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

Vol. 152 WASHINGTON, WEDNESDAY, FEBRUARY 15, 2006 No. 19 House of Representatives The House met at 10 a.m. minute and to revise and extend her re- through this myriad of confusing plans The Chaplain, the Reverend Daniel P. marks.) and find one that provides the drugs Coughlin, offered the following prayer: Ms. FOXX. Mr. Speaker, I rise today they need, they find now there is a new ‘‘We place our trust in the word of to discuss the NSA terrorist surveil- barrier. These are the most restrictive the Lord. All our hope is in Your Holy lance program. It seems that on this insurance products in history in terms Name.’’ issue the Democrats want to have their of prior approval for needed drugs. Eternal God and Father of us all, cake and eat it, too. They want to say February weather would deceive us and they are tough on national security One company has 39 different forms, have us think spring is yet a long way while at the same time demonizing which its CEO denied until he was off. Yet even as the snows penetrate anything that President Bush does to shown them. Then he said, Oh, yes, the depths of the earth, Your laws nur- protect our country. that is right, I guess we do. They re- ture new life. Winter’s weight breaks On the one hand, we have the junior quire doctors to conduct all sorts of off what seems unfruitful branches; and Senator from Massachusetts calling tests for drugs that seniors have been rushing streams wash away all that is the program ‘‘illegal.’’ Other Demo- taking for years to prove that they rootless. crats have deemed this a ‘‘domestic really need them. And even then if you Invigorate the House of Representa- spying program.’’ And when this pro- get a plan that lets you through and tives; that restorative justice may in- gram came to light, leading Democrats does give you your drugs, they can spire new confidence in this Nation; acted outraged as if they did not know change that benefit on a weekly basis, and the work of Congress may produce about it. But now these same Demo- but seniors cannot change plans on a a fruitful land. crats are admitting that in fact they weekly basis. May the daily work of Your people si- were briefed on the program all along And then there is the doughnut hole. lence a cynical world with blossoms of and are arguing that they actually sup- truth. And early growth release the I had my first constituent call about port the NSA program. So which is it? the doughnut hole. She has exhausted scent of eternal life in the seasons of Mr. Speaker, Democrats must decide. her benefits. She is on Social Security our lifeline and forever. Amen. They cannot have it both ways. The disability, and she has to pay $2,850 out f American people deserve to know of pocket for drugs to stay alive. She THE JOURNAL where the Democratic Party stands on this issue. If they disagree with the does not have $2,850. The SPEAKER. The Chair has exam- terrorist surveillance program, then ined the Journal of the last day’s pro- they need to say so and offer up a real f ceedings and announces to the House alternative. But let me remind them: his approval thereof. PRAISING ACCOMPLISHMENTS OF Pursuant to clause 1, rule I, the Jour- criticism, demagoguery and demoniz- USAID IN IRAQ nal stands approved. ing are not alternatives. f f (Mr. WILSON of South Carolina PLEDGE OF ALLEGIANCE MEDICARE PART D DISASTROUS asked and was given permission to ad- PROGRAM dress the House for 1 minute and to re- The SPEAKER. Will the gentleman (Mr. DEFAZIO asked and was given vise and extend his remarks.) from South Carolina (Mr. WILSON) come forward and lead the House in the permission to address the House for 1 Mr. WILSON of South Carolina. Mr. Pledge of Allegiance. minute and to revise and extend his re- Speaker, since 2003, the United States Mr. WILSON of South Carolina led marks.) Agency for International Development the Pledge of Allegiance as follows: Mr. DEFAZIO. Mr. Speaker, the has supported efforts to revitalize Medicare part D plan is getting some I pledge allegiance to the Flag of the Iraq’s economy, improve education, de- rave reviews. You might be surprised United States of America, and to the Repub- velop a vibrant civil society, and assist to hear a Democrat say that; but, yes, lic for which it stands, one nation under God, Iraqis in the development of their new it is: Rave reviews from the CEOs of indivisible, with liberty and justice for all. democracy which protects American pharmaceutical companies, insurance f families by denying terrorists training companies and a few political hacks camps. DEMOCRATS CANNOT HAVE IT downtown appointed by President BOTH WAYS Bush. Thanks to USAID, 10 sewage treat- (Ms. FOXX asked and was given per- But from seniors, there is incredible ments plants in Iraq have been refur- mission to address the House for 1 confusion; and if they find their way bished; 97 percent of Iraqi children

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 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H278 CONGRESSIONAL RECORD — HOUSE February 15, 2006 have been immunized against polio; 8.6 that he would be the first to tell you staff, and the many NGOs and their re- million new textbooks have been sup- that he could not have done it without sources that are available. plied to Iraqi schools; 790,000 Iraqis par- Ginny by his side. I want to thank the governmental ticipated in town meetings on democ- Many of John Paul’s former col- leaders, the law enforcement personnel, racy during their historic elections; leagues are still serving in the House NGOs, business people, and ordinary five cities in Iraq have 19 refurbished or today, and they remember Ginny with citizens around the world who are help- expanded water treatment plants; near- fondness. Gracious, dignified, sincere, ing combat this horrible exploitation ly 3,000 Iraqi schools have been these are some of the words people and violence against women and chil- rehabbed; 2,500 Iraqis have been trained have used to describe her. I had the dren. to provide primary health care; 1,200 privilege of being in her company on I look forward to talking with them megawatts of new/rehabilitation gen- numerous occasions and can personally again about creative ways to stop traf- eration capacity have been added to attest to what a warm, caring person ficking, not just through stronger leg- Iraqi’s electricity grid. she was. She will be missed by many. islation and prosecution of traffickers Today, the Victory in Iraq Caucus She touched the lives of so many in Ar- but through other means, particularly will host USAID Iraq director Dawn kansas and here in these halls. providing assistance to victims, their families, addressing corruption, inter- Liberi to learn more about progress Mr. Speaker, I ask my colleagues to keep John Paul, his son, John Arthur, dicting assets. taking place throughout Iraq. I urge I commend to my colleagues this and the rest of the Hammerschmidt my colleagues to join me for this im- film, ‘‘Human Trafficking.’’ It will be portant event. family in their thoughts and prayers. shown on TV on April 22 to educate In conclusion, God bless our troops f yourself on this issue. and we will never forget September 11. PRESCRIPTION DRUG DEBACLE f f (Mr. PALLONE asked and was given DISTURBING REVELATIONS ON HEADLINES permission to address the House for 1 YUCCA MOUNTAIN (Mr. EMANUEL asked and was given minute and to revise and extend his re- (Ms. BERKLEY asked and was given permission to address the House for 1 marks.) permission to address the House for 1 minute and to revise and extend his re- Mr. PALLONE. Mr. Speaker, the minute and to revise and extend her re- marks.) Miami Herald got it right when it de- marks.) Mr. EMANUEL. Mr. Speaker, yester- scribed the Republican Medicare pre- Ms. BERKLEY. Mr. Speaker, a news- day Press Secretary Scott McClellan scription drug plan as an ‘‘unmitigated paper article headline states, ‘‘Yucca said, ‘‘We are moving on to the prior- disaster.’’ In need of Repair After 9 Years.’’ It ities of the American people. That is For years, American seniors have says that Yucca Mountain research fa- our focus.’’ been looking for help in paying for cilities, from ground support to rail- Well, Scott, here are the headlines their prescription drugs. Republicans road tracks, need repairs after just 9 my constituents care about: chose to pass a confusing law that years of use. ‘‘Ex-CIA Official Says Iraq Data Was forces seniors to go outside of their Now this is the same Yucca Moun- Distorted; White House Knew of Levee trusted Medicare to receive drug cov- tain that the Energy Department is Failure; Brown Faults White House and erage from one of many private insur- proposing to put hundreds of thousands Agency for Poor Response; Doctors, ance plans. We have all heard stories of of tons of toxic radioactive nuclear Pharmacists Say Medicare Benefit seniors leaving pharmacies without waste for hundreds of thousands of Limits Drugs For Seniors; Government their drugs after being told their name years. Will Forgo $7 Billion in Oil, Gas Royal- could not be found in the system. Talk Just this past week Energy Secretary ties; Bush Budget Would Kill Popular about incompetence. Bodman said, ‘‘There are problems Health Projects; Government Was Un- But then again, this prescription with the U.S. Geological Survey work derpaid $345 Billion; American Bar As- drug plan is another sorry example of that was done,’’ and we now know that sociation Says Bush Exceeded Con- how congressional Republicans have the work was fudged and they made up stitutional Powers in Surveillance Pro- turned this House over to the special the data. ‘‘There are problems with the gram; Washington Lobbyists Spent $1.6 interests. Republicans chose to help EPA standards,’’ and we know they are Billion in First Half of 2005 Lobbying the pharmaceutical and insurance com- short by 290,000 years. ‘‘And there are Congress; Photograph Shows Abramoff panies rather than help the seniors who problems with the efforts of the De- with Bush in May 2001; Iran Restarts desperately need assistance with sky- partment of Energy.’’ What did the Department of Energy Uranium Program.’’ rocketing drug prices. just say: They can no longer estimate Scott, if you are listening, the Amer- Democrats have a plan to take this how long it will take to ready Yucca ican people are ready and waiting. As House back from the special interests Mountain to accept nuclear waste or they say in the news industry, good so we do not have another prescription how much it will cost. night and good luck. drug debacle in the future. The latest estimate is $308 billion, f f and now the Energy Department says HONORING THE LIFE OF VIRGINIA RAISING AWARENESS TO COMBAT that might not be right. It is time that HAMMERSCHMIDT HUMAN TRAFFICKING we stop this boondoggle, end this project and let us figure out a sane and (Mr. BOOZMAN asked and was given (Mr. PITTS asked and was given per- sensible way of dealing with nuclear permission to address the House for 1 mission to address the House for 1 energy in this country. minute and to revise and extend his re- minute and to revise and extend his re- marks.) marks.) f Mr. BOOZMAN. Mr. Speaker, I rise Mr. PITTS. Mr. Speaker, yesterday CONGRATULATING KENNESAW today to honor the life of a member of in Cannon Caucus, I hosted an event STATE LADY OWLS our congressional family, Mrs. Virginia for diplomats based in D.C. to watch (Mr. GINGREY asked and was given Hammerschmidt, the wife of former portions of a film entitled ‘‘Human permission to address the House for 1 Congressman John Paul Hammer- Trafficking.’’ minute and to revise and extend his re- schmidt. Virginia and John Paul were We had 97 countries, over 160 dip- marks.) married for almost 58 years before she lomats, many ambassadors there. They Mr. GINGREY. Mr. Speaker, I rise passed away over the holiday recess. were very interested to learn what today to congratulate Kennesaw State Any of us who have had the honor of other countries are doing, the coopera- University women’s cross country serving in this House know that the tion and partnership between nations team on winning the 2005 Atlantic Sun full support, encouragement and guid- and leaders around the world to com- Conference championship. ance of a loving spouse makes our job bat trafficking in persons. They are The Lady Owls exhibited dedication, so much easier. John Paul served in very interested in increased training teamwork and perseverance all season this institution for 26 years. I am sure for their staff, particularly consular long, and it paid off. I congratulate

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H279 head coach Stan Sims and the whole nesses are strained from a lack of cus- I urge each of my colleagues to sup- team on their accomplishments. tomers, employees, infrastructure, port this bill and other efforts to ad- The Lady Owls were the only team to electricity, and most particularly the dress the costly scourge of this disease. have all competitors finish in the top access to capital that they need to get f 20. In fact, Patrina Haines finished sec- back to business. With no other funds ON THE DRUG PLAN DEBACLE ond in the field, and her teammate available, many small business owners AND THE COST OF CORRUPTION Erin Sutton, whose grandfather, Jack turn to the SBA for assistance. The Sutton, works in my district office, Small Business Administration is pre- (Ms. SOLIS asked and was given per- was named Atlantic Sun Conference’s pared to help entrepreneurs through its mission to address the House for 1 Freshman of the Year and earned a disaster loan programs. minute.) spot on the all-conference team. Yet today, real criticisms continue Ms. SOLIS. Mr. Speaker, leave it to Winning a conference championship to surround the SBA over the agency’s Washington Republicans to create a is quite an achievement, but this vic- failure to provide adequate assistance chaotic and confusing system that has tory is even more inspiring when you to the gulf coast’s businesses. Since the left a large majority of seniors just consider it was the Lady Owls’ first devastation from Hurricanes Katrina, saying no. The Republican prescription year participating in Division I sports. Rita and Wilma, the SBA has declined drug plan shows the everyday cost con- If this season is any indication, we can approximately 80 percent of all disaster gressional corruption has on the Amer- expect many more winning seasons for loans, with a backlog of over 200,000 ican people. Republicans promised American sen- the Kennesaw State University team. pending applications. On January 30, iors they would have access to pre- Mr. Speaker, these athletes have the SBA released a statement that ap- proximately 51,000 applicants have been scription drugs through private plans brought much pride to Kennesaw State beginning January 1, but to date it has University and the entire Kennesaw approved for financial assistance from the agency; but with over 312,000 total been an utter failure. In many in- community. I ask that you join me in stances, beneficiaries who tried to have celebrating their accomplishment. applicants, this is a dismal ratio be- tween those businesses and individuals their prescriptions filled under the new f who are getting loans and those who system were either told that their en- CUTS AT NATIONAL RENEWABLE are left waiting. rollment could not be verified or that ENERGY LABORATORY WRONG As a member of the House Committee their drugs were not covered. As a re- POLICY on Small Business and because of my sult, many beneficiaries, particularly own experience as a small business those that are called dually eligible for (Mr. HOLT asked and was given per- owner, I am well aware of the stimula- both Medicare and Medicaid, were at mission to address the House for 1 tive effect that small to medium-size risk for receiving no coverage at all. minute and to revise and extend his re- firms can have on our regional econo- Rather than choosing to work to al- marks.) mies. In the gulf region it couldn’t be leviate drug costs for seniors, Repub- Mr. HOLT. Mr. Speaker, here is an- more critical to ensure small business licans were more interested in coming other chapter in the competitiveness owners reopen their doors to provide up with a bill that benefited their saga. A couple weeks ago in the Presi- essential services and jobs that allow friends in the pharmaceutical and in- dent Bush’s State of the Union address families to get back on their feet. surance industries, friends who have he stated, ‘‘So tonight, I announce the We can do better. I ask my colleagues been very loyal to them over the years. Advanced Energy Initiative, a 22 per- to help me in this effort. America must do better, we can do cent increase in clean-energy research f better and put special interests aside at the Department of Energy to push so that we can help those people who for breakthroughs.’’ AMERICAN HEART MONTH/WOMEN truly need our assistance. Let’s start This was followed a week later by an & HEART ACT thinking about our senior citizens. announcement from the National Re- (Mrs. CAPPS asked and was given f newable Energy Laboratory in Colo- permission to address the House for 1 rado of cuts in outside contracts, cuts minute and to revise and extend her re- VIOLENCE AMONG GIRLS in operating expenses, and the laying marks.) (Mr. DAVIS of Illinois asked and was off of 35 staff, including eight research- Mrs. CAPPS. Mr. Speaker, I remind given permission to address the House ers, one in photovoltaics and seven in my colleagues that February is Amer- for 1 minute and to revise and extend biomass and hydrogen. ican Heart Month. Throughout this his remarks.) The words and the actions simply do month, we recognize the millions of Mr. DAVIS of Illinois. Mr. Speaker, a not match. The researchers will leave Americans struggling with heart dis- Chicago Sun Times article today re- the lab, affecting our economy and ease and recommit ourselves to helping veals that fighting among girls in distancing us further from solutions in them. And we acknowledge the efforts schools is up. As a matter of fact, energy technologies. We will lose their of organizations like the American fights involving girls are up 31 percent, knowledge and their creativity. Heart Association, which help all of us assaults are up 18 percent, and battery There is a lot of talk about lost com- prevent and treat heart disease. is up 15 percent. So far this school petitiveness, outsourcing of jobs, and What is not well enough known is year, 529 girls in the Chicago schools lost opportunities in the alternative that heart disease, stroke, and other have been written up for fighting in in- energy market. We could lead the cardiovascular diseases are the number cident reports to the district’s bureau world in energy technologies if we in- one killer of women in the United of safety and security. While girls have vest in alternative energies. States. Each year, 480,000 women die been steadily catching up to boys in vi- Mr. Speaker, which is it: Are we from heart disease. That is one every olence rates in the past 25 years, there pushing for breakthroughs or are we minute. are few programs to address this great cutting research? In addition to experiencing classic need. chest pain, women often have a greater As we go into budget talks and budg- f tendency to exhibit atypical symptoms et negotiations, let us be mindful of b 1015 of heart attack, such as difficulty this need and allocate resources to breathing, nausea and unexplained fa- stem this tide of growing violence SBA KATRINA LOAN FUNDING tigue. So they are often misdiagnosed. among girls. (Ms. BEAN asked and was given per- Yesterday, Representative CUBIN and f mission to address the House for 1 I introduced the Women & HEART Dis- minute.) ease Act. This legislation will increase BUSH’S BUDGET AND ITS FAIL- Ms. BEAN. Mr. Speaker, more than 5 awareness, education, data collection, URES TO MAKE AMERICANS months after Hurricane Katrina rav- and the detection of heart disease in SAFE aged New Orleans and the gulf coast, women so that we can improve the pre- (Ms. WATSON asked and was given many small business owners are still vention, diagnosis, and treatment of permission to address the House for 1 struggling with no relief in sight. Busi- women with cardiovascular disease. minute.)

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H280 CONGRESSIONAL RECORD — HOUSE February 15, 2006 Ms. WATSON. Mr. Speaker, it ap- The Chair recognizes the gentleman to remain constructively engaged with pears that the Bush administration re- from Illinois. the Palestinian people and the Pales- fuses to learn anything from 9/11 or GENERAL LEAVE tinian Authority under President Hurricane Katrina. Once again this Mr. HYDE. Mr. Speaker, I ask unani- Mahmoud Abbas? Tying the hands of year, President Bush’s budget short- mous consent that all Members may the administration is not in the inter- changes America’s security, failing to have 5 legislative days to revise and ex- est of United States national security. make it the number one priority. Here tend their remarks and include extra- We need to react with some care. Hurt- are some startling examples of how the neous material on the resolution under ing the Palestinian people will reward President refuses to make Americans consideration. terrorist regimes like Syria and Iran as safe as they should be: The SPEAKER pro tempore. Is there which seek to exploit the suffering of First, the budget underfunds key pro- objection to the request of the gen- the Palestinians for their own selfish grams that provide local communities tleman from Illinois? reasons. with the resources to protect our bor- There was no objection. S. Con. Res. 79 is direct and to the ders, our ports, mass transit, and crit- Mr. HYDE. Mr. Speaker, I yield my- point. It sends a strong message about ical infrastructure. Second, the budget self such time as I may consume, and I the expectations of the United States continues the trend of cutting grants rise in support of S. Con. Res. 79. and the international community to- for our first responders, cutting overall This resolution was sponsored in the ward Hamas when it comes to Hamas’ funding for three key first responder other body by our former colleague attitude toward Israel. We declare that grant programs by 35 percent below 2 Senator THUNE of South Dakota and the United States will not provide di- years ago. Third, the budget zeros out was cosponsored by Senators BROWN- rect assistance to a government that funding for interoperability grants, BACK, CHAMBLISS, JOHNSON, LIEBERMAN, believes in the destruction of Israel. TALENT and VOINOVICH. It passed the grants that would allow Federal, State, The election of the Change and Re- Senate by unanimous consent on Feb- and local governments the ability to form Party, Hamas’ alter ego, has communicate during a major disaster ruary 1, 2006. On January 25, 2006, Palestinians raised questions about other forms of or terrorist attack. assistance to a future Palestinian gov- President Bush claims he is pro- turned out in large numbers from all ernment. The Quartet, in which the tecting the homeland, but he refuses to walks of life to forge a new government United States is a core member, con- back it up with the funding necessary that can respond to their various cluded that ‘‘it was inevitable that fu- to prepare agencies at all levels for the needs. The Palestinian people voted for ture assistance to any new government worst case scenarios. Hasn’t he learned change and improvement in their live- would be reviewed by donors against anything from Katrina? lihoods. They were largely frustrated Pull FEMA out from under Homeland by the growing occupation in the West that government’s commitment to the Security. Bank, the inability of the Fatah- principles of nonviolence, recognition of Israel, and acceptance of previous f backed Palestinian Liberation Organi- zation to deliver on the expectations of agreements and obligations, including ANNOUNCEMENT BY THE SPEAKER the peace process, and internal strife the Roadmap.’’ PRO TEMPORE and rampant corruption. The Pales- Many might be surprised to know The SPEAKER pro tempore (Mr. tinian citizens used the power of de- that the United States does not provide KOLBE). Pursuant to clause 8 of rule mocracy to send a loud and a clear ongoing, direct financial assistance to XX, the Chair will postpone further message to their leadership. the Palestinian Authority. The major- proceedings today on motions to sus- Speaking in a press conference short- ity of funds are channeled through the pend the rules on which a recorded vote ly after the elections, President Bush United States Agency for International or the yeas and nays are ordered, or on noted the power of democracy, saying, Development to nongovernmental or- which the vote is objected to under ‘‘When you give people the vote, you ganizations under a strict vetting proc- clause 6 of rule XX. give people the chance to express ess. The United States has provided di- RECORD votes on postponed questions themselves at the polls, and if you’re rect assistance only four times, three will be taken later today. unhappy with the status quo, they will of which have been under this adminis- f let you know. Obviously, the people tration, with the funds being closely regulated and monitored. SENSE OF CONGRESS REGARDING were not happy with the status quo. PALESTINIAN AUTHORITY The people are demanding honest gov- United States and other assistance to ernment. The people want services.’’ the Palestinian people is vital to meet- Mr. HYDE. Mr. Speaker, I move to The Bush administration’s pursuit of ing basic needs and avoiding a humani- suspend the rules and concur in the freedom and democracy in the Arab tarian disaster. According to the World Senate concurrent resolution (S. Con. world has strengthened the weight and Bank, unemployment in the West Bank Res. 79) expressing the sense of Con- role of ‘‘people power’’ in the region’s and Gaza is 23 percent. Forty-three per- gress that no United States assistance political development. Representative cent of the population is living below should be provided directly to the Pal- democracy may result in the coming to the poverty line. United States assist- estinian Authority if any representa- power of groups in the Middle East or, ance to nonprofit organizations is also tive political party holding a majority for that matter, in Spain, that are crit- critical to achieving our objective of a of parliamentary seats within the Pal- ical of the United States or our policies two-state solution. Closing the door on estinian Authority maintains a posi- in the Middle East. Certainly the re- moderates in Palestinian civil society tion calling for the destruction of cent Palestinian parliamentary elec- will contribute to the growth of Israel. tions pose a unique challenge. Over 50 warlordism and chaos. The Clerk read as follows: percent of the seats in the Palestinian S. CON. RES. 79 Legislative Council will be filled from b 1030 Resolved by the Senate (the House of Rep- a list chosen by an armed group that resentatives concurring), That it is the sense believes in the destruction of Israel, a The United States has a vital na- of Congress that no United States assistance United Nations member state, and is tional security interest in a Middle should be provided directly to the Pales- East in which two states, Israel and tinian Authority if any representative polit- recognized as a terrorist organization ical party holding a majority of parliamen- by the international community. Palestine, will live side by side in tary seats within the Palestinian Authority This result demonstrates the serious peace and security, based on the terms maintains a position calling for the destruc- contradiction we see in Palestinian ter- of United Nations Security Council tion of Israel. ritories between the ideal of a demo- Resolutions 242 and 338. A viable, con- The SPEAKER pro tempore. Pursu- cratic government characterized by the tiguous, and prosperous Palestinian ant to the rule, the gentleman from Il- rule of law and the reality of a political state is necessary to achieve the secu- linois (Mr. HYDE) and the gentleman process in which armed rejectionist rity that Israel longs for. from New York (Mr. ACKERMAN) each groups participate. Should the United I believe the administration is re- will control 20 minutes. States at this point abandon all means sponding appropriately to the situation

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H281 at hand. Currently, the U.S. is review- It is an organization of religious zeal- Just as I believed that the Pales- ing all forms of assistance to the Pales- ots who put bombs in stores and clubs tinian choice of Abu Mazen’s vision of tinian people. However, neither the ad- and restaurants, hotels and discos and nonviolence and peace deserved our ministration nor the Congress should buses and proclaim their work to be support and assistance, I think the make final decisions in advance of the the will of God. It is an organization election of Hamas, with its dogmatic formation of the new Palestinian cabi- that insistently proclaims its intention adherence to terror and its insistence net, which is likely to occur in the to exterminate the State of Israel and on Israel’s extermination, deserves our coming weeks. If it is necessary to ad- to replace it with an Islamic state strongest condemnation and is an un- dress this issue by legislation, we can under Sharia law. It is an organization mistakable change in how we do busi- do so at the appropriate time and will that proudly declares its beliefs that ness. not prejudice their consideration by Jews are the descendants of ‘‘pigs and Elected terrorists are still terrorists. agreeing to this resolution at this monkeys.’’ Hamas is responsible not We should not give them legitimacy. time. only for the cold-blooded murder of We should not deal with them dip- As disappointed as we are by the re- hundreds of Israeli citizens but also lomatically. And, most obviously, we sults, I congratulate the Palestinian dozens of Americans. should not give them hundreds of mil- people for conducting what were argu- And while they may be crazy, they lions of dollars from our taxpayers. ably the freest and fairest democratic are not stupid. They are watching us U.S. foreign assistance is a gift, not a elections in the Arab world. I hope very closely, and they are looking for right. The Palestinian Authority, as their leaders will be wise and represent any sign of weakness, any departure long as it is led by Hamas, is a ter- the true interests of the Palestinians from principle, any signal of grudging rorist organization responsible for the as the process moves forward. As Sec- acceptance. It is absolutely vital that deaths of dozens of Americans and ob- retary Rice stated in Davos this they see nothing of the sort. When viously disqualified from this kind of month, ‘‘The Palestinian people have Hamas looks at America, at the admin- aid. apparently voted for change, but we be- istration, at the Congress, they must Not doing business as usual means, lieve that their aspirations for peace see nothing but fierce, unrelenting, and by definition, that things have to and a peaceful life remain unchanged.’’ implacable rejection. change across the board. Only a com- Mr. Speaker, I reserve the balance of There can be no political absolution prehensive rejection of Hamas’s leader- my time. for this pack of killers; and the very ship can satisfy the requirements of Mr. ACKERMAN. Mr. Speaker, I idea of giving our taxpayers’ money to continued U.S. leadership in the war on yield myself such time as I may con- these bloody-handed fanatics, people terror. The message and the methods of sume. who have slaughtered our own citizens, Hamas must not only fail but they Mr. Speaker, I rise in strong support is offensive. Suggesting that we do it must be seen to fail throughout the of the resolution. indirectly, that we merely subsidize world and especially in the Middle First, let me thank Chairman HYDE rather than fund their rule, is no less East. and Ranking Member LANTOS for bring- unacceptable. Compromising with Hamas and doing ing this matter to the floor. People in the executive branch trying a little bit of business here, a little bit Yesterday, I read a news article to figure out how to square this circle of business there, accepting phony quoting a Hamas representative who should pay close attention to this de- commitments and using back-door thanked the United States for pro- bate. I would say to them: Before you intermediaries will prove to Islamic viding Hamas with ‘‘the weapon of de- urge the President to ask the Congress radicalists that there is no price they mocracy.’’ The weapon of democracy. to provide assistance to the Palestin- pay for terrorism as long as you suc- Like other Hamas spokesmen, this man ians, you had better start counting ceed in taking the reins of power. We was being completely frank. In my ex- votes. This Congress is more likely to cannot afford to send that message to perience, people who think they are on restore British sovereignty over the the Palestinians or to anybody else. a mission from God generally do not United States than it is to appropriate I strongly encourage the adoption of dissemble about their intentions. The even $1 for the West Bank or Gaza. this resolution and prompt consider- decision by the Bush administration to Hamas is a terrorist organization, ation by the House of additional legis- press for elections that did not exclude and the United States has clear policy lation to respond to the challenge to Hamas, as the Oslo agreements re- for dealing with terrorists: We do not America and our interests that are quired, is seen by Hamas, quite lit- do it. We do not legitimize them, and posed by Hamas. erally, as a gift from heaven. Indeed, it we do not acknowledge phony distinc- Mr. Speaker, I reserve the balance of is a fact of surpassing strangeness that tions between their political and their my time. the same President who would not deal terrorist ‘‘wings.’’ We do not forgive Mr. HYDE. Mr. Speaker, I yield my- with Yasser Arafat because he was them for the hundreds they have mur- self such time as I may consume. tainted by terrorism is in large meas- dered in exchange for a handful of Very briefly in response, I would like ure responsible for insisting on the promises. And we certainly do not pay to say that I am taken by the argu- elections that brought Hamas to them. Not in cash, not in coupons, not ments of Mr. ACKERMAN. I think he has power. in vouchers, not in green stamps, not a message, a point of view, that is le- Allowing Hamas to compete was sub- in airline miles. Americans do not give gitimate and worthy of attention. stantially our grave mistake. Electing money to terrorists, to terrorist gov- I do not agree with him. I think that Hamas, however, was the Palestinian ernments, and to people who elect ter- having Hamas, with all its flaws, par- people’s own free choice. No one ques- rorists. We have better things to do ticipate in the democratic process, tions the mechanics of the election with our money. something alien to their spirit, is a itself, only the nature of the elected. When President Abbas was first sign of strength on our part, not weak- Let us recall that Hitler’s National So- elected, I was among those who were ness. And I think the effort, a legiti- cialists, the Nazi party, also came to strongly encouraging the administra- mate effort, to help bring into the power in free elections. References of tion to boost his prestige and help democratic process all of the dissident this type are usually inappropriate. build him up with assistance and elements is worth it because, unless The Holocaust was a unique, horrible projects. But he never demanded that this situation gets solved, staring at event, and nothing should ever be done Hamas and other terrorist groups dis- each other with muscles flexed and to diminish it or turn it into another arm and disband. Now we see that after weapons cocked gets us nowhere. But rhetorical cheap shot. But in this case a year of trying things the way Abu we shall see. the comparison of how coming to Mazen wanted and not feeling they got Mr. Speaker, I am pleased to yield 4 power was the same is very apt. any real benefits, Palestinians have minutes to the gentlewoman from What is Hamas? Hamas is declared to voted to go in a different direction. Florida (Ms. ROS-LEHTINEN). be, by our government and the Euro- That is their right. But it is absolutely Ms. ROS-LEHTINEN. Mr. Speaker, I pean Union, a terrorist organization. It critical that our policies adjust to re- thank the chairman for yielding me is an ally and an aid recipient of Iran. flect their decisions. this time.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H282 CONGRESSIONAL RECORD — HOUSE February 15, 2006 I rise in support of the resolution be- filed our country. This operation is re- ments, but this is their basic charter: fore us, S. Con. Res. 79, because this venge against the sons of monkeys and ‘‘In order to face the usurpation of Pal- resolution is a reinforcement and a re- pigs.’’ estine by the Jews, we have no escape statement of longstanding U.S. policy These horrific clips, again, were post- from raising the banner of jihad.’’ De- to prohibit direct assistance to the Pal- ed on an official Web site of the entity struction of a people. Destruction of estinian Authority except under such that now controls the Palestinian Au- children, families, of a nation. strict and specific circumstances in thority. Mr. Speaker, the Palestinian people furtherance of U.S. foreign policy and b 1045 voted in January in what appears to be our security objectives. a free and fair election, and the demo- It has long been U.S. policy to bring Hamas’ victory in the parliamentary cratic expression of the people will and both sides of the Israeli-Palestinian elections poses a direct threat to U.S. should always be encouraged. It is conflict to the negotiation tables and strategies for regional stability. We clear, however, that this victory by to work out a peaceful compromise. must not and cannot allow taxpayer Hamas is, in significant part, a reac- For years, we supported Abu Mazen funds to directly or indirectly assist or tion by Palestinian voters to the ramp- economically and politically, hoping support in any way Hamas or any other ant corruption in the Fatah movement and praying and wishing that it would Palestinian terrorist groups that glo- that began and continued under Yaser strengthen the moderate constituency rify blood, bloodshed and terror and Arafat. However, the Palestinian side that does exist in the Palestinian terri- use violence as a political tool. We must recognize that the election of tories. Yet time and again we have re- must take immediate steps to prevent Hamas to a parliamentary majority peatedly asked the Palestinian leader- any further manipulation of U.S. as- will not change or alter the absolute, ship to dismantle the Islamist terrorist sistance to the Palestinians. irrevocable precondition for peace, the infrastructure in its midst, to disarm Mr. ACKERMAN. Mr. Speaker, I dismantlement of the Palestinian ter- these jihadists, to promote tolerance yield myself such time as I may con- rorist infrastructure. In fact, I believe and to accept Israel. But this was not sume. that the international community to be. Mr. Speaker, just in brief response to must now exert its collective will upon The U.S. has spent hundreds of mil- my good friend, the chairman, Mr. Hamas and insist that it renounce the lions of dollars on programs to address HYDE, who always stands up and fights tactics of terror and proactively dis- the needs of the Palestinian people. so well and eloquently for democracy, mantle that terrorist infrastructure. Those include work programs, infra- my concern about allowing Hamas to Finally, Mr. Speaker, let me say to structure projects, in addition to hu- participate in the election is not just our friends in Israel that the United manitarian aid, aimed at providing my opinion. This was part of the Oslo States-Israel relationship today is food, sanitation services, and medicine Accords, to which the Israelis and Pal- stronger than ever and we are fully to the Palestinian people. We have estinians both agreed and signed. It is committed to our ally’s security, sov- done all of this, Mr. Speaker, in an ef- a governing document that no group ereignty, and success. fort to foster the conditions that would that participates in violence and com- I urge my colleagues to vote for this bring about peace and security for both mits themselves to the destruction of resolution. the Israeli and the Palestinian people. the other will be allowed to participate Mr. ACKERMAN. Mr. Speaker, it is Last summer, Israel underwent a sac- in the election. That is the law. That is my pleasure to yield 5 minutes to the rifice of historic proportions by with- the doctrine. gentlewoman from Nevada (Ms. BERK- drawing from Gaza. Why did Israel do I just express my dismay that our LEY), a member of the committee. this? Israel withdrew from Gaza in President, with his great leadership Ms. BERKLEY. Mr. Speaker, it seems hopes of making progress toward a against terror, would take a pass and that every time the Palestinian people peaceful solution to this conflict. Yet, lean on the Israelis to allow this elec- take one step forward, they take two despite all of these efforts, Hamas, an tion to take place with Hamas. steps back. When Abu Mazen was elect- Islamist extremist jihadist entity, was Mr. Speaker, I yield 3 minutes to the ed, he pledged to root out terrorism allowed to participate in the recent gentleman from Maryland (Mr. HOYER). and end corruption within the Pales- Palestinian elections and, as all of us Mr. HOYER. I thank the gentleman tinian Authority. Unfortunately, he know, won control of the Palestinian for yielding. has done nothing to help his people. He government. U.S. monetary and polit- Mr. Speaker, this resolution is an un- has continued the corruption that is ical investment has produced little, if equivocal statement of principle, a rampant in the Palestinian Authority, anything, in return. statement of our continuing support and he has refused to disarm and dis- In fact, soon after these Palestinian for our ally, the democratic State of mantle the terrorists and their ter- elections in January, Hamas placed Israel, as well as an explicit rejection rorist organizations. disturbing videos on its Web site, vid- of the hateful ideology that seeks her We all know that Yaser Arafat did a eos which glorified bloodshed and ter- destruction. And I hope every Member tremendous disservice to the Pales- ror. One of the clips included a farewell will support it. tinian people. He was a disgrace to hu- scene between a mother and her Pales- The resolution states quite simply manity. Abu Mazen and the Fatah tinian terrorist son as she helps him that the United States should not pro- Party have done, sadly, no better. They dress for his suicide mission against vide direct assistance to the Pales- had a historic opportunity to make Israel. Another clip is of two Hamas tinian Authority ‘‘if any representative peace. Instead, they chose a path of terrorists expressing their message to political party holding a majority of continued corruption, terror, and vio- the Jews. And the first terrorist says: parliamentary seats within the Pales- lence. ‘‘My message to the loathed Jews is tinian Authority maintains a position This resolution sends a strong and that there is no God but Allah. We will calling for the destruction of Israel,’’ unambiguous message: if you choose chase you everywhere. We are a nation or, in fact, the destruction of another terrorism, the United States will not that drinks blood, and we know that free country. support you. Road map to peace is also there is no blood better than the blood The resolution, of course, is neces- unambiguous. The Palestinian Author- of the Jews. We will not leave you sitated by the electoral victory of ity must denounce terrorism, disarm alone until we have quenched our Hamas, an internationally recognized and dismantle the terrorist infrastruc- thirst with your blood and our chil- terrorist organization that is publicly ture and shut down the terrorist orga- dren’s thirst with your blood. We will committed to the destruction of Israel. nizations before, before, there can be a not leave until you leave the Muslim Anyone who questions this need only two-state solution. countries.’’ read the Charter of Allah, the platform Hamas has never accepted Israel’s The second Hamas terrorist made the of the Islamic Resistance Movement, right to exist, and it has never accept- following statement: ‘‘In the name of otherwise known as Hamas. ed the peace process. It continues to Allah, we will destroy you, blow you Consider just one passage. Ms. ROS- support terrorism and violence. In fact, up, take revenge against you, and pu- LEHTINEN has referred to some other Hamas not only supports it, it is it. rify the land of you, pigs that have de- statements incorporated in other docu- Since 1989, Hamas has killed more than

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H283 500 people, including more than two secular Palestinian people would support an that the civilized world does not tolerate and dozen American citizens. organization whose goal is to take their rights will not support terrorists. This resolution Just last week, and this is after the away. means no American funding for the Pales- election, so if anybody thinks being The United States must stand by our friend tinian Authority as long as Hamas controls the elected to the Palestinian Authority is and ally Israel in this relationship as should legislature, since there is absolutely no cred- going to moderate Hamas, just last the rest of the world. The United States should ible sign that Hamas intends to change its week the leader of Hamas reiterated refuse to lend legitimacy to an organization ugly charter or do anything else to dem- their commitment to destroy the Zion- whose primary goals include the elimination of onstrate that it now accepts Israel’s right to ist state. Hamas also promised that the the State of Israel and the use of violent exist. Mr. Speaker, our action on this resolu- armed struggle will not end. measures to attack the Israeli people. tion today will not be the final word of the Hamas’ control of the new Pales- The United States cannot support any gov- Congress on this issue. We will return to it tinian government further undercuts ernment that continues to approve of and uti- again and again. the ability of its government to engage lize terrorism. Terrorism takes many forms, in true reforms and further strengthens dressing up a political party in the trappings of Last week, our colleague from Florida, Con- the enemies of Israel and those who op- an election does not negate the underlying gresswoman ROS-LEHTINEN, and I—with over pose peace. mission of what Hamas seeks to achieve, the 50 of our colleagues—introduced H.R. 4681, Hamas must disavow its stated goal abolition of the Jewish State. the Palestinian Anti-Terrorism Act of 2006, of destroying Israel and change its We must make it clear to the Palestinian and I am confident that it will soon be brought charter to recognize Israel’s right to people that the United States does not ap- to the floor. H.R. 4681 puts legislative teeth exist as a free and independent Jewish prove of terrorist actions and will not provide into the resolution we are considering today. It state. Until the Palestinian govern- financial assistance to any group or organiza- would, among other things, prohibit by law the ment recognizes Israel’s right to exist tion that condones, plans, or enacts violent ac- funding of a Palestinian Authority controlled by as a Jewish state, renounces its de- tivities. a terrorist organization. mand for right of return, which will The United States has designated Hamas Mr. Speaker, the basic thrust of American create two Palestinian states, not a as a terrorist organization, and as such should foreign policy is to fight terrorism globally, and Jewish state and a Palestinian state, not provide any funding to them. it is self-evident that the United States will not The victory of Hamas indicates the Palestin- ceases all forms of incitement and vio- fund an organization such as Hamas that con- ians are not interested in achieving peace with lence, condemns terrorism, dismantles tinues to advocate and carry out terrorist acts Israel and does not move the Palestinian peo- its terrorist infrastructure, and, most in the Middle East. Nor will we fund a govern- ple towards their goal of statehood. important, removes terrorist organiza- The United States should not supply any ment which is controlled by a terrorist organi- tions from the government, Congress government aid to the Palestinian authority zation or in which major institutions, such as must end all U.S. aid. until Hamas renounces all terrorist activities, the legislature, are controlled by a terrorist or- If negotiating with terrorists is not recognizes the right of the State of Israel’s ganization. This should not come as a surprise an option for this country, and it is right to exist, and fully disarms its terrorist or- to anyone. In December, the House of Rep- not, then funneling Americans’ hard- ganization. resentatives overwhelmingly adopted House earned tax dollars to terrorists cer- The United States has worked for years to Resolution 575 by a vote of 397–17 which tainly is not an option either. find a peaceful solution to the Israeli-Pales- warned that there would be serious con- I argued unsuccessfully while I was tinian conflict. sequences—including financial con- standing in this very spot that the But a solution will not come about with the sequences—for U.S.-Palestinian relations if United States Congress should not give current leadership of Hamas involved in any Hamas were to take over the Palestinian Au- additional aid to the Palestinian Au- form of Palestinian Government. thority. thority until they demonstrated with In order to help facilitate the development of Mr. Speaker, not one thin dime of American deeds, not rhetoric, with deeds that a true and lasting peace between the Israeli taxpayer money should be devoted to sup- they were serious about making peace people and the Palestinian Authority, the porting a terrorist organization. Nor should one with Israel and took concrete steps to United States, European Union and other thin dime be devoted to making a terrorist or- show us that they were indeed serious. countries must speak with a united voice that ganization look good. Our desire to support Unfortunately, my colleagues did not the activities of Hamas in any sort of elected strictly humanitarian assistance for the Pales- agree with me, and we continued to Palestinian Government is anathema. tinian people, of course, will continue fund Abu Mazen and the Palestinian Mr. LANTOS. Mr. Speaker, I rise in strong unabated. But we should not fund major Authority, although they did nothing support of this resolution. projects, whatever their purpose. Such to earn our trust and they certainly did A few weeks ago, the Palestinian people projects would only make a Hamas govern- nothing to earn taxpayers’ hard-earned stunned the world by giving majority control of ment look like a success story. They would be dollars. the Palestinian Legislative Council to Hamas, taken as evidence that Hamas can defy the I urge in this resolution that my col- an entity determined to be a foreign terrorist international community and continue to re- leagues stand with me in supporting organizations by both the United States and ceive financial support, while supporting ter- the resolution that will end all U.S. aid the Europe Union. Some may point out that rorism, rejecting Israel’s right to exist, and spit- to the Palestinian Authority until the Fatah party’s fragmentation combined with ting on pre-existing Israeli-Palestinian agree- Hamas recognizes Israel’s right to exist the nature of the electoral system chosen by ments. and, indeed, does it with deeds, not the Palestinian Authority led to this strong words. Hamas majority. Mr. Speaker, that is why the Ros-Lehtinen- Mr. CROWLEY. Mr. Speaker, I rise in strong We will be discussing these and other ex- Lantos legislation will put severe restrictions support of S. Con. Res. 79. planations for Hamas’s victory over the com- on all Palestinian assistance that is not strictly The United States exercising the option of ing weeks and months. But they do not for humanitarian purposes. The notion that an cutting off assistance to the Palestinian Au- change the reality that 74 out of 132 seats in organization hell-bent on destroying the sole thority because of the participation of Hamas the Palestinian Legislative Council were won democratic state in the Middle East should be in the Palestinian Government should not be a by an organization that not only preaches the receiving or exploiting U.S.-taxpayer funds is surprise to the Palestinian people. destruction of Israel, but has sent suicide simply unacceptable. We will be relentless in This House spoke out strongly with the pas- bomber after suicide bomber to kill innocent isolating and fighting terrorists. Hamas officials sage of H. Res. 575, which clearly stated be- civilians, including young children, and that and their representatives will not be given fore the elections that we did not approve of has been implicated in the deaths of Ameri- visas to visit the United States. American offi- terrorist organizations participating in the Pal- cans. Mr. Speaker, the resolution we are con- cials will not deal with Hamas representatives estinian elections. sidering today is simple and to the point: unless—and this is a major unless—unless Today’s resolution should bring home that There should be no money for the Palestinian they publicly and without reservation recognize the United States will not provide aid to a gov- Authority as long as its legislature is controlled the right of the democratic State of Israel to ernment run by terrorists. by a party that is both a terrorist organization exist, renounce terrorism as a means of The Hamas victory is unacceptable because and advocates the destruction of Israel. achieving their goals and objectives, and ac- it provides a group of murderers with a seat at This is not some plot to effect regime cept all previous Israeli-Palestinian agree- the table. I can not understand how the most change—this is merely to send a message ments. And we will fight direct assistance to a

