H.R. 3057, Foreign Op- erations, Export Financing, and Related Programs Joint Meetings Appropriations Act, 2006, and against its consider- ation. The rule provides that the conference report ECONOMIC OUTLOOK shall be considered as read. Testimony was heard Joint Economic Committee: Committee concluded a from Representative Kolbe. hearing to examine the current economic outlook, NASA’S PROGRAMS STATUS after receiving testimony from Alan Greenspan, Chairman, Board of Governors of the Federal Reserve Committee on Science: Held a hearing on Status of System. NASA’s Programs. Testimony was heard from Mi- chael D. Griffin, Administrator, NASA. APPROPRIATIONS: SCIENCE/STATE/ JUSTICE/COMMERCE HURRICANE KATRINA—RESPONSE PROPOSALS Conferees met to resolve the differences between the Senate and House passed versions of H.R. 2862, Committee on Transportation and Infrastructure: Sub- making appropriations for the Departments of Com- committee on Economic Development, Public Build- merce and Justice, Science, and related agencies, for ings and Emergency Management held a hearing on the fiscal year ending September 30, 2006, but did proposals in response to Hurricane Katrina. Testi- not complete action thereon, and will meet again on mony was heard from Representatives Kennedy of Friday, November 4, 2005. Rhode Island, Kolbe, Platts, Blumenauer, Schmidt, Foley, Lantos, Shays, Jindal and Pickering. f OVERSIGHT—VBA’S ANNUAL BUDGET COMMITTEE MEETINGS FOR FRIDAY, REQUEST NOVEMBER 4, 2005 Committee on Veterans’ Affairs: Subcommittee on Dis- (Committee meetings are open unless otherwise indicated) ability Assistance and Memorial Affairs held an over- Senate sight hearing on the development of the Veterans No meetings/hearings scheduled. Benefits Administrations’ annual budget request. Testimony was heard from Daniel L. Cooper, Under House Secretary, Benefits, Veterans Benefits Administra- Committee on Armed Services, Regional Powers Panel, tion, Department of Veterans Affairs. hearing on U.S. response to regional powers and inter- REVIEW—CREDIT UNION TAX agency planning capabilities, 1 p.m., 2118 Rayburn. EXEMPTION Committee on Government Reform, hearing entitled ‘‘The National Pandemic Influenza Preparedness and Response Committee on Ways and Means: Held a hearing on Re- Plan: Is the U.S. Ready for Avian Flu?’’ 10 a.m., 2154 view of Credit Union Tax Exemption. Testimony Rayburn.

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 November 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1147 Joint Meetings tice, Science, and related agencies, for the fiscal year end- ing September 30, 2006, 11:30 a.m., H140. Conference: meeting of conferees on H.R. 2862, making Joint Economic Committee: to hold hearings to examine appropriations for the Departments of Commerce and Jus- the employment-unemployment situation for October 2005, 9:30 a.m., 2226 RHOB.

VerDate Aug 31 2005 05:56 Nov 04, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D03NO5.REC D03NOPT1 D1148 CONGRESSIONAL RECORD — DAILY DIGEST November 3, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, November 4 9 a.m., Friday, November 4

Senate Chamber House Chamber Program for Friday: Senate will resume consideration of Program for Friday: Consideration of the conference re- S. 1042, National Defense Authorization. port on H.R. 3057—Foreign Operations, Export Financ- ing and Related Programs Appropriations Act for Fiscal Year 2006 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E2269 Napolitano, Grace F., Calif., E2269 Graves, Sam, Mo., E2245, E2245, E2246, E2247, E2248, Neal, Richard E., Mass., E2272 Ackerman, Gary L., N.Y., E2252 E2250, E2251, E2252, E2253 Pombo, Richard W., Calif., E2260 Boehlert, Sherwood, N.Y., E2258 Gutierrez, Luis V., Ill., E2262 Rahall, Nick J., II, W.Va., E2263 Bonner, Jo, Ala., E2263 Hensarling, Jeb, Tex., E2254 Rogers, Mike, Ala., E2256 Bordallo, Madeleine Z., Guam, E2271 Higgins, Brian, N.Y., E2262 Rohrabacher, Dana, Calif., E2259 Brown-Waite, Ginny, Fla., E2246 Hyde, Henry J., Ill., E2270 Ruppersberger, C.A. Dutch, Md., E2245, E2246, E2247 Burgess, Michael C., Tex., E2251 Israel, Steve, N.Y., E2265 Sanders, Bernard, Vt., E2252 Butterfield, G.K., N.C., E2274 Kanjorski, Paul E., Pa., E2245, E2245, E2246, E2247, Saxton, Jim, N.J., E2253 Calvert, Ken, Calif., E2268 E2248, E2251, E2252 Scott, Robert C., Va., E2258 Chandler, Ben, Ky., E2267 Knollenberg, Joe, Mich., E2261 Simmons, Rob, Conn., E2259 Cleaver, Emanuel, Mo., E2271 Kucinich, Dennis J., Ohio, E2245, E2246, E2247, E2248, Simpson, Michael K., Idaho, E2263 Conyers, John, Jr., Mich., E2249 E2265, E2271 Stearns, Cliff, Fla., E2253 Costa, Jim, Calif., E2267 Larson, John B., Conn., E2256 Cramer, Robert E. (Bud), Jr., Ala., E2274 Lynch, Stephen F., Mass., E2269 Towns, Edolphus, N.Y., E2272, E2273 Crowley, Joseph, N.Y., E2267 McHenry, Patrick T., N.C., E2268 Udall, Tom, N.M., E2265, E2270 Davis, Artur, Ala., E2257 Maloney, Carolyn B., N.Y., E2258 Upton, Fred, Mich., E2270 DeLauro, Rosa L., Conn., E2266 Manzullo, Donald A., Ill., E2268 Van Hollen, Chris, Md., E2258 Emanuel, Rahm, Ill., E2254 Matheson, Jim, Utah, E2257 Visclosky, Peter J., Ind., E2253, E2266 Eshoo, Anna G., Calif., E2254, E2256, E2261, E2262 Matsui, Doris O., Calif., E2255 Walden, Greg, Ore., E2255 Etheridge, Bob, N.C., E2268, E2270 Menendez, Robert, N.J., E2266 Wamp, Zach, Tenn., E2265 Evans, Lane, Ill., E2248 Miller, Jeff, Fla., E2257, E2264 Weller, Jerry, Ill., E2262 Farr, Sam, Calif., E2256 Moran, James P., Va., E2260 Whitfield, Ed, Ky., E2251 Fossella, Vito, N.Y., E2267 Moran, Jerry, Kans., E2270 Wilson, Joe, S.C., E2269 Gallegly, Elton, Calif., E2256, E2260 Musgrave, Marilyn N., Colo., E2266 Wolf, Frank R., Va., E2249

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