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H284 CONGRESSIONAL RECORD — HOUSE February 15, 2006 terrorist-controlled Palestinian Authority I therefore urge my colleagues to support multiple refusals by Hamas spokesmen to re- through any international institution. Hamas this important resolution. pudiate its call for Israel’s destruction, that the must understand that their ability to deal with Mr. BERMAN. Mr. Speaker, a top Hamas only way forward is to ratchet up the pressure. the United States and to be accepted in the leader was recently quoted as saying the U.S. This resolution is, I believe, a good first step. community of civilized nations rests on a thor- would ‘‘get used to Hamas in a year or two.’’ It does not mandate specific action by the ad- ough repudiation of their hateful policies. I’m afraid he’s sadly mistaken. America will ministration, but reiterates the message that Governments have made such changes in never accept a Palestinian Authority controlled this country will not support a Hamas govern- the past. Organizations and movements have by a terrorist organization—1 year, 5 years, 10 ment that will not recognize Israel. made such changes in the past. And certainly, years or 50 years from now. Those who cling to the dream of Israel’s de- Hamas has that opportunity. But if Hamas Hamas must face reality. Either they meet struction must realize that this resolution is a does not clearly take full advantage of this op- the conditions of the international commu- warning and that continued intransigence will portunity, our legislation will soon come into nity—recognize Israel’s right to exist as a Jew- be met with sterner countermeasures. ish state, renounce terrorism and disarm—or effect and we will prohibit American funds. If Mrs. CAPPS. Mr. Speaker, I rise in support face a massive reduction of assistance and Hamas does take advantage of this oppor- of S. Con. Res. 79 and am pleased that the tunity and definitively and unequivocally meets isolation. The civilized world should not bend to House leadership has decided to pursue this these requirements, then our government thoughtful and constructive response to the would be willing to deal with it, continue as- Hamas; they must bend to us. This resolution—to be followed soon by success of Hamas in the recent Palestinian sistance, and work to see that the long-suf- Legislative Council elections. fering Palestinian people have a better life in binding legislation—sends an unambiguous With passage of this resolution, the Con- the future. Otherwise, I fear the Palestinians signal to Hamas and the rest of the world that gress will be on record in opposition of any di- and prospects for Middle East peace will face Congress will not bankroll a terrorist govern- rect U.S. aid to the Palestinian Authority if the a long, difficult winter that could be measured ment responsible for the deaths of thousands majority party in parliament maintains a posi- in years not months. of innocent civilians and committed to the de- Mr. Speaker, I support this resolution, and I struction of Israel. tion calling for the destruction of Israel. urge all my colleagues to do likewise. Mr. SCHIFF. Mr. Speaker, I rise in strong This reflects longstanding U.S. policy. And it Mr. CARDIN. Mr. Speaker, I rise in support support of this simple resolution and of its is clearly the right policy. Hamas is a ruthless of S. Con. Res. 79, which expresses the central underlying premise—that this Nation terrorist organization with the blood of inno- sense of Congress that no U.S. assistance will not support a Palestinian Government that cents on its hands. When Hamas assumes should be provided directly to the Palestinian is not unambiguous in its recognition of control of the Palestinian parliament, it must Authority if any representative political party Israel’s right to exist and unequivocal in its recognize Israel’s right to exist and renounce holding a majority of parliamentary seats with- support for a two-state solution to the dec- terror. If not, the Palestinian Authority should in the Palestinian Authority maintains a posi- ades-long conflict between Israel and the Pal- receive no direct U.S. aid. It’s as simple as tion calling for the destruction of Israel. estinians. I also commend the distinguished that. On January 25, Hamas won a majority of chairman and the ranking member of our com- But I would like to use this opportunity, Mr. the seats in the Palestinian Authority par- mittee who have dedicated themselves to Speaker, to point out that the outcome of the liamentary elections. Their charter calls for the working for true peace in the Middle East. Palestinian election does not lend itself to sim- ‘‘obliteration’’ of Israel and states that they can The Hamas victory in last month’s Pales- ple analysis. And the U.S. response to this de- achieve their objectives only through violence. tinian Legislative Council election is a major velopment must not be knee-jerk and sim- They have rejected the ‘‘two-state’’ solution setback to the prospects for peace. Last plistic. and Road Map peace process. They continue year’s withdrawal from Gaza and parts of the Let us first remember that the Palestinian to call for a Palestinian State which includes West Bank by Israel was a positive step after people went to the polls and conducted an and ultimately subsumes the sovereign terri- several years of bitter fighting between the two election that was remarkably democratic, free, tory of Israel. communities. fair, and devoid of violence. We may not like While much of the world was taken by sur- Mr. Speaker, this House has already gone the results, but we should take note of what is prise by the Hamas victory, we really should on record on the issue of assistance to the among the most democratic elections the Arab not have been shocked. Last summer, even Palestinian Government should Hamas be- world has ever seen. as Israeli soldiers physically removed settlers come part of the government. On December And while Hamas attracted the most votes, 14, 2005, the House passed H. Res. 575, from their homes, the Israeli Government, the United States Government, the European there is little evidence that Palestinian voters which I cosponsored, which in part calls upon were in fact endorsing Hamas’s call for Israel’s the United States to reassess its financial as- Union and others were emphatic in telling the Palestinian Authority and the Palestinian peo- destruction. Exit polls show that three-quarters sistance to, and its diplomatic relations with, of all Palestinian voters support reconciliation the Palestinians should Hamas join the gov- ple that they now bore the burden of central- izing authority in Gaza and maintaining secu- between Israel and the Palestinians based on ernment. a two-state solution. Armed with the ballot, I am pleased that the Quartet issued a rity there. This country and our allies sought to Palestinians gave political voice to their anger statement on January 30, 2006, which ‘‘con- strengthen the P.A. with aid and diplomatic and anguish over two related problems—the cluded that it was inevitable that future assist- support. Unfortunately, the Palestinian Author- rampant corruption and cronyism within the ance to any new government would be re- ity was unable to seize the opportunity to Fatah establishment, and the lack of any tan- viewed by donors against that government’s show the Palestinian people the true benefits commitment to the principles of nonviolence, of peace. gible improvement of the quality of life under recognition of Israel, and acceptance of pre- Polling before the election and exit polling Israeli occupation. vious agreements and obligations, including done on election day shows clearly that Pales- So what should the United States do in re- the Roadmap.’’ tinian voters chose Hamas because they were sponse to this election? One thing we cannot I also agree with the Quartet that the Pales- fed up with the corruption of Fatah and its in- do is simply throw up our hands and refuse to tinian Authority must move quickly to ensure ability to deliver a wide range of basic social engage in efforts to help Israel and the Pal- law and order, prevent terrorist attacks, and and economic benefits. Hamas may be best estinians achieve peace. We cannot turn back dismantle the infrastructure of terror. Finally, known to Americans as a violent terrorist orga- the clock. Every week that goes by without the new government must also take concrete nization, but within the P.A. it has also run any progress to achieve a solution to this con- steps to establish the rule of law, tolerance, schools, medical clinics and day care centers. flict increases the threat to U.S. national inter- reform and sound fiscal management in the The same polling that showed Palestinian ests. This was true before Hamas came to Palestinian territories. disgust with Fatah also showed that a large power and it is just as true today. The foundation of the Road Map peace majority of Palestinians favor a two-state solu- Yesterday, I received a letter from the As- process hinges on Palestinian recognition of tion and peace with Israel. The problem now sistant Secretary of State for Legislative Af- the right of Israel to exist and a pledge by the is how do we, the United States, Israel and fairs assuring me that the administration ‘‘re- Palestinians to end violence and terrorism. the rest of the international community, con- main(s) committed to working toward the Just as the United States will not negotiate vince Hamas that the only way forward is to peaceful resolution of the Israeli-Palestinian with terrorists, neither will Israel. We cannot abandon its dream of driving Israel into the conflict . . .’’ This is a positive statement, and allow American taxpayer dollars to fall into the sea and replacing it with an Islamist Palestine. Congress should play a positive role in part- hands of terrorists who have no intention of Frankly, Mr. Speaker, I do not know if this nership with the President to advance our in- renouncing violence. is possible, but I have become convinced after terests in the region.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H285 For this reason, I am concerned about some most unstable region in the world—the Middle gressional Research Service, the Palestinian legislative proposals that have been intro- East. In recent years, peace looked as close Authority receives about $320 million a year in duced in the House which would, in my view, as it ever has, held together by fragile prom- direct foreign aid, and about double that sharply curtail our ability to engage construc- ises of Arab leaders to end their over half-cen- amount in indirect aid. tively in the Israeli-Palestinian conflict. tury assault on the nonviolent and democratic I am concerned that the international com- Future legislation should include a mix of State of Israel. The control of the Palestinian munity may not be united in its opposition to sticks and carrots—not just sticks. Clearly, di- Authority by Hamas could very well tip the Hamas. There is already disagreement within rect aid to a Hamas-led Palestinian Authority scales away from a peaceful resolution. the Quartet, with President Putin declaring that must be stopped right now, but we should Congress, who holds the purse strings of Russia will not stop foreign aid to the Pales- keep the door open for future aid if the P.A. the peoples’ money, should never provide any tinian Authority. I have already written Presi- undertakes the changes and reforms we are aid to any organization set on such destructive dent Putin to urge him not to fund Hamas, and demanding of them. Permanently restricting results. As a Member of Congress rep- I hope he will reconsider his decision. But the our assistance provides little incentive and resenting a district whose sightline used to in- problem goes beyond Russia. dramatically limits the President’s options. clude the Twin Towers, I know all too well the Arab nations, many of them purported Similarly, we must distinguish between the devastating effects of vengefulness and abhor- friends of the United States, have openly de- Hamas elements of the Palestinian Govern- rence. clared that they will step in and fund the ment and members of the PLO with whom the I am proud of Congress’s actions today and Hamas-led government. Saudi Arabia and U.S. and Israel have negotiated for many commend those who have worked to bring this Qatar have already pledged $33 million. Sev- years. Terminating diplomatic contact with the resolution to the floor. I was similarly proud to eral countries in Latin America, including Ar- entire Palestinian leadership will do nothing stand with my colleagues in December when gentina, Brazil, Venezuela, and Bolivia, have but undermine the very moderates who op- with strong bipartisan support, we passed H. invited Hamas officials to visit with their gov- pose violence and support dialogue with Res. 575, warning against the very inclusion ernments. The international community must Israel. of Hamas and other terrorist groups in the Pal- neither fund, nor legitimize Hamas. In addition, I am concerned about legislative estinian elections. I am also a proud original Therefore, I am circulating a letter to Presi- efforts that would restrict the delivery of U.S. cosponsor of H.R. 4668, a House bill denying dent Bush urging him to build an international humanitarian assistance to the Palestinian aid to a Hamas-controlled Palestinian Author- consensus to withhold foreign aid as a way to people through credible and transparent non- ity. isolate the Hamas-led government until governmental organizations. I am pleased that As our only ally in a region filled with unrest Hamas denounces violence, renounces ter- the recent report in the New York Times about and American hatred, I vow to continue to rorism, and recognizes the State of Israel’s a coordinated American-Israeli effort to stand firm with the State of Israel. The rise to right to exist within secure borders. Many ‘‘starve’’ the Palestinian people has been power by the terrorist establishment Hamas Members of Congress have joined me in this strongly denied by both countries. The aver- only spells trouble for Israel and the United effort, and I hope with this action by Congress age Palestinian on the West Bank and Gaza States, as well as for all our collaborative ef- today, more Members will join our efforts. leads a very difficult life and the further dete- forts to reverse the trend of a region that has Mr. SHAW. Mr. Speaker, the Palestinian rioration of economic conditions will not only been a breeding ground for terrorists sought elections last month provided the Palestinian be devastating for the Palestinians, but will on eliminating freedom and liberty from this Authority an incredible opportunity to take the also weaken Israel’s security. world. necessary step in the Israeli-Palestinian peace Mr. Speaker, today the House is taking an Mr. NADLER. Mr. Speaker, I rise to support process. However, Hamas continues to incite important step by stating unequivocally that S. Con. Res. 79, a resolution expressing the violence and advocate for the destruction of U.S. assistance will not flow to a government sense of Congress that no United States as- Israel. dominated by a terrorist group bent on Israel’s sistance should be provided directly to the The resolution before us today states that destruction. I hope, in the weeks and months Palestinian Authority so long as the Hamas- the United States will not support sending tax ahead, as the situation in Israel and Palestine led government maintains a position calling for dollars in the form of aid to a terrorist govern- evolves, we can come back to this floor and the destruction of Israel. ment. This resolution sends the message that enact thoughtful legislation that helps the Pal- In fact, I will go further and say that the America does not do business with a govern- estinian people, secures the State of Israel, United States should freeze all aid to the Pal- ment that calls for the total destruction of one and advances our own important interests in estinian Government until Hamas denounces of our allies. the Middle East. Mr. GARRETT of New Jersey. Mr. Speaker, violence, renounces terrorism, and recognizes Hamas, for its part, continues to support the I proudly pledge my support for S. Con. Res the State of Israel’s right to exist within secure killing of Israeli civilians and denies the legit- 79, which expresses Congress’s disapproval borders. Hamas’s mission is the destruction of imacy of the state of Israel. Hamas has a of any foreign aid distributed to the Palestinian the State of Israel, and its methods include choice, they can renounce violence, govern Authority if a group holding the majority of wholesale violence against civilians. To fund and work towards peace, or they can choose seats supports the destruction of one of Amer- that regime is to legitimize terrorism against violence and the consequences that follow. ica’s closest allies, Israel. innocent people. Last fall, I sent a letter to President Abbas The recent election by the Palestinian peo- Hamas has been responsible for more than calling on him to institute clear criteria for par- ple that put Hamas in control of their gov- 425 terrorist attacks since the start of the sec- ticipation in Palestinian elections. Groups or erning body should be troubling to all. This or- ond Intifada in the fall of 2000. These attacks individuals such as Hamas who support vio- ganization, with a foundation of hate and a have resulted in the deaths of 377 people, in- lence, racism, intolerance and hatred should track record of evil, has as its platform, one cluding approximately 27 Americans since have no right to participate in democratic elec- goal—the annihilation of the Jewish State of 1993. tions. Israel. With Hamas in the majority—an organiza- Mr. Speaker, I do not see President Abbas It is quite troublesome that a people, des- tion designated as a terrorist group by the working towards peace. This resolution reiter- perate to prove to the world that they are de- United States and the European Union—the ates that America does not deal with terrorists. serving of recognition, peaceful, would with Palestinian Authority is now led by a regime I urge Members to support this resolution. overwhelming support put in power a group whose actions and covenant directly reject a Mr. PAUL. Mr. Speaker, I intend to vote in solely motivated by the ruin of the peaceful diplomatic and peaceful resolution to the favor of this legislation because I support any and freedom-loving Nation of Israel. Israeli-Palestinian conflict. Hamas must pub- statement by Congress indicating hesitation to Hamas is responsible for the tragic deaths licly acknowledge Israel’s right to exist as a send U.S. taxpayer money abroad. of thousands of innocent Israelis and Ameri- free, Jewish state, denounce terrorism and Unfortunately this legislation is motivated by cans, including women and children. They dismantle its terrorist infrastructure, halt anti- politics rather than a genuine desire to limit have refused to take part in any peace talks, Israel incitement, and commit itself to the unconstitutional foreign aid programs. The including the Oslo Accords. They have refused peace process. The logical consequence of wording of the resolution itself does not close to participate in previous, formal governmental Hamas’s failure to follow these civilized prin- the door to providing U.S. aid to the Palestin- operations that have worked with Israel. And ciples must be a freeze on foreign aid from ians even if Hamas, the political party that they actively recruit children to accomplish the international community. won recent parliamentary elections, takes its their malevolent and homicidal agenda. Today, the Palestinian Authority receives seats in parliament without altering its stated For generations, we have been working to- approximately $1.1 billion a year in foreign aid. policies toward Israel. Indeed, the legislation wards a plan that will finally bring peace to the According to a report prepared by the Con- states that ‘‘no United States assistance

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H286 CONGRESSIONAL RECORD — HOUSE February 15, 2006 should be provided directly to the Palestinian The second article, ‘‘Talking with the Guys all of Palestine-Eretz Yisrael on the Book of Authority’’ if Hamas occupies a majority of from Hamas,’’ appeared last Saturday in the Genesis account of God’s land patrimony to seats in the Palestinian parliament. This obvi- Daily Star, a well-respected, moderate Beirut the Jewish people. Political theologians and ously suggests that the money can be spent daily. I urge every member to take time to collectors’ of historical ideologies, please go home for a while. ‘‘indirectly’’ in any case. read it. So this is hardly a strong statement oppos- Its author, Rami Khouri, notes that a Now that Hamas will share or hold power, ing any and all aid to the Palestinians, which ‘‘Hamas-Ied Palestinian government and the they are likely to persist in both their prin- cipled and pragmatic ways. They will assert is the position that I hold. new Israeli government to be elected next I find it interesting that the same proponents rather than drop their existing principles re- month face a historic opportunity.’’ lated to domestic governance, resisting of the United States government exporting de- He predicts that Hamas ‘‘will surely continue mocracy overseas are now demanding that Israel and liberating the Israeli-occupied ter- its 3-year slow shift toward more pragmatism ritories, and potentially coexisting with an something be done when people overseas do and realism because it is now politically ac- Israeli state under certain conditions. It is not vote the way the U.S. Government thinks countable to the entire Palestinian population, foolhardy to expect Hamas to reverse its they should. It seems that being for democ- and to world public opinion.’’ principles at the moment when it has racy means respecting that people overseas However, Khouri warns: ‘‘It is not very help- achieved a historic victory precisely because may not always vote the way Washington ful—as so may pro-Israel American apologists it has adhered to them. At the same time, it wants them to vote. If our aim is to ensure do—to focus mainly on Hamas’ theology or its will surely continue its three-year-old slow that only certain parties or individuals are al- 1987 founding charter, any more than one shift toward more pragmatism and realism, because it is now politically accountable to lowed to lead foreign nations, why not just should deal with Israeli parties that base their admit that democracy is the last thing we the entire Palestinian population, and to claim to all of Palestine—Eretz Israel on the world public opinion. Incumbency means re- want? That attitude is evident in the fact that book of Genesis account of God’s land pat- sponsibility and accountability, which inevi- the U.S. Government spent more than $2 mil- rimony to the Jewish people.’’ tably nurture practicality and reasonable lion trying to manipulate the Palestinian vote in So, what was the point of today’s vote? To compromises. favor of parties supported by Washington. You spell out for Hamas that Congress is going to Here is where Hamas’ experience is in- cannot have it both ways. Although it is al- stand in the way if Secretary Rice suddenly structive, and why it is so important to ways a good idea to eliminate foreign aid, we decides to try to send them a big aid pack- speak with them to understand how they are should be careful about calling the manipula- age? To tell the President that he’d better not likely to behave. My sense from such discus- tion of elections overseas an exercise in ‘‘de- be trying to exploit some loophole to subsidize sions, along with 35 years of watching mocracy promotion.’’ Hamas? Islamists at work, is that they do make com- Mr. MCDERMOTT. Mr. Speaker, I have To clarify for Israel that the position that promises and practical concessions. But they been occupied with the Ways and Means Harry Truman took isn’t being abandoned after only do so on four conditions: they talk and compromise in a political context of negotia- Committee all day and have not been able to 58 years? participate in floor debate. I wish I had been tions between two equal parties; they give Mr. Speaker, time and time again, my Re- only when they get something of equal value able to participate in the discussion of S. Con. publican colleagues have come to the floor Res. 79 which was on the floor this morning in return; they respond emphatically to the with resolutions opining on various issues. consensus position of their national con- because I have a question about the resolu- Regrettably, they often serve to worsen the stituency; and they do not compromise on tion. problems under consideration and to boil com- what they identify as core national rights of My question is: How does this resolution fur- plex issues down to radio talk show-sized equality, dignity, liberty and sovereignty. ther the cause of peace in the Middle East or sound bites. This is a sensitive, dynamic time One more vital point to remember: Hamas make Israel more secure? The resolution states that it is the sense of in Arab-Israeli relations, and I hope members and Hizbullah are the only two Arab groups can restrain themselves from show-boating. that have ever forced Israel’s fabled military Congress that the U.S. should not directly aid to withdraw involuntarily from occupied the Palestinian Authority ‘‘if any representative As Rami Khouri suggests: ‘‘Political theologians and collectors of historical Arab land (South Lebanon and Gaza). Amer- political party holding a majority of parliamen- ican presidents and other purveyors of fan- tary seats within the Palestinian Authority ideologies, please go home for a while.’’ tasy are free to call this sort of maintains a position calling for the destruction [From the Daily Star, Feb. 11, 2006] unilateralism a ‘‘courageous initiative for of Israel.’’ TALKING WITH THE GUYS FROM HAMAS peace,’’ as George W. Bush said of Ariel Of course there is a party with that senti- (By Rami G. Khouri) Sharon. The rest of the rational world calls ment, Hamas, and—as we all know—that U.S. I had the opportunity Thursday to explore this what it is: a retreat, and a tacit admis- law prohibits aid to Hamas. As far as I know, first-hand the implications of the victory of sion of defeat. Hamas will build on the poli- neither President Bush nor Secretary Rice nor Hamas in last month’s Palestinian par- cies that achieved this, not repudiate them. anyone else in our Government has proposed liamentary elections. I went to talk to Hamas lives in the real world, not in trying to find a loophole through which the Hamas leaders at the Palestinian refugee fantasyland. It and its supporters are not so camp of Burj al-Barajneh in Beirut, where U.S. can bankroll Hamas. impressed with having tea in the White So we have a resolution opposing an action poor, disenfranchised Palestinian refugees House. They are much more focused on live in rather atrocious material conditions. bringing back a degree of personal dignity, which is already prohibited in existing law. We After two-and-a-half hours of discussions communal self-respect, and national integ- are bravely opposing doing something illegal among Hamas, other Palestinian parties and rity to Palestinian life. They also know that that no one at all in the administration or Con- an Anglo-American visiting delegation, I the majority of Palestinians, other Arabs gress has proposed to do. now know better why Hamas swept the Pal- and world nations wish to coexist in nego- Why? Why did we come to the floor and estinian elections. The human contact also tiated peace with the state of Israel, if Israel vote on this? Who does it help? reveals what the news does not convey: this in turn reciprocates the sentiment to the I am submitting two articles for the RECORD exiled, marginalized, downtrodden and vul- Palestinians and other Arabs whose lands it along with this statement. The first, ‘‘The Right nerable refugee community walks today with has occupied. How to reconcile these reali- Way to Pressure Hamas,’’ is an editorial from its head held higher than any other group of ties is a priority issue for them in the com- this morning’s New York Times. people in the entire Middle East, because of ing months. its unique combination of self-confidence, It discusses the rumors that the U.S. and I expect that Hamas will combine its leg- perseverance, success and legitimacy. Hamas Israel are trying to create conditions that acy of both principles and pragmatism in is the only Arab party that enjoys an au- slowly making important decisions on key would lead to new elections to oust Hamas, thentic mandate from its people, genuinely issues in coming months. These will include presumably in favor of Fatah. manifested through victory in two free elec- sharing power in Palestine, reforming cor- The editorial notes that ‘‘in the long, sorry tions at the municipal and national levels. history of the Israeli-Palestinian dispute, there What does one learn from such encounters? rupt and mediocre national institutions, gal- is not a shred of evidence to support the no- The two most significant themes that vanizing an effective national Palestinian tion that pushing the Palestinian population emerge from discussions with Hamas offi- leadership representing all Palestinians in the world, negotiating peace with Israel into more economic desperation would some- cials—and from their many statements—are a commitment to national principles and a while resisting its occupation, and fostering how cause them to moderate their political the development of a society that is not nec- views. In fact, experience teaches the exact clear dose of political pragmatism. Both di- mensions are important, and cannot be sepa- essarily ruled by Islamic law. opposite.’’ rated. A Hamas-led Palestinian government and The Times goes on to say that a wise It is not very helpful—as so many pro- the new Israeli government to be elected course ‘‘would be to step back and desist from Israeli American apologists do—to focus next month face a historic opportunity, if deliberately provoking the Palestinians, and mainly on Hamas’ theology or its 1987 found- they are prepared to see each other as rep- give Hamas a chance to reconsider its own ing charter, any more than one should deal resenting peoples and nations with equal options.’’ with Israeli parties that base their claim to rights. Hamas has reached this triumphant

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H287 moment precisely because it has insisted on fore us a resolution that, in its brevity, ex- The Israeli national anthem is entitled ‘‘The such equality, rather than pandering to presses the apprehension, concern, and reso- Hope,’’ and it expresses an optimistic, yet Israeli-American promises as other Pales- luteness of our country in response to the vic- sober understanding of what is needed to at- tinian leaders did without success. Hamas can be pragmatic only because its tory of Hamas in the Palestinian elections 3 tain peace. Today, as a Member of Congress, resistance and consistent principles have weeks ago. I will join my colleagues in telling the Pales- brought it success. Understanding the dy- I stand here to support the sense of Con- tinian Authority that it must step onto the inter- namic relationship between these factors is gress that an organization that does not rec- national diplomatic arena with honesty, open- the key to movement forward to a win-win ognize the right of another sovereign state to ness, and a willingness to compromise. I still situation for all, including Palestinians, exist should not be the recipient of our aid. I believe that a State of Palestine and a State Israelis and the slightly dazed denizens of have grave reservations about this resolution, of Israel will someday be able to coexist in fantasylands far away. however. Rather than pressure Hamas to rec- peace, but in order for that to happen, both must acknowledge one another. [From the New York Times, Feb. 15, 2006] ognize Israel, we may instead add more fire to the hostilities and prematurely halt the peace Mr. GENE GREEN of Texas. Mr. Speaker, THE RIGHT WAY TO PRESSURE HAMAS process by asserting this punitive resolution. I rise today in strong support of this resolution America and Israel have to walk a very I hope that the Palestinian Authority will en- as a first step toward helping our close ally, narrow line in defining their relations with a Israel, from an increasing threat. This resolu- democratically elected Palestinian govern- gage in diplomatic relations and come to an ment built around Hamas, a party that not understanding that is satisfactory to all in- tion responds to the troubling results of the only endorses terrorism but also commits it. volved. The violence and suicide bombings Palestinian Legislative Council, PLC, elections They cannot possibly give political recogni- are still present in our minds, and our objec- last month, in which Hamas—the radical Is- tion or financial aid to such a government. tive is to never have to witness events such lamic Palestinian organization that has sought Neither can any country that claims to op- as these again. to expel Jews and destroy the state of Israel pose terrorism. That defines the right side of But I also know that the Palestinian people to establish an Islamic Palestinian state based the line. need our help desperately. They are vulner- on Islamic law—won a majority of the seats. On the wrong side lies the kind of delib- able. They need food, shelter, warmth, sanita- Hamas has been recognized by the United erate destabilization that, according to a re- States and the European Union as a terrorist port by our Times colleague Steven Er- tion, medicine, schools. But they also need langer, Washington and Jerusalem are now safety, protection, confidence, and a reason to organization, and has committed hundreds of discussing. That would involve a joint Amer- believe that they may someday witness and acts of terrorism against Israeli citizens since ican-Israeli campaign to undermine a Hamas achieve stability and peace. By joining in the its creation in 1987. government by putting impossible demands sense of Congress today and refusing aid to The group has employed car bombings, sui- on it, starving it of money and putting even a government that does not recognize Israel, cide bombings, mortar attacks, Qassam rocket greater restrictions on the Palestinians with we cannot forget the Palestinian people, who attacks, and assassinations to achieve its stat- an eye toward forcing new elections that still urgently need our humanitarian aid. ed goal of destroying Israel, and in doing so might propel the defeated and discredited has killed thousands of innocent Israelis, as Fatah Party back to power. Some may say that the majority voted for a historically terrorist political party. But the pic- well as several Americans, including 5 during Set aside the hypocrisy such a course a series of bombings in 1996. would represent on the part of the two coun- ture is never as simple as it seems on the sur- tries that have shouted the loudest about the face—Palestinians had a choice between cor- In FY 2005, $275 million was appropriated need for Arab democracy, and consider the ruption and terrorism. They have seen the to the West Bank and Gaza, with $50 million probable impact of such an approach on the wasted resources and the ineffectiveness. of that funding going directly to the Palestinian Palestinians. They are already driven to dis- They voiced their disgust in their leadership by Authority. We can never allow U.S. taxpayer traction by fury, frustration and poverty. Is democratically voting them out of office. The dollars to get in the hands of a Hamas-con- it really possible to expect that more punish- trolled government to be used against Israel. elections were a success in that regard—cam- ment from the Israelis and the Americans, The Palestinian people voted and selected paigning was energetic and nonviolent, and this time for not voting the way we wanted Hamas, but that does not mean we must sup- them to, would lead them to abandon the election turnout was beyond expectations. port an organization that is counter to real Hamas? They chose to replace the party in power with peace in the Middle East. Elections are seri- In the long, sorry history of the Israeli- an alternative that promised more solidity, ous business, and I am disappointed the Pal- Palestinian dispute, there is not a shred of more leadership, and more hope for the fu- evidence to support the notion that pushing estinian people selected a group who does not ture. want peace. the Palestinian population into more eco- I do, however, implore that Hamas recog- nomic desperation would somehow cause Passing this resolution is just a first step to them to moderate their political views. In nize the state of Israel and renounce violence. notify a Hamas led government; the US and fact, experience teaches the exact opposite. We can help them achieve many great things, its allies can not support a government in Fatah lost last month’s election because including their own sovereign state. I hope that Gaza and the West Bank that does not recog- its incompetence and corruption drove Pal- they will take us up on our offer. nize Israel’s right to exist. estinian voters into the arms of the more Israel has found a way to exist as both a re- Mr. Speaker, these election results are ex- austere, social-services-oriented Hamas. If ligious state and as an international diplomatic tremely troubling and this resolution shows the new government fails to deliver because partner while protecting its own interests. solidarity and concern for the security of Israel it puts continued terrorism over the well- Many Arab states have also tried this with being of the Palestinian people, it may in- and its people. I urge my colleagues to join deed be booted out of office. But a Hamas varying degrees of success. Hamas needs to me in supporting this resolution to send a that could explain continued Palestinian understand that you can run your country strong message to Hamas that we will not rec- misery by a deliberate American-Israeli plan holding religious values close, while partici- ognize them as a legitimate government so to reverse the democratic verdict of the polls pating in a secular process that will give you long as they promote terrorism. would be likely to become only stronger. what you seek. Daily, we see reports that Mr. BROWN of Ohio. Mr. Speaker, I rise in Washington publicly asserts that no such Hamas refuses to acknowledge Israel’s right support of S. Con. Res. 79, a resolution urging plan is being discussed. A far wiser course for to exist. Although we understand the anger, that no U.S. assistance should be provided di- the United States to pursue would be to step we’ve been shocked and dismayed at the vio- back and desist from deliberately provoking rectly to the Palestinian Authority if any rep- the Palestinians, and give Hamas a chance to lence in the Islamic community as a result of resentative political party holding a majority of reconsider its own options. Some hints about the publication of offensive cartoons. Unfortu- parliamentary seats within the Palestinian Au- its intentions may emerge from the way its nately these images are present in our minds thority maintains a position calling for the de- leaders respond to overtures by the Russian as we consider our relationship with the Mid- struction of Israel. president, Vladimir Putin. Last week, Mr. dle East. I strongly urge Hamas to reassess With Hamas’s victory in the Palestinian elec- Putin indicated that he intended to invite its tactics and its position in relation to its tions and the continued nuclear aggression of them to Moscow for a visit. goals, as well as reassess how best it can Iran, it is now more important than ever for the Mr. Putin’s move was controversial in the serve its people in its new position of govern- West, and perhaps he should have provided U.S. to reaffirm its support for Israel. more warning. But that would be a minor ment leadership. I know that your religion val- With Hamas’s new power comes new re- snub indeed if he prods Hamas toward re- ues human life. Prove it by protecting your sponsibility. It is time for Hamas to recognize nouncing terrorism, accepting Israel’s right people, and assuming the authority you have Israel’s right to exist. It is time for Hamas to to exist and reviving the peace process. democratically earned by recognizing Israel’s lay down its arms and realize the road to Ms. JACKSON-LEE of Texas. Mr. Speaker right to exist, just as you assert your right to peace lies through direct negotiations with and my fellow Representatives, we have be- exist. Israel.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H288 CONGRESSIONAL RECORD — HOUSE February 15, 2006 We must call on Hamas to put an end to vi- (Mr. HYDE) that the House suspend the Nevada (Mr. PORTER) and the gen- olence and terror. They must cease their rhet- rules and concur in the Senate concur- tleman from Illinois (Mr. DAVIS) each oric of hate. The U.S. and the international rent resolution, S. Con. Res. 79. will control 20 minutes. community must strongly urge Hamas to rec- The question was taken. The Chair recognizes the gentleman ognize Israel’s right to exist. The SPEAKER pro tempore. In the from Nevada. Mr. FARR. Mr. Speaker, Hamas maintains opinion of the Chair, two-thirds of GENERAL LEAVE and asserts a radical, violent ideology within those present have voted in the affirm- Mr. PORTER. Mr. Speaker, I ask its charter—the destruction of Israel. I believe ative. unanimous consent that all Members that S. Con. Res. 79, which reaffirms that no Ms. ROS-LEHTINEN. Mr. Speaker, may have 5 legislative days within U.S. funds should go to the Palestinian Au- on that I demand the yeas and nays. which to revise and extend their re- thority if the majority party maintains a position The yeas and nays were ordered. marks and include extraneous material calling for the destruction of Israel, is a good The SPEAKER pro tempore. Pursu- on H. Con. Res. 300, as amended. first step in creating a more peaceful region. ant to clause 8 of rule XX and the The SPEAKER pro tempore. Is there Voting in support of this Resolution is not a Chair’s prior announcement, further objection to the request of the gen- hard choice. proceedings on this question will be tleman from Nevada? But harder choices and questions lay postponed. There was no objection. ahead. Should we choose a knee-jerk reaction f Mr. PORTER. Mr. Speaker, I yield that cuts off all communication, as well as all myself such time as I may consume. PAYING TRIBUTE TO SHIRLEY assistance to the Palestinian people? The al- Mr. Speaker, I rise in support of H. HORN ternative is taking a deep breath and reflecting Con. Res. 300, which pays tribute to Ms. on more constructive ways to bring about a Mr. PORTER. Mr. Speaker, I move to Shirley Horn, one of the leading jazz long-term, sustainable peace within the region, suspend the rules and agree to the con- musicians of her generation. Ms. Horn while maintaining our opposition to a political current resolution (H. Con. Res. 300) passed away this past October, leaving party that supports the idea of the destruction paying tribute to Shirley Horn in rec- behind a legacy of unsurpassing musi- of another nation. ognition of her many achievements and cal achievement and a family thankful The reasons behind Hamas’s victory are contributions to the world of jazz and for her dedication as a wife, a mother, complicated. Polling data continues to show American culture, as amended. and a grandmother. I thank the resolu- that the majority of Palestinians want peace The Clerk read as follows: tion’s author, Mr. CONYERS, for draw- and believe in a two-state solution. Palestin- H. CON. RES. 300 ing our attention to Ms. Horn’s accom- ians are tired of a corrupt government and are Whereas on October 20, 2005, the United plishments and her status as one of exhausted by living in poverty. The U.S. Gov- States lost jazz legend Shirley Horn, who America’s artistic treasures. ernment’s actions should not feed these root contributed greatly to the musical landscape Ms. Horn’s talent was evident in causes of Palestinian discontent. In fact, we of the Nation through her artistry and musi- early life. She began playing the piano should be supportive of efforts to mitigate cal talent; at age 4 and started formal musical these problems, including continued support Whereas Shirley Horn was born in 1934 in Washington, DC, and started her musical ca- training at age 5. At the age of 12, she for NGO-run humanitarian assistance. This reer at the age of four on her grandmother’s studied composition at Howard Univer- path of moderation, I believe, will help bring piano; sity in Washington, DC and received a more security to Israel, Gaza and the West Whereas at the tender age of 12, Shirley scholarship to the Julliard School in Bank, and some day a Palestinian State. Horn studied composition and piano at How- New York at the age of 18. Unable to Silence does not create peace and we ard University and was invited to attend the afford the high costs of living in New shouldn’t turn our backs on the Middle East prestigious Juilliard School in New York York, Ms. Horn instead remained in and push all Palestinians down a path of isola- City when she was 18; Washington, again studying music at tion and extremism. The U.S. and Israel must Whereas jazz gives a powerful voice to the American experience and is born of a diverse Howard University. remain engaged and push for a peace proc- society, uniting people across the divides of Ms. Horn released her first album in ess that supports moderate Palestinian voices race, region, and national boundaries, and 1961. The record, entitled ‘‘Embers and and peaceful leaders and urge Hamas to con- draws from life experience and human emo- Ashes,’’ established her as a gifted jazz duct itself as a legitimate political authority by tion; musician and attracted the attention renouncing the ideology of the destruction of Whereas over her long and distinguished of such musical luminaries as Miles Israel. career, Shirley Horn performed and worked Davis and Quincy Jones. Following the I urge Hamas to change its charter and urge with jazz legends, including Miles Davis and release of ‘‘Embers and Ashes,’’ Ms. the U.S. State Department to choose peace. Quincy Jones; Horn recorded two more albums and Mr. SHAYS. Mr. Speaker, I appreciate this Whereas Shirley Horn recorded over two dozen albums and was lauded with numerous spent several years touring major jazz resolution being brought to the floor so quickly honors, including the Grammy Award for clubs throughout the United States. and urge its passage. best jazz vocal performance in 1998, election However, Ms. Horn struggled with The Hamas victory in Palestinian parliamen- into the Lionel Hampton Jazz Hall of Fame the travel demands of an active tour tary elections is of great concern to me and in 1996, an honorary doctorate from the schedule and chose to spend the bulk of many others and presents a major challenge Berklee College of Music in 1998, the 2003 her time at home with her husband and to the peace process. There is simply no way Jazz at Lincoln Center Award, inclusion in daughter, occasionally playing at local our government can meet with or provide as- ASCAP’s Wall of Fame as the 2005 living leg- jazz clubs in the Washington and Balti- sistance to a government led by a terrorist or- end, and the 2005 NEA Jazz Master, the Na- tion’s highest honor in jazz; more areas. Then, in 1980, while attend- ganization. Whereas Shirley Horn never forgot her ing a musicians’ convention in Wash- Hamas ran a campaign based on cleaning roots and continued to support and perform ington, she was rediscovered while out the corruption of the Fatah party. The Pal- in her local community of Washington, DC, playing at a hotel piano with a group estinian people responded to this pledge, but receiving the Mayor’s Arts Award for Excel- of old friends. sadly in the process elected a terrorist govern- lence in an Artistic Discipline; and This rediscovery led to several years ment. Unless Hamas recognizes the State of Whereas Shirley Horn’s voice and piano of touring and recording, with audi- Israel’s right to exist, ceases incitement and had a profound effect on her listeners around ences and critics alike responding en- the world: Now, therefore, be it permanently disarms and dismantles their ter- thusiastically to her resurgence. Ms. rorist infrastructure, the United States will not Resolved by the House of Representatives (the Senate concurring), That Congress— Horn received nine Grammy nomina- work with this government, nor can we expect (1) notes with deep sorrow the death of tions during this period, culminating Israel to. Shirley Horn and extends heartfelt sym- in her 1998 Grammy Award for Best Mr. ACKERMAN. Mr. Speaker, I pathy to her husband and family; and Jazz Vocal Performance for ‘‘I Remem- yield back the balance of my time. (2) recognizes Shirley Horn’s many ber Miles,’’ her tribute to Miles Davis. Mr. HYDE. Mr. Speaker, I yield back achievements and contributions to the world the balance of my time. of jazz and American culture and notes the b 1100 The SPEAKER pro tempore (Mr. loss to American culture with her passing. Ms. Horn’s awards also include a 2003 KOLBE). The question is on the motion The SPEAKER pro tempore. Pursu- Jazz at Lincoln Center award for Artis- offered by the gentleman from Illinois ant to the rule, the gentleman from tic Excellence, and being named the

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H289 2005 National Endowment for the Arts health barriers to overcome. Neverthe- With encouragement from Miles and Quincy, Jazz Master, this country’s highest less, she persevered. two other jazz icons, Shirley went on to record honor for jazz, composers and musi- For example, even after having her over two dozen albums and was lauded with cians. In 2004, Ms. Horn was honored foot amputated due to complications numerous awards. After seven consecutive during a star-studded tribute and con- with diabetes, she still played her Grammy nominations, she won in 1998 for cert at Washington’s Kennedy Center. music even though it was difficult for best jazz vocal performance. It was fitting that Musically, Ms. Horn will be remem- her to use the pedals on the piano. Ms. the winning album was ‘‘I Remember Miles,’’ a bered for the interaction between her Horn once said, and I quote, ‘‘I have to tribute to her mentor and friend, Miles Davis. voice and the piano and her slow, inti- do it. I think when I was born, it’s like I cannot think of a more fitting honor for Shir- mate ballads that have influenced the God said, ‘Music!’ and that was it. All ley and Miles. new generation of jazz artists. She will my life, that’s all I knew. It’s in me, But her contributions to music go far beyond also be remembered for her dedication it’s jammed up, and it’s got to come one album. On recordings for Verve Records, to family and the sacrifices she has out.’’ She let her great raspy voice fill she collaborated with Miles Davis, Wynton made to be a good wife, mother and our ears, and she let us sit and listen to Marsalis, Gary Bartz, and Toots Thielman. grandmother. her slow leisurely stroll along the 88 She even recorded the soundtrack for the Mr. Speaker, as a musician myself, keys of the grand piano. movie ‘‘For Love of Ivy.’’ The person who certainly nowhere near the accom- Generations to come will listen to asked her to do the soundtrack was the star plished musician as Ms. Horn was, I her music, appreciate the ability of her of the film, Sidney Poitier. She also recorded would like to also state from the per- voice to communicate deep intimacy, a tribute album to Ray Charles called ‘‘Here’s sonal side that I truly believe that the set to just the right tempo, and honor to Life, Light out of Darkness.’’ avenue to world peace is through her great accomplishments as a jazz She also was elected into the Lionel Hamp- music. I think she played a major role legend and as a black woman. ton Jazz Hall of Fame, received an honorary in bringing different cultures, different Mr. Speaker, music is an inter- doctorate from Berklee College of Music, and groups together for generations. I ap- national language. Those who are gift- won the 2003 Jazz at Lincoln Center Award. plaud her for that. ed to convey it can communicate with Importantly, she never forgot her family or I would like to thank Mr. CONYERS individuals from every spectre of life, her background. She lived mainly in Wash- for bringing this national treasure to individuals from many different coun- ington during the early part of her career so our attention today and providing this tries, individuals who speak different that she could take care of her daughter. Re- opportunity to pay tribute to Ms. languages and understand different dia- cording equipment and jazz legends like Elvin Horn’s accomplishments. I ask my col- lects. That is the value of the musi- Jones came to her house to record albums. leagues to support this resolution. cian, and that has been the value of She even remembered how one person Mr. Speaker, I reserve the balance of Shirley Horn. could make a difference in the lives of others. my time. Mr. CONYERS. Mr. Speaker, I rise in sup- Just as Miles recognized her talent and took Mr. DAVIS of Illinois. Mr. Speaker, I port of this resolution, which honors the life of her under his wing, Shirley reached out to a would yield myself such time as I my friend, Shirley Horn. Shirley, who passed young drummer named Aaron Weiman and might consume. took him under her wing. And none other than Mr. Speaker, I am pleased to join away on October 20, 2005, was one of this pianists-singers Diana Krall and Norah Jones with my musician colleague from Ne- country’s last great jazz vocalists, one in the triumvirate of ElIa Fitzgerald and Carmen count her as mentors. vada in support and in consideration of I again express my deepest sympathies to this resolution. I want to thank my McRae. Her luminous voice gave rise to whis- pery vocals that made songs lucky to be sung her family and urge my colleagues to vote colleagues from Michigan and Wash- ‘‘yes’’ on this resolution. ington for their leadership in bringing by her. Many fans noted that her songs simply melted in the air. She was a giant in the world TAKOMA PARK, MD, this resolution that pays tribute to the February 14, 2006. renowned Shirley Horn to the floor of music and will forever remain an icon of American culture. I had the privilege of sharing Representative JOHN CONYERS, JR., today. Mr. CONYERS and Ms. NORTON in- Rayburn House Office Building, troduced this resolution to honor Ms. my memories of her at her memorial service Washington, DC. Horn after she passed away on October last year, surrounded by her family and count- DEAR CONGRESSMAN CONYERS: I am writing 20, 2005. less friends. in support of House Concurrent Resolution Mr. Speaker, there are jazz singers Shirley was born here in Washington in 300, saluting the life and music of Shirley who go for the bangs and booms of 1934 and started her career in music at the Horn. Shirley Horn was an American original. rhythm and speed. And then there is age of ten on her grandmother’s piano, un- aware of the impact she would have on the She was an outstanding jazz singer and musi- Shirley Horn, who took it slow. She cian. She lived that uniquely American moseyed along the piano keys, gently world. She studied music at Howard University music, jazz, respected its traditions: and stepping and loving the ivories with and was invited to attend the prestigious passed them on for all to share. In small her fingers. Her raspy voice and her Juilliard School in New York. While financial clubs, and in large auditoriums, Shirley way with the grand piano made her leg- difficulties at home kept her from Juilliard, they Horn performed throughout the United endary. did not impede her spirit and drive. States and around the world. This resolution Shirley Horn was born on May 1, 1934, While she started as a piano virtuoso, she honors Shirley for all time. It is richly de- in Washington, DC. She tinkled the was seventeen when she was coaxed into served. I applaud its introduction and urge singing at a Washington, DC club called One the House to vote to pass it. keys of the piano ever since she was 4 Shirley Horn worshiped words and the sto- years old with encouragement from her Step Down. A customer promised her a tur- ries they told—and her renditions of stand- mother, who dreamed of her daughter quoise teddy bear if she would sing ‘‘My Mel- ards and other songs were lyrical magic. being a black classical pianist. ancholy Baby.’’ Shirley said she was so shy, When we first met, she sat right next to Discovered by Miles Davis when she but she wanted that teddy bear enough to sing me at the piano for a whole night at Wash- was just a teenager singing in a bar in the song. ington’s famous and now defunct jazz club, Washington, DC, she was admired by It was none other than Miles Davis and the One Step Down. At first, I was intimi- Quincy Jones who plucked her from that local dated by a giant of America’s music sitting jazz greats. She won a Grammy award no more than three feet away. This was in 1999, her first win after nine nomina- club to international fame, and the story is someone who worked with Miles Davis and tions. She also was inducted into the worth repeating. Miles called her out of the so many other greats! But, she was warm and Lionel Hampton Jazz Hall of Fame in blue after the release of her very first album, infinitely gracious to a young, developing pi- 1996. ‘‘Embers and Ashes,’’ and asked her to open anist. A wonderful friendship grew over the Ms. Horn did not reach stardom until for him at the Village Vanguard in New York. last 7 years of her life and Shirley Horn be- she was well into her fifties. She put Not surprisingly for a young artist, she thought came my ‘third’ grandma. off her performing in clubs in D.C. in it was a joke and did not believe it until she Through the terrible illness that eventu- ally took her life, she always thought about order to raise her daughter. She made went to New York and actually heard Miles’s leaving her hospital bed and playing music. certain that she balanced performing children singing from the album. Miles and his She yearned to sing, play piano, and perform and raising her family. trumpet later joined a concert of hers but alongside her long-time band members, Later in life, she continued to share would not come out from behind a pillar while Steve Williams on drums and Ed Howard on her music, even though she had many playing ‘‘My Funny Valentine.’’ bass.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H290 CONGRESSIONAL RECORD — HOUSE February 15, 2006 Her love of lyric and melody inspired me, offered by the gentleman from Nevada the extent of the damage and the most musicians and singers, and audiences around (Mr. PORTER) that the House suspend appropriate means to cover all poten- the world. Shirley was wonderful at making the rules and agree to the concurrent tial future claims. all the songs she sung and played beautiful, resolution, H. Con. Res. 300, as amend- These claims from those whose rich, and full of emotion and stories. She made famous a song entitled’’ Here’s ed. homes and businesses have been dam- to Life’’ written by Phyllis Molinary and The question was taken; and (two- aged or destroyed by Hurricanes Artie Butler. This was the closing song at thirds having voted in favor thereof) Katrina, Rita and Wilma are not a new many of her concerts. She ended with the the rules were suspended and the con- obligation. They are the result of a last lyric, which was ‘‘Here’s to life / Here’s current resolution, as amended, was legal promise we made to these home- to Love / Here’s to You.’’ agreed to. owners and business owners, a commit- Here’s to you, Shirley, A motion to reconsider was laid on ment we made when Congress passed I urge all house members to support House Concurrent Resolution 300. the table. the National Flood Insurance Act of AARON WEIMAN. f 1968 and subsequent revisions. Homeowners and business owners NATIONAL FLOOD INSURANCE SILVER SPRING, MD, across the country agreed to pay pre- February 14, 2006. PROGRAM ENHANCED BOR- miums, communities agreed to adopt Hon. JOHN CONYERS, ROWING AUTHORITY ACT OF 2006 building codes to mitigate flood dan- Rayburn House Office Building, Mr. NEY. Mr. Speaker, I move to sus- gers, and the Federal Government Washington, DC. pend the rules and pass the Senate bill agreed to provide insurance coverage DEAR REPRESENTATIVE CONYERS: I was (S. 2275) to temporarily increase the thrilled to learn that you introduced and the to policyholders after a disaster. Every House of Representatives will soon consider borrowing authority of the Federal single one of these claims represents are solution to honor the life of Shirley Emergency Management Agency for someone who has taken the responsible Horn. carrying out the national flood insur- course of action by purchasing flood in- As her drummer for approximately 30 ance program, as amended. surance and paying premiums to the years, and her, as she would say, soul mate, The Clerk read as follows: government. I can honestly say Shirley Horn is already S. 2275 We not only have a legal obligation and has been among the great ambassadors— to honor our commitments, we have a to America and to the World—of this truly Be it enacted by the Senate and House of Rep- authentic American art form, jazz. resentatives of the United States of America in moral obligation to provide the cov- I also have to include, that through her Congress assembled, erage we promised to provide to these music, piano and voice, Shirley Horn taught SECTION 1. SHORT TITLE. people. I think the thrust of this bill is us, the very important things in life—heart This Act may be cited as the ‘‘National so important for people. I understand felt honesty, companionship, love and the Flood Insurance Program Enhanced Bor- the argument some of my colleagues art of swing, the later I personally believe rowing Authority Act of 2006’’. are making about the need to have fur- native of this country. SEC. 2. INCREASE IN BORROWING AUTHORITY. ther reforms for the National Flood In- Shirley Horn, being a complete musician, The first sentence of subsection (a) of sec- surance Program. was able to interpret to me, on my instru- tion 1309 of the National Flood Insurance Act ment, the drums, precisely what she wanted. I note the Committee on Financial of 1968 (42 U.S.C. 4016(a)), as amended by the Services held a markup in November of It was then I realized her knowledge of the National Flood Insurance Program Further importance of each instrument. That in- Enhanced Borrowing Authority Act of 2005 2005 that addressed several reform ini- cluded her ability to show me the way to ex- (Public Law 109–106; 119 Stat. 2288), is amend- tiatives to enhance accountability and press what had to be said purely and simply. ed by striking ‘‘$18,500,000,000’’ and inserting ensure 2004 reforms are implemented. We traveled the world and each perform- ‘‘$20,775,000,000’’. We had the support of Chairman OXLEY ance was an adventure. Of notable perform- SEC. 3. EMERGENCY SPENDING. and our ranking member Mr. FRANK of ances, I must recall the evening hosted by Amendments made pursuant to this Act Massachusetts on a bipartisan basis. President Bill Clinton and First Lady Hilary are designated as emergency spending, as Clinton. Even with the audiences who didn’t Mr. Speaker, I just want to make it provided under section 402 of H. Con. Res. 95 speak our language, Shirley Horn was able to clear, we had reforms. This is not going (109th Congress). communicate her message of song, melody to be the last of these bills that we are and love, truly qualities of an ambassador. The SPEAKER pro tempore (Mr. going to see, and we will work towards During my time with Shirley Horn, I was GILLMOR). Pursuant to the rule, the having some reforms. able to record and perform with many of the gentleman from Ohio (Mr. NEY) and the In addition, the Subcommittee on greats of this music; Miles Davis, Milt Jack- gentleman from Massachusetts (Mr. Housing and Community Opportunity son, Gary Bartz, Roy Hargrove, Wynton FRANK) each will control 20 minutes. held four hearings on this important Marsalis, Toots Thielemans, Joe Henderson. The Chair recognizes the gentleman And a particularly educating experience, we program last year, including an August recorded at her home with two colossal men from Ohio. field hearing in rural Ohio, in my dis- of my instrument: Elvin Jones and Billy Mr. NEY. Mr. Speaker, I yield myself trict. The Housing subcommittee will Hart. There was no end to what she was able such time as I may consume. have continuous oversight of this im- to give. Mr. Speaker, it is a pleasure to be portant program, NFIP and look for all Now we have the rest of our lives to ingest here with my colleague from Massa- possible legislative solutions that will and pass on her legacy. chusetts on an important bill. It is de- make this program as efficient and re- Our Nation was enriched by Shirley Horn signed, of course, to increase the bor- and her wonderful legacy. sponsive as it can be. My sincere thanks and appreciation for rowing authority of the National Flood Floods have been and continue to be asking the House of Representatives and the Insurance Program. one of the most destructive and costly U.S. Senate to honor this great Lady. In the immediate aftermath of Hurri- natural hazards to our Nation. Early Sincerely, cane Katrina, I introduced H.R. 3669, last year, there have been three major STEVE WILLIAMS. the National Flood Insurance Program floods in the district that I represent, Mr. DAVIS of Illinois. Mr. Speaker, I Enhanced Borrowing Authority Act of all three of these incidents qualify for have no further requests for time, and 2005. That piece of legislation increased Federal relief granted by the President, I yield back the balance of my time. insurance by $2 billion, which went a and this flooding event, in January of Mr. PORTER. Mr. Speaker, I again long way in helping the Department’s last year, resulted in historic levels of appreciate having the opportunity to flood insurance response. damage in several communities. speak on this resolution today, and my The bill before us today would pro- Now, we have a major disaster of the strong feelings that we should recog- vide a total of about $20.775 billion in likes of which we haven’t seen before nize her for her many accomplish- borrowing authority to help ensure down in the gulf, and the national flood ments. I would ask that my colleagues that the NFIP have sufficient funding insurance is a valuable tool in address- support this resolution as amended. on a cash basis in the short-term. This ing the losses incurred throughout the Mr. Speaker, I yield back the balance bill would allow FEMA to continue country due to these floods. I urge the of my time. paying claims resulting from Hurri- support of this bill. The SPEAKER pro tempore (Mr. canes Katrina, Rita and Wilma, while Mr. Speaker, I reserve the balance of KOLBE). The question is on the motion the administration further evaluates my time.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H291 Mr. FRANK of Massachusetts. Mr. depriving people of the benefit of this currently going about a remapping of Speaker, I yield myself such time as I program, we are talking about improv- communities in my State that will may consume. ing it from an environmental and effi- bring thousands more of my constitu- Mr. Speaker, I want to reinforce ciency standpoint. ents and perhaps tens of thousands what the gentleman from Ohio, the By the way you do people no favor if across the State of Michigan into the chairman of the subcommittee, said. In you encourage them to build where flood plain. This will force those with the Committee on Financial Services, they are then going to be the victims federally guaranteed mortgages to pur- on a bipartisan basis, we marked up a of a diaster. I know the chairmen of chase FEMA flood insurance. bill that would authorize increased the full and subcommittee feel strong- Mr. Speaker, let me share a few num- funding, but accompanied that with ly about this. bers with you and ask you to deter- some reform. Let me go back to a cou- Let me speak for myself. I will sup- mine for yourself whether or not ple of years ago, when, at the initiative port this bill. I will not support a fur- Michigan needs to pay more into this of a bipartisan pairing of Members, our ther grant of increased borrowing au- insurance pool. former colleague, Mr. Bereuter of Ne- thority unless we have had a chance to Since 1978, that was the year Michi- braska and our continuing colleague, deal with the reforms. If some of the gan actually opted into the program, the gentleman from Oregon (Mr. changes that I support are voted on, the people of Michigan have paid pre- BLUMENAUER) took up the cause of re- and I am defeated, I accept that. miums totaling over $138 million; and forming the flood insurance program. But to be confronted with a situation in that same time, FEMA has paid out- We began that process. Frankly, I where the Senate sends us legislation side claims totaling less than $38 mil- find it a little ironic. Some of those that simply extends the money without lion. So since 1978, as you can see who have been critical recently of the any consideration of reform will be un- through this chart, Michigan has sub- flood insurance program were some of acceptable to me. I don’t want to vic- sidized this program to the tune of over those who resisted our efforts to make timize the people who are there, but it $100 million. And the people of FEMA tougher reforms back then. But at the is simply does not comply with our du- seem to agree. insistence of those two Members who I ties to the taxpayers, to the environ- In fact, there was an article I think mentioned, the chairman of the full ment, and elsewhere, to the public in- last week in the Detroit Free Press committee, the gentleman from Ohio terest, to simply continue to put more which quoted FEMA spokesperson Eu- (Mr. OXLEY); the chairman of the sub- money into this program without fur- gene Kinerney saying this about Michi- committee Mr. NEY and I and others ther reforms. gan’s participation in the program. He worked hard. We did insist on some re- As I said, we did begin the process. said, ‘‘You guys subsidize other policies forms. We didn’t get everything we So I will support this now. I am pleased in other parts of the country, abso- wanted. that the chairman of our committee lutely.’’ That is what FEMA said. So in This year, as the gentleman from has noted we have a bill which was what appears to me to be a grab for Ohio pointed out, or last year, in this marked up in our committee, which even more of our money, along comes Congress, we again had a very serious has some reform. I hope we will bring FEMA saying, even though you have markup in our full committee. It was our further bill to the floor with those never had a flood, you live in a flood controversial. One or two items that reforms and let Members work their plain and you need to purchase insur- some of us supported were defeated, will on it and send it to the Senate. ance, even though the Great Lakes are but we worked this out, and we had a But I again want to stress, I agree at historically low levels; even though bill to come to the floor that would with those who say we need more re- my State of Michigan has only had have increased borrowing authority, forms. I congratulate the leadership of claims totaling 27 percent of what we but would also have further reformed the committee who have scaled this have paid into the program; even the program, and this is a case, by the back in terms of how long it will last, though only eight other States re- way, where environmentalism and pro- so that we will not get an extension ceived a lower percentage in their pre- tecting the taxpayers go together. It is that makes it unlikely that we will be miums than Michigan. not in anybody’s interest to have build- able to do some further reform. If a private insurance company tried ings put into places inappropriately. to do this same thing, they would be Unfortunately, the Senate did not b 1115 hauled in front of our State insurance show any interest in doing the same, I do not plan to support a further in- commissioner and have to beg to keep and we have heard some comments crease in funding to keep this program their license. I refuse to support any from some Members of the Senate going until both Houses have dealt se- more legislation that enables this type about reform, but their preference for riously with the need for reform. of irresponsible management that reform seems very abstract. It does not Mr. Speaker, I reserve the balance of seems to be the norm in the FEMA often make its way into legislation. my time. flood insurance program. In fact, one of The Senate sent us a bill, which, as I Mr. NEY. Mr. Speaker, I yield 4 min- my constituents who is a township su- understand it, they intended to keep utes to the gentlewoman from Michi- pervisor in a township called Clay going until July. Frankly, that trou- gan (Mrs. MILLER). Township, this is a community on St. bled me, because if we were to extend Mrs. MILLER of Michigan. I appre- Clair River going in to Lake Huron; this program until July, given this ciate the gentleman yielding. this is a community that is going to be being the even year of the session, with Mr. Speaker, today this Congress is hit very hard by this remap, I asked all that implies, the likelihood of our being asked to raise the amount of him, what do you think about FEMA getting to the reforms would have di- money that the FEMA flood insurance remapping our area? He said, why minished. What I like about this bill, program is allowed to borrow from would FEMA want to come here and and I hope it is a reassurance to some $18.5 billion to $21.2 billion. raise the elevations when our water of those who want reforms, our under- Now, obviously, we all understand levels are at low levels? Well, they are standing is you can’t be precise if you that the disaster of Katrina was un- broke, are they not? don’t know exactly how the spendout is precedented in the history of our Na- I know this: my district is along the going to be, but this should run out in tion. And our Nation responded by ap- shore of Lake St. Clair, the St. Clair May. That means that we have got to propriating unprecedented funds to River and Lake Huron. We also have pass legislation again on this subject, deal with this catastrophe. But at some many rivers and tributaries, and they as the gentleman from Ohio said. point enough is enough, and today I occasionally flood, but not as often as I want to serve notice now, and I rise to express my concerns about the the amount of these claims paid shows. think I speak for the Members on my fairness of this program. We also look down at the water, not side, and I know this is something that I have a very difficult time allo- up like they do in places like New Orle- both the subcommittee chairman and cating any additional funds to the ans. We do not need any more of my the full committee chairman agree FEMA flood insurance program be- constituents forced into this program, with in desirability, we need to do fur- cause of the way that program is treat- and we do not need others across the ther reforms. We are not talking about ing the people of Michigan. FEMA is State of Michigan forced into it either.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H292 CONGRESSIONAL RECORD — HOUSE February 15, 2006 In Michigan we are struggling eco- Today we are going to vote on in- someone who will fight like the devil nomically. We have been hit by an eco- creasing the borrowing authority. It is one more suboptimal effort. nomic hurricane of higher energy appropriate. I will vote for it. There is Mr. NEY. Mr. Speaker, I yield myself costs, low-cost foreign-manufactured no way that we can have the rate pay- such time as I may consume. goods, and competition from lower- ers absorb these catastrophic events. Mr. Speaker, I do not have any addi- wage States, many of which are recipi- But I am extremely disappointed that tional speakers. I want to thank the ents of the subsidy that the people of somehow the bill we have before us gentleman from Oregon, and I also Michigan provide to the FEMA flood does not have the measures to include want to point out just a few things. program. We have the highest unem- more people to participate in the pro- We had the Bunning-Bereuter- ployment in the entire Nation, and our gram, spread the financial risk, make Blumenauer provisions in our bill to citizens can absolutely not afford to people safer, and make participation have FEMA enforce the 2004 that the continue to pay higher costs for insur- mandatory. gentleman from Oregon had mentioned ance that they do not even use. Yet In the hearings that took place in the was in there, also increased insurance once again we are being asked to sub- other body this month, there was near coverage. We had raising the penalties sidize the insurance payouts to people unanimous support from groups as on lenders who do not enforce the regs. in other States. wide ranging as the National Tax- So there were a lot of the reforms that Before we allow this to happen, payers Union, the Association of Flood- we had in there. FEMA must show the methodology be- plain Managers, the National Wildlife I am going to tell you today, we have a commitment, of course, and I know hind this program and show how it Federation, the Consumer Federation, the gentleman from Oregon under- makes sense. I think this is an issue of on and on. They know that we want to stands that and we all do here today, basic fairness; and until that time, I reduce or eliminate subsidies for people we have a commitment to these people will not support any expansion of the living in the most hazardous areas and that paid in and we need to pay back to program; and I urge my colleagues to for second homes. these people because they paid their do the same. We need to expand the mandatory money; but we need to have the re- Mr. FRANK of Massachusetts. Mr. purchase requirements for people who forms. Speaker, I yield 5 minutes to the gen- live behind levees and experience resid- The other thing is if anybody stands tleman from Oregon (Mr. BLUMEN- ual risk. We need to fully support here today and says this is going to AUER), who has been one of the two FEMA’s efforts to update flood plain last us, we will be okay until August, I leading Members of Congress in recent maps and include areas beyond the want to tell you we will not be okay years to try to improve this program. hundred-year flood plain. until August. This will not take us Mr. BLUMENAUER. Mr. Speaker, I We finally have implemented the re- through to August. I predict to you appreciate the gentleman’s courtesy in forms made in the Flood Insurance Act today FEMA can say what it wants, it permitting me to speak on this meas- of 2004. I appreciate the hard work that can communicate what it wants. This ure and I appreciate the leadership the Financial Services Committee did will not last maybe 2 months or more. that has been exhibited by Mr. FRANK in putting the spotlight on FEMA and I predict we will be back. We have to do of Massachusetts, Mr. OXLEY, and Mr. working with our friends in other com- the reforms. I personally commit to NEY. The Committee on Financial mittees. But we need now for FEMA to work with you on it. Services is trying to get this right. It promulgate the regulations to imple- Mr. FRANK of Massachusetts. Mr. provides a back drop as the story of ment it, otherwise the reform is mean- Speaker, will the gentleman yield? Katrina continues to unfold. ingless. Mr. NEY. I yield to the gentleman Our Republican colleagues are going We cannot overstate the importance from Massachusetts. to put together a critique that is some- of mitigation. FEMA and the Multi- Mr. FRANK of Massachusetts. Mr. what hard hitting. But the real failure hazard Mitigation Council just released Speaker, I understand there probably is not just limited to the administra- a report on the benefits of mitigation, has been some confusion about how tion’s response and problems with which found that for every dollar long things are going to go. I will say FEMA. The real failure is a much spent, our government saves an aver- I am now convinced that the problem is greater policy failure. age of $4. The insane system we have FEMA has no idea of what the spend- Over a long period of time, a variety here now, however, is that mitigation out rate is, and this is a further indica- of circumstances have put people at costs Mr. OBEY and costs Mr. LEWIS of tion. risk. The tragedy is that we are not California hard dollars. If it is in a sup- While we are on the subject, since we better equipped today. There will be plemental, billions of dollars come in are talking about FEMA, I do have to another catastrophic natural disaster and they are off budget and that is say it is not on a related subject, it is before we have actually finished the easier. We have got to change that as not related, but the decision by FEMA job with Katrina. God forbid that there well. to evict people who have lost their be a terrorist act on top of it. We do ourselves no favors by low- homes, who are living in hotels because Now, this bill provides an oppor- ering our sights, tempering our expec- some of them did not fill out the right tunity for a simple mid-course correc- tations, and failing to do what we forms, is the single cruelest most tion that would be a longer-term re- know how to do in the best interests of senseless public policy I have seen. It form of the flood insurance program. the taxpayer and the people who are in serves no purpose. It is an infliction of As Mr. FRANK of Massachusetts men- harm’s way. Delay will simply mean further misery on people who have al- tioned, I have been working on this for more lives lost, more property damage. ready been beset. And it is an example the last 6 years officially with some It will cost the taxpayer more money, of incompetence and callousness limited success. I understand some of not under the limits that the Appro- compounding each other. the difficulties and the reluctance, I priations Committee operates under; Let me get back to this. Here I sym- am pleased that we are making some but it will be taxpayer money nonethe- pathize with my friends on the major- progress, but it is long past time to be less. ity who have the responsibility of try- timid. We know what to do. We face a We continue the cycle of responding ing to make sense out of what they are disaster zone from the California coast after the fact to disasters instead of hearing. We do not want to cut off the to the tip of Florida. Drought, flames, doing everything beforehand to fulfill people who need help. I appreciate storms, a whole mixture of issues are our obligations and to act in the best what the gentleman said. Let me say what we are going to be facing. We interests of our constituents every- we have put a bill out. I hope we will should be having something on the where. see that bill on the floor soon, that we floor soon like the bill offered by our I echo the words of Mr. FRANK of will get to vote on it, that we will send colleague from Louisiana, Mr. BAKER. Massachusetts: I hope this is the last it to the Senate. And until and unless And for heaven’s sake, we need to be time we have legislation of this nature we get Senate consideration on the trying to look in a comprehensive form before us. I appreciate the subcommit- kinds of things we are talking about, I to be sure that we do not end up mak- tee’s hard work, and I for one will sup- will vote for this one, but for no fur- ing the same sort of mistakes. port it today; but I add my voice as ther ones.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H293 Mr. NEY. Reclaiming my time, I pre- Lacking this ability to repay within a rea- Hurricane Katrina opened everyone’s eyes dict we will be back here within 60 sonable period, we view deficit-financed to the importance of flood insurance. Flooding days, 60 or 90 days, I will bet that we spending from any additional FEMA bor- is not a problem that just comes around when rowing above its current $18.5 billion level to will be back here, so we will have to be essentially identical to those of a conven- a hurricane hits, neither is it going to dis- work towards the reforms. Also, our tional federal spending program. Therefore, appear after the damage inflicted on the gulf subcommittee was the first committee spending flowing from additional federal bor- coast is repaired. of the House to go down to New Orleans rowing authority should be fully paid for by Most are unaware that the United States and to Gulfport, Mississippi. We went spending reductions elsewhere in the federal suffers $2 billion of damage annually. In fact, down with our ranking member, the budget. in my home district of Houston, from 1978 to In addition, any long-term extension must gentlewoman from California (Ms. WA- include comprehensive structural reforms to 1995, almost $300 million in flood insurance TERS). Some Democrats and Repub- the program. The hurricanes of 2004 and 2005 claims were made. If those facts are not star- licans on the staff went down there and have made it clear that legislative action is tling enough, consider that the NFIP, the arm they did a fine job. They saw what we urgently needed to make the NFIP actuari- of FEMA that makes coverage available to saw. This is going to be a long, long ally sound and able to build sufficient cash communities in need, is now bankrupt. process. reserves to cover higher than expected Even more alarming is the fact that current I will tell you we will be back here losses. For instance, comprehensive reform would better align premium rates with the evidence indicates that the insurance industry within 90 days again because they can policyholder’s associated risk while reducing has acted irresponsibly, without compassion, say it will last, but it will not last. direct subsidies of over $1.3 billion annually, and only in the interest of profits. In 2004, the Mr. FRANK of Massachusetts. I starting with the elimination of all subsidies insurance industry had a record year netting think, given the calendar, we should do for vacation homes, and address the repet- $800 billion in policy holder premiums. The in- it as quickly as possible. itive loss problem, where subsidies flow to surance industry must realize that they have a Mr. HENSARLING. Mr. Speaker, I would homes to be rebuilt over and over after mul- responsibility to the public, as well as to gen- like to insert the following letter into the tiple flood losses, while ensuring proper flood mitigation measures and mapping are in erate profits for their companies, and that they RECORD of the debate on S. 2275, National place, enforced and used to reduce losses must find a way for the two to coexist. A stag- Flood Insurance Program Enhanced Bor- from future floods. We believe these and gering 40 percent of property owners along rowing Authority. other reforms are critical to reducing the the gulf coast do not have flood insurance WASHINGTON, DC, taxpayers’ risk exposure while strengthening coverage. As we have now been reminded in February 14, 2006. and improving the flood insurance program. the wake of Katrina, the absence of coverage This week, Congress is scheduled to extend Hon. DENNIS HASTERT, creates a difficult situation. Speaker of the House, The Capitol, Washington, FEMA’s borrowing authority through April. While this spending should be offset, we ap- The NFIP was created to serve as a safety DC. net to those unable to purchase flood insur- Hon. JOHN BOEHNER, preciate your work with House conservatives Majority Leader, The Capitol, Washington, DC. to ensure this a short-term extension that ance from private companies, and their serv- DEAR SPEAKER HASTERT AND MAJORITY will allow substantial time for a vigorous ices are once again in need. The act before LEADER BOEHNER: As you know, the Presi- and comprehensive reform of the flood insur- us today is an important step in the right direc- dent’s Fiscal Year 2007 budget requests a $5.6 ance program over the coming months. If tion, but a dramatic change in national policy billion increase in FEMA’s borrowing au- this imperative reform effort falters, we will oppose any future increases to FEMA’s bor- is the only way we can ensure that the nec- thority because its flood insurance program, essary change will take place. I ask my col- the National Flood Insurance Program rowing authority that are not fully offset. We look forward to working with you and leagues to rise in support of S. 2275. (NFIP), is unable to cover current claims committee leadership to ensure that this Mr. FRANK of Massachusetts. Mr. against it from the unprecedented losses re- component of federal assistance is both sulting from Hurricane Katrina. Speaker, I yield back the balance of timely and fiscally responsible, and that any Since 1968, the NFIP has offered property my time. package of reforms continues to meet core owners in coastal and river areas federally Mr. NEY. Mr. Speaker, I yield back federal responsibilities. subsidized flood insurance. It currently in- Sincerely, the balance of my time. sures approximately 4.7 million homeowners, MIKE PENCE, The SPEAKER pro tempore (Mr. renters and other policyholders, who pay Member of Congress. GILLMOR). The question is on the mo- premiums for coverage. Total insured assets JEB HENSARLING, tion offered by the gentleman from are above $800 billion with some 20,100 com- Member of Congress. munities participating. In heavy loss years, Ohio (Mr. NEY) that the House suspend when losses exceed its premiums, FEMA is Ms. JACKSON-LEE of Texas. Mr. Speaker, the rules and pass the Senate bill, S. authorized to borrow from the U.S. Treasury I rise in support of S. 2275, to temporarily in- 2275, as amended. up to $1.5 billion. This borrowing has histori- crease the borrowing authority of Federal The question was taken; and (two- cally been repaid with interest within very Emergency Management Agency, FEMA, for thirds having voted in favor thereof) short time periods from NFIP premiums and carrying out the National Flood Insurance Pro- the rules were suspended and the Sen- fees. gram NFIP. ate bill, as amended, was passed. However, the catastrophic damage and The National Flood Insurance Program was A motion to reconsider was laid on losses resulting from the 2005 Gulf Coast hur- developed in 1968 in response to private in- ricanes is far exceeding the available re- the table. sources in the National Flood Insurance surers’ unwillingness to issue flood insurance f Fund. Consequently, Congress last year to homeowners residing in areas prone to eventually raised FEMA’s borrowing author- flooding. The program makes available feder- b 1130 ity to $18.5 billion. But despite this, flood ally subsidized insurance policies for purchase GENERAL LEAVE damage claims from the 2005 hurricanes are to communities willing to comply with NFIP now estimated to be in excess of $20 billion standards. Those standards include the adop- Mr. NEY. Mr. Speaker, I ask unani- and growing, surpassing all combined pay- tion of floodplain mapping and building regula- mous consent that all Members may ments in the program’s history. This will tions. Currently, over 20,000 communities, have 5 legislative days within which to again necessitate Congress raising the limit supporting 4.7 million people, participate in the revise and extend their remarks on this on FEMA’s borrowing authority to pay these program. Statistics show that compliance with legislation and to insert extraneous claims. And, if additional flooding occurs in material thereon. 2006, these costs will only grow higher. NFIP guidelines works—Communities in com- Unfortunately, this new borrowing will pliance, suffer 80 percent less property dam- The SPEAKER pro tempore (Mr. likely never be repaid by the beneficiaries. age than that those not in compliance. GILLMOR). Is there objection to the re- According to CBO, it ‘‘is highly unlikely The act before us today will increase quest of the gentleman from Ohio? that the program will be able to repay that FEMA’s borrowing authority for administration There was no objection. amount of borrowing out of its income from of the program from $18.5 billion to $21.2 bil- f premiums and fees.’’ It is estimated that the lion. Two point seven billion dollars may seem interest expenses alone from these loans like a lot, but it is a necessary step towards SMALL BUSINESS ADMINISTRA- would consume a large portion of the pro- TION’S DISASTER LOANS PRO- gram’s annual revenues for the foreseeable prevention, and prevention should be our ulti- mate goal. It is important remember that the GRAM SUPPLEMENTAL APPRO- future. It would take decades to repay these PRIATIONS, 2006 costs, assuming no other flooding—undoubt- $2.7 billion is not a handout—it must be repaid edly, these payouts will be forgiven at some by profits made from premiums and interest Mr. LEWIS of California. Mr. Speak- point. accrued from the loan. er, I move to suspend the rules and

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H294 CONGRESSIONAL RECORD — HOUSE February 15, 2006 pass the bill (H.R. 4745) making supple- in this bill. However, the committee gress is not taking action to address mental appropriations for fiscal year has used the best available estimates another problem which is an emer- 2006 for the Small Business Adminis- to determine the short-term funding gency, namely, the energy crisis in this tration’s disaster loans program, and requirements and will continue to re- country. Despite some relief being for other purposes. view the matter as it considers the caused by warmer than usual tempera- The Clerk read as follows: next supplemental request submitted tures, the latest figures issued on Feb- H.R. 4745 by the administration. ruary 7 by the Department of Energy Be it enacted by the Senate and House of Rep- This funding is needed immediately confirm that the cost of heating one’s resentatives of the United States of America in as a stopgap measure so that lending to home has still risen dramatically this Congress assembled, That the following sums affected homeowners and businesses winter. Comparing this winter to last, are appropriated, out of any money in the can continue uninterrupted. average prices for natural gas are up by Treasury not otherwise appropriated, for fis- Mr. Speaker, I reserve the balance of 31 percent, average prices for home cal year 2006: my time. heating oil are up 25 percent, and aver- SMALL BUSINESS ADMINISTRATION Mr. OBEY. Mr. Speaker, I yield my- age prices for propane are up 18 percent DISASTER LOANS PROGRAM ACCOUNT self 7 minutes. just over that year. Mr. Speaker, as the gentleman from (INCLUDING TRANSFER OF FUNDS) In spite of those price increases, this California has indicated, the majority year’s appropriation for the Low In- For an additional amount for ‘‘Disaster is bringing to the floor a bill that Loans Program Account’’ for the cost of di- come Heating Assistance Program is transfers $712 million from FEMA to rect loans authorized by section 7(b) of the actually $21 million less than last year. SBA for Katrina-related costs. We are Small Business Act, $712,000,000, to remain A shortfall in LIHEAP is even more se- told that SBA projects they will run available until expended: Provided, That such rious than these price figures would out of money by February 21 without costs, including the cost of modifying such suggest, Mr. Speaker, because, first, loans, shall be as defined in section 502 of the the action contained in this bill. That this winter’s increase comes on top of Congressional Budget Act of 1974: Provided is despite the fact that the Congress price increases over the past several further, That the amount provided under this has just passed a supplemental appro- years that far outpace the appropria- heading is hereby derived by transfer from priation for Katrina that was signed tions this Congress has provided for the amount provided for ‘‘Disaster Relief’’ in into law on December 30 of 2005. Public Law 109–62: Provided further, That the At that time, Congress actually pro- LIHEAP. amount provided under this heading is des- vided SBA emergency supplemental Since the winter of 2001–2002, the av- ignated as an emergency requirement pursu- erage price of home heating oil has ant to section 402 of H. Con. Res. 95 (109th funding totaling $441 million. SBA stated that the reason their projections more than doubled, the average price of Congress), the concurrent resolution on the natural gas has gone up 95 percent, and budget for fiscal year 2006. were inadequate was because the size of propane is up 68 percent, yet funding The SPEAKER pro tempore. Pursu- the loans were much larger than pre- vious disasters, from approximately for LIHEAP has increased only 20 per- ant to the rule, the gentleman from cent over that period. California (Mr. LEWIS) and the gen- $30,000 to $60,000 per loan. Even though Katrina and other hurri- So high energy prices were causing a tleman from Wisconsin (Mr. OBEY) each serious problem even before the gulf will control 20 minutes. canes hit in late August, because the SBA was so slow in approving loans, hurricane disrupted oil and gas produc- The Chair recognizes the gentleman tion, and that drove prices still higher. from California. they had no idea of the size. Once the SBA began to approve loans at a The hurricanes simply made an exist- Mr. LEWIS of California. Mr. Speak- quicker pace, they apparently discov- ing problem worse. er, I yield myself such time as I may ered that they would probably be short I would also point out that these big consume. of funds, but even that, Mr. Speaker, is increases in heating bills mean big in- Mr. Speaker, this supplemental ap- not the whole story. creases in the number of people who propriations bill, H.R. 4745, provides SBA believes they will need an addi- need our assistance, as well as in- critical funding to assist victims of tional $400 to $600 million on top of creases in the amount of aid that they Hurricanes Katrina, Rita and Wilma by what is being provided here to provide need. The LIHEAP program has been making $712 million in loan subsidy funding for all the hurricane victims of serving only about 16 percent of those funds available for the Small Business Katrina, Rita and Wilma. The dif- who are eligible based on Federal in- Administration’s disaster loans pro- ference is expected to be presented dur- come standards, and I think we ought gram. ing the larger Iraq-Katrina supple- to be able to do better than that. The funding provided in this bill mental, which is supposed to be coming I would say that with the number of translates into $4.8 billion in loans that any day. recipients rising faster than the appro- will now be available to victims of the The fact that the administration had priation, the average grant has been gulf coast hurricanes. no idea that one of the key agencies on going down. At the very same time, To date, the Small Business Adminis- the ground in Louisiana was almost prices are going up. The energy assist- tration has approved more than 60,000 out of money seems to me to be just ance directors estimate nationwide business and home loan applications, another example of the wholly inad- that the average LIHEAP grant shrunk awarding $4.3 billion in loans. Loans equate response which the Nation has by about 10 percent over the last 4 continue to be approved at a record seen in the aftermath of these hurri- years. pace, yet 160,000 applications remain in canes. The administration’s initial re- So it seems to me, Mr. Speaker, the the pipeline, and the application period sponse was disorganized and indecisive. need for supplemental funding for remains open for 3 more weeks. The people who knew what they were LIHEAP is apparent. I wish that we Without this critical infusion of doing, the experienced career employ- could provide it. I wish it were before funds, the Small Business Administra- ees of FEMA and other first respond- the House today in a vehicle which tion is in danger of depleting its loan ers, were apparently ignored by incom- would allow an honest discussion of funds prior to the Congress considering petent and unqualified political cronies what funding level is needed, in a vehi- the administration’s next supplemental who should never have been in the posi- cle that would allow the House to work request for hurricane-related costs. tions of leadership that they had. its will, offer whatever amendments This bill simply provides a temporary I would have thought that 9/11 would Members think are appropriate so we fix by shifting funds previously appro- have been a wake-up call. I would have can approve at a funding level com- priated for the Federal Emergency thought that Katrina would be a wake- mensurate with national need. Management Agency and redesignating up call. I think that every Member of It would seem to me that at the very them for the Small Business Adminis- this House has the right to be tired of least we should be providing emergency tration’s disaster loan program. being disappointed by the folks who funding to bring the LIHEAP program I also note that the SBA adminis- cannot shoot straight when it comes to up to the authorized level of $5.1 bil- trator has informed the Appropriations providing the needed relief. lion. This is an emergency now, not in Committee that the need could be Let me also, Mr. Speaker, express my April or May, and I wish that this Con- much higher than the amount provided concern about the fact that this Con- gress saw fit to deal with this problem.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H295 We obviously have enough time ington Post on the same day my pastor sedated, but I think he knew it was the today. I am told that when this debate preached a sermon based on Ephesians 4:29–32 speaker because he said, ‘I appreciate your is over we are going to be rolling these about being kind to one another. coming down, Tip.’ He held his hand, sat There will always be real differences in our votes or delaying them until about 4:30 there by the bed, and held his hand for a long views on issues, but there should not be an [time].’’ or 5 o’clock. That would have been absence of kindness and civility in our deal- When I reached Friedersdorf last week at plenty of time to have a spirited, full ings with one another. his retirement home in Florida, I asked him debate on the issue, give Members the It would be a good idea for the Congress how it happened that Reagan’s first guest opportunity to offer whatever amend- and the country to adopt the Ronald Reagan/ was the leading Democrat on Capitol Hill. ments they needed in order to fulfill ‘‘Tip’’ O’Neill model. ‘‘Well,’’ he said, ‘‘Tip was third in line of suc- our responsibilities to attack national Sincerely, cession [after the vice president] and the fact FRANK R. WOLF, problems. We are not doing that today he was a Democrat didn’t bother anybody. Member of Congress. We didn’t even think about it. Tip had been with respect to that problem. We are [From the Washington Post, Jan. 1, 2006] meeting a temporary need in SBA, and calling constantly to see how the president WHEN PARTISAN VENOM DIDN’T RULE was doing. And there was a bond there. I am sure Members will want to vote (By David S. Broder) ‘‘I remember,’’ Friedersdorf continued, for that, but we ought to be doing a lot The stench of partisanship is so strong in ‘‘the first dinner the Reagans had in the pri- more. Washington these days that it is difficult to vate residence was for Tip and his wife, and Mr. Speaker, I reserve the balance of remember that it was not always the case my wife and I were there. Tip and the presi- my time. that Republicans and Democrats were at dent had a drink or two and started swapping Mr. LEWIS of California. Mr. Speak- each other’s throats. But, in truth, there was Irish stories. er, I yield 2 minutes to the gentleman a time when friendship and simple human ‘‘Often, after that, Tip would say pretty from Virginia (Mr. WOLF), my col- compassion were far more powerful than any harsh things about some of our legislative league, who is the chairman of our political differences. proposals, and the staff would want Reagan A wonderful reminder of that fact can be Subcommittee on Science, State, Jus- to answer him. But they trusted each other, found among the oral histories compiled by and the president would say, ‘That’s just tice and Commerce. two dozen of Ronald Reagan’s main associ- Tip,’ and let it go.’’ Mr. WOLF. Mr. Speaker, I thank the ates that are being released Sunday by the I asked Friedersdorf if he could imagine chairman for the time and rise in sup- Miller Center of Public Affairs at the Univer- that sort of relationship flourishing now be- port of the bill and would say that the sity of Virginia. The transcripts are avail- tween the Republican president and the top subcommittee will be holding hearings able at www.millercenter.org. Democrats in Congress. One of the tapes was furnished by Max to get to the bottom of this. ‘‘Absolutely not,’’ he said. Sadly, I think Friedersdorf, who ran the White House con- he is right. The funding provided in the bill gressional liaison staff for Reagan. translates into $4.8 billion in loans that Friedersdorf recounts in the interview what Mr. MANZULLO. Mr. Speaker, I commend will now be available to victims of the happened while the president was recovering the Chairman of the Appropriations Com- gulf coast hurricanes. The bill simply at George Washington University Hospital mittee, Mr. LEWIS, and the Chairman of the provides a temporary fix by shifting after the assassination attempt outside the Science, Departments of State, Justice, and Washington Hilton hotel on March 30, 1981. funds previously appropriated to the Commerce Subcommittee, Mr. WOLF, for the Federal Emergency Management Agen- Reagan was seriously wounded by John Hinckley, and the day after the shooting, expeditious consideration of this legislation. cy and redesignating them for the Friedersdorf got a call in the White House Without passage of this legislation today, the Small Business Administration dis- from James Baker, Reagan’s chief of staff, disaster loan program of the Small Business aster loan program. who was at the hospital. ‘‘Get over here,’’ Administration would not be able to offer crit- The funding is needed immediately Baker commanded. ical disaster loan assistance to anyone across as a stopgap measure so that lending to ‘‘I went over to GW Hospital and went up the nation after February 21. This legislation is to the president’s room,’’ Friedersdorf said, affected homeowners and businesses also budget neutral—it simply redirects $712 can continue uninterrupted. ‘‘and Jim was outside the room with Mrs. Reagan and her Secret Service agent. Baker million previously appropriated to the Federal As a personal comment, when we lis- said, ‘‘I want you to stay here until I tell you Emergency Management Agency to the SBA’s ten to the different debates and com- to leave.’’ disaster loan account. This bill does not create ments and all the shows and all the at- What had happened, Friedersdorf learned, any new spending. However, HR 4745 will en- tacking, the things going on in this was that Nancy Reagan ‘‘was all upset,’’ be- able the SBA to support about $4.8 billion in city, I think it is really time for both cause Sen. Strom Thurmond had come over disaster loans to homeowners, renters, and parties to come together and to at- to the hospital a few hours earlier and some- how had talked his way through the lobby, businesses through May 1 when the next tempt to deal with some of these issues Katrina-related supplemental is expected to be that we have in this country in a less up the elevator and into Reagan’s room, where he attempted to chat with the gravely completed. partisan way. There was a very good wounded president. This legislation is needed because SBA is, article that David Broder did in the ‘‘Mrs. Reagan was outraged, distraught,’’ in a sense, a victim of its own success. De- Washington Post about a week-and-a- Friedersdorf said. So Baker directed him to spite all of the huge hurdles and unfair attacks half ago when he talked about when take up the watch, and ‘‘if any congressman or senator comes around here, make sure the the SBA has received in recent weeks, the President Ronald Reagan was shot out- SBA has approved over $4.3 billion in disaster side the Hilton, Tip O’Neill went to his Secret Service doesn’t let anybody up, even on this floor.’’ loans to more than 60,000 residents and busi- bedside at the George Washington Uni- Friedersdorf said he remained on duty dur- ness owners in the Gulf States region in five versity Hospital and held his hand and ing daylight hours for the next three or four and a half months—despite not being able to prayed with him. There were dif- days, and then word came from Baker that get into the region until after the first month ferences in the country those days, but the president had recovered enough to start after Hurricane Katrina hit the Gulf coast. In there was just a different tone. to see people. The first person to be admitted, comparison, it took the SBA more than 12 So I would hope that we could return months to approve a similar amount of dis- to the days of Ronald Reagan and Tip Friedersdorf said, was Thomas P. ‘‘Tip’’ O’Neill, the speaker of the House. aster loans to the victims of the Northridge O’Neill whereby the differences were When the Massachusetts Democrat arrived, Earthquake in California in 1994. less sharp and more civil to do which, Nancy Reagan slipped out of the room and The SBA disaster loan program offers low- quite frankly, with the problems that Friedersdorf retreated to a corner of the interest loans up to $200,000 for homeowners this country has both domestically and suite where he could remain unobtrusive. and $1.5 million for small business owners in internationally, come together to do ‘‘Tip got down on his knees next to the bed, a disaster area for those items not covered by the best thing for the country. and said a prayer for the president, and he insurance for the purpose of long-term recov- With that, I appreciate the gen- held his hand and kissed him and they said a prayer together . . . the 23rd Psalm. ery. Most of the victims of Hurricanes Katrina tleman bringing up this bill. ‘‘The speaker stayed there quite a while. and Rita did not have flood insurance because CONGRESS OF THE UNITED STATES, They never talked too much. I just heard they weren’t in a designated flood plain. Thus, HOUSE OF REPRESENTATIVES, him say the prayer, then I heard him say, the average size of a typical SBA disaster January 30, 2006. ‘God bless you, Mr. President, we’re all pray- DEAR COLLEAGUE: You may have missed ing for you.’ loan has doubled for this event. the David Broder column below that ap- ‘‘The Speaker was crying. The president Combine this with the fact that this is the peared in the Sunday, January 29, Wash- still, I think was a little, he was obviously largest unprecedented natural disaster ever to

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H296 CONGRESSIONAL RECORD — HOUSE February 15, 2006 hit the United States, I trust that my col- must underline that these are poor families Mr. LARSON of Connecticut. Mr. Speaker, I leagues can see why it is very difficult to accu- that are struggling to make ends-meat. Con- rise today concerned that H.R. 4745, legisla- rately predict exactly how much should be ap- gress has cut home energy assistance by $21 tion making a supplemental appropriation for propriated for the SBA disaster loan program million, while the number of people applying the Small Business Administration disaster for an entire year. for help with their heating bills has reached a loan program, is another example of the con- I commend the hard work of the SBA and 12-year high. Families are essentially paying tinued mismanagement of the Gulf Coast re- their disaster loan officers, led by Adminis- 17 percent more this year for home heating covery effort. trator Hector Barreto and Associate Adminis- and 67 percent more since this Administration This $712 million supplemental comes be- trator Herb Mitchell, in providing this record- took office. While millions of Americans are fore us today as we discover that the SBA will amount of assistance to Gulf States victims. I cold at home, oil companies are reporting completely run out of funding for disaster urge my colleagues to support HR 4745 so record profits and Republicans are ensuring loans sometime in the next week. It is clear that these fine public servants can continue that this does not change. that the $441 million previously appropriated their good work not just in the Gulf States re- It is clear that Democrats are moving to the to this program was far from adequate to meet gion but also for other parts of the United beat of a different drum than this Administra- demand for the loans. As a result, the SBA States that may unfortunately be hit by a nat- tion. We are committed to putting an end to has approved only 37 percent of the 280,000 ural disaster in the coming weeks and months. the corruption, mismanagement and poor disaster loan applications the agency has re- Mr. RANGEL. Mr. Speaker, as a result of leadership that has adversely impacted Hurri- ceived and is facing a backlog of over 105,000 this Administration’s failed leadership and mis- cane Katrina survivors. applications. Of the loans approved, only 10 management of resources, H.R. 4745, Hurri- Ms. JACKSON-LEE of Texas. Mr. Speaker, percent have been actually paid to the home- cane Katrina Small Business Loan Supple- I rise in support of H.R. 4745, but not without owners and small businesses that are relying mental is a corrective measure. The supple- reservations. During the last 5 months the on this critical funding to rebuild their liveli- mental funding needed is directly in response Small Business Administration has issued hoods in the wake of this unprecedented nat- to the gross incompetence and poor planning $4.12 billion in disaster assistance loans to ural disaster. by the Bush Administration. This proposed homeowners and businesses in declared dis- How this administration could so grossly un- legislation comes on the heels of Congress aster areas, processing 214,000 applications. derestimate the need for these loans is be- providing more than $400 million for Katrina It has approved approximately $1 billion in yond me. From the very beginning, the re- disaster loans two months ago. This highlights loans to businesses surviving the destructive sponse by our Government to this disaster that the Small Business Administration is un- attacks by hurricanes in 2005. has been wholly inadequate—and this shortfall able to accurately assess the needs on the On the surface it would appear that the SBA is just another sad example of the con- ground and funds that have already been allo- is performing well. However, upon closer in- sequences of the poor planning, lack of lead- cated have been mismanaged. Running out of spection, reports indicate, that in Louisiana, ership and incompetence demonstrated in the disaster loans for Hurricane Katrina victims is the roughly 185,000 applications made on be- wake of Hurricane Katrina. Rebuilding the Gulf an embarrassment to this Administration and a half of homeowners, a shocking 60,000 were Coast is going to take a long term commit- slap in the face to those who survived Hurri- denied. The SBA is distributing a large amount ment of will and resources by the Federal cane Katrina. The facts are clear; the Bush of aid, but that aid is not reaching all of those Government. Yet, time and again, this admin- in serious need. This is evident by the House Administration is failing to help Gulf Coast istration has failed to level with Congress and Minority Small Business Committee’s state- residents rebuild their homes and their lives. the American people on the full costs needed Immediate assistance must be given to the ment that 80% of overall disaster loans have to support the rebuilding effort. region’s local small businesses. Currently, only been denied. The needs of the families, small business I bring these statistics to the forefront of my 37 percent of Hurricane Katrina disaster loan and communities of the Gulf Coast are too im- argument not to completely admonish the applications have been approved from a total portant to be shortchanged by estimation er- agency, but to make the point that if we are of 280,000. Furthermore, less than 10 percent rors or budgetary gimmicks. I hope that any to appropriate more funds, they must be better of those loans approved have been paid out. Katrina legislation this Congress may consider distributed. As it stands now, there is a backlog of in the next few months includes a full account- The administration’s low interest rates on ing of the funding truly needed to meet our 105,664 pending applications. Congress must loans are necessary for the reconstruction of commitment to the Gulf Coast. take action to ensure that this mismanage- the economy in Gulf Coast region, and vital if Mr. OBEY. Mr. Speaker, I was told ment does not continue to compound the dev- any sense of stability is to be achieved. The that I had one other Member who astation of Hurricane Katrina survivors. The denied applicants often have no other sources wanted to speak, but she is detained in Gulf Coast region is depending upon swift de- of loans, unable to secure the necessary cred- another meeting. So I think if the gen- liberate action to revive its economy and put it. tleman is interested in yielding back it on the road to full recovery. However, the The interest rates are of particular impor- the balance of his time, we could do Bush Administration is steeped in incom- tance and have increasingly been coming that on this side as well. petence, mismanagement and cronyism. under attack. The Bush administration has an- Mr. LEWIS of California. Mr. Speak- Nearly 750,000 families remain displaced nounced that as part of its 2007 budget pro- er, I have no additional speakers. I from their homes and are paying the price for posal that it would require recipients of loans might mention that the gentleman and this Administrations lack of strong leadership. to pay higher interest rates after five years. I, our ranking member, have been Additionally, this administration has rejected The SBA may be approving loans at an un- working hard to try to bring ourselves the only bi-partisan plan to rebuild Louisiana. precedented rate, but it is failing to sufficiently together and go down and visit the gulf The recent budget proposal indicates mis- respond to the situation. The destruction coast. I think we are going to be able placed priorities and seeks to slash funding for caused by the hurricanes occurred on an to accomplish that sometime in the small businesses, community development enormous scale, which is why more funds near term. It is on both of our agenda, and rural development. These funds are pre- should be appropriated to the organization but, in the meantime, I have no addi- cisely what the Gulf Coast requires in order to only on the condition that it make better use tional speakers, and I yield back the rebuild. Furthermore, the abuse and the fraud of those funds. The administration is doing a balance of my time. persist in this Administration regarding no-bid disservice to potential recipients of aid by de- Mr. OBEY. Mr. Speaker, I yield back contractual agreements which are not capable nying them the resources that should be made the balance of my time. of rebuilding communities effectively and effi- available to them. The SPEAKER pro tempore. The ciently in the Gulf Coast. In the wake of these wide-scale disasters, question is on the motion offered by The Bush Administration has not met the we should not be cutting funds, but rather fo- the gentleman from California (Mr. needs of Katrina families, small businesses cusing on better and wider-reaching distribu- LEWIS) that the House suspend the and communities. To further compound this tion of those funds and the waiving of restric- rules and pass the bill, H.R. 4745. colossal failure in leadership, the Republicans tive regulations that prevent help going to de- The question was taken. are refusing low-income energy (LIHEAP) as- serving Katrina and Rita survivors to bring re- The SPEAKER pro tempore. In the sistance funds today, even though home heat- lief to those in need. I urge my colleagues to opinion of the Chair, two-thirds of ing costs are up and federal grants are down. support the appropriation of additional funds to those present have voted in the affirm- Additionally, 12 states have already run out of the SBA, but with confidence that in the future ative. energy assistance, and some people may the SBA can make the necessary changes to Mr. OBEY. Mr. Speaker, on that I de- have their heat shut off in the next month. I ensure the widest distribution of loans. mand the yeas and nays.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H297 The yeas and nays were ordered. The first electronic vote will be con- Kanjorski Moore (WI) Schiff Kaptur Moran (KS) Schmidt The SPEAKER pro tempore. Pursu- ducted as a 15-minute vote. The second Keller Moran (VA) Schwartz (PA) ant to clause 8 of rule XX and the will be conducted as a 5-minute vote. Kelly Murphy Schwarz (MI) Chair’s prior announcement, further Kennedy (MN) Murtha Scott (GA) f proceedings on this question will be Kennedy (RI) Musgrave Scott (VA) Kildee Myrick Sensenbrenner postponed. SENSE OF CONGRESS REGARDING Kilpatrick (MI) Nadler Serrano f PALESTINIAN AUTHORITY Kind Napolitano Sessions King (IA) Neal (MA) Shadegg GENERAL LEAVE The SPEAKER pro tempore. The King (NY) Neugebauer Shaw pending business is the question of sus- Kingston Ney Shays Mr. LEWIS of California. Mr. Speak- pending the rules and concurring in the Kirk Northup Sherman Kline Norwood Sherwood er, I ask unanimous consent that all Senate concurrent resolution, S. Con. Members may have 5 legislative days Knollenberg Nunes Shimkus Res. 79. Kolbe Nussle Shuster within which to revise and extend their The Clerk read the title of the Senate Kucinich Oberstar Simmons remarks and include extraneous mate- Kuhl (NY) Obey Simpson concurrent resolution. LaHood Olver Skelton rial on H.R. 4745. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there Langevin Ortiz Slaughter question is on the motion offered by Lantos Otter Smith (NJ) objection to the request of the gen- the gentleman from Illinois (Mr. HYDE) Larsen (WA) Owens Smith (TX) Larson (CT) Oxley Smith (WA) tleman from California? that the House suspend the rules and There was no objection. Latham Pallone Snyder concur in the Senate concurrent reso- LaTourette Pascrell Sodrel f lution, S. Con. Res. 79, on which the Leach Pastor Solis Lee Paul Souder RECESS yeas and nays are ordered. Levin Payne Spratt The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Lewis (CA) Pearce Stark vice, and there were—yeas 418, nays 1, Lewis (GA) Pelosi Stearns ant to clause 12(a) of rule I, the Chair not voting 13, as follows: Lewis (KY) Pence Strickland declares the House in recess subject to Linder Peterson (MN) Stupak the call of the Chair. [Roll No. 10] Lipinski Peterson (PA) Sullivan YEAS—418 LoBiondo Petri Sweeney Accordingly (at 11 o’clock and 44 Lofgren, Zoe Pickering Tancredo minutes a.m.), the House stood in re- Ackerman Chandler Foxx Lowey Platts Tanner cess subject to the call of the Chair. Aderholt Chocola Frank (MA) Lucas Poe Tauscher Akin Clay Franks (AZ) Lungren, Daniel Pombo Taylor (MS) f Alexander Cleaver Frelinghuysen E. Pomeroy Taylor (NC) Allen Clyburn Gallegly Lynch Porter Terry b 1746 Andrews Coble Garrett (NJ) Mack Price (GA) Thomas Baca Cole (OK) Gerlach Maloney Price (NC) Thompson (CA) AFTER RECESS Bachus Conaway Gibbons Manzullo Pryce (OH) Thompson (MS) The recess having expired, the House Baird Conyers Gilchrest Marchant Putnam Thornberry Baker Cooper Gillmor Markey Radanovich Tiahrt was called to order by the Speaker pro Baldwin Costa Gingrey Marshall Rahall Tiberi tempore (Mr. WESTMORELAND) at 5 Barrett (SC) Costello Gohmert Matheson Ramstad Tierney o’clock and 46 minutes p.m. Barrow Cramer Gonzalez Matsui Rangel Towns Bartlett (MD) Crenshaw Goode McCarthy Regula Turner f Barton (TX) Crowley Goodlatte McCaul (TX) Rehberg Udall (CO) Bass Cubin Gordon McCollum (MN) Reichert Udall (NM) MAKING IN ORDER AT ANY TIME Bean Cuellar Granger McCotter Renzi Upton CONSIDERATION OF H. CON. RES. Beauprez Culberson Graves McCrery Reyes Van Hollen 341, RESOLUTION OF CONDEMNA- Becerra Cummings Green (WI) McDermott Reynolds Vela´ zquez Berkley Davis (AL) Green, Al McGovern Rogers (AL) Visclosky TION REGARDING IRAN Berry Davis (CA) Green, Gene McHenry Rogers (KY) Walden (OR) Mr. LINCOLN DIAZ-BALART of Biggert Davis (FL) Grijalva McHugh Rogers (MI) Walsh Bilirakis Davis (IL) Gutierrez McIntyre Rohrabacher Waters Florida. Mr. Speaker, I ask unanimous Bishop (GA) Davis (KY) Gutknecht McKeon Ros-Lehtinen Watson consent that it be in order at any time Bishop (NY) Davis (TN) Hall McKinney Ross Watt to consider in the House the concur- Blackburn Davis, Jo Ann Harman McMorris Rothman Waxman Blunt Davis, Tom Harris rent resolution (H. Con. Res. 341); that McNulty Roybal-Allard Weiner Boehlert Deal (GA) Hart Meehan Royce Weldon (FL) the concurrent resolution be consid- Boehner DeFazio Hastings (FL) Meek (FL) Ruppersberger Weldon (PA) ered as read; and that the previous Bonilla DeGette Hastings (WA) Meeks (NY) Rush Weller question be considered as ordered on Bonner Delahunt Hayes Melancon Ryan (OH) Westmoreland Bono DeLauro Hayworth Mica Ryan (WI) Wexler the concurrent resolution and pre- Boozman DeLay Hefley Michaud Ryun (KS) Whitfield amble to final adoption without inter- Boren Dent Hensarling Millender- Sabo Wicker vening motion or demand for division Boswell Diaz-Balart, L. Herger McDonald Salazar Wilson (NM) Boucher Diaz-Balart, M. Herseth of the question except (1) 1 hour of de- Miller (FL) Sa´ nchez, Linda Wilson (SC) Boustany Dicks Higgins Miller (MI) T. Wolf bate equally divided and controlled by Boyd Dingell Hinojosa Miller (NC) Sanchez, Loretta Wu the chairman and ranking minority Bradley (NH) Doggett Hobson Miller, George Sanders Wynn member of the Committee on Inter- Brady (PA) Doolittle Hoekstra Mollohan Saxton Young (AK) Brady (TX) Doyle Holden Moore (KS) Schakowsky Young (FL) national Relations and (2) one motion Brown (OH) Drake Holt to recommit which may not contain in- Brown (SC) Dreier Honda NAYS—1 structions. Brown, Corrine Duncan Hooley Brown-Waite, Edwards Hostettler Abercrombie The SPEAKER pro tempore. Is there Ginny Ehlers Hoyer objection to the request of the gen- Burgess Emanuel Hulshof NOT VOTING—13 Burton (IN) Emerson Hyde tleman from Florida? Berman Hinchey Wamp Butterfield Engel Inglis (SC) Bishop (UT) Hunter There was no objection. Buyer English (PA) Inslee Wasserman Blumenauer Miller, Gary Calvert Eshoo Israel Schultz f Campbell (CA) Osborne Camp (MI) Etheridge Issa Woolsey Evans Pitts ANNOUNCEMENT BY THE SPEAKER Cannon Everett Istook PRO TEMPORE Cantor Farr Jackson (IL) Capito Fattah Jackson-Lee b 1812 The SPEAKER pro tempore. Pursu- Capps Feeney (TX) ant to clause 8 of rule XX, proceedings Capuano Ferguson Jefferson So (two-thirds of those voting having will resume on motions to suspend the Cardin Filner Jenkins Cardoza Fitzpatrick (PA) Jindal responded in the affirmative) the Sen- rules previously postponed. Votes will Carnahan Flake Johnson (CT) ate concurrent resolution was con- be taken in the following order: Carson Foley Johnson (IL) curred in. Senate Concurrent Resolution 79, by Carter Forbes Johnson, E. B. Case Ford Johnson, Sam the yeas and nays; and H.R. 4745, by the Castle Fortenberry Jones (NC) The result of the vote was announced yeas and nays. Chabot Fossella Jones (OH) as above recorded.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H298 CONGRESSIONAL RECORD — HOUSE February 15, 2006 A motion to reconsider was laid on Holt McNulty Sa´ nchez, Linda So (two-thirds of those voting having Honda Meehan T. the table. Hooley Meek (FL) Sanchez, Loretta responded in the affirmative) the rules Stated for: Hostettler Meeks (NY) Sanders were suspended and the bill was passed. Mr. BERMAN. Mr. Speaker, I was unable to Hoyer Melancon Saxton The result of the vote was announced vote on S. Con. Res. 79 today because I was Hulshof Mica Schakowsky as above recorded. Hyde Michaud Schiff A motion to reconsider was laid on traveling on official business to a Middle East Inglis (SC) Millender- Schmidt regional security conference in Athens, Inslee McDonald Schwartz (PA) the table. Greece, and then on to Egypt and Israel for Israel Miller (FL) Schwarz (MI) f meetings with top government officials. Had I Issa Miller (MI) Scott (GA) Istook Miller (NC) ELECTION OF MEMBERS TO CER- been present, I would have voted ‘‘yea.’’ Scott (VA) Jackson (IL) Miller, George Sensenbrenner TAIN STANDING COMMITTEES OF Jackson-Lee Mollohan f Serrano THE HOUSE (TX) Moore (KS) Sessions Jefferson Moore (WI) Shadegg Mr. CLYBURN. Mr. Speaker, by di- SMALL BUSINESS ADMINISTRA- Jenkins Moran (KS) Shaw Jindal Moran (VA) rection of the Democratic Caucus, I TION’S DISASTER LOANS PRO- Shays Johnson (CT) Murphy offer a privileged resolution (H. Res. GRAM SUPPLEMENTAL APPRO- Sherman Johnson (IL) Musgrave Sherwood 678) and ask for its immediate consider- PRIATIONS, 2006 Johnson, E. B. Myrick Shimkus ation in the House. The SPEAKER pro tempore (Mr. Johnson, Sam Nadler Jones (NC) Napolitano Shuster The Clerk read the resolution, as fol- WESTMORELAND). The pending business Jones (OH) Neal (MA) Simmons lows: is the question of suspending the rules Kanjorski Neugebauer Simpson H. RES. 678 and passing the bill, H.R. 4745. Kaptur Ney Skelton Keller Northup Slaughter Resolved, That the following named Mem- The Clerk read the title of the bill. Kelly Norwood Smith (NJ) bers be and are hereby elected to the fol- The SPEAKER pro tempore. The Kennedy (MN) Nunes Smith (TX) lowing standing committees of the House of question is on the motion offered by Kennedy (RI) Nussle Smith (WA) Representatives: Snyder the gentleman from California (Mr. Kildee Oberstar (1) COMMITTEE ON INTERNATIONAL RELA- Kilpatrick (MI) Obey Sodrel TIONS.—Mr. Carnahan. LEWIS) that the House suspend the Kind Olver Solis rules and pass the bill, H.R. 4745, on King (IA) Ortiz Souder (2) COMMITTEE ON TRANSPORTATION AND IN- which the yeas and nays are ordered. King (NY) Otter Spratt FRASTRUCTURE.—Mr. Barrow. Kingston Owens Stark (3) COMMITTEE ON VETERANS AFFAIRS.—Mr. This will be a 5-minute vote. Kirk Oxley Stearns Salazar. The vote was taken by electronic de- Kline Pallone Strickland The resolution was agreed to. vice, and there were—yeas 410, nays 5, Knollenberg Pascrell Stupak A motion to reconsider was laid on not voting 17, as follows: Kolbe Pastor Sullivan Kucinich Paul Sweeney the table. [Roll No. 11] Kuhl (NY) Payne Tanner f YEAS—410 LaHood Pearce Tauscher Langevin Pelosi Taylor (MS) Abercrombie Capps Engel Al GORE STATEMENTS OUT OF Lantos Pence Taylor (NC) Ackerman Capuano English (PA) LINE Larsen (WA) Peterson (MN) Terry Aderholt Cardin Eshoo Larson (CT) Peterson (PA) Thomas Akin Cardoza Etheridge (Mrs. BLACKBURN asked and was Latham Petri Thompson (CA) Alexander Carnahan Everett LaTourette Pickering given permission to address the House Allen Carson Farr Thompson (MS) for 1 minute and to revise and extend Lee Platts Thornberry Andrews Carter Fattah Levin Poe her remarks.) Baca Case Feeney Tiahrt Lewis (CA) Pombo Tiberi Mrs. BLACKBURN. Mr. Speaker, Bachus Castle Ferguson Lewis (GA) Pomeroy Tierney Baird Chabot Filner Lewis (KY) Porter most of us have been respectful on the Towns Baker Chandler Fitzpatrick (PA) Linder Price (GA) issue of security, even though some of Turner Baldwin Chocola Foley Lipinski Price (NC) Udall (CO) our colleagues on the other side of the Barrett (SC) Clay Forbes LoBiondo Pryce (OH) Udall (NM) Barrow Cleaver Ford Lofgren, Zoe Putnam aisle obstruct for reasons that many Bartlett (MD) Clyburn Fortenberry Lowey Radanovich Upton times we do not discern. But there has Barton (TX) Coble Fossella Lucas Rahall Van Hollen been a trend of late of Democrat lead- Bass Cole (OK) Foxx Vela´ zquez Lungren, Daniel Ramstad ers traveling overseas to deliver Bean Conaway Frank (MA) E. Rangel Visclosky Beauprez Conyers Franks (AZ) Lynch Regula Walden (OR) speeches bashing America. Becerra Cooper Frelinghuysen Mack Rehberg Walsh This past weekend, former Vice Berkley Costa Gallegly Maloney Reichert Waters President Al Gore gave a speech in Berry Costello Garrett (NJ) Watson Manzullo Renzi Saudi Arabia declaring that America Biggert Cramer Gerlach Marchant Reyes Watt Bilirakis Crenshaw Gibbons Markey Reynolds Waxman had committed terrible abuses against Bishop (GA) Crowley Gilchrest Matheson Rogers (AL) Weiner Arabs after September 11. He said that Bishop (NY) Cubin Gillmor Matsui Rogers (KY) Weldon (FL) Arabs had been indiscriminately round- Blackburn Cuellar Gingrey McCarthy Rogers (MI) Weldon (PA) Blunt Culberson Gohmert McCaul (TX) Rohrabacher Weller ed up and held in unforgivable condi- Boehlert Cummings Gonzalez McCollum (MN) Ros-Lehtinen Westmoreland tions. Boehner Davis (AL) Goode McCotter Ross Wexler Mr. Speaker, there are some things Bonilla Davis (CA) Goodlatte McCrery Rothman Whitfield that you simply do not do as a former Bonner Davis (FL) Gordon McDermott Roybal-Allard Wicker Bono Davis (IL) Granger McGovern Ruppersberger Wilson (NM) American leader, and one of them is to Boozman Davis (KY) Graves McHenry Rush Wilson (SC) bash your country on foreign soil. His Boren Davis (TN) Green (WI) McHugh Ryan (OH) Wolf comments are out of line, incorrect, Boswell Davis, Jo Ann Green, Al McIntyre Ryan (WI) Wu Boucher Davis, Tom Green, Gene McKeon Ryun (KS) Wynn and further proof of his disconnect Boustany Deal (GA) Grijalva McKinney Sabo Young (AK) with reality. He owes an apology to the Boyd DeGette Gutierrez McMorris Salazar Young (FL) countless men and women working Bradley (NH) Delahunt Hall Brady (PA) DeLauro Harman NAYS—5 around the clock trying to keep this Brady (TX) DeLay Harris Duncan Gutknecht Tancredo country from experiencing another Brown (OH) Dent Hart Flake Royce September 11. Our colleagues across Brown (SC) Diaz-Balart, L. Hastings (FL) Brown, Corrine Diaz-Balart, M. Hastings (WA) NOT VOTING—17 the aisle ought to take him to task for Brown-Waite, Dicks Hayes Berman Hinchey Osborne his irresponsibility. Ginny Dingell Hayworth Bishop (UT) Hunter Pitts f Burgess Doggett Hefley Blumenauer Leach Wamp Burton (IN) Doolittle Hensarling Campbell (CA) Marshall Wasserman VICE PRESIDENT MUST ALSO Butterfield Doyle Herger DeFazio Miller, Gary Schultz FOLLOW LAWS Buyer Drake Herseth Evans Murtha Woolsey Calvert Dreier Higgins (Ms. JACKSON-LEE of Texas asked Camp (MI) Edwards Hinojosa b 1821 and was given permission to address Cannon Ehlers Hobson Cantor Emanuel Hoekstra Mr. ROYCE changed his vote from the House for 1 minute and to revise Capito Emerson Holden ‘‘yea’’ to ‘‘nay.’’ and extend her remarks.)

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H299 Ms. JACKSON-LEE of Texas. Mr. I urge Customs and Border Protec- b 1830 Speaker, I am delighted to follow my tion to at least warn customers when HEALTH CARE colleague from Tennessee to talk about agents intercept these packages. A the bad behavior of vice presidents. simple letter would save a lot of grief (Mr. KUCINICH asked and was given Let me first of all say that when you for many, many seniors who use this permission to address the House for 1 are a civilian, you are a civilian. But I procedure and not just seniors but minute.) Mr. KUCINICH. Mr. Speaker, we are rise today to express my deepest dis- other Americans who choose to pur- always glad to have the President of appointment in the behavior of the chase their drugs from a Canadian con- Vice President of the United States of the United States in Ohio, but his nection. health care policies miss an important America. A man was injured on the soil f of Texas; and, lo and behold, it took us fact, and that is that $1 out of every $4 20 hours before the American people SAY NO TO HEALTH SAVINGS for health care in the United States and the President of the United States ACCOUNTS goes to the for-profit sector. $1.6 tril- lion is spent every year on health care could have one iota of information. (Ms. KAPTUR asked and was given in the United States, but over $400 bil- I wish the attorney in Texas best permission to address the House for 1 lion goes for corporate profits, adver- wishes and good health, but I want to minute and to revise and extend her re- say to the Vice President of the United tising, marketing, the cost of paper- marks.) work, up to 30 percent for the cost of States that the inherent powers of the Ms. KAPTUR. Mr. Speaker, when presidency do not inure to you, where paperwork. President Bush served as governor of We have over 46 million Americans you are allowed to travel secretly on Texas, that State had more uninsured who lack health insurance, who lack Air Force II, to not allow the press to people than any other State in the access to quality health care. H.R. 676, follow you as any public servant would union, and his system continues until the Conyers-Kucinich-Kaptur bill, pre- have and to hide and cover up a drastic today: Texas still has more uninsured sents Americans with an alternative, and tragic incident that occurred in people percentage-wise as well as nu- universal, single-payer, not-for-profit the United States of America or any- merically. health care, Medicare for all. where around the world. Today, President Bush visited Ohio There is no reason why anyone in I believe the Vice President should to try to sell his latest health care this country should be lacking health own up to what occurred. I understand scheme. The reality is his health sav- care when America has the resources he made some remarks today, a little ings accounts are simply tax shelters right now. It would not cost much too short and a little too delayed. I be- for the healthy and wealthy, leaving more than what we are paying right lieve we have seen again a cover-up of more Americans worse off. Indeed, the now. As a matter of fact, Americans this administration, and the Vice numbers of the uninsured in Ohio have are paying for a universal standard of President is the chief cover-upper of grown dramatically during his admin- care. They are just not getting it be- the United States of America. istration. More than one out of four cause it is all about corporations mak- Mr. Vice President, you, too, are sub- people under the age of 65 went without ing a profit. It is not about people. ject to the laws of the United States of health insurance, and almost half of Support Medicare for all. America. Ohio’s households with children are un- f f insured, while 76 percent of the unin- CHECKS AND BALANCES ANNOUNCEMENT BY THE SPEAKER sured are members of working families. PRO TEMPORE The President’s travel stop today re- (Mr. BURGESS asked and was given minds me of his Social Security drive permission to address the House for 1 The SPEAKER pro tempore (Mr. minute and to revise and extend his re- WESTMORELAND). The Chair reminds all to privatize that a year ago. The Amer- ican people said no. Our working fami- marks.) Members to direct their comments to Mr. BURGESS. Mr. Speaker, I would lies deserve better and should not buy the Chair. remind the gentleman from Ohio that this latest ploy for health savings ac- f Tulane Medical Center opened today counts either that are going to leave with a lot of fanfare. That is one of REIMPORTED PRESCRIPTION most Americans in the drink. DRUGS BEING DESTROYED those dreadful private, for-profit cor- f porations; and they are the first such (Ms. GINNY BROWN-WAITE of Flor- HONORING SARAH TERRY hospital back in business in New Orle- ida asked and was given permission to ans. Ray Nagin said he wished he could (Mr. GOODE asked and was given address the House for 1 minute and to bottle that and extend it to other com- permission to address the House for 1 revise and extend her remarks.) panies. Ms. GINNY BROWN-WAITE of Flor- minute and to revise and extend his re- Mr. Speaker, I rise tonight to talk ida. Mr. Speaker, I would like to bring marks.) about the domestic surveillance that to everyone’s attention that Customs Mr. GOODE. Mr. Speaker, Sarah was in the news earlier. My colleagues and Border Protection has recently Terry, who is the director of the may not have noticed a rather insight- begun confiscating and destroying pre- Farmville Fifth District Office, has ful op ed piece that appeared in the scription drugs intercepted at the U.S.- battled breast cancer for the last sev- Washington Times on January 6 of this Canadian border. Unfortunately, CBP eral years and has undergone numerous year penned by an Alan Nathan. is offering no recourse to appeal this chemotherapy treatments. Mr. Nathan writes that neither Con- action. She has served as Executive Director gress nor the judiciary can remove this While we all know that reimporting of the Farmville Area Chamber of Com- repeatedly court-recognized inherent prescription drugs from Canada has not merce, a member of the Longwood Uni- authority granted to the President been legal in the United States for dec- versity Board of Visitors, and a leading under the Constitution, just as the ades, this practice is not helping our promoter of outdoor activities such as President cannot remove any of their seniors. However, if Border Patrol is hiking and cycling. She is a leading powers guaranteed in the same great suddenly going to enforce a law that proponent of the Virginia Life Fund for document. many believed that government was no the Uninsured, which has raised funds When called upon, all intelligence or- longer interested in enforcing, then for catastrophic health care for those ganizations in the United States are they certainly should notify shippers who cannot afford insurance. structured to operate in conjunction and purchasers. Instead of simply con- Sarah’s enthusiasm for life, her com- with the military and accordingly be- fiscating and destroying these prescrip- munity and her fellow Americans is come an integral part of the Presi- tion drugs, they should include a warn- contagious; and she is a true inspira- dent’s domain as Commander in Chief. ing in the first instance. The majority tion for many. We are grateful for the Congress voted for this on September of the people purchasing these drugs contributions that she has made; and 14, 2001, in the war resolution invoked are seniors on fixed incomes and likely we look forward to her continued out- under the War Powers Act of 1973 au- do not have the money to repurchase standing service to Farmville, Vir- thorizing the President to use force them once they are destroyed. ginia, and America. against all nations.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H300 CONGRESSIONAL RECORD — HOUSE February 15, 2006 Given that the battleground includes The pharmaceutical industry does The pharmaceutical industry said it this country, where the attacks were really well. The insurance industry would not be fair if the government ne- made, Democrats and Republicans ob- gets subsidies to offer these plans, even gotiated lower drug prices for every- jecting to his actions should be hard though they say that these are going to body on Medicare. It would not be fair pressed to find him derelict in his duty. be great plans. They are getting sub- to do that. Mr. Speaker, we should take the sidies to offer them. Still, seniors Come on, the most profitable indus- words of Mr. Nathan to heart. They aren’t lining up in great numbers for try consistently in the world, and they were germane January 6. They are ger- the plans because they are unbeliev- say that would not be fair; the industry mane now. ably complex plans. that is gouging profits out of Ameri- f Now, there are a number of problems cans, while selling drugs for half or a that have come to our attention re- third the price overseas, and then cry- ELECTION AS CHAIRMAN OF COM- cently. In fact, even the chairman of ing all the way to the bank, when sen- MITTEE ON EDUCATION AND THE Walgreen’s, no lefty Democratic insti- iors here have to pay three and four WORKFORCE tution there, said that the government times as much for those particular Ms. PRYCE of Ohio. Mr. Speaker, by needs to intervene because the multi- drugs. direction of the House Republican Con- plicity of plans is just so unbelievable What would be fair is to have the ference, I offer a privileged resolution that people cannot understand them. government negotiate lower drug (H. Res. 679) and ask for its immediate Even worse than that, these plans are prices for everybody eligible for Medi- consideration in the House. the most restrictive insurance product care. You can walk in. You do not have The Clerk read the resolution, as fol- in history for requiring prior approval to have any insurance; you are going to lows: and testing before drugs are approved. get that big discount. Then the govern- H. RES. 679 When the CEO of Coventry Health ment could offer a simple plan, one Care was contacted regarding the 39 Resolved, That the following Member be, plan, that would give benefits to cover and is hereby, elected to the following stand- different forms with multiple proce- that additional cost, and they could do ing committee of the House of Representa- dures the physicians would have to ac- that on a sliding scale basis. tives: cess in order to give drugs with prior We could save, over the next 5 years, COMMITTEE ON EDUCATION AND THE WORK- approval to seniors, he said that could the taxpayers of the United States $600 FORCE: Mr. McKeon, Chairman. not be true. He checked, he came back, billion and provide a more meaningful The resolution was agreed to. and he said it was true. He said, for in- benefit to all our seniors than this plan A motion to reconsider was laid on stance, there are things like Accutane is doing. But we will not do that here, the table. which could cause birth defects. because the seniors aren’t big cam- I know that we are pushing the f paign contributors like the pharma- boundaries of science, but I don’t think ceutical and insurance industries. SPECIAL ORDERS too many 65-and-over American women Hopefully, there will be a revolt among The SPEAKER pro tempore (Mr. eligible for Medicare have to worry America’s seniors, and they will de- WESTMORELAND). Under the Speaker’s about that. There are some other dis- mand we change this plan, do some- announced policy of January 4, 2005, orders for which Accutane can be a thing meaningful and save the Treas- and under a previous order of the very helpful and legitimate treatment. ury $600 billion. House, the following Members will be What they are doing is, first off, you f recognized for 5 minutes each. have to buy into a plan. They can change the benefits weekly. Even if WESLEY SMITH f you took that plan because it offers the The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a drugs you need on a weekly basis, the previous order of the House, the gen- previous order of the House, the gen- insurance industry can change it. Then tleman from Georgia (Mr. DEAL) is rec- tleman from North Carolina (Mr. even if they keep those drugs available, ognized for 5 minutes. JONES) is recognized for 5 minutes. they are going to require that your Mr. DEAL of Georgia. Mr. Speaker, (Mr. JONES of North Carolina ad- doctor and you jump through incred- many institutions affect the progress dressed the House. His remarks will ap- ible hoops to get prior approval. of communities and States across this pear hereafter in the Extensions of Re- Even seniors in nursing homes who Nation as we continually evolve in our marks.) have been on drugs for 10 and 15 years march of civilization. Usually, those of f with a very well-known and docu- us in government in particular think MEDICARE PART D mented condition, their doctors are about those institutions being govern- being required to order expensive tests mental units, or maybe even churches The SPEAKER pro tempore. Under a to justify continuing prescriptions for or philanthropic foundations. We usu- previous order of the House, the gen- those seniors; and in some cases pre- ally think those are the institutions tleman from Oregon (Mr. DEFAZIO) is scriptions have been interrupted, jeop- that affect this. recognized for 5 minutes. ardizing the patients. Recently I was reminded of a rather Mr. DEFAZIO. Medicare part D. Now, This is a plan that wasn’t set up to be profound affect that the banking insti- with great fanfare in the dark of the convenient or easy for seniors to use to tutions of this country have on our his- night, this Congress passed this plan, a provide a meaningful benefit. It was set tory, and especially history of my con- plan written by and for the pharma- up first to benefit the pharmaceutical gressional district and my State. Yes- ceutical industry. The pharmaceutical industry, then the insurance industry. terday, my good friend Wesley Smith industry is the number one beneficiary. The plausible excuse for that is to pro- celebrated 35 years of service as presi- According to some academics, it should vide some coverage for seniors, cov- dent of Northwest Georgia Bank. Now, raise their profits by 28 percent over erage which, by the way, is going to most of you do not know where that is. the next 5 years, not bad for the phar- cost taxpayers $800 billion. But it is in, as its name implies, in maceutical industry. Because, guess what, the bill, as writ- northwest Georgia, headquartered in Some forget history. The first time ten by the pharmaceutical industry, Ringgold, Georgia, right below the this bill came up on the floor of the and passed by the Republican Congress Tennessee line just south of Chat- House, it was being hotly debated, and and signed by the President, says that tanooga. then suddenly at 5 o’clock the House the Federal Government is outlawed, Wesley, in those 35 years, has become had to adjourn. Why did the House outlawed, from negotiating lower drug the longest-serving president of this have to adjourn? Because the Repub- prices for seniors. That is prohibited by rather dynamic banking institution, licans were going downtown to have Federal law, despite the fact that the which itself was created in 1904. During their huge annual fundraiser, and a VA does it, and recent studies show the tenure of Wesley Smith, the bank number of the principal fund-raisers that the VA is acquiring drugs between has grown from $6 million to more than were from the pharmaceutical indus- 40 and 80 percent cheaper than are $500 million, has tripled its number of try. They are very, very generous to being offered under these plans to our branch offices, and now operates in those who benefit them. seniors. both Georgia and Tennessee.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H301 Wesley has served as chairman of the b 1845 going to get, over the next 8 years, an Georgia Bankers Association and is HOUSE FOR SALE additional $139 billion in profits that currently serving on the board of direc- they would not get, a 25 percent, 28 per- tors of the American Bankers Associa- The SPEAKER pro tempore (Mr. cent increase in their profit margin. tion. His service on community boards, WESTMORELAND). Under a previous They spent about $173 million lobbying chambers of commerce, college founda- order of the House, the gentleman from the United States Congress. They got tions, and other charitable efforts are Illinois (Mr. EMANUEL) is recognized for $139 billion in additional profits. The simply too numerous to mention. 5 minutes. HMOs and the private insurers got an Mr. EMANUEL. Mr. Speaker, the spe- But as I said, banking institutions additional $130 million they would not cial interests may have gained access have a unique history in and of them- have seen any other way if it was not to the Capitol, but the American peo- selves. In order to celebrate the 100th for the prescription drug bill. ple are paying for it. anniversary of the Northwest Georgia And what did our seniors get? Plans My colleague from Oregon talked Bank, a book was written, and it is a in which none of them can figure it about the prescription drug bill. It is a delightful read. It is one of those kinds out, total confusion, drugs that are classic example when you see what of books that at first glance you would being dropped, some drugs that are happens to seniors across all of our dis- say is only self-serving, but it is not, as skyrocketing. When they used to pay 4 tricts who are not more than confused I read it. It reminded me of the history and 5 bucks, they are now $150, and but have to fill out more than 30 pages of my part of the country. other drugs have dropped. Absolute of forms to get a single drug, where the confusion and plans that are locked in This bank, first of all, had its initial drug companies or HMOs or insurance beginnings back in 1856. It was part of for 1 year. companies that are providing the plan All the while, what else do they get? an empire that was built in those days can switch drugs like that at any mo- We cannot negotiate prices just like as the banking industry was beginning ment, but they cannot switch out. Sam’s Club does when they do bulk to take root in our country. The basic tenet of business is to take purchasing. We cannot allow our sen- But in 1856, we all know what came care of the customer first. If this was iors access to Canadian and British shortly thereafter, and that was the designed with the customer in mind, it drugs and drugs from Ireland and devastation of the Civil War. In really does come as a surprise. France and Germany so they can get Ringgold, which is there in the gap of But I will tell you what is happening competition from free trade and Lookout Mountain, it was one of the in the industry of healthcare specifi- choice, and we cannot allow generics major trade routes of olden days and cally as we talk about the pharma- on the market quicker so that they can certainly was one of the trade routes ceutical industry and the prescription compete with name brand drugs. In with a railroad coming out of Chat- drug bill is happening in the energy every step of the way, that prescription tanooga. area. The energy industry last year drug bill avoided and outlawed the very Many of you recall the story of the spent $87 million to lobby the United principles of a free market, all in favor race of the General, the locomotive States Congress. Now what did they get of creating a captive market for the that was stolen during the Civil War, for that $87 million? They got $14.5 bil- prescription drug companies; and, once and it was recovered just north of the lion in taxpayer support to drill for oil. again, the taxpayers and the seniors Ringgold area. But the bank itself was We are paying ExxonMobil, Texaco are supporting and literally backstop- thriving, as was the community of $14.5 billion to drill for oil when energy ping the prescription drug companies Ringgold, until the Civil War. Being di- is at a little over 60 bucks a barrel. For and HMOs and insurance companies. rectly in the path of General Sher- their $87 million of investment, they We taxpayers are paying for it. man’s march after he left Chattanooga, got taxpayers to fork over $14.5 billion. As my colleague said, the bill was the town of Ringgold and the bank And we pay at the pump nearly 3 bucks sold here on the floor for $394 billion. were destroyed. a gallon, the highest price in a long Before the ink was dry, it was reported As a result of that, for 40 years this time, and yet we also pay on April 15 to cost $790 billion, twice the actual community was without a bank. It had with tax breaks for big oil, Texaco, cost. There are some in government been literally burned to the ground, as ExxonMobil, Chevron, and all the other that knew that was what it was going had most of the town. But then in 1904 big oil companies, BP Amoco. to cost. So all of the taxpayers now are a gentleman, who had gained quite a They also got a waiver in the lost going to have to pay $800 billion over 10 reputation as a dynamic individual in revenue from royalties, that they are years; and the pharmaceutical compa- the banking industry and was putting supposed to pay about $7 billion in roy- nies, HMO companies, and private in- together a chain of banks, by the name alties for drilling in the Gulf of Mexico. surance companies are going to walk of W.S. Witham came to Ringgold and We also support them with another $2 off with huge profits. started the bank again in that commu- billion for deepwater drilling in the And all the while what has happened nity. Gulf of Mexico. So $87 million has got- to the American people? Energy is up, ten big oil companies $14.5 billion in in the last 2 years, 78 percent. Gaso- It survived in spite of closings in 1927 taxpayer support, passed on $7 billion and 1933, survived the Great Depres- line. Health care costs are up 58 per- in royalties that they own, and another cent. On average for a family of four, sion, survived Roosevelt’s bank holiday $2 billion on top of that for deepwater period, and continued to prosper, even $3,600 over the last 5 years. College drilling, a little north of $20 billion. costs are up 38 percent; yet we may end with its ups and downs and even in You cannot get a return on your in- spite of a daring daylight bank robbery up cutting college aid. vestment like that even on Wall Mr. Speaker, I would like to note where the president was held at gun- Street, but that is just one area where point in this small community. that we have a for sale sign on the the American people are paying for the front of the lawn here at the people’s Well, that is a very quick history of type of access that the special interests Capitol, and this November this elec- an institution in my part of the world. have. tion should be to return that gavel to I congratulate the Northwest Georgia There is a for sale sign here on the its rightful owner, the American peo- Bank, which is certainly unique. I most People’s House, and for the last 5 years ple. certainly congratulate my friend Wes- that for sale sign has allowed any spe- f ley Smith for his 35 years of service as cial interest access and the American the president of that institution. people are paying for it. When the VOCA: ROUND II I remind all of us again that we Speaker’s gavel comes down, it is in- The SPEAKER pro tempore. Under a sometimes take for granted that not tended to open the People’s House, not previous order of the House, the gen- only the things that happen in govern- the auction house; and for the last 5 tleman from Texas (Mr. POE) is recog- mental units affect the history of our years it has been nothing but an auc- nized for 5 minutes. country, but also institutions like tion house here. Mr. POE. Mr. Speaker, that great banks play a vital role in weaving that My colleague talked about the pre- Iron Lady from across the ocean, Mar- tapestry that holds us all together. scription drug companies. They are garet Thatcher, made the comment

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H302 CONGRESSIONAL RECORD — HOUSE February 15, 2006 that you may have to fight a battle uals wanted to do the same thing, and these proposals are window dressing, more than once to win it. because of different victims groups in and they totally ignore the massive Let me give you a little historical the United States, that was stopped. iceberg of campaign money that infects background. I have spent all my life in That VOCA fund stayed with victims. every single officeholder at the Federal the criminal justice system, first as a It did not go into the abyss of the Fed- level. The old expression goes, ‘‘If you prosecutor in Texas and 22 years as a eral treasury. But now those bureau- really want to know what is going on, criminal court judge, heard about 20, crats are up to these old tricks again, follow the money.’’ Thank goodness for 25,000 criminal cases, everything from and they want that money to be taken Political Moneyline and other Web stealing to killing. I saw a lot of people from victims and put into the abyss of sites that help reveal what is really come to the courthouse. the Federal budget. going on in Washington. But another group of people also Mr. Speaker, that money does not be- The reforms being proposed in this worked their way to the courthouse, long to the Federal Government. It is Congress do not get at the real prob- and they did not want to be there ei- not taxpayer money. It is money that lem. Each party is afraid of disar- ther, and that was the victims of belongs to victims. mament and certainly unilateral disar- crime. They were young, they were old, Victims continue to get victimized in mament to get the money out. Ross they were men, they were women, they the criminal justice system, and now Perot had it right a few years ago when were children. They were the silent this is another way of victimizing vic- he said, Those people in Congress, they group of people who were prey because tims once again. are really good people caught in a very of criminals. Mr. Speaker, when I came to the bad system. Victims do not really have a lobby House of Representatives, I, along with Congress has nibbled around the because most of them have to take care Jim Costa from California from the edges of reform, and there are some of themselves after they become vic- other side of the aisle and Katherine congressional rule changes that may do tims of crime, until recently. In 1984, a Harris from Florida, started the Vic- the same. But to help move toward real novel program was started under the tims Rights Caucus to bring the aware- reform, I am introducing a package of Reagan administration called VOCA, ness of the plight of victims to this four bills dealing with the need for real Victims of Crime Act; and the idea was House. Because you see, Mr. Speaker, limits on campaign spending as well as pretty simple: Criminals in the Federal it is the first duty, the first responsi- slamming shut the revolving door on courts that are convicted pay into a bility, of government to protect the lobbyists that allows too much foreign- court cost fund. That money then is people. Government does a pretty good generated influence and money inside used for victims and helps pay for their job of that. We are fighting the war on this legislative branch. injuries, for their medical expenses, terror in Afghanistan and Iraq and My proposals are as follows: First, a sometimes the funeral expenses. A other places in the world. We are doing sense of Congress resolution that rec- great idea: Make criminals pay for the a good job. ognizes that the Supreme Court erred system they have created. Make them But we have got a war on terror and was not complete when, in the case pay the rent on the courthouse. And going on here, and those are the terror- of Buckley v. Valeo, they stated that that has been going along fairly well, ists that live among us, those street free speech equaled money, that no so well that approximately $1.2 billion terrorists, criminals. And when they matter how much you spent was okay is now in that fund. And it is not tax- are captured and when they are pros- because money was equated with free payer money. It is not the Federal Gov- ecuted and they are put in jail, make speech. Well, if that is true, the con- ernment’s money. It is money that be- them pay. Make them pay financially verse is true. If you do not have the longs to victims, money that has been to support victims, their medical inju- money, you lack free speech. And more obtained from criminals. And it is a ries and their needs after they have and more Americans are being shut out crucial resource for different organiza- come to the criminal justice system. of the highest levels of lawmaking in tions throughout the United States. So this money cannot be taken from this country because they simply do Most victims groups, programs, agen- the victims fund. We will fight this not have the money to compete. cies operate under a shoestring. Many battle again, as Margaret Thatcher My second bill is the constitutional of them are just trying to keep lights said. The victims posse, as I call them, amendment itself that would give Con- on, and they receive this VOCA fund- those victims organizations through- gress and the States the power to limit ing. We are talking about domestic vio- out the United States, they are a posse the contributions and expenditures lence shelters. We are talking about because most of them are volunteers, made by, in support of, candidates for rape crisis centers. Victim compensa- and they will do what they can to Federal, State, or local office. That is a tion funds, funeral services, and med- make sure that this money stays left tough proposal, but it is one that I ical expenses all receive benefit from alone, that it stays in the VOCA fund, think our children and grandchildren VOCA funding. One example is in Hous- that it remains moneys for victims and will thanks us for. ton, the Children’s Assessment Center, to be used for victims as well. b 1900 a program like 400 others throughout This is a user fee for criminals. They the United States, where sexually need to pay. In fact, they need to pay The third measure is the Ethics in abused children go so that they can be more. The robber barons are taking Foreign Lobbying Act of 2006, which treated not only for their medical inju- this money; and, Mr. Speaker, this would prohibit contribution expendi- ries but their emotional pain and get ought not to be. tures by foreign-owned corporations themselves prepared for trial. f and would establish within the Federal We have approximately 4,400 agencies Elections Commission a clearinghouse in this country that depend on that CAMPAIGN CONTRIBUTIONS of public information regarding polit- VOCA victim fund. We are talking The SPEAKER pro tempore. Under a ical activities of foreign principals and about 3.6 million victims a year. VOCA previous order of the House, the gentle- agents of foreign principals. is the only Federal program that sup- woman from Ohio (Ms. KAPTUR) is rec- It was interesting that some major ports services to victims of all types of ognized for 5 minutes. Russian interests were involved with crimes: homicide, drunk driving, elder Ms. KAPTUR. Mr. Speaker, Ameri- Mr. Abramoff. As this scandal financial exploitation, identity theft, cans are upset about what they view is unravels, we are going to find some robbery, and rape. a compromised, bought-out Congress. very interesting characters sitting at So what is the problem, Mr. Speaker? They hear of favors passing hands, the bottom of that heap. Well, the bandit budget bureaucrats deals being made, arms being twisted, Finally, the fourth bill is the Foreign are up to their old tricks. They are while votes are held open to the wee Agents Compulsory Ethics and Trade stealing this money from the victims hours of the night. They are sick of it, Act of 2006, which would impose a life- fund, and they want it to go into the and they should be. time ban on high-level government of- abyss of the Federal treasury. Minor procedural forms are being ficials from representing, aiding, or ad- This may all sound familiar. It is fa- proposed within this Congress and are vising foreign governments and foreign miliar. A year ago those same individ- being touted as answers. But truly political parties. It imposes a 5-year

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H303 prohibition on representing, aiding or businesses. This results in monthly job To launch an overhaul of our job sur- advising foreign interests, including creation numbers. The household sur- veys, I introduced H. Res. 14, which commercial interests, before the Gov- vey, on the other hand, tracks employ- called on the Bureau of Labor Statis- ernment of the United States. It is not ment by household and produces the tics to review and modernize the way enough just to shut the gym to former unemployment rate from that. we collect our jobs data. BLS con- Members who are lobbyists. You have While the household survey tracks ducted a report that analyzed the two to get at the heart of the problem. all types of employment, from someone surveys and evaluated options for Campaign finance authority Herbert who holds a lifelong job at a big busi- change. While the report stopped far Alexander estimated that $540 million ness to someone who just became their short of proposing a complete reform of was spent during the 1976 period on all own boss, the public and private sec- the surveys, it did acknowledge that a elections in the United States. By 2000, tors have historically relied on the growing discrepancy exists between the that figure had risen to over $4 billion. payroll survey to gauge national job two numbers and determined that fur- To run for this job in the House in 1976 growth. When we look back to the pre- ther analysis is necessary. cost on average $87,000. Today, the av- World War II economy, favoring the Mr. Speaker, I am pleased that BLS erage Member has to spend nearly $1 payroll survey makes sense. has taken this very important first million, and some $2 million, 10 times Today, however, Mr. Speaker, the step. But it is only a first step. We what was spent just 30 years ago, and employment landscape is entirely dif- must continue to push for reform so the population hasn’t gone up by 10 ferent. Just look at the area I rep- that our job surveys effectively track times. resent in Southern California, with its job creation. After all, policymakers A winning Senate race back in 1976, biotechnology facilities, independent rely on accurate economic data to you could spend about half a million IT contractors and small, specialized draft effective legislation, and busi- dollars, which is a lot of money where consulting firms. Yesterday’s start-up nesses need the right numbers to plan I come from. Today, the average is today’s big business, and today’s for their future. In an economy where amount spent is over $5 million; and in brainstorm is tomorrow’s start-up. It is the only constant is change, unreliable not surprising then that the payroll places like New York, that is chicken numbers will result in off-target legis- and household numbers portray quite feed. lation and poor business decisions. different results. Mr. Speaker, we have become a plu- A modern economy needs modern tocracy. America, wake up. Please sup- The disparity between the job survey became particularly apparent through- statistics, and we must make sure that port real reform for our children and out the early stages of the post-reces- we give it that. grandchildren. sion recovery that we enjoyed in 2002 f f and 2003. While the payroll survey A MODERN ECONOMY NEEDS lagged for months, the household sur- U.S.-INDIA NUCLEAR COOPERATION MODERN STATISTICS vey demonstrated a strong and growing DEAL The SPEAKER pro tempore (Mr. workforce, where self-employment ac- The SPEAKER pro tempore. Under a WESTMORELAND). Under a previous counted for one-third of all the new job previous order of the House, the gen- order of the House, the gentleman from creation that we saw. tleman from New Jersey (Mr. PALLONE) Following the end of the recession in California (Mr. DREIER) is recognized is recognized for 5 minutes. November of 2001, job creation in the for 5 minutes. Mr. PALLONE. Mr. Speaker, I am al- Mr. DREIER. Mr. Speaker, today’s household survey rebounded by the fol- ways pleased to lend my personal sup- lowing May. Although there were some job seekers have a vast technological port to strengthening the partnership ups and downs in the ensuing months, arsenal at their disposal. They can between India and the United States, the household job numbers never again search online for job openings. They and today I rise to express my support dipped below the November 2001 level. can e-mail their contact of networks for the recent civil nuclear energy co- By November of 2003, more than 2.2 for leads. They can fax their resumes operation agreement between the million net new jobs had been created, and conduct job interviews via video world’s two largest democracies. I also and the pre-recession job numbers had conferencing. And if they get enough of urge my colleagues to support such an been surpassed. agreement when it comes under consid- the rat race, they can start their own By contrast, the payroll survey did eration in Congress. business. That is what goes on today, not demonstrate net job growth until Based on their shared values of diver- becoming their own boss. August of 2003 and did not return to the sity, democracy and prosperity, the This dynamic, technologically ad- November 2001 level until April of 2004, vanced picture of the American work- nearly 2 years after the household sur- United States and India have a natural force is fundamentally different from vey had caught up. And the payroll sur- connection. The growing bilateral rela- that that existed in the late 1930s and vey’s pre-recession job numbers were tionship between the United States and 1940s. At that time, most workers typi- not surpassed until February of 2005, a India is creating new and profound op- cally had lifelong employment in long- year ago. This prolonged lag in the portunities between our two countries. established companies. And heavy in- payroll survey’s job creation numbers We have shared democratic values and dustrial manufacturers were among the led to claims, and you will recall this, national interests that have fostered a most common employers. of the ‘‘jobless recovery.’’ transformed relationship that is cen- In six and a half decades, Americans Mr. Speaker, while every other major tral to the future success of the inter- have experienced a sea change in how indicator of economic strength surged national community, and that includes we look for work, where we work, and forward, from the gross domestic prod- the global war on terrorism and slow- how often we find new work. We have uct numbers to productivity, the pay- ing the spread of weapons of mass de- progressed into a wired, upwardly mo- roll survey persisted as an anomaly of struction. Building this strategic part- bile, flexible workforce. Small busi- negative news. nership was unforeseen a few years ago, ness, self-employment, and inde- Only the household survey was able but its success is important in creating pendent contracting have become the to accurately portray the strength of a strong democratic foundation in hallmarks of our entrepreneurial inno- our workforce because of its ability to Asia. vation-driven economy. track the nontraditional employment Mr. Speaker, India, which has long With such a drastic transformation, that the payroll survey misses. In an been a victim of terrorism, was the you would expect the way we measure already-dynamic economy, the in- first to offer its services to the United employment would have evolved too. creased churn created by economic ex- States in its war on terrorism in Af- Yet our most frequently cited survey of pansion only highlighted the growing ghanistan. The Bush administration job creation remains mired in a De- inadequacies of a Depression-era pay- has made separation of India’s military pression-era mindset and research roll survey. Using the 20th century and civilian nuclear facilities an im- method. The Bureau of Labor Statis- methods to take a snapshot of the 21st portant benchmark by which to judge tics’ payroll survey tracks payroll em- century employment picture simply India’s seriousness. In separating these ployment by surveying established did not work. facilities and placing the civilian ones

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H304 CONGRESSIONAL RECORD — HOUSE February 15, 2006 under safeguards, it shows India’s com- fective care mocks the very idea of the opportunity to plug into a fully mitment to its role in the global com- consumer-directed care.’’ transparent system, it gives consumers munity. A lack of transparency has created a information on cost, price and quality Mr. Speaker, the United States-India system where customers don’t have the and would transform the American civil nuclear agreement strengthens ability to hold providers accountable. health care system in a radical man- energy security for both the United We have reached a point where even ner, providing care for more Americans States and India and promotes the de- doctors and nurses and other providers both rich and poor. Patients with port- velopment of stable and efficient en- have difficulty in being cost conscious, able health care dollars that can be ergy markets in India to ensure ade- because nobody really knows what any- paid at the point of service are ex- quate and affordable supplies. Develop- thing costs any more. In a system like tremely attractive to most health care ment and expansion of U.S.-India civil this, cost increases are a given. providers who otherwise normally have nuclear cooperation should, over time, Mr. Speaker, there is no bigger pro- to wait for an insurance company to lessen India’s dependence on imported ponent of medical health savings ac- process a claim and remit the payment hydrocarbons, including those from counts than myself. A little less than sometimes months or even years after Iran. 10 years ago when the Archer Medical a service has been rendered. To attract Mr. Speaker, India is taking nec- Savings Accounts were first made the business of these patients who are essary steps to build its relationship available, I went out and got one. I willing to pay cash at the time of deliv- with the international community. Al- think it is a good method of providing ery, providers could list their charges, though India has never been a signa- health insurance, particularly for those competing for business on price and tory of the Nuclear Nonproliferation young Americans who want to be en- quality. Treaty, it should not be considered as a trepreneurs that Chairman DREIER was With nearly 3 million now enrolled in problem state with regard to non- just talking about. But right now there health savings accounts to date and proliferation issues. It has no record of is a problem, because there is a lack of the number growing daily, health care proliferating dual-use nuclear tech- transparency in the system; and that providers and hospitals would be wise nology to other countries. India under- opacity in the system prevents them to allow transparency to pervade the stands the danger of the proliferation from being good consumers. system and ride the coming consumer of weapons of mass destruction and has A more transparent pricing system wave. agreed to key international non- would help give providers and patients Now, Congress can play a role in lev- proliferation requirements. more control over their health care eling the playing field in favor of the Finally, Mr. Speaker, once the Bush dollar, but there are great incentives health care consumer. HSAs should be administration outlines the details of for providers to keep consumers blind- supported or made more attractive to the civil nuclear energy cooperation folded. For instance, every year hos- consumers by increasing their port- agreement, then Congress must begin pitals normally raise their price list for ability and maximizing the tax bene- steps to enact the changes necessary services. Because hospitals can in- fits of these accounts. Congress has al- for implementation, and I would urge crease their net revenue by raising ready established several quality re- all my colleagues on a bipartisan basis their list prices, this provides them the porting programs that are available to to move in that direction and support incentive to increase their list prices. the public. The same should go for it. The United States has established a But hospitals also negotiate a dis- medical costs. There is no reason to remarkable strategic partnership with count in payments for patients covered continue the system of opacity in med- India, and a civil nuclear cooperation by certain health plans, and these dis- ical pricing. would be a great accomplishment. Its counted amounts are not always avail- Congress should take the lead in de- implementation is important for na- able to individuals who may be inter- veloping a collaborative approach with tional security and for U.S.-India rela- ested in self-pay, such as the holder of all provider stakeholders to make the tions. Our two nations have made ex- a health savings account. costs more transparent to consumers. traordinary progress over the last sev- Additional breakdowns of hospital The Greek dramatist Sophocles said eral years, and the path that lies ahead operating costs and how that impacts that, ‘‘wisdom outweighs any wealth.’’ is critical to our improving relation- billings would be essential information The American health care system ship. to a consumer trying to select the low- needs a healthy dose of wisdom; and f est-cost provider. Since this informa- consumers can deliver, given the tion is obscured, the consumer can chance. HEALTH CARE TRANSPARENCY exert no pressure on a hospital to im- f The SPEAKER pro tempore. Under a plement rational pricing structure. MISSED OPPORTUNITIES previous order of the House, the gen- What happens when pricing informa- tleman from Texas (Mr. BURGESS) is tion becomes available to consumers? The SPEAKER pro tempore (Mr. recognized for 5 minutes. The results can be dramatic. When the MARCHANT). Under a previous order of Mr. BURGESS. Mr. Speaker, Ameri- Medicare prescription drug discount the House, the gentleman from Texas cans, American patients, are fortunate. card was introduced in 2004, seniors (Mr. GENE GREEN) is recognized for 5 They have access to the greatest could log on to Medicare.gov and see minutes. health care system in the world. But cost comparisons of what drugs cost at Mr. GENE GREEN of Texas. Mr. for many, the cost to access that care area pharmacies. I would submit that Speaker, the President gave the annual is prohibitively high. So it is ironic, Lasik surgery and plastic surgery are State of the Union speech and also re- Mr. Speaker, that the world’s largest the other such examples when trans- leased his budget recently. The speech free market economy, government con- parency is brought to the marketplace. and the budget were short on many im- trol and lack of true market forces portant issues that face our families have led to diminished sophistication b 1915 and neighbors every day. among medical consumers and in- Some health plans are getting into I was glad he talked about supporting creased health care costs. the transparency game. Aetna health our troops; and I agree. However, I did Dr. Uwe Reinhardt, a professor of po- plan has initiated a pilot project in not hear a call for creation of addi- litical economy at Princeton Univer- Cincinnati, Ohio, that gives enrollees tional divisions to give our regular sity, frames the problem by stating: information on what doctors charge military and reserves more time at ‘‘To move from the present chaotic and gives enrollees the ability to take home between deployments. He an- pricing system toward a more stream- action before services are performed. nounced no plans to stop extending the lined system that could support genu- This type of information is vital to enlistments for the young men and inely consumer-directed health care hold providers and plans accountable women serving our country, some of will be an awesome challenge. Yet for what they charge and what the pa- whom are serving their third tours in without major changes in the present tient pays. the Middle East. chaos, forcing sick and anxious people Giving new consumer-based coverage We also need better equipment and to shop around blindfolded for cost-ef- options like health savings accounts training for the people who volunteer

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H305 to serve our country. Instead, this I also did not hear anything in the ties in the world, but all of that is for budget request maintains and grows State of the Union Speech about the naught if people, Mr. Speaker, cannot weapons systems that are no use to our administration’s efforts to secure pen- afford the care that they need. troops on the ground, rather than add- sions. Companies are eliminating tradi- However, different Americans have ing the manpower we need for Iraq and tional pensions or going into bank- different health care needs, and we can- Afghanistan, and reduces the author- ruptcy to get out of commitments to not resort to a Hillary-care program, ized size of the National Guard by their employees. At a time when the to a one-size-fits-all system of care. We 17,000 soldiers. baby boomer generation is reaching re- rejected that in 1993, and we reject it I did not hear a renewed commitment tirement age, we cannot depend on So- here today in 2006. Instead, we need re- to fully fund our veterans health care cial Security, especially with an ad- form that allows Americans to be bet- either. When someone serves and is in- ministration who wants to privatize it. ter health care consumers. jured we owe them a debt to make sure The President also did not mention When we shop for a new car or home they receive health care second to anything on the biggest issues facing what do we do? We compare prices to none. President Bush’s VA budget re- Americans, increasing disparity in in- get the best deal and the best product. quest for 2007 does add nearly $3 billion come. Since World War II, Americans Health care should be no different. Too in real appropriations to veterans had a history of creating a great mid- many Americans are paying the high health care compared to the 2006 budg- dle income majority. We are losing cost of health care out of their own et. However, it does so by charging a that great middle class as we have pockets, and the family budget is suf- new annual enrollment fee for VA care, more and more millionaires but more fering. This is exactly why we need real nearly doubling drug copayments and and more poor people. practical initiatives like health sav- driving 1.2 million veterans out of the In 2001, the median income in 2004 ings accounts and association health system created specifically for them. dollars was $46,058. In January of 2006, plans, despite what the gentleman from A chart in the President’s budget re- it was $44,389, almost $2,000 less. Me- Texas (Mr. GENE GREEN) just said. We quest anticipates approximately 1.2 dian income Americans are losing need this to make health care afford- million fewer veterans in Priority ground while median home prices have able, portable and secure. Groups 7 and 8 in 2007. These groups are increased from $139,700 in 2001 to 215,900 forced in this budget request to pay in 2004. The number of people that are buying new $250 enrollment fees and nearly Health insurance costs have gone up high deductible health plans along with double in pharmaceutical co-payments. from a monthly average in 2001 of $135 these health savings plans is not de- This is not looking out for those who to $222. College tuition for our children creasing, as the gentleman suggested, have served our country. has increased, while government assist- but it is increasing. Three million The President touched briefly on ance has remained flat. I could go on today and by 2010 14 million. I am very health care problems in our country. and on about lower income and high supportive and proud that the Presi- Health care is the number one domes- prices, including costs of gas for our dent talked about this and is going to tic concern of the American people, 46 cars and utilities to heat and cool our expand health savings plans for the fu- million of whom lack health insurance. homes. We need a concerted effort by ture. These initiatives will help busi- The administration’s solution is ex- Congress and the administration to re- nesses across America afford health panding health savings accounts, verse this trend that the rich get richer benefits for their employees, which in HSAs, eliminating State mandates on and the poor get poorer. turn will reduce the number of unin- health insurance policies, and the an- Middle income Americans are getting sured in this country. nual call to federalize medical mal- poorer. We have real needs in this I am as concerned, Mr. Speaker, as practice lawsuits. HSAs have not been country, and it is all too clear that the all of my colleagues are of the fact that successful with consumers. An October, President’s State of the Union speech we have maybe 41 or 42 million people 2005, report determined that 1 percent and the administration’s budget have in this country without health care. of U.S. adults chose HSAs and only not addressed the concerns of America. But this is the way you get them the one-third of that 1 percent recommend f health care so they can get a policy HSAs to someone else. Another one- with a very low premium that covers CONSUMER-DRIVEN HEALTH CARE third of that percent would like to the catastrophic and they can stash change plans. HSAs only fit a small The SPEAKER pro tempore. Under a away money each year in that health portion of our society and have not previous order of the House, the gen- savings account. It can grow just like helped to ensure our 46 million unin- tleman from Georgia (Mr. GINGREY) is an IRA and they can use this money in sured Americans. recognized for 5 minutes. many instances for medical care that is Even worse, HSAs will draw Mr. GINGREY. Mr. Speaker, it seems not covered under a traditional health healthier, higher income employees that tonight is health care night. We care policy. I am talking about things out of health insurance pools, leaving just heard from two of our colleagues like dental care, a hearing aid or visual the sicker and lower income folks to from Texas, one of whom I agree with care. share the higher risk. The unfortunate and one of whom on a lot of points I do So along with flexibility in our result would be increased out-of-pocket not necessarily agree with. But, Mr. health care system, this is another costs for those most in need of afford- Speaker, I do rise tonight to express very important point, and Mr. BURGESS my deep concern over the high cost of able health care and a weakened em- just spoke about that. ployer-based health insurance system. health care and the toll it has taken on To solve our health problems, we our families and our businesses and our We must be technologically ad- need bolder leadership, not plans that economy. vanced. You heard, Mr. Speaker, Chair- do not work. Let us expand the State I was very encouraged to hear Presi- man DREIER talk a little bit about job Children’s Health Insurance Program, dent Bush discuss the important issue statistics and how we do not need to be the CHIP program, to working parents, of health care reform during a speech using twentieth century machinations allow early retirees over 55 to buy into in Ohio today. A recent NBC news poll to determine what our growth and our Medicare, and help States with Med- showed 76 percent of Americans believe job rate is. We need to have a better icaid costs so that they can expand health care reform is a top priority for system that more accurately reflects programs for the uninsured. our Nation and we absolutely must act the job growth in this country. It is the Decades ago our country made a deci- to create a more transparent accessible same thing with the health care sys- sion to use employer-based insurance and affordable system, as the gen- tem. It must be technologically ad- unlike other industrial democracies. tleman from Texas (Mr. BURGESS) just vanced. We have tried to bridge the gap of what said. Mr. Speaker, I recently went to Ant- employers can provide, but we still Before coming to Congress, I prac- arctica and, amazingly, I could get have 46 million people uninsured. Con- ticed medicine as an OB–GYN for 26 cash from an ATM machine with no gress and the administration have a years. I know that America has the glitch in Antarctica. But if I had fallen duty to bridge that gap for Americans. best doctors, hospitals, research facili- ill during my travels, the hospital

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H306 CONGRESSIONAL RECORD — HOUSE February 15, 2006 there could not have accessed my med- Park High School is even more amaz- tleman from Michigan (Mr. STUPAK) is ical records or known what medica- ing considering the fact that African recognized for 5 minutes. tions I am on; and I happen to be on Americans are the most underrep- (Mr. STUPAK addressed the House. several heart medications. resented racial group in the country in His remarks will appear hereafter in This is a recipe for disaster, and to AP classrooms. the Extensions of Remarks.) fix this crucial shortcoming I have in- Mr. Speaker, thanks to the excellent f troduced legislation to increase tax teaching and tutelage of their teachers, The SPEAKER pro tempore. Under a breaks for physicians who invest in the Ms. Judith Keyhoe, Ms. Marilyn Jack- previous order of the House, the gentle- son and Mr. Martin Luzzo, all of the new technology of electronic medical woman from Florida (Ms. ROS- Morgan Park students deserve special records. Physicians are more likely to LEHTINEN) is recognized for 5 minutes. adopt this new technology if our Tax recognition and congratulations from (Ms. ROS-LEHTINEN addressed the Code helps offset the substantial, and this Congress today. House. Her remarks will appear here- Morgan Park High School is a great they can be substantial, initial costs. after in the Extension of Remarks.) We have seen the success of this tac- example of what dedicated administra- f tic with other tax relief for small busi- tors, committed teachers, motivated The SPEAKER pro tempore. Under a nesses. H.R. 4641, the Adopt HIT Act, students, and involved parents can ac- previous order of the House, the gen- will help our doctors save money, time complish; and I ask all my colleagues tleman from Indiana (Mr. BURTON) is and, most importantly, Mr. Speaker, to please join me in congratulating recognized for 5 minutes. save lives. Morgan Park High School, this fine (Mr. BURTON of Indiana addressed Reforming health care will make school, for their wonderful academic the House. His remarks will appear coverage more affordable and acces- achievement. Now, Mr. Speaker, I would like to hereafter in the Extensions of Re- sible for both workers and employers, just take a moment to name the indi- marks.) especially our small businessmen and vidual students that allowed Morgan women. But affordable health care is f Park High School to soar to these un- only half of the equation. After all, the The SPEAKER pro tempore. Under a precedented heights. These students most affordable health care in the previous order of the House, the gentle- are: Jorge Anguiano, Jenele Anderson, world is, Mr. Speaker, irrelevant if a woman from Connecticut (Ms. Desney Avery, Nicole Banks, Brian patient cannot get in to see a doctor DELAURO) is recognized for 5 minutes. Belcher, Aryelle Berry, Evan Beverly, when he is sick or visit the emergency (Ms. DELAURO addressed the House. Jasmine Bomer, Justin Booz, Christina room when he is injured. Her remarks will appear hereafter in Boyce, Jenise Chappell, Monique the Extensions of Remarks.) As a practicing physician for nearly Childress, Angelo Dasilva, Eric Dorsey, f 30 years, I have seen the results of our Natalie Dowdell, Patrice Gardner, Jef- troubled medical tort system firsthand. frey Gonzales, Brandon Hamilton, THE OFFICIAL TRUTH SQUAD In many communities, hospitals have Zellonda Harris, Rachel Hoffman, closed, women have to travel across The SPEAKER pro tempore. Under Dominique Jones, Edward King, the Speaker’s announced policy of Jan- State lines for prenatal care, emer- Latasha Kinnard, Juwaun Mcclain, gency rooms lack the on-call special- uary 4, 2005, the gentleman from Geor- Amanda Moore, Tichina Moore, gia (Mr. PRICE) is recognized for 60 ists they need to save lives. This Eduardo Morales, Jeffrey Nelson, should not happen in America, home to minutes as the designee of the major- Cecilia Ortiz, Kimberly Randle, Ashley ity leader. the greatest physicians in the world. Rouse, Lajoi Royston, Renata Sago, I call on my colleagues to join me in Mr. PRICE of Georgia. Mr. Speaker, Bradley Thomas, Jerome Wade, what a great pleasure it is to come and the effort to create a consumer-driven Langston Wesley, Alexandria Willis, system of care for our country. speak to the House tonight about a Rachel Woods, Joshua Young. number of different topics. I want to f To the students at Morgan Park High thank the leadership and the con- HONORING MORGAN PARK HIGH School, we take our hats off to you. ference for giving me the opportunity SCHOOL STUDENTS Keep up the good work. Make sure that to lead an hour here and talk about you keep on the path to success. This The SPEAKER pro tempore. Under a things that are of utmost importance Congress, this Nation, is very proud of to our citizens all across this Nation. previous order of the House, the gen- you. God bless you. tleman from Illinois (Mr. RUSH) is rec- When I have talked with some of my f ognized for 5 minutes. constituents, many of my constituents The SPEAKER pro tempore (Mr. Mr. RUSH. Mr. Speaker, today I want at home, over and over and over again MARCHANT). Under a previous order of to tell this Congress and this Nation I hear them say, what is going on up the House, the gentlewoman from Cali- about a high school success story. there in Washington, why has the dis- fornia (Ms. SOLIS) is recognized for 5 Today I would like to acknowledge stu- cussion, the personal animosity that minutes. seems to be brought to so many of our dents and teachers from the Morgan (Ms. SOLIS addressed the House. Her Park High School located in my dis- debates, why is that occurring? It is a remarks will appear hereafter in the great question because it does a dis- trict, the first congressional district on Extensions of Remarks.) the south side of the City of Chicago. service to us all; it really does. Morgan Park High School students f What we are beginning tonight is The SPEAKER pro tempore. Under a posted world-class advanced place- what we are calling the Official Truth previous order of the House, the gentle- ments test scores. Mr. Speaker, it must Squad. This is our new logo of the Offi- woman from South Dakota (Ms. be noted, particularly as this is the cial Truth Squad, and we thought that HERSETH) is recognized for 5 minutes. was appropriate because there are so month that we celebrate black history, (Ms. HERSETH addressed the House. February, it must be noted that out of many times that you hear on the floor Her remarks will appear hereafter in inaccuracies here, and so we thought it the more than 15,000 high schools and the Extensions of Remarks.) 31 countries worldwide, more students was appropriate to put together a at Morgan Park High School passed f group of folks that would come as often their AP exams in two courses, English The SPEAKER pro tempore. Under a as needed to bring some truth. language composition and European previous order of the House, the gen- To start that truth, I just wanted to history, than at any other high school tleman from Maryland (Mr. WYNN) is set kind of the premise of why people in the Nation or in the world. recognized for 5 minutes. are so disgusted, what kinds of things (Mr. WYNN addressed the House. His that are being said that make people so b 1930 remarks will appear hereafter in the doggone disgusted with some of the The vast majority of these students Extensions of Remarks.) language that is going on up here in were African American. The number of f Washington. African-American students passing The SPEAKER pro tempore. Under a These are real quotes; and I think it these college-level exams at Morgan previous order of the House, the gen- is important, Mr. Speaker, that people

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H307 hear these things because, again, it said night after night after night on cally; but, unfortunately, the money does a disservice to the whole debate. this floor. we spend has increased dramatically, These are quotes from Howard Dean, I am very positive about our country. also. It is the taxpayers’ money we who is the chairman of the Democratic It is the greatest country in the world, spend; and we must be responsible, me- party. This is a quote just a year ago: and it is the only place I know of where ticulous, frugal and effective in the ‘‘I hate Republicans and everything people are dying to get into. We need ways the Federal Government spends they stand for.’’ Can you imagine that? to make sure that the positive things this money. What an awful thing to say to at least about this country are talked about. As this Congress takes up the fiscal a third of the Nation, if not more, to I want to talk a little bit tonight year 2007 budget, I hope my colleagues individuals who voted in the last gen- about the important role this Congress will maintain that mentality. We have eral election for President, over half of is going to continue to play in bal- made great progress with the Deficit the individuals that voted, and that ancing our budget by spending our con- Reduction Act, but we must do much kind of tenor is just wrong. It is just stituents’ money wisely and by putting more to transition from deficit reduc- wrong. It does not help anything. our national priorities in order. I also tion to deficit elimination. Just 6 months ago or so, he said: ‘‘Re- am looking forward to exposing this I also call on the Democrats to con- publicans, a lot of them haven’t made hypocrisy that has been exhibited here tribute to the solution and to do the an honest living in their lives.’’ What night after night by people who are right thing by finding commonsense kind of nonsense is that? What kind of quick to lament our Nation’s problems ways to reduce Federal spending. While disservice does that do to our Nation? but unwilling to take positive action we are here tonight to expose some bla- We have heard some of that same towards solutions. tant hypocrisy by the quick-to-com- kind of tone here on the House floor, The Congress must become a better plain Democrats, I would also like to and so we endeavored to put together a steward of the taxpayers’ dollars, and invite them to start doing the right group that would talk about the truth, we must do it now. Our constituents thing. I would love to see some Demo- talk about real things, and try to bring deserve to send less of their hard- crats join us in calling for reduced some real information to our citizens earned dollars to Washington and spending. I would love to see them all across this Nation. spend more on their families, busi- back it up with a vote for reduced Daniel Patrick Moynihan, I do not nesses, and dreams. By cutting spend- spending. It is not the easy thing to do, have the exact quote, but he said some- ing and cutting taxes, we will allow but it is the right thing to do. thing like, everyone is entitled to their citizens to have more time with their b 1945 own opinion but they are not entitled families because they will not be hav- to their own facts; everyone’s entitled ing to work so much. Our constituents It is unfair to leave our children and to their own opinion but not their own meticulously budget their dollars at grandchildren with massive debts re- facts. So we thought we would bring their kitchen tables, and we owe it to sulting from overspending. The Presi- some facts, and we will do that over them to do the same thing here in dent’s budget is a further attempt to this next hour and over the next num- Washington. It is their dollars we help spare younger generations from ber of days as we come and talk with spend, not ours. debts that they do not deserve, but we folks. Cutting Federal spending is not an must keep making progress with what This Official Truth Squad grew out of easy thing to do. We have seen this the President outlined. the freshman class group of 24 or 25 of even as freshmen. However, it is the Mr. Speaker, I would like to thank us who get together on a frequent right thing to do, and my colleagues my colleagues for joining me tonight basis, and we thought it was an appro- who join me here tonight recognize in highlighting this important issue. I priate thing to do to counter what has this important distinction and impor- am really proud to be a part of the come to be known as the culture of tant responsibility to do what is right Truth Squad, made up only of House cynicism, the culture of pessimism and over what is easy. Republicans; and I would like to reit- the culture of negativity that we often- We had the chance recently to slow erate my hope that Democrats will join times hear from the other side. So we the growth of Federal spending, and I us in doing the right thing, however hope to bring a much more positive am proud that this House did the right difficult, by slowing Federal spending. outlook, a much more positive view, thing by passing the Deficit Reduction I look forward to working with them to frankly, of our Nation and to bring Act. However, those very same Demo- restore fiscal accountability and re- some facts to the table that I think crats who come here night after night straint so we can continue to trim and and we think are appropriate just so and complain about the deficit were soon eliminate the Federal deficit. people have the right kind of informa- unwilling to roll up their sleeves and Mr. Speaker, I thank Mr. PRICE for tion out there to make decisions, to get to work to actually solve the prob- hosting this hour, and I am looking figure out what their government is lem. They had their chance to con- forward to many more evenings of our doing and what it is not doing and tribute to a solution with the Deficit presenting to the American people the what it ought to be doing. Reduction Act, but they took the easy facts about our economy. With that, I am pleased to be joined way out by voting against the bill. The Mr. PRICE of Georgia. Mr. Speaker, I by my colleagues, and first to come Deficit Reduction Act is one of the appreciate the gentlewoman’s partici- talk to you about some things as its re- long-term solutions for the future that pation and involvement. It brings light lates to the economy and the budget is we are supporting. to the appropriate problem and the ap- the gentlewoman from North Carolina It is easy to hand out money willy- propriate solution. The problem is too (Ms. FOXX). She is a member of the nilly. However, it is not easy to find much spending. The problem that we freshman class. I have come to know areas to reduce chronic spending; but have here in Washington is too much and respect her so highly. She has a reduce Federal spending we must, and spending, which means the appropriate background in education and is just as we must demand more accountability solution is to decrease that spending. principled as they come and as frankly for that spending. The Deficit Reduction Act was a move positive as one could be about the out- My constituents work hard, and more in the right direction, to decrease look for our Nation. So the gentle- of them are working than ever before. spending by $40 billion. woman is going to spend a few mo- More people are working all over this Mr. Speaker, I know it is hard to be- ments and talk with you about the country than ever before. They have lieve, but we did not get a single vote economy and the budget. adapted to our changing economy; and from anybody on the other side of the Ms. FOXX. Mr. Speaker, I thank the as a result of sound economic policy, aisle for something that is a move in gentleman from Georgia (Mr. PRICE) more of them are in good jobs than the right direction. Was it as much as very much for inaugurating the Truth ever before. We have reduced the tax we would like? Certainly not. But with- Squad here tonight. I think it is high burden on American workers and small out any help from the other side, time that many of us came here to the businesses, and our economy is strong. things get much more difficult. We ap- well and shared the truth against many The money coming into the Federal preciate the gentlewoman bringing us of the negative things that have been Government has increased dramati- the truth as it surrounds the budget.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H308 CONGRESSIONAL RECORD — HOUSE February 15, 2006 I am pleased now to yield to the gen- That is what the American people comfortable? I, frankly, would support tlewoman from Tennessee (Mrs. want us to do, to prioritize, to make as much as we can do. I know she BLACKBURN) who, although not a mem- decisions about where is the best way, would as well. ber of the freshman class, we have the very best way for this government Mr. Speaker, I am pleased to yield to adopted because she brings such clarity to function so that it is continuing to the gentleman from Texas (Mr. of thought to the issues. She has pre- provide the services and the infrastruc- CONAWAY), another member of the sented the optimistic and positive view ture that we need to be the greatest freshman class of the 109th Congress, a of our Nation and the hard work we are Nation in the world. That is what they Member I have come to respect very doing to move our Nation forward. I want to see from us. We were so highly for so many things but espe- am pleased she is able to join us to- pleased to see those reductions in- cially for his financial acumen. He is a night and talk a little bit about the cluded in that Deficit Reduction Act. CPA in his real job, his real life, and he budget. Yes, indeed, we are going to be working has brought great interest and enthu- Mrs. BLACKBURN. Mr. Speaker, I to be certain that we do that again this siasm to the challenges we have in the thank the gentleman from Georgia, year. economy and in the budget. He sits on and kudos to Mr. PRICE and the other One of the good things about the the Budget Committee. I am pleased to freshmen class members for starting Truth Squad and what you all are have him join us to talk about the the Truth Squad. I know that each and going to do over the next many months budget and where we are headed in the every one of you are going to do a is to bring forward ideas, to bring for- future. great job as you take issue by issue ward ideas. How do we make this gov- Mr. CONAWAY. Mr. Speaker, I thank that comes before this body, issues ernment more efficient, how do we the gentleman from Georgia for not that are so important to the American make it more effective, how are we cer- only those kind words but also for cre- people because we want to be certain tain that we are prioritizing and meet- ating the Truth Squad and being the that we do a few things while we are ing the needs and desires of the Amer- motivating factor behind that. I think here, that we are good stewards of the ican people, and how do we hold the it is going to do us good to come here taxpayers’ money, that we are diligent Federal Government accountable for from time to time to talk about these in preserving freedom because we know the dollars that they are going to things. that our children and our grand- spend. Because it is not government’s I also want to thank my colleague children deserve the opportunity to money, it is the taxpayers’ money. from Tennessee for those very kind words. The bill the gentlewoman is have the ability to dream big dreams I know that Representative CONAWAY talking about would actually be a and, as we said last night, to grow up is going to speak in a few more mo- change in the House rules for next ses- in a safe, free and secure world. We ments. I hope he is going to talk about sion, the 110th Congress, and that is if want that for them, and we want that the Federal Programs Offset Reduction you can find something that the Fed- for every American citizen. Act that he introduced today. I am co- Certainly being certain that we focus sponsoring that bill. That is the type of eral Government is not already cur- on our economic security is important. innovative idea that we need to see rently doing, in order to convince us that new program should come into ex- As I said, last night we talked about brought forward. If you are going to istence, you have to do away with an national security and that importance, propose a new program, then, by golly, existing program of equal or greater that we have that free, safe world. To- get in this budget and find something spending. night we will be looking at economic that is duplicative, that has outlived In other words, if your new program security. Congresswoman FOXX always its usefulness, that is wasteful and is not more important than some other speaks so well, and I loved what she eliminate it. If you are going to do program in the vast array of public was saying about the spending habits something new, take away something programs, basically you are telling us of Washington. that is not working. this new proposed program is the least Mr. Speaker, some of my constitu- As I have co-chaired the Task Force important thing that our Federal Gov- ents remind me regularly that Wash- on Waste, Fraud and Abuse, that has ernment can do. If that is the case, ob- ington does not have a revenue prob- been one of the creative suggestions viously why would we do it? lem, Washington has a spending prob- and one of the recommendations, pro- Now the great thing about being lem. This great big bureaucracy that is grams like that that we are looking freshmen, except for Mrs. BLACKBURN, built up around Washington has a tend- for. We are looking forward to sup- is that we do not know what we are not ency to eat up those tax dollars that porting Mr. CONAWAY in that work be- supposed to suggest and we do not come from the local communities in cause we know it is our responsibility know what, quote/unquote, cannot be Washington and somehow never get to be a good steward. We know that it done. I know this is going to cross ju- back out there to the programs. is our responsibility to keep in mind risdictional lines within committees, I think one thing we all would agree that Washington is never going to get and some would say that it puts a on is that Washington is never going to enough of the taxpayers’ money, and damper on the creative spirit that get enough of your money. It is never we know that it is our responsibility to brings these new programs to life. In going to get enough of your money. It remember that Washington does not the short run, maybe that is not a bad has an endless appetite for your have a revenue problem. It gets plenty idea. Nancy Reagan had it right when money. Certainly Ronald Reagan’s of money. Washington has a spending she said just say no to drugs. Maybe we statement that there is nothing so problem. should say just say no to new programs close to eternal life on earth as a Fed- Mr. PRICE of Georgia. Mr. Speaker, I for a little cooling off period and get an eral Government program, we see that thank the gentlewoman from Ten- evaluation. borne out every single day. We as con- nessee for coming and providing great The President in his budget came up servatives keep focusing on that spend- light for some of the principles that we with 141 programs that through the ing problem. We keep focusing on ways ought to be holding dear here. evaluation process, an objective eval- to reduce Federal spending. One, we ought to be good stewards of uation process, that could be targets Certainly we have made some in- the taxpayers’ money. We oftentimes for this program. roads. The gentleman mentioned the see Washington just spending too dog- What I would like to talk about to- Deficit Reduction Act which was and is gone much money. People know that. night is the reason why the discussions a plan that is going to yield a savings They understand and appreciate that. we are having tonight are so important for the American people. In this, we They also understand that Repub- and try to add a little sense of urgency saw the 1 percent reduction. How we licans are the team that has the ideas, to the overall issue of the budget for pushed to get those bills in there. Last as Mrs. BLACKBURN said, to decrease 2007. That is the long-term look, the 50- year, we had bills, and the gentleman spending. She has provided great lead- year look at the growth in the Federal from Georgia joined me in sponsoring ership in providing a bill that would re- Government, growth in Federal spend- those bills for 1, 2 and 5 percent across- duce spending across the board at the ing. the-board reductions so that we would Federal level by 1, 2 and 5 percent each. I would argue with just about any- begin to prioritize. So take your pick. Where do you feel body that the single biggest threat to

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H309 our way of life is the growth in Federal sional Budget Office is about 50 per- leagues, are talking about tonight with spending over the next 50 years. Now I cent. There is a margin of error there respect to this year’s budget and next say that with a recognition that we are that is irrelevant when you look at year’s budget and next year’s spending, at war, the global war on terror is im- revenues. The question was asked, can the long look is important. As I said to portant and it is a crisis that we ought we grow our way out of this problem? start with, I believe that this is the to have to deal with, but I think spend- And the short answer was eloquent in single biggest threat to our way of life ing of the Federal Government will its brevity. All three simply said, no, that we face, that is, acknowledging ruin the American way of life. we cannot grow our way out of it. the fact that we are at war with some If you look at studies done by the pretty terrible people. b 2000 Congressional Budget Office, they have Dr. Price, I appreciate you allowing recently posted one to their Website, We cannot grow our way out of it, an me to speak with the group tonight. I CBO.gov. If you look at that long-term elegance to that answer that was deaf- appreciate you allowing me this time, study in the growth in Federal spend- ening in the room. So we cannot grow and thank you for your leadership in ing, it will frighten you or it should our way out of it. this Truth Squad effort as we go for- frighten you and add a sense of urgency It requires us to begin to make ward in the second session of the 109th to the need for what we are doing here choices today that are easier than the Congress. and what we are discussing here to- choices available to us next year, and Mr. PRICE of Georgia. Thank you so night, and that is to try to trim back are clearly easier today than any much, Congressman CONAWAY, for your the rate of growth in this government. choice we will have 3 years from now clarity. Clarity of thought is not often Today, we spend an equivalent regarding how we will begin to reduce seen here in Washington. You have just amount of 20 percent of our gross do- the rate of growth in this Federal Gov- laid out for us, really, a pretty fore- mestic product. It is consumed by the ernment. boding picture that in a relatively Federal Government. That $2.7 trillion, As I have said, in this Chamber we short period of time, less than one life- in round numbers, that we will approve give speeches, and with hyperbole we time, the government, if not changed, for the 2007 budget is about 20 percent typically overreach and puff and brag will spend 45, 50 percent of the GDP on of GDP. Our current tax revenues, all in order to convince our colleagues government, on government programs. revenues for the Federal Government, that our particular argument is cor- That just cannot be done, as you say. are about 18 percent. So we are cre- rect. The positive thing that you mention ating a deficit that we all have to deal But a threat to our way of life, the is we can solve it. We can solve it if we with and decry. Nobody defends the threat to my grandchildren, your all knuckle down and get to work to- deficit and nobody thinks it is the best grandchildren, is there. It is imminent gether, which I think is the uplifting message that we need to give to the way to go, but being an accountant and when you look at the long term. The American people, because it can be a CPA, those are the facts. As the pho- bad news about it is it is not imminent solved. We just have to do it together tographer said, if you want a prettier in the sense that it is going to happen and do it positively. picture, you need to bring me a tomorrow afternoon. We as Americans just tend to deal Thank you so much for coming and prettier face. joining us this evening. But let us look at that spending out with today’s issue, tomorrow’s issue, We are joined now by THELMA DRAKE, over 45 years. In the year 2050, if you maybe next week’s issue; but we rarely want to take a look at 45 years down Congresswoman DRAKE, who is another look at the CBO report, the Federal member of the freshman class and an- Government will consume about 50 per- the road and make some hard choices that we have today. Let me finish up other member of the Official Truth cent of gross domestic product. My col- Squad who oftentimes comes to the with one quick anecdote about the im- league from Atlanta knows the world floor and just provides great insight portance of doing this. has never seen a free market enterprise into so many different areas. She is a I have six wonderful grandchildren country where the central government Representative from Virginia, has that I am incredibly proud of. When I can consume half the GDP and the rest owned a small business, understands talk in the district to town hall meet- of the country prosper on the other what it means to sign the front side of ings and groups like this, I typically half. It just does not work that way. a paycheck, and has great insight into ask all the grandparents to raise their So we have two choices as I see it. the economy and the budget itself. I hands. You get a good smattering of One, reduce the rate of growth and re- want to thank you so much for joining those folks. duce the programs that are not sus- us tonight. tainable and bring the projected I say, which grandparent in the room She is going to talk a little bit more growth in Federal Government in line today would take their grandchildren about the budget. with what tax revenues can be. Or out to their local bank and say, Mr. Local Mrs. DRAKE. Thank you, Congress- of whole cloth, come up with a brand Banker, I want to borrow every dollar man PRICE. I want to thank you for new economic system, a brand new way in this bank, but I want my grand- this effort, because this is a big effort of doing business that will allow the children to sign the note. I want them to bring people together to come and central government to consume half, to be responsible for paying it off. I am talk about America. I really chuckled and the rest of us prosper and grow and going to take the money, and I am when I heard Congresswoman have a better standard of living on the going to spend it on a few good things, BLACKBURN talk about Ronald Reagan’s other half. but I want to spend it the way I see fit. quote, that no program has eternal life Today, we had hearings in the Budget But I want you to look at my grand- like a Federal program. Committee. We had General David children and make them pay off that You will remember, in the Presi- Walker, the head of the Government debt. dent’s budget last year, in our very Accountability Office; we had Douglas There is not a grandparent in the first year as freshmen here, that he did Holtz-Eakin, who was the immediate room that says yes. There is not a propose cuts in programs, and he has past chair or the director of the Con- grandparent anywhere that I know of proposed cuts in programs this year. gressional Budget Office; and we had who would take that. Then I look at The theory behind that is there is no Elizabeth Sawhill from the Brookings them and say that is exactly what we way to end programs without making Institute, three individuals with impec- are doing as a group. Our collective very, very hard choices. But I do ad- cable credentials in this area. They conduct is doing just that. By 2050, we mire that the President and this Con- bring a great deal of credibility to the will have an economic model that can- gress are willing to look at does a pro- table. not be sustained, and the size of the gram work, what are the results, and Today in the hearings they were Federal Government cannot be sup- how could that money be used if it unanimous in the problem we are talk- ported by any level of taxation that were used somewhere else. There are ing about, in their agreement with the would make sense. two things that I hear back home, and problem we are talking. In an attempt to add some sense of one is, when are you going to balance Now GAO’s estimate is about 40 per- urgency to the importance of what our the budget, and when are you going to cent of GDP by 2050, and the Congres- colleagues, you and our other col- control spending?

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H310 CONGRESSIONAL RECORD — HOUSE February 15, 2006 But then, of course, if a program is the American people. The American cent of America. Americans do not re- cut, the next thing I hear is, why was people know that while bricks and alize that 50 percent of our people pay that program cut? Of course, you and I mortar can be torn down, that our re- over 96 percent of the taxes. The top 50 understand, when we say cut, now, solve and commitment to the prin- percent pay 96.5 percent of our taxes. with these programs, we are talking ciples that define us cannot be har- That means the bottom 50 percent about cutting. But usually when some- nessed. wage earners pay 3.5 percent of our one says something was cut, they usu- We have weathered a very difficult taxes. Forty-four million Americans ally mean it is a reduction in the recession. We have weathered the at- are estimated to owe zero Federal growth of spending. I think that is tacks of 9/11. We have experienced the taxes this year and will receive a dol- clear that we need to talk about that burst of the telecom bubble; and now lar-for-dollar rebate for their with- so the public does not believe that we find ourselves, once again, in an holding tax, thanks to the 10 percent there has actually been a reduction. economy that is exploding with growth bracket that was created. With my staff, I look at them and and opportunity. I think it is the least-told story of say, don’t tell me percentages; give me Today our economy is experiencing the year, how great our economy has the dollar amount for last year, the significant growth. Since the second done, the success of the tax policies. I dollar amount for this year, and then quarter of 2003, we have experienced an think it is a story America needs to we can stop talking about cuts. Med- average of 3.8 percent quarterly gross hear, and I thank you for giving us the icaid. We have heard from constituents domestic product growth. Nearly 4.7 opportunity to stand and talk about at home who say I want to talk to you million new jobs have been created America, how great our Nation is, how about cuts in Medicaid. I say, do you since that time, and today’s unemploy- wonderfully our economy is growing, mean the 7 percent growth as opposed ment rate is at 4.7 percent. That is and that we are committed to the poli- to the 7.4 percent growth that was pro- lower on average than the seventies, cies that will continue that growth, jected before? eighties and nineties. 2.1 million jobs continue to improve the lifestyles of But last year as a freshman, when have been created in the past year, and all Americans. people would come to me, and they 193,000 were created in the past month Mr. PRICE of Georgia. What a won- would say the President has cut my alone. derful vision you have created and the program, I would explain the Presi- Congressman PRICE, I would say that great story that you have told about dent’s philosophy, which was, let’s look tells a very important story about our the recovery after 9/11 and the incred- for programs that work, let’s look for Nation. Real after-tax income has ible economy that we have going in programs that don’t. grown by 7 percent since 2001. The av- America right now. Often at home, people do not under- So I would say, maybe the President erage hourly wage is up 3.3 percent stand that. They aren’t getting told has made a mistake, and maybe his in- over the past 12 months, the largest 12- that, certainly not on the nightly news formation is wrong. If you would like month increase in just under 3 years. and not in the newspaper. Thank you to come back to me with the good in- Inflation remains low. Consumer con- formation, we will take it to the Presi- so very, very much for joining us. fidence is at a 3-year high, and home- dent. I also want to just highlight what ownership is at an all-time high. Tax Not one person ever came back. Representative DRAKE said about the I learned as a child in school that revenues for fiscal year 2005 grew by words that are used here in Wash- taxes are what we pay for civilization. 14.6 percent over fiscal year 2004. That ington. So often you hear about cut- We as Americans all believe in that. has resulted in a $120 billion reduction ting this and cutting that. In fact, We know that we have a responsibility in the deficit. things are not being cut. We will talk to Americans who are less fortunate. This is a perfect example that there a little bit more about that in just a We have the grave responsibility of de- is such a thing as taxpayer behavior, minute. fending this Nation, of educating our that when you allow people to keep Oftentimes, things are just decreas- children, that we have huge respon- their own money, they create jobs, ing the rate of increase, which is a lit- sibilities on us. But one of the greatest they save it, they invest it, they spend tle different way to say it, but it has responsibilities, I think, is to ensure it, they grow our economy. I believe, been said that Washington is the only that every dollar we spend of taxpayer and I know that you believe, that our place where a decrease in the amount money is spent wisely. tax policy must support our economy, of growth that was projected is consid- But what I was really thinking and it must grow our revenues. ered a cut. We just have to suffer with about, when I came over here tonight, Congress is currently in the process that. because I came over here tonight to of renewing aspects of the legislation, That is why we are joining you to- talk about how great our Nation is, as the tax cuts, that have brought a lot of night as the Official Truth Squad, to I came to the floor, one of the things I this economic growth about. bring some real facts, some truth to thought was how quickly we as Ameri- But today is not a day to rest on our the issue of the economy. I wanted to cans have recovered since the very dev- laurels. Leadership is about creating a expand a little bit on what I hear at astating attacks of 9/11. vision of where we want to go and how home when people talk about the kind We gathered our strength and our re- we want to get there. It is not enough of news that they see on television or solve and, through the courage of our to create a favorable climate for eco- the kind of things that they most often fighting men and women, have taken nomic growth. This majority has a read in the paper. the battle to the terrorists who despise clear vision of how we can help Ameri- our love of freedom and our open soci- cans succeed in this climate. b 2015 ety. We have risen as a beacon of hope You and I both serve on the House They want to know why are they not to those who live in the Middle East Education and Workforce Committee. hearing these good things about Amer- and yearn for the freedoms that we We both know how hard our committee ica. have. has worked to provide greater edu- To highlight once again some of the Perhaps the most important thing cational opportunities for Americans statistics about our economy, 17 about Americans and what we have from all backgrounds, as well as to pro- straight quarters of growth, 17 straight been attacked for, and please believe vide assistance for prospective employ- quarters of growth. The home owner- me, the targets that they took were ees to receive the skills and training ship rate in our Nation now is at an all- not chosen at random, when the terror- they need to be competitive in today’s time high. Nearly 70 percent of Ameri- ists attacked the Twin Towers on 9/11, workforce. You and I know the com- cans own their own home, 70 percent. they did that because they are impor- mittee will continue to work hard this What an incredible story that is, and it tant symbols to our commitment to year. cuts across all demographic lines and capitalism and to free and open mar- I also think it is important, as I all sectors of our society. And that is kets. They struck us at our core. What close, to just talk about who in Amer- positive. That is a positive thing, that they intended to injure was our spirit. ica pays taxes. One of the things that is a good thing, and it is the result of It was here that they failed, because we have heard over and over again is the economic policies that have been they underestimated the strength of that the tax cuts are for the top 1 per- put in place here in this Congress.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H311 Unemployment rate: 4.7 percent. heard it said oftentimes that in Wash- ply not true. Simply not true. Again, Four point seven percent. And most ington we do not have a revenue prob- you are welcome to your own opinions. economists will tell you that 5 percent lem, we have got a spending problem. You are not welcome to your own unemployment is full employment be- And, indeed, we do. Washington spends facts. cause we have got people looking for too much of the hard-working tax- What about Pell grants, Pell grant jobs or looking to change their job or payers’ money. But I think this chart funding? Pell grants are those grants moving, those kinds of things. Five is telling. Because what this shows that the Federal Government appro- percent is full employment. Right now, from the year 2000, and it is projected priately provides to those individuals our unemployment rate is 4.7 percent. out to the year 2011, there is a dip here who want to seek a higher education Four point seven million new jobs in at about 2002, 2003 in revenue coming degree and they simply do not have the the last 5 years. Good news. Great into the Federal Government. And cur- resources to be able to assist them. news. It really is. rently in 2006, the amount of money What has happened to Pell grants since And because you occasionally get that came into the Federal Govern- the year 2000? Remember the sounds that, this is today’s Wall Street Jour- ment is $2.3 trillion. A lot of money. A that you hear from the other side that nal. The other side likes to talk about lot of money. these cuts have been disastrous, that their third-party validators. Here is a But being an individual who likes to you are cutting and you are slashing? third-party validator, a Wall Street know why things happen, I want to In fact, the annual growth in Pell Journal, front page story today: ‘‘Re- know why that increase occurred; and I grants over the last 5 years average, tail Sales surge 2.3 percent, Under- think it is important to know that at average, a 10.3 percent increase per lining Economy’s Health. A 2.3 percent this point at almost the lowest point of year. That does not sound like a cut to increase in sales. That just shows the revenue over the past 5 years, 6 years me. That does not sound like a cut to kind of wonderful and good economy in this Nation, what happened is that me. that we have got going. So we have got we decreased taxes. We decreased taxes So what this chart shows is signifi- a plan. We have got a plan to continue through the President’s recommenda- cant growth year after year after year, to increase the wonderful performance tions and through the hard work of this billions of dollars over the last 6 years of this economy. Republican Congress, decreased taxes annually. Not a cut. Not a cut. And I wanted to talk a little bit more to all taxpayers in this Nation. that is appropriate. It is appropriate about some truthful aspects that ought And what happens when you put that we do that, but what we are here to be discussed, and Representative more money in people’s pockets? In- tonight to bring to the American peo- DRAKE talked about this, this chart credibly, what happens is that there is ple, Mr. Speaker, are some facts, some here, again trying to bring some truth more revenue that comes into the Fed- truth that we would like to share with to the issue of who pays taxes. Often- eral Government because they become the American people. times, we hear that the wealthy do not more productive. They spend more, but What I would like to do this evening pay any taxes in this Nation at all and they save more, and they have greater in my brief time remaining is to just they have all sorts of ways to get incentive, greater incentive, frankly, bring a little truth and fact to where around paying taxes. And this graph is to work. So the truth of the matter Federal Government spending occurs. so telling because oftentimes we hear, about revenues in this Nation is that Because I think it is important for the Mr. Speaker, that a picture is worth a they are up because of decreases in American people to know and appre- thousand words, and this picture is. taxes. ciate just what their Federal Govern- We have got six bars here. The first Numbers do not lie. Senator Moy- ment is spending their hard-earned tax- bar here is the top 1 percent of wage nihan said everybody is entitled to payer money on. earners in this Nation, and then, on their own opinion, but they are not en- This is a pie chart. It is relatively this ordinate here, we have got the per- titled to their own facts. And the facts simple, and there are about six major cent of taxes that they pay. Out of 100 will show that, in fact, after the tax de- categories of spending that the Federal percent of taxes here in America, what creases what happened is an increase in Government has. And you have heard a percent did the top 1 percent of wage revenue. lot about automatic spending that oc- earners pay? Thirty-four point two Now, oftentimes our friends on the curs, and those automatic areas are the seven percent. Over a third of the taxes other side of the aisle like to say, and, area of Social Security, the area of in this Nation paid by the top 1 percent in fact, we have heard it here tonight Medicare, and 20.5 percent for things wage earners. And if you go on down, and I wrote it down because I hear it so like Medicaid and pensions and the the top 5 percent pay over 50 percent of often but it is put in different ways, like, and then there is net interest. the taxes in this Nation. but we heard tonight that government Then there is the discretionary side, These numbers are not my numbers. assistance to education has been flat which really is the only side that we These are official numbers, and it just under this leadership. ‘‘Government as- have been able to affect to any great is really telling. sistance has been flat.’’ Well, again, degree. One is defense, which is about When we look down at that fifth bar, you are welcome to your own opinions, 20 percent of the Federal budget, and the largest bar there, that is the top but you are not welcome to your own the other is 19.2 percent, which covers percent, 50 percent of wage earners. facts. everything else that the Federal Gov- That is half of the wage earners in this Here are the education totals: The ernment does. So I think it is impor- Nation. And the top 50 percent, as Con- annual growth over the last 5 years, tant to get an appreciation for where gresswoman DRAKE said, pay 96.54 per- the annual growth over the last 5 Federal Government money is going. cent of the taxes. The bottom 50 per- years, 2000, nearly $40 billion in growth Social Security, 21 percent right now. cent of wage earners pay less than 4 in education expenditures from the Medicare, 11.9 percent. Other entitle- percent. Federal Government. Forty billion dol- ments or other automatic spending, So when you hear that the wealthy in lars. In 2001, over $40 billion of growth. 20.5 percent. this Nation are not paying their fair In 2002, nearly $50 billion in growth. We were talking about the amount of share, I do not know about you, but I And you see the other columns there: spending, where the Federal Govern- would say that this distribution is not 2003, 2004, 2005, continual increases. ment spends its money; and the pre- unfair to those at the lower end of our This is not the increase from 1 year to vious pie chart showed what we have scale, and it ought not be. But this is the next. This is the absolute amount right now, in 2005. Currently, the Fed- the truth. This is the truth. When you of money, new money, Federal Govern- eral Government spends 54 percent on hear those other lines and you hear ment money being spent on education. what are called mandatory programs, those other statements, you just know So when you hear people say that the and it really ought not be called man- that it is not the truth. amount of money going into the edu- datory. We could call it automatic. It This chart here talks about the rev- cation of our children and our young is oftentimes called entitlements. enue growth that we have had. This is people has not increased or it has de- But in that portion of this pie chart the amount of money coming into the creased or it has been cut or it is not are Medicare, Medicaid, Social Secu- Federal Government. And you have growing at all or it is flat, that is sim- rity, some Federal pensions and the

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H312 CONGRESSIONAL RECORD — HOUSE February 15, 2006 like. But those are programs that have that we are having, and to remember in the world. It has made it the strong- formula within them that allow them what Senator Moynihan said, and that est country in the world because of just to continue to perpetuate year is that you are welcome to your own that innovation, because of that sci- after year after year. And this area of opinions but you are not welcome to entific discovery. the pie chart is what Representative your own facts. Some of that was done through the CONAWAY talked about. That is the With that, Mr. Speaker, I thank the National Science Foundations. Some of area that will consume 50 percent, 50 leadership once again so very much for that was done through the National In- percent of the entire gross domestic the opportunity to present this hour. stitutes of Health, the National Insti- product. f tutes of Medicine, in conjunction with Currently, this is 20 percent of the other research facilities and with the budget. This, over the next 10 years, MESSAGE FROM THE SENATE private sector. will grow to 62 percent. As you can see, A message from the Senate by Ms. It was very interesting as the Demo- this trend, in 1995, it was 49 percent; Curtis, one of its clerks, announced crats started to consider the need for 2005, 54 percent; 2015, 62 percent. That that the Senate has passed with an reinvestment in America’s innovation trend is one that we cannot sustain as amendment in which the concurrence infrastructure; and we thought about a Nation. It just cannot happen, unless of the House is requested, a bill of the what would it mean at this time to you do what the other side talks about House of the following title: push ahead for the next generation of repeatedly, which is to raise taxes; and, H.R. 32. An act to amend title 18, United innovation, the next generation of as Congressman CONAWAY talked States Code, to provide criminal penalties innovators, the next generation of about, in fact, you cannot even grow for trafficking in counterfeit marks. manufacturing jobs in this country, your way out of it. You cannot even The message also announced that the the next generation of other jobs in raise taxes enough to cover that and Senate has passed a bill of the fol- this country and the economic growth sustain our way of life as a Nation. So lowing title in which the concurrence that could continue to drive the Amer- I think it is incredibly important that of the House is requested: ican standard of living for America’s when we are talking here on the floor S. 1777. An act to provide relief for the vic- families. of the House that we talk about real tims of Hurricane Katrina. As we talked to those who had been facts, real facts, honest information for so very successful in the world of tech- the American people. f nology and biotechnology and venture Mr. Speaker, with that, I would just b 2030 capitalists who have gone forth to try and fund these bright young people and like to say what a pleasure it has been DEMOCRATIC CAUCUS INNOVATIVE their ideas, those people who today are to come before the American people to- AGENDA night and to gather a group of what we the CEOs and the presidents and the are calling the official truth squad of The SPEAKER pro tempore (Mr. founders of some of the most successful primarily the freshmen class. And, Mr. JINDAL). Under the Speaker’s an- companies in the history of the world, Speaker, as president of the freshman nounced policy of January 4, 2005, the American companies in the technology class, Representative JINDAL from Lou- gentleman from California (Mr. field and the biotech field, it is inter- isiana has been wonderfully supportive GEORGE MILLER) is recognized for 60 esting that all of them fully under- of these efforts to bring truth to the minutes as the designee of the minor- stood that they were the inheritors, floor of the House. What a wonderful ity leader. they were the inheritors of that public- thing. Mr. GEORGE MILLER of California. private partnership, of that investment We live in an incredible and a great Mr. Speaker, I am claiming this time that was made in the scientific dis- and a wonderful Nation. It is a Nation on behalf of myself and other col- covery, that investment that was made that has, through liberty and through leagues who will be joining me shortly in new young mathematicians and sci- freedom, benefited more citizens than to talk about what really has made entists and engineers; the fact that ever known in the history of the world. America such an economic power in this country decided that it was impor- We believe, on this Republican side of the world and such a leader in both ec- tant enough for our national security, the aisle, that it is important that gov- onomics and in innovation, and that is for our economic security, that we ernment does do some things, but we in the 1960s when President Kennedy would fully pay people’s way with fel- do not want government running every made the case to send a person to the lowships so they could spend their full part of our life. Moon and to bring that person back time in the quest of that new knowl- There are a couple of things the gov- safely, it was more than a moon shot. edge, those skills, those talents, and ernment should do well. It should de- It was an expression of optimism about achieved their Ph.D.s and other ad- fend us well. It should have a balanced the talent in this country and about vanced degrees in math, science, and budget and be able to keep the commit- the resources in this country. engineering. ments that it makes. We have a clear In the process of sending that indi- All of these people today recognize and a positive plan to build a safer vidual to the Moon and back, we also that when they were starting their world and a more hopeful America. We built a great infrastructure. We built a companies in the garages of California, believe that Washington spends too great infrastructure that consisted of in the small business parks of New Jer- much money, too much of the tax- one of the great public-private partner- sey, in the small business parks and payers’ hard-earned money, and we ships in the history of the world, a the university research labs across this have a commitment to balance the partnership between our academic in- country, they were the inheritors of budget through controlling the growth stitutions, our research institutions, that investment made by this Nation. in spending. the private sector, and the U.S. Gov- They also told us in these meetings The other side, as I mentioned, tends ernment. In putting that partnership that they felt in that public-private to be interested in doing one thing, and together, we created both the physical partnership the public side had been that is raising your taxes. There is a resources to create the rocket ships lagging, the public side had not been plan afoot right now that they have to and the infrastructure at NASA, and keeping up with the kind of invest- increase and raise your taxes. It seems also the intellectual basis and founda- ments that were going to be necessary to be oftentimes the only solution that tion to make the discoveries necessary. if we in fact were going to have long- they have. That is where America has been for term, high-risk, high-reward research But, Mr. Speaker, we were sent to the last 50 years. It has ridden out on taking place in this country, the kind Washington to solve problems. Dif- the point of scientific discovery, of the of research that does lead you to the ficult problems, yes. But my colleagues discovery of knowledge, the acquisition next generation of innovation, to the and I and the official truth squad will of knowledge, and in the resulting in- next generation of jobs and economic be here many, many times over the novation, in the resulting economic growth and world leadership, that we coming months to bring reality to the growth and the world leadership in need to reinvest in that. discussions that we are having, to those areas. It has served this country They talked about how we doubled bring some truth to the discussions well. It has made it the richest country and this Congress made a decision on a

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We will also talk about the fact that to New Jersey and to Boston and to They also noted when we decided to this model is under challenge from California and Seattle talking to peo- double the budgets at the National In- countries in Asia, from India, from ple about this innovation agenda; and stitutes of Health, we did it at a cost to China, from Korea, from Japan, from when we put the innovation agenda to- the physical sciences, that the physical Taiwan; that the idea that America is gether, so many CEOs and venture cap- sciences also had been lagging. It is in- number one, the position we hold in italists and others said this is it, you teresting we see after now having the world today, in innovation, in are exactly on the right track, this is achieved the bipartisan goal of dou- Nobel prizes, in patents issued and what America needs. bling the budget of the National Insti- copyrights, that that is not a position It was interesting to see the Presi- tutes of Health, we see in the Presi- that is ours by birthright. It came be- dent come forward in the State of the Union as you mentioned and embrace dent’s most recent submission a dimin- cause of the investment and the hard the innovation agenda, many compo- ishment, a cutting of that budget of work. nents of this effort. Then it was so dis- the National Institutes of Health while That is now being challenged from all appointing to see the budget that was the President is talking about increas- across the world. People are now able published afterwards, and even more ing the physical sciences, the budgets to take the American model and leap- disappointing when the Republican of the National Science Foundation frog it because of the technologies, be- leadership slammed this innovation and the other governmental research. cause of the scientific discovery that agenda as just simply more spending, This cannot be a rob-Peter-to-pay- we have made. when in fact the President mirrored Paul effort. It cannot be that. This I see one of my colleagues from New what was in our agenda right down to cannot be done by robbing the physical Jersey, Mr. RUSH HOLT, who partici- switch fuels. sciences to help the life sciences or pated in the drafting of the innovation Mr. HOLT. That is right. The Presi- robbing the life sciences to help the agenda for the Democratic Caucus, an dent embraced much of this. This need physical sciences. A great country agenda that has received wide acclaim not be, should not be, a partisan mat- must make advances in scientific dis- from the private sector in terms of our ter. We are presenting tonight some- covery in all of these fields; and clear- ability to go forward again on a new thing we call the Democratic Innova- ly, clearly, that needs to be done if we and higher level of sustained effort at tive Agenda. It doesn’t have to be the are going to attract private capital to scientific discovery and innovation and Democratic Innovative Agenda. We are partner up with the Federal dollars in economic growth. presenting it because for 5 years it the basic researches across the agen- I am delighted to the yield to the hasn’t been presented. It is because cies of this country. gentleman. these things need to be done. These en- We also talked with them about what Mr. HOLT. Mr. Speaker, I thank the trepreneurs, these venture capitalists, would be the driver of much of the new gentleman for yielding. these researchers that we have been innovation, what would give them a When we held our meetings around meeting with said, please do it; it is task which would generate new sci- the country with entrepreneurs, with not getting done. entific discovery and innovation; and business leaders, with scientists, with So we are presenting it, and I guess I many of them said we have got to deal researchers, we found much to be opti- would even challenge the majority to with the energy problem in this coun- mistic about. We are in many ways take this issue away from us if they try. The technology is a big part of still the powerhouse for new ideas, for only would. But in fact we have the America becoming more energy inde- innovation; but the indications are all budget in front of us. The President’s pendent and trying to achieve a sense pointing in the wrong direction. budget, as I say, not only reduces re- of energy independence over the next 10 You do not have to look very far in search and development spending in years in alternative fuels, in alter- my district, and I am sure in yours and total, the NIH budget in real terms will native technologies, in alternative en- just about every district in the coun- decline for the third year in a row, and ergy sources, rather than simply rely- try, to find people who are worried math-science partnerships at the Na- ing on the fossil fuel policy of the cur- about outsourcing. Jobs, indeed, are tional Science Foundation zeroed, ze- rent administration and the current going overseas, the kinds of jobs we roed out. budget of this country. Those kinds of would like to keep here. How in the world are we going to investments in energy. You can go to almost any university, grow the kind of innovative economy They also thought we should try to and you will find that what used to be that we want, that we need, that we recreate a long-term, high-risk, high- the destination of choice for bright stu- used to have, if we are cutting the Na- reward research facility within the De- dents around the world, they wanted to tional Science Foundation? partment of Energy so people could go study in the United States, it is not so Mr. DELAHUNT. If the gentleman out on the edge again of the kind of true any more. Yes, we have good uni- will yield for a moment, I want to wel- knowledge that had to be acquired if versities, but the signs are pointing in come Congressman MILLER and Con- gressman HOLT to the 30-Something we are going to achieve the goal of en- the wrong direction. Group. The two of you have created, of ergy independence. But, once again, What was known over the centuries course, a new definition of the 30- you don’t do it on a nickel-and-dime as good old American know-how, where Something Group, but we will let that policy. You have to make a sustained really every American, every shop- pass for the moment. major commitment. keeper, every farmer, every manufac- When you double the budget of the turer was something of a scientist, b 2045 National Institutes of Health and you they took their education seriously, I think it is important to frame the are looking for the kind of research well, the signs are pointing in the issue that we have, you or Congress- that is so critical to preventative med- wrong direction now. man MILLER, detail for those of us here icine, to dealing with the new commu- Our kids are not competing as well in and those who are watching the inter- nicable diseases that are traveling international comparisons. The Presi- national comparisons that you have ex- around the world and the health care of dent stood in this Chamber a couple of pressed a concern about. Because I this country, you have to make a sus- weeks ago and said it is time to make think we all hear terms like the global tained investment. If you are going to a commitment to research and develop- village and the global economy, and I do it in the physical sciences, you have ment, to science education. Then a few think we recognize that that is the re- to make a sustained investment. days later he presented the budget. In ality. But I know I hear figures, for ex- So that is what my colleagues and I real terms, the Federal R&D portfolio, ample, where China is going to grad- would like to talk about, how America research and development spending, uate a multiple of four or five times

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H314 CONGRESSIONAL RECORD — HOUSE February 15, 2006 what this country will do in terms of The same thing happened with the a promise to the country. We put it out students that have majored in the whole issue when it came down to the in the bill. We negotiated with the sciences and math. 9/11 Commission. We said there should President of the United States. And Mr. RYAN of Ohio. I just want to be a comprehensive review on what now what we find is in this budget the show you the graph that we have here. happened during 9/11. They tried to put President is about $55 billion behind I would like to welcome all the gray together these little partisan commit- where he promised the country he hairs to the 30-Something group. And tees. The American people said they would be on the funding of No Child you, obviously, Mr. DELAHUNT, the gen- wanted it. Thank God for the survivors Left Behind. tleman from Massachusetts, has been of 9/11 and the families that lost loved What is interesting is, while the here for a while, so your gray hair is— ones in 9/11. The President was against President is creating those deficits in Mr. DELAHUNT. Really dark. it. The majority side was against it. education funding, the private sector is Mr. HOLT. The rest of us have been The Republicans, finally, they said, oh, telling us one of the key items in terms here for a while. we should have a 9/11 Commission. of economic growth in this country is Mr. RYAN of Ohio. You brought up What a great idea. to fully fund No Child Left Behind. the issue of global standards, and this But this issue as it relates to innova- They are not telling us, the Federal is a chart that illustrates what you tion and investing in America, I do not Government, to create 100,000 new sci- were talking about. think they are going to come with us. entists. They are saying we want to This is the students who will grad- Mr. HOLT. If the gentleman would partner with you. We will employ these uate with engineering degrees this yield, I am sure he understands that people in internships in summer jobs, year. In China, 600,000; India, 350,000; when I invite the other side to seize in graduate jobs, full-time jobs. We and the U.S., 70,000; and a good portion this issue, I do not mean with just want to work with you because it is so of the U.S. graduates will be foreign rhetoric. We as a country need an in- critical to the future growth of our born who will probably return to one of vestment in education, an investment these countries but fits under the U.S. companies. in research, an investment in innova- These are some of the most success- statistics. How are we going to possibly try to tion. And the irony is our colleagues ful companies in the history of the jump start our economy if we are not were on the floor a few minutes ago world. They are worried about whether going to address this issue? Under our talking about how the economy is or not America will be able to generate innovation proposal we are saying we going to grow. the workforce necessary so they can want to create 100,000 new engineers I will tell you if the economy grows continue to do business in this country and scientists in the next 4 years. We it will be because of productivity and we can have jobs in this country. And what happens? The President are limited to what we can do because growth resulting from investment in a this President and the Republican smart, well-trained workforce and in says he wants to do it in the State of House and the Republican Senate have new ideas; and that means really put- the Union. It is not in this budget, and run up such tremendous budget deficit ting something up more than rhetoric. the new majority leader slams the pro- that we have to pay down. When we get In math and science education, which gram as simply more spending. This in charge we will have to pay down the are critical to this, the President with was not our agenda. This was not par- debt for a while and reduce the deficit, all of the rhetoric and the other side tisan. We specifically laid this out as a but we are focused and we have a way here with all of the rhetoric are now challenge to this Congress, to 435 Mem- to pay for this 100,000 new engineers funding teacher professional develop- bers of Congress to take up what the and scientists in the next 4 years. ment for math and science teaching at private sector now has been telling Mr. DELAHUNT. I think these are less in actual dollars, I do not mean in them for years to do with the perma- the points we have to stress is that the inflation adjusted dollars, less than it nent extension of modernization of the trends, as you allude to, are running in was be funded when the President took R&D tax credits, the full funding of No the wrong direction; and I guess if we office 5 years ago. We have lost ground Child Left Behind, the doubling of the do not jump start with this initiative in actual dollars, not even counting the National Science Foundation, main- and work with our colleagues on the purchase power. taining the doubling of the National other side of the aisle, we are going to Mr. RYAN of Ohio. I want to make a Institute of Health, to get broadband suffer. The future of the 30-something distinction here. This President finds across this country so that economic generation is at risk here. the time and the energy and the com- growth can take place all over the Mr. MEEK of Florida. Congressman mitment to put $16 billion in corporate country in the rural areas, people can HOLT, I just want to tell you real welfare into the energy bill, finds the start jobs, and education can be quick, you said that you hope the ma- time and the energy and the commit- brought there. jority highjacks this issue which the ment to put billions upon billions of And what do we find out? You just President tried to do during his State dollars in the Medicare prescription get a big partisan slam from the Re- of the Union, but his budget does not drug bill that is going to some of the publican side of the aisle. Most of the speak to that, Mr. MILLER. His budget most profitable industries in the coun- CEOs who helped us draft this program does not speak to innovation. He is try, including the pharmaceutical in- and consulted with us in Boston and in saying one thing, and he is going in an- dustry. So the fact of the matter is we California and in Austin and in North other direction. Because for him to cut have got a President who is committed Carolina are Republicans. But they can student aid to students to even start as he could possibly be to corporate see the challenge of what China and the whole innovation moment, edu- welfare for the most profitable indus- India that Mr. RYAN just talked about. cation is the way Americans have tries in the country, but yet we just The trend line for American scientists bettered themselves. Individuals have want to train math and science teach- and engineers is going down; in our gone to college for the first time. Com- ers. We just want to create 100,000 new most fierce competitors it is soaring munities are better because of it. engineers and scientists, Mr. President. up. Now this President wants to come That is all we want to do, Mr. Speaker. Mr. DELAHUNT. Can I suggest that and he says the word ‘‘innovation’’ Mr. DELAHUNT. And we want to what we will see with that trend line in that means that we are heading in that fully fund, if the gentleman would terms of the increase of the number of direction. It does not necessarily mean yield, we want to fully fund the land- scientists and mathematicians and that. mark legislation that was passed in a computer personnel is those jobs, those So I believe, unlike what they have bipartisan way under the leadership of well-paying jobs will also trend to- done in other areas, we have talk about Mr. MILLER and others and Republicans wards China and India and OPEC and homeland security and international that was described as the No Child Left all those countries that we are bor- strategy. They highjacked it and said Behind Act. rowing from today. And we discussed it was theirs. The President was What has happened to that, Mr. MIL- this last night, that we have borrowed against it for many weeks and months. LER? from that, are funding those tax cuts He finally saw it our way because our Mr. GEORGE MILLER of California. that translate into 1 percent of Ameri- way was the American people’s way. What has happened to that is we made cans, the most affluent, receiving 40

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H315 percent of the benefits. We are putting growth comes from, and it is probably laudable goals.’’ That is the CEO of ourselves on a trajectory that will put worth taking a moment to talk about Cisco Systems. America permanently behind. the difference between authorization How about the Federal Government Mr. GEORGE MILLER of California. and appropriation. affairs managing director of Microsoft: And that is what this is about. We have Authorization is what the Congress ‘‘The policy agenda announced today lost a huge number of manufacturing says we need to do for the coming by Democratic Leader PELOSI and her jobs overseas. We have lost other jobs years. Appropriations is whether you colleagues in the House Democratic overseas. This is a fight and a struggle are going to put some meat behind it. Caucus to promote investment in edu- to make sure that there will be new Rhetoric is cheap. cation, research and development and jobs created in America. I think it is The National Science Foundation innovation marks a positive step for- called the Advanced Manufacturing As- was supposed to be, according to the ward in the struggle to maintain our sociation, many people out of the Mid- majority, on a doubling path. It is not. Nation’s competitive edge in the global west, in Mr. RYAN’s area who are wor- As I just told you, it is actually de- marketplace . . . At Microsoft, we are ried about the next generation of man- creasing. committed to changing the world ufacturing in this country. That is No Child Left Behind, as Mr. MILLER through innovative technology and, in going to come through scientific dis- pointed out, is $55 billion behind what order to fulfill that commitment, we covery and innovation, and that is was authorized, in other words, what need a pool of well-educated, skilled what we are trying to promote here, was determined to be necessary to workers. We ask Congress to give these and what you get from the Republicans carry it out. issues serious consideration and sup- is ‘‘we are not going there.’’ Now, let me put this in terms of a port.’’ Mr. MEEK of Florida. Mr. MILLER, typical classroom has been short- This is the CEO of Cisco Systems. the real issue here is that Mr. HOLT changed about $25,000. Now, ask a This is the Federal Government affairs talks about the good old American teacher what she or he could do over director at Microsoft. This is not TIM spirit and being able to say that we the last few years with an extra $25,000 RYAN from Ohio who is toeing the line want to conquer, we want to move for- for teacher training, for special pro- for the Democratic Party. This is the ward with innovation. grams, for technology, for what it CEOs, many of them Republicans, say- You talk about the support, your takes to have what we have demanded ing this is the kind of investment we support of No Child Left Behind; and, through No Child Left Behind. need to make. Go to our Web site and as you know, many States, Republican Mr. GEORGE MILLER of California. you can see the whole packetful of governors and Democratic governors Mr. Speaker, I yield back the balance quotes that will be up there from CEOs have sued the U.S. government on the of my time. from around the world. underfunding of No Child Left Behind. f Mr. MEEK of Florida. They are beg- I just want to make sure and our ging. good friend, Mr. JAY INSLEE is here, 30-SOMETHING WORKING GROUP Mr. RYAN of Ohio. They are begging and I am willing to give up the podium The SPEAKER pro tempore (Mr. for the leadership that we should be because he has been working on this JINDAL). Under the Speaker’s an- providing in this Chamber. issue. But for a very long time, Mr. nounced policy of January 4, 2005, the Mr. MEEK of Florida. They deserve HOLT, Mr. MILLER and others, you have gentleman from Ohio (Mr. RYAN) is rec- it. been a part of putting together this in- ognized for the remainder of the hour Mr. RYAN of Ohio. Mr. Speaker, I novation agenda that we have, printed as the designee of the minority leader. yield to the gentleman from Wash- well before the President’s State of the Mr. RYAN of Ohio. I accept the time, ington (Mr. INSLEE), my good friend. Union as he comes up to say words of Mr. Speaker. Mr. INSLEE. Mr. Speaker, I appre- quote/unquote wisdom and encourage- I wanted to, first of all, thank Mr. ciate you mentioning this little small ment, but at the same time put action MILLER for his leadership. I am able to business that has had a little success, behind it. sit on the committee with him, on the it is called Microsoft, in my district We have put action behind it. We as Education Committee, and we go that has been one area that has recog- House Democrats have asked the ma- through these struggles all the time. nized the power of innovation. There jority to be a part of this experience of But before we get to our friend, Mr. are many others in my district. innovation. You are challenging the INSLEE from out west, who is very fa- I will just tell you, I want to mention majority. But I am telling you, Mr. miliar with technology because of the a couple of my favorite constituents, HOLT, I kind of know these folks right mass amounts in his district, I want to about why they believe this Demo- now. I kind of know they say one thing put forth before I do that the 30-Some- cratic Innovation Agenda makes sense, and they do another. And the issues thing Group is pretty consistent. We do that we should seize the creative pow- that Mr. RYAN pointed out is the fact not want this to be about BILL ers of Americans and put it in harness. that it is not attractive to them for DELAHUNT or RUSH HOLT or KENDRICK One of my favorite constituents, my them to go out of their way to do what MEEK or GEORGE MILLER saying some- mother, I talked to her today, and she they need to do on behalf of their con- thing. was brimming with laughter. We had a stituents and also on behalf of the great talk, and it was great to hear her b 2100 American people. laughing because she went through a And I urge the majority, I challenge We want to have a third-party tough patch with some health problems the majority to go on the validator, and so before we kick it over about 6 months ago, and it was a tough HouseDemocrats.gov, get a copy of our to the gentleman from Washington time for her. innovation agenda that talks about (Mr. INSLEE), I just want to say what Since then, she has got on a medical how we can put this country on the some high-tech CEOs are talking about technology that was developed in Se- right track, not in a matter of 20 or 40 when they refer to our innovation attle by some brilliant doctors doing or something years but right now. We agenda, the Democratic Innovation research in basic and applied research; can start right now with that invest- Agenda. and because of their work now done ment. John Chambers, president and CEO of over a decade ago, my mother was So I want to thank Mr. MILLER and Cisco Systems, Incorporated: ‘‘The in- laughing today and probably is alive yourself and others who spent a lot of novation agenda focuses on the right today. The reason that she was laugh- time to put this together, not to just issues for building on our Nation’s ing today is that someone had the keep the printer in business but to competitiveness, from investing in wherewithal and the foresight to make make sure that we can do the things basic R&D, expanding science and an investment in basic research med- that we need to do on behalf of the math education and broadband infra- ical technology involving the blood American people. structure, to creating a globally com- system over 10 years ago. Mr. HOLT. If the gentleman would petitive business environment . . . I We have rolled out this idea to in- yield, he is absolutely right to use the look forward to working with both crease and accelerate research in med- word ‘‘investment.’’ That is where the sides of the aisle to implement these ical technology because we belief there

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H316 CONGRESSIONAL RECORD — HOUSE February 15, 2006 are a lot of people that can use this; asked for. This President, who is so- to take lines from our speeches, and we but unfortunately, the budget the called conservative, oh, we want to hope that it could be mean a real shift President has submitted to Congress watch spending, has not vetoed one in policy. today, we had Mr. Leavitt, Secretary of spending bill. This is the biggest bor- Unfortunately, the very week that Health and Human Services today, he row-and-spend administration almost the President said we needed to break let us know that they are proposing to in the history of this country. Here is our addiction to oil and said we needed cut blood research by $20 million. At the chart to prove it. It is. The Presi- to do more research into new energy this time of the most rapid time of po- dent, not by himself, his picture is technology, the same week he said tential scientific growth, when we have here. We should have the Republican that, his administration gave the pink mapped the human genome, when we Conference here because they helped slip to 100 researchers at the Renew- could be looking at the dawn of med- him make this history. Unfortunately, able Energy Lab in Colorado, the very ical technology, that we could make it is bad for Americans. sort of warriors that we expect to help penicillin look like a small investment, There was $1.05 trillion borrowed us develop these new clean energy they want to cut medical research. from foreign countries, $1.05 trillion sources. In his budget, he laid off I Mr. HOLT. Mr. Speaker, if the gen- that he has done and accomplished in 4 think it is something like 20 percent of tleman would yield, just on that sub- years. Forty-two Presidents, including the researchers at the very lab that we ject very quickly, the budget that the his father, were not able to accomplish want, as Democrats, in our proposal to administration that President Bush that goal. beef up. The reason we want to beef it presented to us a week or so ago cuts Mr. DELAHUNT. Combined. up is we have seen the incredible pro- the funding in 18 out of 19 institutes at Mr. MEEK of Florida. They borrowed ductivity gains that have been ob- the National Institutes of Health, in- $1.01 trillion, World War I, World War tained already. cluding the National Cancer Institute II, Korean War, Great Depression, and Eighty percent decreases in the cost by $40 million and the National Heart, every other issue that we had facing of solar cell technology in the last 12 Lung and Blood Institute by $21 mil- the country, economic slowdowns, years, 80 percent. While gas and oil lion. what have you, gas prices, what have have gone through the roof, solar cell Mr. INSLEE. Mr. Speaker, I will just you, were unable to borrow from China, technology has gone down 80 percent. mention my other constituent who is a Saudi Arabia and other countries. Mr. HOLT. Mr. Speaker, would the friend of mine. I will just call him Bill. So when we talk about the will of gentleman care to answer a question He is a 55-year-old guy, great guy, this administration and what they are for me: How does the President propose plays basketball. He had prostate can- doing and what the President says and to broke our, as he calls it, addiction cer. He is being treated now with new they do another thing, he cannot do it to oil, and indeed, we do need to be technology developed, again, in Se- by himself. He needs this Republican weaned from our dependence on oil, if attle, bragging about the hometown majority, and that is the reason why his budget, presented a few days after team a little bit here, about three or 4 the American people, Mr. Speaker, the State of the Union here in the years ago. We hope things are going to have to make a change in providing the House, provides funding for renewable go well. kind of leadership that they need in energy and energy efficiency below the We have rolled out saying we should this Congress to make sure that they level at which it existed when he took accelerate our budget for research into are represented. office 6 years ago? cancer because we are on the cusp of So I am so glad that the gentleman Mr. INSLEE. Well, that is what we some major breakthroughs, principally from Washington (Mr. INSLEE) is here call in the business a rhetorical ques- because of our genetic development to because you represent the very people, tion, and we were just optimistic. We map predisposition and risk factors to they are in your district, that are talk- all walked down the steps 6 inches in this regard. But what does the Presi- ing about innovation. Mr. RYAN read it the air when the President said this dent’s budget want to do? They want to off. These are statements that these the other day; but the next morning cut $40 million out of the cancer budget CEOs have made. They are literally reading the budget, it was just a slap in for research this year, $40 million. begging. They are saying we hope y’all the face. It was a slap in the face to They want to cancel 634 grant pro- work together. We had the creator of anyone in America who believes that grams now existing for research in ‘‘Star Wars’’ here the other day. He we truly do need to have new techno- some of these emerging fields. said I hope y’all get together; you are logical advances. Mr. RYAN of Ohio. Mr. Speaker, talking about the same thing. What we are proposing is that we would the gentleman yield for just 10 The difference between what the Re- should grab a hold, as we did in the seconds. This is at the same time that publicans are saying and what we are new Apollo energy project or the origi- this President and this Republican saying, we actually mean it. We will do nal Apollo energy project, we need a House and the Republican Senate have it if given the opportunity. They are in new Apollo energy project that will the political gumption to give $16 bil- control. They have the majority. They have the same type of creativity and lion in corporate subsidies to the en- agenda the bills before committee. challenge to the American people that ergy companies and billions upon bil- I am sorry, but we both asked for 10 Kennedy had in his State of the Union lions of dollars in corporate welfare to seconds and we took 20. speech on May 9, 1961. He said we are the health care industry and the phar- Mr. RYAN of Ohio. I only took 15 or going to the Moon in 10 years. We did maceutical companies, at the same 20 seconds. You took a minute and a it. We now need a budget that will say time they are cutting these programs. half. we have the same degree of aggression I just want the American people, Mr. Mr. MEEK of Florida. I will admit to and optimism that we had in that to Speaker, to be aware of what is hap- that. wean ourselves off of foreign oil. Noth- pening here. They are not just cutting Mr. RYAN of Ohio. For the record. ing else will do. this stuff because we are in tight fiscal Mr. INSLEE. Mr. Speaker, just on We Democrats are proposing to take times. They are cutting it, and at the that note about the difference between a major step forward in that regard same time giving corporate welfare to rhetoric and reality, it can be pretty with flex fuel vehicles, which are on the tune of billions upon billions upon stunning here in Washington, D.C. the street today. We just need to get billions of dollars to the wealthiest in- The President said something that more of them by using cellulosic eth- dustries in the country, to the most was a profound shift from his policies anol which increases the return per profitable industries in the country. of the last 5 years when he said that acre of biofuels by a factor of three to Mr. MEEK of Florida. Mr. Speaker, I the Nation had to break our addiction four above existing ethanol levels. just want 10 seconds, too. to oil during his State of the Union That is what we need to do. The Republican side says, trust me. I speech, which was amazing for him to Mr. DELAHUNT. If I may, you sum it guarantee you that the President can- say because every policy that he has up so well and yet you have to make an not do it by himself. He needs this Re- championed up to now has continued investment; and the reality, as we have publican Congress to do it, and they that addiction to oil. Nonetheless, we discussed, is that investment is not have given him everything that he has welcomed it. We always welcome him forthcoming. It just is not because, as

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H317 Mr. RYAN indicated, it is going else- neers that he needs. He was asking us, $249.8 billion from China; and yesterday where, and it is going to feed that cor- as we lay out in our innovation pro- we had a hearing in the International porate welfare that is eating the budg- posal, to reward risk takers and entre- Relations Committee that discussed, et, along with tax cuts for the most af- preneurs, to protect intellectual prop- and the Republican chairman and oth- fluent of America. erty, to do those things that make it ers that were clearly from the right of Mr. MEEK of Florida. Mr. Speaker, possible for innovators to succeed in the political spectrum were describing could you say that again just in case a the United States. China as a potential enemy and adver- Member might have walked into his of- So it is not just about spending. The sary, and yet we are borrowing money fice and walked away? innovation creates the agenda, it cre- from the Chinese to support tax cuts Mr. DELAHUNT. Well, there is only ates the atmosphere as well as the for wealthy Americans. so much money. The pie is not infinite, pipeline for that innovative economy Mr. HOLT. Could the gentleman tell and the pie gets bigger around here be- that we are talking about. That is what us, if the Republican budget is carried cause this administration and this Con- George Lucas was saying when he was out this year, how much more we will gress authorize the borrowing of money here yesterday. have to borrow in the next year? I can that we will have to pay back in the fu- Mr. MEEK of Florida. He was not tell you it is going to be about $400 bil- ture with interest to China, to India, to asking, he was literally begging for the lion, added to various columns on your the OPEC nations, and to other inves- Congress to work together in a bipar- chart there. Some of it will be bor- tors. tisan way to make it happen. Just the rowed here in the United States, but a So there is nothing left, other than day before he was with us, the Presi- large number of dollars will be bor- the rhetoric that we hear, to invest in dent gave him the National Technology rowed from Japan, China, U.K., Carib- the priorities that we believe the Award. We are talking about walking bean countries, Taiwan, OPEC, and American people would embrace such the walk, not just talking. The bottom Korea, as you show here. as innovation. Let me just cite one ex- line is he came and he understood. We ample, if I can. were committed prior to the tech- Mr. DELAHUNT. I find it particu- This is a report by The Washington nology award being awarded. larly interesting that we are borrowing Post less than a month ago, and re- We have a chart before Mr. money from OPEC. Not only are we member, Democrats have had nothing DELAHUNT, and it is one thing for us to purchasing oil from OPEC, but we are to do with this because we are barred let the Republican majority know what borrowing money from OPEC. And yet by Republicans from participating in they can do if they really want to do it. to hear the rhetoric in this Chamber the behind-closed-door negotiations to It is another thing for us to break it and our committee rooms about OPEC, establish those priorities. Think of down. I want to make sure that the one would consider them, well, to use what a democratic process that is. Let American people understand that we George Lucas, the Darth Vader of the me read to you: are about making something happen. international order in terms of its im- ‘‘House and Senate GOP negotiators, Regardless of who gets the credit, we pact on America. Mr. Speaker, we have meeting behind closed doors last are working on behalf of the American borrowed, we owe them almost $70 bil- month to complete a major budget-cut- people and the American spirit, taking lion. What are we doing? ting bill,’’ this was their effort to save from Mr. HOLT and what he says all the Mr. RYAN of Ohio. If the gentleman money, ‘‘agreed on a change . . . that time. That is what took us to the would yield, I want to make a point would save the health insurance indus- moon. That is what brought us up front that we have kind of left out when try $22 billion over the next decade, ac- as it relates to innovation and inven- talking about technology. We talk cording to the nonpartisan Congres- tions, being the first. about the $682 billion from Japan and sional Budget Office.’’ Mr. Speaker, I yield to Mr. the $249 billion from China that we are b 2115 DELAHUNT. borrowing. Mr. DELAHUNT. Let me refer to this Earlier in the evening, we talked One version would have targeted pri- chart. I think it is very telling. How about the 600,000 engineers that are vate HMOs participating in Medicare can we afford those tax cuts that are going to graduate in China. They are by changing the formula that governs trillions of dollars at this point in taking, they are basically lending us reimbursement, lowering the payments time, particularly if they ever became money, we are paying them back with to those insurance companies by $26 permanent. interest, and they are investing that billion over the next decade. But after Mr. RYAN of Ohio. Tax cuts for the money right here to train engineers to lobbying by the health insurance in- wealthiest 1 percent of the people in the tune of 600,000 a year. dustry, the final version made a crit- the whole, entire country. Do you think these engineers are ical change that had the effect of Mr. MEEK of Florida. Do not leave working just in private industry in a eliminating all but $4 billion, accord- out the oil industry. ing to CBO. Mr. DELAHUNT. I will not leave out communist country? No, they are In other words, they turned around the oil industry or the pharmaceutical working for the Chinese military. They and said we apologize to those HMOs, industry. We just heard what happened are working on the next-best tech- those insurance companies, and we will behind closed doors. But how are we af- nology that the Chinese military, their give you back $22 billion of the $26 bil- fording to do that and at the same time communist government, could maybe lion, and we will not let it happen ignoring the kind of initiatives that put up possibly in the international again. Think of what we could do with are embraced in this project for inno- community. We are funding our own that $26 billion in terms of innovation. vation that we have been discussing enemy’s military because we are fis- Mr. HOLT. My colleague from Flor- and that the President speaks about cally reckless here at home. ida mentioned George Lucas, the writ- but does not fund. Mr. MEEK of Florida. Mr. Speaker, I er, director, producer of Star Wars, Let me tell you how we take care of want to thank the gentleman for point- who was here yesterday to talk about the corporate welfare program and how ing that out. this Democratic innovation agenda. we take care of those tax cuts. We bor- I have a picture here of Secretary The point I wanted to emphasize is we row or they borrow. The Republican Snow, appointed by the President and are not just talking about government majority borrows the money. I think it confirmed by the Republican Senate. I spending, we are talking about invest- is particularly dangerous to do that think it is important to understand, ing so that innovators like George not just because it will create deficits when you start talking about what is Lucas, and you might say that is just that could very well implode our econ- going on, how we are borrowing and entertainment. Well, that is innova- omy and reduce the United States in how they are out of control on the Re- tion. It makes money for the United terms of its economic capacity and fu- publican side. Here is a blown-up letter States. In fact, he probably has done ture, but in addition it is dangerous be- dated December 29, 2005, literally the more for our balance of trade than any cause from whom do we borrow this Secretary of the Treasury begging that other single individual you can name. money? we need to raise the debt limit because But he was asking us to train the As of November, 2005, this is what the we will be able to continue to finance bright kids, the scientists and engi- chart reveals: $682 billion from Japan; government operations. This is not

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H318 CONGRESSIONAL RECORD — HOUSE February 15, 2006 government operations of Iraq or Af- war. That is a very sad irony, if not a minute Special Order speech of the ghanistan. This is government oper- joke. gentleman from California (Mr. ations of these United States. I wanted to point out one thing be- GEORGE MILLER) is vacated. Secretary Snow, I go back, and rep- fore we finish, an aspect of the Demo- There was no objection. etition is good because I want to make cratic Innovation Agenda that we have f sure that folks understand. Gentlemen, not talked about, and that is our ef- THE END OF DOLLAR HEGEMONY I want to say this, and you cannot say forts to help small businesses innovate this enough. They have broken records, because Democrats recognize that The SPEAKER pro tempore. Under borrowing $1.057 trillion from foreign small businesses are tremendous en- the Speaker’s announced policy of Jan- nations. Like I said before, the Presi- gines of innovation. That is where a lot uary 4, 2005, the gentleman from Texas dent cannot just do this by himself, so of our creative genius comes out. I (Mr. PAUL) is recognized for 60 minutes. I am going to put a picture of the Re- want to point out a few things that we Mr. PAUL. Mr. Speaker, my Special publican leadership there to say they have proposed to make sure that small Order tonight deals with the subject, are a part of this incompetence as it re- businesses are successful in innovating, the end of dollar hegemony. Mr. Speak- lates to borrowing from foreign nations and one is we have a constellation of er, 100 years ago it was called dollar di- that we have concern about like China. proposals that will help small busi- plomacy; after World War II and espe- So, Mr. DELAHUNT, you have hit the nesses across what is called the valley cially after the fall of the Soviet Union nail right on the head. Mr. HOLT, you of death which is where they cannot in 1989 the policy had all been to dollar are 210 percent right. We cannot talk get financing when they have a good hegemony. about innovation, but in the meantime idea but cannot quite get to commer- After all of this great success, our we have other priorities with the spe- cialization. We would make sure that dollar dominance is coming to an end. cial interest. I think it is important. I the Small Business Innovation Re- It has been said, rightly, that he who want to make sure that staff gets a pic- search Program is held up and sup- holds the gold makes the rules. In ear- ture of the Republican conference be- ported. This administration is actually lier times it was readily accepted that cause I think it is important. I think cutting the availability of small busi- fair and honest trade be required in an we need to put the pressure on not only nesses to use the innovation grant pro- exchange of something of real value. on individual decisions but on decisions gram to get their innovations to mar- First, it was simply barter of goods, that the majority has made that has ket. They purport to believe in the and then it was discovered that gold put this country in the back seat as it power of business but will not help held a universal attraction and was a relates to innovation and as it relates them with that. convenient substitute for more cum- to many other areas that we should be Second, we propose that we will help bersome barter transactions. leading in. reward risk taking and entrepreneur- Not only did gold facilitate exchange Mr. HOLT. A little earlier this ship by promoting broad-based stock of goods and services, it served as a evening folks on the other side were options, and not just for top dogs in store of value for those who wanted to saying that revenues have continued to corporations but for the rank and file. save for a rainy day. Though money de- grow because of the tax cuts. No, what Third, we want to protect intellec- veloped naturally in the marketplace has grown because of the tax cuts is tual property by making sure that pat- as governments grew in power, they as- this deficit, this borrowing. So much of ent fees go to help the patent process sumed monopoly control over money. it from China, Japan, even OPEC, as so these businesses can get their pat- Sometimes governments succeeded in my friend from Massachusetts has ents. guaranteeing the quality and purity of pointed out. Fourth, we want to help specially gold; but in time, governments learned Mr. DELAHUNT. I think it was inter- tailored guidelines for small businesses to outspend their revenues. esting to hear our friends and col- to help with the Sarbanes-Oxley re- New or higher taxes always incurred leagues on the other side say we have quirement in accounting. the disapproval of the people, so it was to hold them accountable in Wash- I point these out because I think it is not long before the kings and caesars ington. We have to hold those bureau- fair to say that the Democrats have learned how to inflate their currencies crats, we have to hold them account- put forth four very concrete proposals by reducing the amount of gold in each able. Let us get on with the job. I find to make sure small businesses can coin, always hoping their subjects that confusing. thrive in a challenging environment. would not discover the fraud. But the I thought, now maybe you can give That is important because we know people always did, and they strenu- me some guidance here. I thought the that government is not the source of ously objected. Republicans were the majority party in all great ideas in our society. We want This helped pressure leaders to seek this House and in the Senate for a sub- small businesses to achieve, and we more gold by conquering other nations. stantial period of time, and I am con- have good proposals for that to happen. The people became accustomed to liv- fident that President Bush was elected Mr. RYAN of Ohio. Mr. Speaker, I ing beyond their means and enjoyed in 2000 and it is 2006 and it has been 6 yield to Mr. HOLT and thank him for the circuses and bread. Financing ex- years. Who is in charge? Who is in his good leadership. travagances by conquering foreign charge, Mr. Speaker? Mr. HOLT. I thank the Thirty-Some- lands seemed a logical alternative to They are the ones that should be held thing group for allowing us to join you. working harder and producing more. accountable. This is not about bureau- Yesterday with Mr. Lucas, he and I Besides, conquering nations not only crats. I understand it is an election were the only ones there with gray brought home gold; they brought home year and all of a sudden they are going hair. I thank you for having us here to- slaves as well. Taxing the people in to position and posture themselves as night. conquered territories also provided an outsiders. Outsiders, that is a bad joke. Mr. RYAN of Ohio. Mr. Speaker, to incentive to build empires. They run this place. They run this get ahold of us, any of the Members This system of government worked town. They know how to exercise who are in their offices or anyone else, well for a while, but the moral decline power. the Website is of the people led to an unwillingness to Mr. RYAN of Ohio. In fact, I thought www.housedemocrats.gov/30Something. produce for themselves. There was a that was a joke. In fact, I wrote it All of the charts you saw here tonight limit to the number of countries that down in a journal, and I laughed about are available on our Web site, and we could be sacked for their wealth, and it later in the day because I thought it will be back in an hour. this always brought empires to an end. was a joke. Then I find out that they f When gold no longer could be obtained, are serious. b 2130 their military might crumbled. In Mr. Speaker, I yield to Mr. INSLEE. those days, those who held the gold Mr. INSLEE. Under the current con- ANNOUNCEMENT BY THE SPEAKER truly wrote the rules and lived well. trol of the Federal Government, if PRO TEMPORE That general rule has held fast China invades Taiwan, we will have to The SPEAKER pro tempore (Mr. throughout the ages. When gold was borrow money from China to fight the CONAWAY). Without objection, the 5- used and the rules protected honest

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H319 commerce, productive nations thrived. ticulated, the seeds of the American it, not even a presence of gold convert- Whenever wealthy nations, those with empire were planted, and they were ibility, none whatsoever. powerful armies and gold, strived only destined to grow in the fertile political Though the new policy was even for empire and easy fortunes to support soil of a country that lost its love and more deeply flawed, it nevertheless welfare at home, those nations failed. respect for the Republic bequeathed to opened the door for dollar hegemony to Today, the principles are the same, us by the authors of the Constitution. spread. Realizing the world was em- but the process is quite different. Gold Indeed they did. It was not too long be- barking on something new and mind- is no longer a currency of the realm; fore dollar diplomacy became dollar boggling, elite money managers with paper is. The truth now is he who hegemony in the second half of the 20th especially strong support from U.S. au- prints the money makes the rules, at century. thorities struck an agreement with least for the time being. Although gold This transition only could have oc- OPEC to price oil in U.S. dollars exclu- is not used, the goals are the same: curred with a dramatic change in mon- sively for all worldwide transactions. compel foreign countries to produce etary policy and the nature of the dol- This gave the dollar a special place and subsidize the country with mili- lar itself. Congress created the Federal among world currencies, in essence tary superiority and control over the Reserve system in 1913. Between then backed the dollar with oil. In return, monetary printing presses. and 1971, the principle of sound money the U.S. promised to protect the var- Since printing paper money is noth- was systematically undermined. Be- ious oil-rich kingdoms in the Persian ing short of counterfeiting, the issuer tween 1913 and 1971, the Federal Re- Gulf against threat or invasion or do- of the international currency must al- serve found it much easier to expand mestic coup. This arrangement helped ways be the country with the military the money supply at will for financing ignite the radical Islamic movement might to guarantee control over the war or manipulating an economy with among those who resented our influ- system. This magnificent scheme little resistance from Congress while ence in the region. seems the perfect system for obtaining benefiting the special interests that in- The arrangement gave the dollar ar- perpetual wealth for the country that fluence Congress. tificial strength with tremendous fi- issues the de facto world currency. Dollar dominance got a huge boost nancial benefits for the United States. The one problem, however, is that after World War II. We were spared the It allowed us to export our monetary such a system destroys the character destruction that so many other nations inflation by buying oil and other goods of the counterfeiting nation’s people suffered, and our coffers were filled at a great discount as dollar influence just as was the case when gold was the with the world’s gold. But the world flourished. currency, and it was obtained by con- chose not to return to the discipline of This post-Bretton Woods system was quering other nations. This destroys the gold standard, and the politicians much more fragile than the system the incentive to save and produce while applauded. Printing money to pay the that existed between 1945 and 1971. encouraging debt and runaway welfare. bills was a lot more popular than tax- Though the dollar-oil arrangement was The pressure at home to inflate the ing or restraining or unnecessary helpful, it was not nearly as stable as currency comes from the corporate spending. In spite of the short-term the pseudo-gold standard under welfare recipients, as well as those who benefits, imbalances were institu- Bretton Woods. It certainly was less demand handouts as compensation for tionalized for decades to come. stable than the gold standard of the their needs and perceived injuries by The 1944 Bretton Woods agreement late 19th century. others. In both cases, personal respon- solidified the dollar as the preeminent During the 1970s, the dollar nearly sibility for one’s actions is rejected. world reserve currency, replacing the collapsed as oil prices surged and gold When paper money is rejected, or British pound. Due to our political and skyrocketed to $800 an ounce. By 1979, when gold runs out, wealth and polit- military muscle, and because we had a interest rates of 21 percent were re- ical stability are lost. The country huge amount of physical gold, the quired to rescue the system. The pres- then must go from living beyond its world readily accepted our dollar, de- sure on the dollar in the 1970s, in spite means to living beneath its means fined as 1/35 of an ounce of gold as the of the benefits accrued to it, reflected until the economic and political sys- world’s reserve currency. reckless budget deficits and monetary tems adjust to the new rules; rules no The dollar was said to be as good as inflation during the 1960s. The markets longer written by those who ran the gold and convertible to all foreign were not fooled by LBJ’s claim that we now defunct printing press. banks at that rate. For American citi- could afford both guns and butter. Dollar diplomacy, a policy instituted zens, however, it remained illegal to Once again, the dollar was rescued, by William Howard Taft and his Sec- own. This was a gold exchange stand- and this ushered in the age of true dol- retary of State, Philander C. Knox, was ard that from inception was doomed to lar hegemony, lasting from the early designed to enhance U.S. commercial fail. 1980s to the present. With tremendous investments in Latin America and the The U.S. did exactly what many pre- cooperation coming from the central Far East. McKinley concocted a war dicted she would do: she printed more banks and international commercial against Spain in 1898 and Teddy Roo- dollars for which there was no gold banks, the dollar was accepted as if it sevelt’s corollary to the Monroe Doc- backing. But the world was content to were gold. trine preceded Taft’s aggressive ap- accept these dollars for more than 25 Federal Chairman Alan Greenspan, proach to using the U.S. dollar and dip- years with little question, until the on several occasions before the House lomat influence to secure U.S. invest- French and others in the late 1960s de- Banking Committee, answered my ments abroad. manded we fulfill our promise to pay 1 challenges to him about his previously This earned the popular title of ‘‘dol- ounce of gold for each $35 they deliv- held favorable views on gold by claim- lar diplomacy.’’ ered to the U.S. Treasury. This re- ing that he and other central bankers The significance of Roosevelt’s sulted in a huge gold drain that had gotten paper money, that is the change was that our intervention now brought an end to a very poorly devised dollar system, to respond as if it were could be justified by the mere appear- pseudo-gold standard. gold. Each time I strongly disagreed ance that a country of interest to us It all ended on August 15, 1971, when and pointed out that if they had was politically or fiscally vulnerable to Nixon closed the gold window and re- achieved such a feat they would have European control. Not only did we fused to pay out any of our remaining defied centuries of economic history claim a right, but even an official gov- 280 million ounces of gold. In essence, regarding the need for money to be ernment obligation to protect our com- we declared our insolvency, and every- something of real value. He smugly and mercial interest from Europeans. one recognized that some other mone- confidently concurred with this. This new policy came on the heels of tary system had to be devised in order In recent years, central banks and the gunboat diplomacy of the late 19th to bring stability to the markets. various financial institutions, all with century, and it meant we could buy in- Amazingly, a new system was devised vested interest in maintaining a work- fluence before resorting to the threat which allowed the U.S. to operate the able fiat dollar standard, were not se- of force. By the time dollar diplomacy printing presses for the world reserve cretive about selling and maintaining of William Howard Taft was clearly ar- currency, with no restraints placed on large amounts of gold to the market,

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H320 CONGRESSIONAL RECORD — HOUSE February 15, 2006 even while decreasing gold prices accumulate our dollars due to their O’Neill, the major topic was how we raised serious questions about the wis- high savings rates and graciously lend could get rid of Saddam Hussein dom of such a policy. They never ad- them back to us at low interest rates though there was no evidence whatso- mitted to gold price fixing, but the evi- to finance our excessive consumption ever he posed a threat to us. This deep dence is abundant that they believed and our wars. concern for Saddam Hussein surprised that if the gold price fell, it would con- It sounds like a great deal for every- and shocked O’Neill. vey a sense of confidence to the mar- one, except the time will come when It is now common knowledge that ket, confidence that they, indeed, had our dollars, due to their depreciation, the immediate reaction of the adminis- achieved amazing success in turning will be received less enthusiastically or tration after 9/11 revolved around how paper into gold. even be rejected by foreign countries. they could connect Saddam Hussein to Increasing gold prices historically That could create a whole new ball the attacks to justify an invasion and are viewed as an indicator of distrust game and force us to pay a price for overthrow of his government. Even in paper currency. This recent effort living beyond our means and our pro- with no evidence of any connection to was not a whole lot different than the duction. The shift in sentiment regard- 9/11 or evidence of weapons of mass de- U.S. Treasury selling gold at $35 an ing the dollar has already started, but struction, public and congressional ounce in the 1960s in an attempt to the worst is yet to come. support was generated through distor- convince the world the dollar was as The agreement with OPEC in the tions and flat-out misrepresentations sound and as good as gold. 1970s to price oil in dollars has provided of the facts to justify overthrowing Even during the Depression, one of tremendous artificial strength to the Saddam Hussein. Roosevelt’s first acts was to remove dollar as the preeminent reserve cur- There was no public talk of removing free-market pricing as an indication of rency. This has created a universal de- Saddam Hussein because of his attack a flawed monetary system by making mand for the dollar and soaks up the on the integrity of the dollar as a re- it illegal for American citizens to own huge number of new dollars generated serve currency by selling his oil in gold. Economic law eventually limited each year. Last year alone, M3 in- euros, yet many believe this was the that effort, as it did in the early 1970s, creased by over $700 billion. The artifi- reason for our obsession with Iraq. I when our Treasury and the IMF tried cial demand for our dollar, along with doubt it was the only reason, but it to fix the price of gold by dumping tons our military might, places us in the may well have played a significant role into the market to dampen the enthu- unique position to ‘‘rule’’ the world in our motivation to wage war. Within siasm of those seeking a safe haven for without productive work or savings a very short period after the military victory in Iraq, all Iraqi oil sales were a falling dollar after gold ownership and without limits on consumer spend- carried out in dollars. The euro was im- was relegalized. ing or deficits. The problem is it can- Once again, the effort between 1980 not last. mediately abandoned. In 2001, Venezuela’s ambassador to and 2000 to fool the market as to the Price inflation is raising its ugly Russia spoke of Venezuela’s switching true value of the dollar proved unsuc- head, and the NASDAQ bubble, gen- erated by easy money, has burst. The to the euro for all their oil sales. With- cessful. In the past 5 years, the dollar in a year, there was a coup attempt has been devalued in terms of gold by housing bubble likewise created is de- flating. Gold prices have doubled, and against Chavez, reportedly with assist- more than 50 percent. You just cannot ance from our CIA. Federal spending is out of sight, with fool all the people all the time, even After these attempts to nudge the zero political will to rein it in. The with the power of the mighty printing euro toward replacing the dollar as the press and the money-creating system trade deficit last year was over $728 bil- world’s reserve currency were met with of the Federal Reserve. lion. A $2 trillion war is raging, and resistance, the sharp fall of the dollar plans are being laid to expand the war b 2145 against the euro was reversed. These into Iran and possibly Syria. The only Even with all the shortcomings of events may well have played a signifi- restraining force will be the world’s re- cant role in maintaining dollar domi- the fiat monetary system, dollar influ- jection of the dollar. It is bound to ence thrived. The results seemed bene- nance. come and create conditions worse than It has become clear the U.S. adminis- ficial, but gross distortions built into 1979–1980, which required 21 percent in- tration was sympathetic to those who the system remained. And true to terest rates to correct. But everything plotted the overthrow of Chavez and form, Washington politicians are only possible will be done to protect the dol- was embarrassed by its failure. The too anxious to solve the problems crop- lar in the meantime. We have a shared fact that Chavez was democratically ping up with window dressing while interest with those who hold our dol- elected had little influence on which failing to understand and deal with the lars to keep the whole charade going. side we supported. Now a new attempt underlying flawed policy. Protec- Greenspan, in his first speech after is being made against the petrodollar tionism, fixing exchange rates, puni- leaving the Fed, said that gold prices system. Iran, another member of the tive tariffs, politically motivated sanc- were up because of concern about ter- ‘‘Axis of Evil,’’ has announced her tions, corporate subsidies, internation- rorism and not because of monetary plans to initiate an oil bourse in March al trade management, price controls, concerns or because he created too of this year. Guess what? The oil sales interest rate and wage controls, super- many dollars during his tenure. Gold will be priced in euros, not dollars. nationalist sentiments, threat of force, has to be discredited and the dollar Most Americans forgot how our poli- and even war are resorted to, all to propped up. Even when the dollar cies have systematically and need- solve the problems artificially created comes under serious attack by market lessly antagonized the Iranians over by a deeply flawed monetary and eco- forces, the central banks and the IMF the years. In 1953, the CIA helped over- nomic system. will surely do everything conceivable throw a democratically elected Mo- In the short run, the issuer of a fiat to soak up the dollars in hope of restor- hammed Mossadegh and installed the reserve currency can accrue great eco- ing stability. Eventually, they will fail. authoritarian Shah, who was friendly nomic benefits. In the long run, it Most importantly, the dollar/oil rela- to the U.S. The Iranians were still fum- poses a threat to the country issuing tionship has to be maintained to keep ing over this when the hostages were the world currency. In this case, that is the dollar as the preeminent currency. seized in 1979. Our alliance with Sad- the United States. As long as foreign Any attack on this relationship will be dam Hussein in his invasion of Iran in countries take our dollars in return for forcefully challenged, as it already has the early 1980s did not help matters real goods, we come out ahead. This is been. and obviously did not do much for our a benefit many in Congress fail to rec- In November, 2000, Saddam Hussein relationship with Saddam Hussein. The ognize as they bash China for main- demanded euros for his oil. His arro- administration’s announcement in 2001 taining a positive trade balance with gance was a threat to the dollar; his that Iran was part of the Axis of Evil us. But this leads to a loss of manufac- lack of any military might was never a did not improve the diplomatic rela- turing jobs to overseas markets as we threat. At the first Cabinet meeting tionship between our two countries. become more dependent on others and with the new administration in 2001, as Recent threats over nuclear power, less self-sufficient. Foreign countries reported by Treasury Secretary Paul while ignoring the fact that they are

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H321 surrounded by countries with nuclear dependency makes them allies in con- goism of the preemptive war pro- weapons, does not seem to register tinuing the fraud, and their participa- moters. It is only after the cost of with those who continue to provoke tion keeps the dollar’s value artifi- human life and dollars are tallied up Iran. With what most Muslims perceive cially high. If this system were work- that the people object to unwise mili- as our war against Islam and this re- able long term, American citizens tarism. cent history, there is little wonder why would never have to work again. We, The strange thing is that the failure Iran might choose to harm America by too, could enjoy ‘‘bread and circuses’’ in Iraq is now apparent to a large num- undermining the dollar. Iran, like Iraq, just as the Romans did, but their gold ber of Americans, yet they and Con- has zero capability to attack us, but finally ran out and the inability of gress are acquiescing to the call for a that did not stop us from turning Sad- Rome to continue to plunder conquered needless and dangerous confrontation dam Hussein into a modern-day Hitler nations brought an end to her empire. with Iran. ready to take over the world. Now Iran, The same thing will happen to us if But then again our failure to find especially since she has made plans for we do not change our ways. Though we Osama bin Laden and destroy his net- pricing oil in euros, has been on the re- do not occupy foreign countries to di- work did not dissuade us from taking ceiving end of a propaganda war not rectly plunder, we nevertheless have on Iraqis in a war totally unrelated to unlike that waged against Iraq before spread our troops across 130 nations of 9/11. Concern for pricing oil only in dol- our invasion. the world. Our intense effort to spread lars helps explain our willingness to It is not likely that maintaining dol- our power in the oil-rich Middle East is drop everything and teach Saddam lar supremacy was the only motivating not a coincidence. But, unlike the old Hussein a lesson for his defiance in de- factor for the war against Iraq nor for days, we do not declare direct owner- manding euros for oil. ship of the natural resources. We just agitating against Iran. Though the real b 2200 reasons for going to war are complex, insist that we can buy what we want we now know the reasons given before and pay for it with our paper money. Once again, there is the urgent call the war started, like the presence of Any country that challenges our au- for sanctions and threats of force weapons of mass destruction and thority does so at great risk. against Iran at the precise time Iran is Once again, Congress has bought into Saddam’s connection to 9/11, were false. opening a new oil exchange with all The dollar’s importance is obvious, the war propaganda against Iran just transactions in Euros. but this does not diminish the influ- as it did against Iraq. Arguments are Using force to compel people to ac- ence of the distinct plans laid out years now made for attacking Iran economi- cept money without real value can ago by the neoconservatives to remake cally and militarily if necessary. These only work for a short time. It ulti- the Middle East. Israel’s influence as arguments are based on the same false mately leads to economic dislocation, well as that of the Christian Zionists reasons given for the ill-fated and cost- both domestic and international, and ly occupation of Iraq. likewise played a role in prosecuting always ends with a price to be paid. Our whole economic system depends this war. Protecting our oil supplies The economic law that honest ex- on continuing the current monetary has influenced our Middle East policy change demands only things of real arrangement, which means recycling value as currency cannot be repealed. for decades. the dollar is crucial. Currently, we bor- But the truth is that paying the bills The chaos that one day will ensue from row over $700 billion every year from for this aggressive intervention is im- our 35-year experiment with worldwide our gracious benefactors, who work possible the old-fashioned way, with fiat money will require a return to hard and take our paper for their more taxes, more savings, and more money of real value. We will know that goods. Then we borrow all the money production by the American people. day is approaching when oil-producing we need to secure the empire, which in- Much of the expense of the Persian countries demand gold or its equiva- cludes the entire DOD budget of $450 Gulf War in 1991 was shouldered by lent for their oil rather than dollars or billion, plus more. The military might Euros. The sooner the better. many of our willing allies. That is not we enjoy becomes the backing of our NEED FOR REFORM IN LIGHT OF LOBBYING so today. Now more than ever, the dol- currency. There are no other countries SCANDAL lar hegemony, its dominance as the that can challenge our military superi- Mr. Speaker, I would like to now world’s reserve currency, is required to ority, and therefore they have little switch topics and address another sub- finance our huge war expenditures. choice but to accept the dollars we de- ject, and this is regarding the need for This $2 trillion never-ending war must clare are today’s ‘‘gold.’’ This is why reform in light of the recent lobbying be paid for one way or another. Dollar countries that challenge the system, scandal. hegemony provides the vehicle to do like Iraq, Iran, and Venezuela, become Mr. Speaker, the Abramoff scandal just that. targets of our plans for regime change. For the most part, the true victims Ironically, dollar superiority depends has been described as the biggest Wash- are not aware of how they pay the on our strong military, and our strong ington scandal ever, bigger than Water- bills. The license to create money out military depends on the dollar. As long gate, bigger than ABSCAM, bigger of thin air allows the bills to be paid as foreign recipients take our dollars than Koreagate, bigger than the House through price inflation. American citi- for real goods and are willing to fi- banking scandal, bigger than Teapot zens as well as average citizens of nance our extravagant consumption Dome. Possibly so. It is certainly seri- Japan and China and other countries and militarism, the status quo will ous and significant. suffer from price inflation, which rep- continue, regardless of how huge our It has prompted urgent proposals of resents the tax that pays the bills for foreign debt and current account def- suggested reforms to deal with the our military adventures. That is, until icit become. mess. If only we had more rules and the fraud is discovered and the foreign But real threats come from our polit- regulations, more reporting require- producers decide not to take dollars ical adversaries who are capable of con- ments and stricter enforcement of nor hold them very long in payment for fronting us militarily yet are not bash- laws, the American people will be as- those goods. Everything possible is ful about confronting us economically. sured we mean business. Ethics and done to prevent the fraud of the mone- That is why we see the new challenge character will return to the Halls of tary system from being exposed to the from Iran being taken so seriously. The Congress. It is argued that new cham- masses who suffer from it. If oil mar- urgent arguments about Iran’s posing a pions of reform should be elected to kets replace dollars with euros, it military threat to the security of the leadership positions to show how seri- would in time curtail our ability to United States are no more plausible ous we are about dealing with the cri- continue to print, without restraint, than the false charges levied against sis of confidence generated by the the world’s reserve currency. Iraq. Yet there is no effort to resist Abramoff affair. Then all will be well. It is an unbelievable benefit to us to this march to confrontation by those But it is not so simple. Maybe what import valuable goods and export de- who grandstand for political reasons we have seen so far is just the tip of preciating dollars. The exporting coun- against the Iraq War. the iceberg and the insidious crisis tries have become addicted to our pur- It seems that the people and Con- staring us in the face that we refuse to chases for their economic growth. This gress are easily persuaded by the jin- properly identify and deal with.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H322 CONGRESSIONAL RECORD — HOUSE February 15, 2006 It has been suggested we need to to rule the country, dictate rights, and cated to redistributing property by change course and correct the way redistribute wealth. Our system of de- force, a lot could be accomplished if Congress is run. A good idea, but if we mocracy has come to mean worshiping government attracted men and women merely tinker with current attitudes the notion that a majority vote for the of good will and character. Members about what role the Federal Govern- distribution of government largesse, could just refuse to yield to the temp- ment ought to play in our lives, it loot confiscated from the American tations of office and reject the path to won’t do much to solve the ethics cri- people through an immoral tax system, a lobbying career. sis. is morally and constitutionally accept- But it seems once government adopts True reform is impossible without able. the rules of immorality, some of the addressing the immorality of wealth Under these circumstances, it is no participants in the process yield to the redistribution. Merely electing new wonder a system of runaway lobbying temptation as well, succumbing to the leaders and writing more rules to regu- and special interests has developed. belief that the new moral standards are late those who petition Congress will Add this to the military industrial acceptable. achieve nothing. complex that developed over the dec- Today, though, any new rules de- Could it be that we are all looking in ades due to a foreign policy of per- signed to restrain special interest fa- the wrong places for our solution to a petual war and foreign military inter- voritism will only push the money fur- recurring, constant, and pervasive cor- vention, and we shouldn’t wonder why ther under the table. ruption in government? Perhaps some there is such a powerful motivation to Too much is at stake. Corporations, of us in Congress are mistaken about learn the tricks of the lobbying trade bureaucrats, lobbyists and politicians the true problem. Perhaps others delib- and why former Members of Congress have grown accustomed to the system erately distract us from exposing the and their aides become such high- and have learned to work within it to truth about how miserably corrupt the priced commodities. survive. Only when the trough is empty budget process in Congress is. Buying influence is much more lucra- will the country wake up. Eliminating Others simply are in a State of de- tive than working and producing for a earmarks in the budget will not solve nial. But the denial will come to an end living. The trouble is in the process; the problem. as the Abramoff scandal reveals more the process invites moral corruption. Comparing the current scandal to the and more. It eventually will expose the The dollars involved grow larger and big one, the Abramoff types are petty scandal of the ages, how and to what larger because of the deficit financing thieves. The government deals in tril- degree the American people have be- and inflation that pure democracy al- lions of dollars, the Abramoffs in mere come indebted by the totally irrespon- ways generates. millions. Take a look at the undeclared Dealing with lobbying scandals while sible spending habits of the U.S. Con- war we are bogged down in 6,000 miles ignoring the scandal of unconstitu- gress as encouraged by successive ad- from our shore. We have spent $300 bil- tional runaway government will solve ministrations, condoned by our courts, lion already, but Nobel Prize winner nothing. If people truly believe that re- and enjoyed by the recipients of the Joseph Stiglitz argues that the war form is the solution through regulating largesse. will actually cost between $1 trillion lobbyists and increasing congressional This system of government is coming and $2 trillion when it is all over. That reporting requirements, the real prob- to an end, a fact that significantly con- is trillions, not billions. Even that fig- lem will be ignored and never identi- tributes to the growing anxiety of most ure is unpredictable, because we may fied. This reform only makes things Americans, especially those who pay be in Iraq for another year or 10. Who worse. knows. the bills and receive little in return Greater regulation of lobbyists is a Considering the war had nothing to from the corrupt system that has dangerous and unnecessary propo- do with our national security, we are evolved over the decades. sition. If one expects to solve a prob- talking big bucks being wasted in lin- Believe me, if everybody benefited lem without correctly identifying its ing the pockets of well-connected equally, there would be scant outcry source, the problem persists. The first American corporations. Waste, fraud, over a little bribery and influence ped- amendment clearly states ‘‘Congress stupidity, and no-bid contracts charac- dling. As our country grows poorer and shall make no laws respecting the right terize the process; and it is all done in more indebted, fewer people benefit. of the people to petition the govern- The beneficiaries are not the hard- ment for a redress of grievances.’’ That the name of patriotism and national working, honest people who pay the means no law. security. Dissenters are accused of sup- taxes. The groups that master the sys- The problem of special interest gov- porting the enemy. Now, this is a ripoff tem of lobbying and special interest ernment that breeds corruption comes that a little tinkering with House rules legislation are the ones who truly ben- from our lack of respect for the Con- and restraints on lobbyists won’t do efit. stitution in the first place. So what do much to solve. The steady erosion of real wealth in we do? We further violate the Constitu- Think of how this undeclared war has this country and the dependency on tion, rather than examine it for guid- contributed to our national deficit, un- government generated by welfare-ism ance as to the proper role of the Fed- dermined military preparedness, an- and warfare-ism presents itself as the eral Government. tagonized our allies, and exposed us to crisis of the ages. Lobbying scandals Laws addressing bribery, theft, and an even greater threat from those who and the need for new leadership are fraud already on the books are ade- resent our destructive occupation. mere symptoms of a much, much deep- quate to deal with the criminal activi- Claiming we have no interest in the oil er problem. ties associated with lobbying. New laws of the entire Middle East hardly helps There are quite a few reasons a rel- and regulations are unnecessary. our credibility throughout the world. atively free country allows itself to fall The theft that the Federal Govern- The system of special interest gov- into such an ethical and financial ment commits against its citizens and ernment that has evolved over the last mess. One major contributing factor the power that Congress has assumed several decades has given us a national for the past 100 years is our serious illegally are the real crimes that need debt of over $8 trillion, a debt that now misunderstanding of the dangers of to be dealt with. In this regard, we expands by over $600 billion every year. pure democracy. truly need a new direction: get rid of Our total obligations are estimated to The Founders detested democracy the evil tax system, the fraudulent be between $15 trillion and $20 trillion. and avoided the use of the word in all monetary system and the power of the Most people realize that the Social Se- the early documents. Today, most government to run our lives, the econ- curity system, the Medicare system Americans accept without question a omy and the world, and the Abramoff and the new prescription drug program policy of sacrificing life, property and types would be exposed for the mere are unfunded. Thousands of private dollars to force democracy on a coun- gnats they are. There would be a lot pension funds are now being dumped on try 6,000 miles away. This tells us how less of them since the incentive to buy the U.S. Government and American little opposition there is to democracy. politicians would be removed. taxpayers. We are borrowing over $700 No one questions the principle that a Even under today’s flawed system of billion each year from foreigners to fi- majority electorate should be allowed democratic government, which is dedi- nance this extravagance, and we now

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H323 qualify as the greatest international the foreign governments who sell us A free nation as it moves towards debtor Nation in history. goods and perpetuate the pretense of authoritarianism tolerates and hides a Excessive consumption using bor- wealth that we enjoy. lot of the abuse in the system. The rowed money is hardly the way to se- The system of money contributes sig- human impulse for wealth creation is cure a sound economy. Instead of rein- nificantly to the problems of illegal hard to destroy, but in the end it will ing in government spending, Congress immigration. On the surface, immi- happen here if true reform of our eco- remains oblivious to the financial dan- grants escaping poverty in Mexico and nomic, monetary, and political system gers and panders to special interests by Central America come here for the eco- is not accomplished. offering no resistance whatsoever to nomic opportunity that our economy Whether government programs are every request for new spending. Con- offers. However, the social services promoted for good causes, helping the gress spends $2.7 trillion annually in an they receive, including education and poor, or bad causes, permitting a mili- attempt to satisfy everyone’s demands. medical benefits, as well as the jobs tary industrial complex to capitalize The system has generated over $200 they get, are dependent on our per- on war profits, the principles of the trillion in derivatives. petual indebtedness to foreign coun- market are undermined. Eventually, These problems can’t be addressed tries. When the burden of debt becomes nearly everyone becomes dependent on with token leadership changes and tin- excessive, this incentive to seek pros- the system of deficits, borrowing, kering with the budget. A new and dra- perity here in the United States will printing press money, and the special matic direction is required. change. interest budget process that distributes As current policy further erodes the The prime beneficiaries of a paper the loot by majority vote. budget, special interests and Members money system are those who use the Today, most business interests and of Congress become even more aggres- money early, governments, politicians, the poor are dependent on government sive in their efforts to capture a piece bankers, international corporations handouts. Education and medical care of the dwindling economic pie. That and the military industrial complex. is almost completely controlled and success is the measure of effectiveness Those who suffer most are the ones at regulated by an overpowering central that guarantees a Member’s reelection. the end of the money chain, the people government. We have come to accept The biggest ripoff of all, the paper forced to use depreciated dollars to buy our role as world policeman and nation money system that is morally and eco- urgently needed goods and services to builder with little question despite the nomically equivalent to counterfeiting, survive. And guess what? By then, bad results and inability to pay the is never questioned. It is the deceptive their money is worth less, prices soar, bills. tool for transferring billions from the and their standard of living goes down. The question is, what will it take to bring about the changes in policy need- unsuspecting poor and middle class to b 2215 the special-interest rich, and in the ed to reverse this dangerous trend? The The consequences of this system, answer is, quite a lot; and, unfortu- process the deficit-propelled budget fully in place for the past 34 years, are process supports the spending demands nately, it is not on the horizon. It prob- astronomical and impossible to accu- ably will not come until there is a re- of all the special interests, left and rately measure. Industries go offshore, right, welfare and warfare, while delay- jection of the dollar as the safest and and the jobs follow. Price inflation eats strongest world currency and a return ing payment to another day and some- away at the middle class and deficits times even to another generation. to commodity money like gold and sil- soar, while spending escalates rapidly ver to return confidence. The enormous sums spent each year as Congress hopes to keep up with the to support the influential special inter- The Abramoff-type scandals come problems it created. and go in Washington, patched over ests expand exponentially and no one The remaining wealth that we strug- with grandiose schemes and reform really asks how it is accomplished. gle to hold on to is based on debt, fu- that amount to nothing more than gov- Raising taxes to balance the budget is ture tax revenues, and our ability to ernment and congressional mischief. out of the question, and rightfully so. manufacture new tax dollars without But our efforts should be directed to- Foreigners have been generous in their restraint. ward eliminating the greatest of all willingness to loan us most of what we There is only one problem. It all de- frauds, printing press money that cre- need, but even that generosity is lim- pends on trust in the dollar, especially ates the political conditions breeding ited and may well diminish in the fu- by foreign holders and purchasers. This the vultures and leaches who feed off ture. trust will end, and signs of the begin- the corrupt system. But if the Federal Reserve did not ning of the end are already appearing. Counterfeiting money never creates pick up the slack and create huge During this administration, the dol- wealth. It only steals wealth from the amounts of new credit and money out lar has suffered severely as a con- unsuspecting. The Federal Reserve cre- of thin air, interest rates would rise sequence of the policy of inflating the ation of money is exactly the same. In- and call a halt to the charade. The peo- currency to pay our bills. The dollar creasing the dollars in circulation can ple who suffer from a depreciated dol- price of gold has more than doubled. only diminish the value of each exist- lar don’t understand why they suffer, This means the dollar has depreciated ing dollar. Only production and jobs while the people who benefit promote in terms of gold, the time-honored and can make a country wealthy in the the corrupt system. The wealthy clean reliable measurement of a nation’s cur- long run. Today, it is obvious our coun- up on Wall Street and the unsophisti- rency, by an astounding 55 percent. The try is becoming poorer and more un- cated buy in at the market tops. long-term economic health of a nation easy as our jobs and capital go over- Wealth is transferred from one group is measured by the soundness of its seas. to another, and it is all related to the currency. Once Rome converted from a The Abramoff scandal can serve a system that allows politicians and the republic to an empire, she depreciated useful purpose if we put it in the con- central banks to create money out of her currency to pay the bills. This text of the entire system that encour- thin air. It is literally legalized coun- eventually led to Rome’s downfall. ages corruption. If it is seen as an iso- terfeiting. That is exactly what America is facing lated case of individual corruption and Is it any wonder jobs go overseas? unless we change our ways. not an expected consequence of big True capital only comes from savings, Now, this is a real scandal worth wor- government run amok, little good will and Americans save nothing. We only rying about. Since it is not yet on come of it. If we understand how our borrow and consume. A counterfeiter Washington’s radar screen, no attempt system of government intervenes in has no incentive to take his newly cre- at addressing the problem is being our personal lives, the entire economy ated money and build factories. The in- made. Instead, we will be sure to make and the internal affairs of other na- centive for Americans is to buy con- those the Constitution terms peti- tions around the world, we can under- sumers goods from other countries tioners to redress their grievances fill stand how it generates the conditions whose people are willing to save and in- out more forms. We will make govern- where lobbyists thrive. vest in their factories and jobs. The ment officials attend more ethics Only then will some good come of it. only way we can continue this charade courses so they can learn how to be Only then will we understand that un- is to borrow excess dollars back from more ethical. dermining the first amendment right of

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H324 CONGRESSIONAL RECORD — HOUSE February 15, 2006 people to petition the government is make sure that they get the biggest making sure that we have the kinds of hardly a solution to this much more se- bang for their tax dollar. innovation that the President spoke rious and pervasive problem. I think it is important to point out, about, Mr. Speaker; making sure that If we are inclined to improve condi- Mr. Speaker, that we are having some the veterans do not have to pay a high- tions we should give serious consider- real financial issues right now. Some er co-payment for health insurance ation to the following policy reforms, may say on the majority side, and I do that we promised them as a country. reforms the American people who cher- respect the members on the majority We salute one flag right now, Mr. ish liberty would enthusiastically sup- side, and I know that there are a few Speaker, not because of coincidence. port. Let us have no more No Child members on the majority side that feel Because individuals have died for that Left Behind legislation. Let us have no the way we feel here on the minority opportunity. We have individuals that more prescription drugs programs. No side, on the Democratic side of the have served and served in many thea- more undeclared wars. No more nation aisle, that we have to get our fiscal ters to make sure that we can salute building. No more acting as the world house in order. And we are not there one flag, and the bottom line is we policeman. No more deficits. No more yet. I can say here boldly and honestly should not turn our backs on those in- excessive spending everywhere. No that we are not there. dividuals. more political and partisan resolutions There are a number of third-party What Mr. RYAN and I are going to designed to embarrass those who may validators that are talking about the talk about in this 30-Something hour is well have legitimate and honest dis- fiscal irresponsibility on the majority the tax on corruption, the corruption agreements with current policy. No in- side and by this President that has put tax that the American people have to ferences that disagreeing with policy is this country in financial jeopardy. You pay and the American children have to unpatriotic or disloyal to the country. have individuals saying we want to cut pay, and men and women that have No more pretense of budget reforms the deficit in half, but, meanwhile, worn a uniform have to pay. while ignoring off-budget spending in back at the ranch, they want to borrow Guess what? It is not just Democrats. the ever-growing 14 appropriations from countries like China. They want It is not just Republicans. It is not just bills. to borrow from countries like Saudi independents. It is the American peo- Cut funding for corporate welfare, Arabia and give those countries a piece ple. It is not just the folks that vote. It foreign aid, international NGOs, de- of the American pie, Mr. Speaker. is not just the folks that do not vote. It fense contractors, the military indus- I think it is important that in the is not the folks who are seeking status trial complex, and rich corporate farm- last hour, when we talked about inno- that have green cards in this country ers before cutting welfare for the poor vation, we talked about putting Amer- that are legally here. It is happening at home. No more unconstitutional in- ica first. We talked about not cutting right now. trusions into the privacy of law-abid- student loans to everyday Americans. Mr. Speaker and Mr. RYAN, I just ing American citizens. Reconsider the We talked about assisting that next want to say before I yield, I feel good hysterical demands for security over generation and the generations that we about the fact that we were talking liberty by curtailing the ever-expand- expect to be able to stand up and make about the K Street Project 2 years ago. ing oppressive wars on drugs, tax viola- this and continue to make this country Night after night, week after week, we tors and gun ownership. free and put us ahead as it relates to talked about it. We were honest and Finally, why not try something novel inventions, as it relates to innovation. upfront with the American people that like having Congress act as an inde- We are talking about on this side of something was fundamentally wrong pendent and equal branch of govern- the aisle, Mr. Speaker, that we em- when you have a K Street Project, talk ment? Restore the principle of the sep- brace and we appreciate our troops and about it, put a press release out about aration of powers so that we can per- our veterans. But, meanwhile, in the it, about how we have this relationship form our duty to provide checks and President’s budget, it talks about cuts with the special interests. balances on an executive branch and an in veterans affairs. It talks about high- What about a relationship with the accommodating judiciary that spies on er co-payments for veterans. American people, Mr. Speaker? So now Americans, glorifies the welfare state, I must say, Mr. Speaker, I am a Dem- we have a lobbyist here in this town fights undeclared wars, and enor- ocrat, but guess what? I represent Re- that has admitted to guilt, Mr. RYAN, mously increases the national debt. publicans, Independents, green party, that has said, I have broken the law. Congress was not meant to be a rub- and Democrats back in my district; We do not have to have a trial because ber stamp. It is time for a new direc- and they feel the way that I do. the evidence is so strong. We do not tion. I have not had one constituent say, have to have a jury pool. We do not f Congressman, I want you to go to have to have people come in and waste Washington, D.C., and make sure that 6 months of their lives on a jury pool 30-SOMETHING WORKING GROUP you borrow as much money as possible and a jury selection. I will admit to The SPEAKER pro tempore (Mr. so that I can pay it back with interest. guilt. CONAWAY). Under the Speaker’s an- Congressman, I want you to go to Days after this particular lobbyist nounced policy of January 4, 2005, the Washington, D.C., and be irresponsible said, I am guilty, I am willing to help gentleman from Florida (Mr. MEEK) is with my tax dollars and make sure the government in seeking out those recognized for 60 minutes. that we do not have accountability as Members that were part of this. Mr. MEEK of Florida. Mr. Speaker, it it relates to unbid contracts. Congress- Mr. RYAN of Ohio. Would the gen- is an honor to come and address the man, I want you to look the other way tleman yield? U.S. House of Representatives. I want when it comes down to making sure Mr. MEEK of Florida. I am closing in to thank Democratic Leader NANCY that you have the proper oversight so a minute, Mr. RYAN, because we have PELOSI and our Democratic Whip, Mr. that we do not have this culture of cor- been talking about this. I admit to STENY HOYER, and also our chairman, ruption, cronyism and incompetence guilt, and I am willing to help the gov- Mr. JAMES CLYBURN, and I think it is that we are seeing on the majority side ernment. All of a sudden, all of a sud- also Mr. LARSON who is our vice chair, and in the White House right now. den, Mr. Speaker, the Republican ma- and the rest of the ranking members I think it is very, very important, jority says, you know, we are done. The and other members of the Democratic Mr. Speaker, the perception that the K Street Project is no longer in exist- Caucus. American people and the reality that ence. As a matter of fact, this little Mr. Speaker, an hour ago we were they are seeing right now. This is not thing that we call K Street, what are talking about the issues of fiscal re- the Kendrick Meek or the 30-Some- you talking about? I do not know what sponsibility. We were talking about thing or the Tim Ryan report. This is you are talking about. We are just trying to make sure that the American what is being printed every day in the going to rip it up. It is not anything taxpayer gets what they deserve out of papers. that we really care about. We are going this government, this government that It is not that the Congress is taking to do away with that. they have elected to come to Wash- a bold step to make sure that the chil- It is almost like, as I would say, Mr. ington, D.C., to represent them, to dren of America have what they need; RYAN, and as I will yield to you, the

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With interest I b 2230 on right now is what is going on with must add, and I will tell you that it is Mr. RYAN of Ohio. You are exactly the interest on the debt. The Nation’s very, very unfortunate when we tell right, and it is that. It is the cost of debt is now over $8 trillion with a T, children who want free and reduced the American people of the kind of cor- and the interest in the 2007 President’s lunch that we cannot do what they ruption that is inherent in this system budget, the interest alone is almost need us to do. today as the Republicans run the two-hundred-and-twenty-some billion I think also what is wrong is when we House and the Senate and the White dollars out of this budget. Now, when tell veterans that they have to pay House. you look and you compare what we higher copayments because we do not Let me just say this so we are clear. have to pay in interest on the debt have the money to be able to assist After record profits had been earned by compared to what we are paying for them in their health care. the oil industry, they received in the education or homeland security or vet- I think another thing that is wrong, energy bill $12 billion in corporate wel- erans, it is totally and utterly dis- when we tell individuals that pay taxes fare, but nothing is done by this Con- proportionate to the kind of invest- every day, that we cannot assist them gress to address lowering gas prices or ments we need to be making, because as it relates to innovation and finding home heating oil. this money, and on the chart here, we other opportunities to be able to find Now, Halliburton, the former com- are borrowing this money from the alternative fuel to fuel their vehicles pany of Vice President CHENEY, got bil- Japanese government. We are bor- or home. lions of dollars in no-bid contracts, and rowing the money from the Chinese I think it is also a travesty when we they have since been fined $2 million Government. We are borrowing the have no-bid contracts. Time after time for over charging the government and money from OPEC countries. again, reports are released here in are suspected of costing the govern- We are ceding our country away to Washington, D.C., on how we failed the ment $1.4 billion. Halliburton has been these other foreign interests, and at American people domestically and how the same time, we are asking Japan fined for basically stealing the tax- we failed the American people as it re- and China to borrow money because we payers’ money. lates to their U.S. tax dollars overseas do not have enough because we are giv- The oil industry is getting $12 billion as its relates to the war. There are bil- ing out corporate subsidies to the oil in subsidies, and nothing is being done lions of dollars that are unaccounted companies and corporate welfare to the to lower Mom and Dad or Grandma or for and that cannot be attached to pharmaceutical companies. While we Grandpa’s gas cost, and the top Medi- what its purpose was supposed to be in are doing that, we have to go and bor- care administrator, Tom Scully, nego- Iraq. row the money from the Chinese gov- tiated to get a lobbying job at the same This is not fiction. This is fact, and ernment, and then we have to borrow it time he was negotiating the Medicare tomorrow night and I want to say this from the OPEC countries, and as we prescription drug bill, which helped to the staff and make sure that the showed before earlier, an hour or so companies more than it helped senior rest of the 30 Somethings hear, we ago, the Chinese Government is taking citizens. You say corruption tax, and want to talk a little bit about what this money, they are lending it to us, that is what I mean. Tit-for-tat, tax- happened to the other $9 billion U.S. collecting the interest and investing payer pays for it. Corporate welfare to tax dollars in Iraq. We both serve on that money in the training of engineers the oil industries, nothing to lower gas to the tune of 600,000 engineers that the Committee on Armed Services and prices, citizens pay that corruption they are going to train next year while I think it is important that the Amer- tax. we are training 70. ican people know. It is unacceptable, Mr. MEEK of Florida. This is reality. That really is the bottom line, that unacceptable for us to do or for the Re- It is not something that you are mak- these kind of decisions are leading and publican majority to do what they ing up. This is reality for individuals costing. They are leading to enormous have done as it relates to a lack of that may be hard core supporters of problems for our country, and they are oversight. the majority; that is fine. I am a sup- costing us a lot of money. They are I think it is important that we talk a porter of the American people. We are really beginning, I think, to push the little bit more about innovation and not here on behalf of party. We are burden down on to the next generation. our plans to move America forward, here on behalf of the American people. We cannot continue to sustain the kind but I want to make sure that the Mr. RYAN of Ohio. There have been a of deficits that we are running. The American people and the Republican few Members who I consider very good next year or 2007 year’s budget deficit side know, the Members on the other friends on the other side of the aisle is projected at over $400 billion, $400 side of the aisle know, here is our plan who have over the past few weeks and billion, and that is unacceptable while right here. This is a summary of our few months have really come out and we are giving the oil industry $12 bil- plan. It is on the Web site, said we have got to get rid of the cor- lion and $16 billion to the energy indus- housedemocrats.gov, very simple. It is porate welfare, we do have to make try, and we are giving to the tune of not a secret. It has been there for a these changes, we do have to get rid of $50, $60, $70 billion to the health care long time. The only reason why it is the things that are going on with the industry in subsidies. there in the Web site, and the only rea- oil industry. It is a coincidence, or maybe it is son why we have it in legislative bills, The problem is, is they are just a not, that the oil industry’s profits are Mr. Speaker, is the fact that we cannot handful of those people, and the rest going through the roof. So it begs the move innovation. are putting the kibosh on the minority question, why are we subsidizing them? Let us talk about innovation for a of the minority of the minority of the The energy companies, profits going minute because I want to make sure we Republican party, just like they are up, subsidizing them, too. Pharma- do not fake anyone out and have folks doing to the Democrats. ceutical companies, profits through the confused. Innovation means we are Mr. MEEK of Florida. These will be roof, subsidize them, too. This is pay- committed to making sure this genera- the very Members that if the American to-play in Washington, D.C., and all tion and future generations are ready people allow us to lead, that what you the while, it is happening at the ex- to lead in the way that the past gen- are talking about, would be a bad chap- pense of average people. All this is hap- eration has done and this present gen- ter in American history. Well, we can pening at the cost of the American peo- eration are trying to do right now. put this country on the right track ple. Mr. RYAN of Ohio. Can I say some- that will partner with us in a bipar- There is a corruption tax. There is a thing? There has been this whole dis- tisan spirit, and all it takes, and you K Street tax to average people who are cussion over the last 10 or 15 years, and

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John Chambers, president and brutal competition that we are facing. ernment cannot solve all the problems CEO of Cisco Systems, Incorporated: I have an opportunity to spend 2 weeks nor should it, and we understand the ‘‘The Innovation Agenda focuses on the in China in August, but the brutal private sector can solve a lot of these right issues for building on our Na- competition that we must face in order problems, but there are areas where tion’s competitiveness, from investing to continue to lead the world because the two need to work together. That is in basic R&D, expanding science and we cannot have a tier one military what we are talking about with The In- math education and broadband infra- with a tier two economy. And you want novation Agenda. structure, to creating a globally com- to maintain your superiority in the A lot of the recommendations that petitive business environment. This world, you better have a tier one mili- we have here are coming from CEOs, agenda thoughtfully addresses how tary, and if you want a tier one mili- Republicans, who are saying this is government can best play a role in im- tary, you better have a tier one econ- what we do, and if you look at the his- proving our economic competitiveness omy. If you want to have a tier one tory of the country, railroads, the by focusing on innovation. I look for- economy, you better make the kind of space program, the interstate highway, ward to working with both sides of the investments that the Democratic National Institutes of Health research aisle to implement these laudable Party wants to make in order to start and development that has been going goals.’’ evening out some of these numbers so on for years and years, National b 2245 we have job growth in the United Science Foundation, they are critical. States, so we are filling the need and Universities are government. They are That is the CEO of Cisco Systems. filling that pool of well-educated, publicly funded, publicly subsidized, And then we have the managing di- skilled workers that companies need. and they are doing all kinds of research rector of Federal Government Affairs Mr. MEEK of Florida. Mr. Speaker, for all kinds of really good causes. for Microsoft saying, ‘‘At Microsoft Mr. RYAN knows he had me at hello on So we have a responsibility here, and Technology we are committed to all of that. our responsibility is to take the changing the world through innovative When he says Mr. MEEK, he is really public’s tax dollars here that they give technology; and in order to fulfill that talking to the Republican majority. I us and spend it wisely and spend it in commitment we need a pool of well- will say to my colleagues, because I a way that there is accountability. educated, skilled workers. We ask Con- want to be sure that they have good Now, $9 billion lost in Iraq is not ac- gress to give these issues serious con- and accurate information from third- countability. Borrowing from the Chi- sideration and support.’’ party validators, they can go to nese and the OPEC countries and the We need a pool of skilled workers, www.HouseDemocrats.gov/30something Japanese governments to fund our defi- American skilled workers, and we need and you can get the charts, get what cits, that is not accountability. That is to increase it. Our innovation agenda Mr. RYAN is talking about. reckless fiscal policy, and it prevents calls for 100,000 new scientists and engi- Most of these people that are third- us from investing in the kind of inno- neers over the course of the next 4 party innovators as relates to innova- vation that we want to invest into. years and putting broadband in every tion, they can care less who says that That is the cost to the country of this household in the country in the next 5 we brought innovation into the United nonsense that is going on down here, years. And we probably could do it States again, that we are investing in $400 billion deficits, and we are spend- quicker, but we have this tremendous innovation. They just want it to hap- ing $16 billion in corporate welfare to trade deficit and budget deficit here in pen. These individuals are Republicans, subsidize the oil industry? $400 billion the United States that will not allow Independents and Democrats that are projected deficit for 2007, and we give it us to do it because of the reckless fis- begging us to give them the workforce in a giveaway to the pharmaceutical cal policies of the Republican Party that they need. They want to hire the companies? That is irresponsible fiscal that run the House, the Senate and the American worker. They want to make policy because we do not have the White House. sure that local communities and States money to give them in the first place. Mr. Speaker, this is what we are have the kind of economy that they I will stand up here if we had the competing with. China is going to need. I think it is important. money and make the argument that we produce 600,000 engineers next year; Mr. Speaker, it goes a little deeper. still should not give it to them, but we India, 350,000 engineers next year; the This is not just about one or two peo- are borrowing money that we do not United States of America, Mr. Speaker, ple and the decisions they are making. have to give to people that do not need 70,000 engineers next year. That is un- I have a real problem, and I do not it. That would be like giving Bill Gates acceptable. want to change the channel here, but I a tax cut. We have given Bill Gates a And I recognize that they have larger have a real problem with the fact that tax cut, too. We are giving people populations than we do, but when we it is so easy for the Republican major- money that we do not have and they do have many of our school districts that ity to abuse not only the spirit of the not need it, and it is coming at the ex- have 70 or 80 percent of the kids living rules in the House of Representatives pense of things and investment in tech- in poverty, we are never going to be but also when we start dealing with the nology, and innovation is a part of able to catch this number because we Constitution of the United States. this. do not have enough players on the We had a budget reconciliation vote I just want to read a couple of quotes field. This is a broad approach that the that came up here, I do not know, because the 30 Somethings are all Democratic Party has. maybe three or four times, not because about the third party validator. There Our friends on the other side of the the Members did not show up to vote, may be some people who say, well, aisle, and many of them are very dear it is because the Members did not want there goes the Democrats, there goes friends, they have been in charge of to vote on budget reconciliation that the 30 Somethings, they are the on the this House since 1994, and we have the cut student aid and that will bring floor, they do not have any solution. highest budget deficits that we have about the kind of innovation that Mr. What are they talking about? This is a ever had in the history of the country. RYAN is talking about, that cut free third party validator about our Innova- They have had to pass a debt limit in- and reduced lunch, that directed the tion Agenda that Leader PELOSI came crease five times since President Bush Veterans Affairs Committee to make up with. has been in office. millions of dollars in cuts in veterans Mr. MEEK of Florida. This is good, Mr. MEEK of Florida. And they want affairs over a period of years, that did third party validator outside of the po- to do it again. a lot of other things, that gave give- litical process. They do not carry a Mr. RYAN of Ohio. And they are aways to the oil industry. They did not voting card here in the U.S. House. going for number six. want to vote on it. They are not a stakeholder. The only We need to get the fiscal house in I remember we were on this floor on stake that they hold is having Ameri- order and start making targeted in- the eve of I believe it was veterans’

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Only the recipients it, leave here and march in a parade curity and make sure that it is sound of corruption, cronyism and incom- and someone may holler out, congress- and solid for generations even beyond petence are the cheerleaders for that man, congresswoman, how can you the 40 years it will be solvent, and kind of activity. march with the veterans here, waving a maybe we need to look at health care Mr. RYAN, they would not even come flag, talking about I am with you all and not this health savings plan be- up to the 1 percent of Americans that the way; meanwhile, you voted with cause we already know that does not have benefited from the bad policies your colleagues on the Republican side work. Let us look at some of the Demo- that the majority side has put forward. that closed our clinic. They just could cratic alternatives and let us have a I can tell you right, and the record re- not do it. conference report, let us have a bipar- flects and it reflects in the President’s So now we are in a situation when we tisan conference report that we actu- budget of who is on the side and who talk about respect for the way we do ally invite Democrats to participate in. they are standing up for in that budget. business, the President signed the Mr. Speaker, we have legislation In that budget, they are cutting vet- budget reconciliation bill that was not right now that the first time that the erans affairs. In that budget, they are identical. Let me go back to Govern- ranking members, and I want to break cutting student aid. In that budget, ment 101 here. They have to be iden- this down so we all understand, the they are giving tax giveaways to the tical pieces of legislation between the ranking members who are the lead individuals that are on K Street, obvi- House and Senate for the President of Democrats on the committee, see for ously that have access to this adminis- the United States to sign. the first time a bound bill, this wide, tration and to the majority. Mr. RYAN, you remember the old car- this thick, coming to the floor and it is So I would say this. The record toon, I am just a bill, I am on Capitol their first time seeing it. That is not speaks to what we are sharing with the Hill. It talked about going from com- because they decided to sit in their of- Members. The record speaks to the fact mittee to committee, and you pass the fice and eat pecans, but because they that we on this side, without one Re- House and go to the Senate or you were not told where negotiations were publican vote, Mr. Speaker, not one. start in the Senate and go to the taking place. One would think maybe two might House, and then you go to the Presi- There are a lot of rooms in this Cap- have said I am going to vote to balance dent of the United States. One bill, itol, and I think it is important that the budget. A big fat zero. My 8-year- same language, identical, side by side. we spend a lot of time, not some time, old and my 11-year-old can understand You cannot have language in one bill but a lot of time letting the American what a zero is. Not one. For anyone to that says one thing and have a budget people know that here on the Demo- come to the floor and say the Demo- that says something else. Not one line, cratic side of the aisle we have history crats want such and such, let me tell you, we cannot do anything but raise not one word can be different. The on our side in balancing the budget. We the question and put pressure on the President and the administration that have history on our side in making we know, and we are going to get into majority side to do the right thing. sure that we have a very strong U.S. We said there could be a 9/11 Commis- this tomorrow night, and like I said, I economy where everyone shares in it, sion. The Republicans did not want it. challenge the majority side to try to go everyone makes money. Small busi- The American people joined in us. in the bathroom and look in the mirror nesses are able to do what they have to We said there should be a national and say, ‘‘I can go out there and say do, and making sure that we have in- strategy on homeland security and we this is right.’’ We are 110 percent right tegrity in a government that people should have a department addressing on this, just like we were right on the know when they pay their taxes that the issues of homeland security. Re- K Street Project. We are talking fact those dollars are going in the right publicans did not want it. The Amer- here. place. We balanced the budget. ican people joined with us, and we have The President signed a bill that I challenge the Republican majority a Department of Homeland Security. many have said is unconstitutional. It to say the same thing. Not that we cut We said we need to come to Wash- is not an identical bill. All of us know it in half or took a quarter of it. That ington, DC, and deal with body armor it. The issue about secrecy and mis- is not what we did. We balanced the on behalf of the troops in Iraq. The Re- leading the public is becoming an ev- budget with surpluses as far as the eye publicans said they have their armor. eryday occurrence here in Washington, could see. Donald Rumsfeld came down from the DC. I challenge the Republican side to Department of Defense and said we I think it is fundamentally wrong for come with one proposal and say any have a strategy, we have a plan. Oil is us to salute one flag, believe in the time in the history of the Republic going to pay for the war. All of these bedrock of a Constitution and to allow that they have done that, period dot. things that we now know are incorrect. individuals that are in control now to That is just the bottom line. History We said it, and then the Republican say a couple of words are different and speaks to it, the CONGRESSIONAL majority started responding to it. there is more money here than there, RECORD speaks to it, and the Congres- I can tell you in this case, as it re- what is the big deal. I signed it, it is sional Budget Office speaks to it. lates to fiscal responsibility, the record done, we are in control, and who is It is not the Kendrick Meek Report does not reflect a past history of this going to question us, Mr. Speaker. or the Tim Ryan Report. We are not Republican majority doing the right They say, who is going to call us before here to entertain the Congress. We are thing and balancing the budget. the committee and say, excuse me, who here to make sure that these individ- is going to send subpoenas to the White uals that are in control on the major- b 2300 House and say, did you know these ity side understand that we mean seri- We didn’t say that we were going to bills were not identical? Who is going ous business about saving this country cut the budget in half. We said, we’ll to call in the leadership of the House not on behalf of Republicans or Demo- balance the budget. And we did. We and Senate and say, how could you do crats or Independents but on behalf of have an innovation agenda, if given the something when you knew they were the American people. opportunity, and we invite our Repub- not identical bills? Well, it is not a big Are we passionate? You are doggone lican friends that are over there, that a deal because they are in charge. right we are passionate. We are pas- few of them think the way we think, Mr. Speaker, if the American people sionate for all of the right reasons. We move with us in moving this agenda to- were to bring about the kind of para- are not here arguing on behalf of some- gether. We are talking about all of the digm shift that this country deserves one who said let us just talk about good stuff that the American people in the next election, my goodness, it things are bad because we need to are asking for, Mr. RYAN. They are ask- will take up a lot of time here in Con- make up some kind of story because we ing for creating an educated, skilled gress to be able to fix what is broken. want to be in control of the U.S. Con- workforce in the areas of science, Maybe the Republican majority may gress. This is fact. This is fact. math, engineering and information say we need to start working on a bi- I do not care if you have a club of technology. They are asking for an in- partisan basis and start working with hard-core individuals saying that I vestment as it relates to Federal re- the Democrats on some of these issues. want to support corruption, cronyism search and development initiatives in

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H328 CONGRESSIONAL RECORD — HOUSE February 15, 2006 promoting public-private partnerships. ments. That is 2004, vote number 534, have several other examples on that We are saying that we want every basically saying, we need to put a sys- chart. American to have access to affordable tem in place to make sure that this Mr. RYAN of Ohio. I want to talk broadband. That is making sure that Congress doesn’t just spend money about how the veterans could be they have access to the Internet, mak- recklessly like they are doing now. helped. ing sure their children have access, $9 billion lost in Iraq. Mr. MEEK of Florida. We don’t want seniors and every household can afford $16 billion to the energy companies, to hold the veterans off. But what I it. What is the deal about saying, some the oil industry in particular, the most want to just say real quick, Mr. RYAN, people can afford it, some people can’t? profitable industry in the world right $1 million a day would be able to solve We are a country. We are not a bunch now. many issues in the gulf coast right now of individuals. And we are saying that Billions upon billions upon billions of of individuals who are homeless. We we will achieve energy independence in dollars to the pharmaceutical industry are evicting individuals out of tem- developing emerging technology and in corporate welfare. And we are not porary housing at this point and mak- clean substantive alternatives to balancing the budget. We are taking ing them homeless. Not people over- strengthen national security and pro- the money again and we are borrowing seas, not folks in Iraq, people that pay tect our environment, not within 20 it. We are borrowing money we don’t taxes every day here in the United years, not within 50 years, not within have and we are giving it to people who States. They are in Mississippi. They 100 years. We are talking about 10 have a lot of money. are in Alabama. They are definitely in Louisiana. They are in Texas. They are years, Mr. Speaker. It can happen. This is the interest payments that we in places that are a part of this coun- We know together, Mr. RYAN, in are making in the red. This is the in- America, we can do better. We are will- vestments that we are making in edu- try. We are telling them that we can’t ing to partner with the American peo- cation, homeland security and vet- do it. We have individuals that come to the ple like we have done before. But I can erans. floor, Mr. RYAN, saying we have got to Mr. MEEK, I know we are beginning tell you right now, Mr. RYAN, this Re- wean the American people off the Fed- to wrap up and work our way out here, publican majority, they didn’t get it 10 eral tax dollar. We need to wean the years ago, they are not getting it now, but I just want to share this with the special interests and irresponsibility and they won’t get it tomorrow. Speaker and the Members of Congress. and the corruption tax that we are put- Mr. RYAN of Ohio. As you were talk- What else could the government do if ting on the backs of Americans. We are ing about, the Democrats have a his- we weren’t so far in debt and had to putting a heavy corruption tax on the tory of balancing budgets in this pay all this interest? backs of Americans. I just want to say Chamber. In 1993, without one Repub- Mr. MEEK of Florida. I think that is this out loud because I want to make lican vote, the Democrats balanced the important, Mr. RYAN. sure, Mr. Speaker, that the Members budget and it was signed into law by Mr. RYAN of Ohio. It is an important know. I want them to see this ball President Clinton, led to great sur- answer. What else could the govern- coming and it is not a softball. It is a pluses, the greatest expansion in the ment do with the interest the country baseball. We are going to talk about history of the country and created over pays every day on the publicly held this corruption tax and we are going to 20 million jobs. debt? We could invest $1 million a day, talk about it and we are going to talk Now, the Democrats have tried, while Mr. MEEK, in every single congres- about it and we are going to point out we have been down here, to try to get sional district. Every district. So at to the Members what it is costing the our friends on the Republican aisle to the end of the year, you would have American people. We are going to point show some fiscal discipline, to show a $365 million to invest into your con- out to the Members what it is costing little bit of fiscal restraint. And we gressional district in South Florida. I their constituents. And if we want to have tried. There is a provision here know that you have a lot of needs down continue the kind of corruption tax called PAYGO, pay-as-you-go. If you there, as do I in Ohio. and if we want to continue to have this spend money, you have got to pay for Mr. MEEK of Florida. $1 million a air and environment of corruption, cro- it. If you cut revenues, you have got to day. Mr. Speaker, we need to let that nyism and incompetence here in Wash- pay for it. If you increase spending in a sink in. $1 million a day can be able to ington, D.C. and it is costing the very certain program, you have got to pay assist a small business in providing people that woke up one given Tuesday for it. Pay-as-you-go. health care for their employees. $1 mil- Now, over the last few years, Demo- morning very early to vote for rep- lion on the back end of that can pre- resentation, then you go home and ex- crats have tried to reinstate PAYGO vent individuals from paying high which led to all these surpluses in the plain to them how you stood idly by copays, because that is what is taking and allowed this kind of activity to nineties, and then our friends on the the American people under, this whole Republican side got rid of this a few continue. health care issue. So, Mr. RYAN, I just wanted to say years back. But over the last few years, $1 million a day will be able to re- that very quickly, because we are talk- we have tried to put these PAYGO solve some of the issues of over- ing about spending the taxpayers’ dol- rules in. Let me give you three third- crowding and the underfunding of No lars in a responsible way. I think it is party validators, not TIM RYAN, not Child Left Behind in my district. important for us to talk about the KENDRICK MEEK, this is in the CON- $1 million a day, goodness gracious, present. So I just want to put the Mem- GRESSIONAL RECORD. March 30, 2004. Re- maybe we will be able to prevent many bers on notice right now. I want to publicans voted by a vote of 209–209, young Americans from making youth- make sure the Republican majority can ties lose, to reject a motion offered by ful indiscretions so that they don’t get in a huddle and start talking about Representative MIKE THOMPSON, Demo- have to be on the taxpayers’ dole and how we are going to deflect this issue crat from California, to instruct the being incarcerated. on the corruption tax, because I am budget conferees to put the pay-as-you- Mr. RYAN of Ohio. And we talk going to tell you right now, this cul- go requirements in the 2006 budget res- about getting our children prepared to ture of corruption that is ongoing right olution. That is 2004, vote number 97, if become engineers and scientists in part now in Washington, D.C., and I am not you would like to check it out, Mr. of our innovation agenda. Just what we talking about individuals, I am talking Speaker. Also, May 5, 2004, Republicans pay every day on the debt could enroll about the corruption tax based on the voted by a vote of 208–215 to reject a almost 61,000 children in Head Start for policies that have passed out of this in- similar motion by Representative DEN- an entire year. We are getting young stitution. When it is okay, Mr. RYAN, NIS MOORE, Democrat from Kansas. kids who are at risk into the Head for the President to sign a bill that is That is 2004, vote number 145. And then Start program which has shown that not identical, that deals with the budg- again, November 18, 2004, Republicans there is constant improvement and et of these United States and then voted to block consideration of the they fare much better than kids who someone says, excuse me, Mr. Presi- Charlie Stenholm amendment to the don’t get in. dent, you know you just signed a bill debt limit increase bill which would Mr. MEEK of Florida. Mr. RYAN, I that is unconstitutional? And the mes- have restored pay-as-you-go require- know you want to move on and you sage comes back, well, it’s okay, it’s

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H329 gone now, there’s nothing we can do on this debt. And those payments are There will be books written about about it, there is something wrong. I going to the Chinese government and this time right now, about the irre- think that is a crack in the face to de- the OPEC countries, Mr. MEEK. That is sponsibility that took place in this mocracy, Mr. RYAN. a shame. That is a dirty shame. country’s history, the highest deficit in Mr. RYAN of Ohio. I agree 100 per- Mr. MEEK of Florida. Mr. RYAN, we the history of the Republic, more cor- cent with you, my friend. could do better. We could do better if ruption and investigations and people Mr. MEEK of Florida. Please go to we were in the majority. But we are of interest right now in the history of the veterans. not. I can tell you that I miss our this country. This is not, oh, well, in 10 Mr. RYAN of Ohio. I wanted to finish friend, DEBBIE WASSERMAN SCHULTZ, years or more people of interest or in- up. I want to just say thank you to you who is usually here who puts it best. vestigations in 20 years. In the history for coming down here every night and We are trying, but she knows how to of this country. So this calls for special making these points in such a pas- hit the nail right on the head. attention. sionate way. Mr. RYAN of Ohio. A lot of air comes So I call upon the Members of this The debt and the deficit I think real- out of the balloon. Congress to look in the mirror real ly as you are talking about are part of Mr. MEEK of Florida. When she quick. Do you want to talk about lob- this corruption tax. And I know I want- speaks because I think it is important bying reform? Well, I can tell you this ed to get into this, but these are the for people to understand that this right now, and this just comes from the numbers here. This is what we owe. thing is bigger than the two of us and book of common sense: I am pretty This is what the national debt is. $8.2 that it is bigger than the 30-some- sure the lobbyists did not call up Cap- trillion. You want to let a number sink things. And that you are addressing itol Hill and say, hey, listen, we want in? Try to wrap your brain around that not only Americans in Ohio but Ameri- you to start a K Street project because sucker. $8.2 trillion. Every Member of cans throughout the country. $27,500 we want to be forced to hire ex-staffers Congress, every child, every adult, that is owed by every Americans, not from the Republican Party. That is every senior citizen, your share of that just Democrats, not just Republicans, just what we want. Or we want to make debt is $27,500. So take your credit card not just Independents, not just Green sure that we have to give X amount of debt, take your house, take your car, Party, Mr. Speaker, that is every campaign contributions to a particular add it all up and throw another $27,500 American. So we look forward to Ms. party. They did not call that up. So what I am going to say right now, on it. Take your college loans and WASSERMAN SCHULTZ coming back and throw another $27,500 on it because of sharing with the American people what Mr. Speaker, is I think that we need to the fiscal irresponsibility of this Con- they need to know. make sure that we do the right thing. Mr. RYAN, I just want to say, sir, gress and this administration. Mr. RYAN, I know that we are going that I appreciate your candor. I appre- This number has gone up dramati- to come in for a landing here in about ciate your courage. It would be some- cally over the past 5 years. The Repub- 3 to 4 minutes, and you know that we thing very, very wrong for us to do if lican majority has raised the debt have a meeting to talk about some of we came to the floor and talked about limit, allowing the Treasury Depart- the information that we just received fiction. This is fact. So I look forward ment to borrow more money, five today that is going on in this House of to any Member that wants to talk times. And they are not done. Five Representatives, Mr. Speaker. There about balancing the budget, Mr. Speak- times, Mr. MEEK. And they are not are not enough hours in the day. er. I am ready, set, go. My chin strap is done. Many high-powered Members of b 2315 buckled, and my mouthpiece is in. I Congress got this letter from Secretary want to talk about it. I am saying let’s of Treasury John Snow saying that the Literally, there are not enough hours get down, low man wins. I am ready to United States needs the Republican in the day; and, thanks to the major- do what we have to do. If you want to Congress to raise the debt ceiling one ity, we are having to spend these hours talk about it, I can tell you right now more time. in a late night, Mr. Speaker, trying to on this side of the aisle, we have done Mr. MEEK of Florida. As soon as pos- turn the ship and save this country on it. And until the Republican majority sible. That is what the letter says. a fiscal standpoint. can say that we have done it, then Mr. RYAN of Ohio. As soon as pos- Do not get me wrong. We are not there is really no discussion. sible. This particular letter was sent talking about individual decisions. We Mr. RYAN held up the letter from December 29 to Senator MCCONNELL. know that people make bad decisions. Individuals make bad decisions, and we Secretary Snow. I held it up an hour Dear Senator MCCONNELL: ago. The man is saying for the sixth can survive an individual bad decision. The administration now projects that time, Mr. Speaker, that we have to But when we have an entire culture of the statutory debt limit, currently raise the debt limit. It does not sound corruption and the corruption tax that $8.184 trillion, will be reached in mid like things are in order. It does not is going on here in the United States as February of 2006. sound like there is fiscal responsi- I speak now, Mr. Speaker, we have got Mr. MEEK of Florida. That is right bility. It does not sound like there are to burn the midnight oil. We have got now. individuals that are being responsible to drink an extra cup of coffee in the Mr. RYAN of Ohio. And at that time with taxpayer dollars. morning. We have got to go to the gym unless the debt limit is raised or the And the bottom line, Mr. RYAN, is the Treasury Department takes authorized and take a hot shower so we can make Republican majority is in charge. Not extraordinary actions, we will be un- this thing happen. And we are going to Democrats. Republicans are in charge, able to continue to finance government continue to meet and caucus, do the for the sixth time in a row, raising the operations. things that we need to do. debt limit. For the sixth time in a row, Now, that is where we are. Because of I want to commend our staff to do irresponsibility. that number, my friends, because of the same thing. I want to commend So I look forward, Mr. RYAN, to our that number and that number, the gov- you, Mr. RYAN, Ms. WASSERMAN meeting after we leave the floor. I look ernment will shut down unless we go SCHULTZ, and the rest of the 30-some- forward to hitting the alarm clock in out and borrow more money. That is ir- things for doing what we do. Because I the morning, taking my kids to school, responsible. I have got a friend back am going to tell you something. It is and coming to the Capitol. I look for- home. I won’t give his last name. His extra-extraordinary. We have got to be ward to our cup of coffee in the morn- first name is Dave. He is a banker. He here in the morning just like everyone ing in the cafeteria downstairs talking consistently addresses this issue as we else to get out and do what we need to about what is the game plan for today. talk, how the country cannot keep do on behalf of our constituents. We So thank you, sir, for your service to going on and on and on borrowing this have got to go to more meetings pos- the country; and I want to thank Ms. kind of money without putting the bur- sibly, Mr. Speaker, than the majority WASSERMAN SCHULTZ in her absence, den on the next generation. has to go to because we are in the busi- too. For those people who don’t think this ness of making sure that we represent Mr. RYAN of Ohio. Thank you. matters, your share of your tax reve- not only our constituents but the Mr. MEEK of Florida. If you would nues are going to pay off the interest American people in this time. give the Web site out.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H330 CONGRESSIONAL RECORD — HOUSE February 15, 2006 Mr. RYAN of Ohio. The Web site is S. 1777. An act to provide relief for the vic- tice for Multiemployer Defined Benefit Pen- www.housedemocrats.gov/30something. tims of Hurricane Katrina; to the Committee sion Plans (RIN: 1210-AB00) received January We ask the Members to send us some- on Transportation and Infrastructure, in ad- 11, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and the Work- thing if they have any comments about dition to the Committee on the Judiciary for a period to be subsequently determined by force. what we have been talking about. the Speaker, in each case for consideration 6197. A letter from the Deputy Executive Mr. MEEK of Florida. With that, Mr. of such provisions as fall within the jurisdic- Director, Pension Benefit Guaranty Corpora- Speaker, we thank the Democratic tion of the committee concerned. tion, transmitting the Corporation’s final leader for allowing us to be here. rule — Valuation of Benefits; Mortality As- f sumptions (RIN: 1212-AA55) received January f ADJOURNMENT 9, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to OMISSION FROM THE CONGRES- the Committee on Education and the Work- Mr. MEEK of Florida. Mr. Speaker, I SIONAL RECORD OF TUESDAY, force. move that the House do now adjourn. 6198. A letter from the Deputy Executive FEBRUARY 14, 2006 AT PAGE H270 The motion was agreed to; accord- Director, Pension Benefit Guaranty Corpora- ingly (at 11 o’clock and 20 minutes tion, transmitting the Corporation’s final p.m.), the House adjourned until to- rule — Disclosure to Participants; Benefits SENATE BILLS REFERRED Payable in Terminated Single-Employer morrow, Thursday, February 16, 2006, Plans — received January 9, 2006, pursuant A bill of the Senate of the following at 10 a.m. title was taken from the Speaker’s to 5 U.S.C. 801(a)(1)(A); to the Committee on f Education and the Workforce. table and, under the rule, referred as 6199. A letter from the Deputy Executive follows: EXECUTIVE COMMUNICATIONS, Director, Pension Benefit Guaranty Corpora- S. 2166. An act to direct the Election As- ETC. tion, transmitting the Corporation’s final rule — Benefits Payable in Terminated Sin- sistance Commission to make grants to Under clause 8 of rule XII, executive States to restore and replace election admin- gle-Employer Plans; Allocation of Assets in istration supplies, materials, records, equip- communications were taken from the Single Employer Plans; Interest Assump- ment, and technology which were damaged, Speaker’s table and referred as follows: tions for Valuing and Paying Benefits — re- destroyed, or dislocated as a result of Hurri- 6189. A letter from the Secretary, Depart- ceived January 9, 2006, pursuant to 5 U.S.C. cane Katrina or Hurricane Rita; to the Com- ment of Commerce, transmitting a report of 801(a)(1)(A); to the Committee on Education mittee on House Administration. a violation of the Antideficiency Act by the and the Workforce. 6200. A letter from the Deputy Executive f National Oceanic and Atmospheric Adminis- tration, pursuant to 31 U.S.C. 1517(b); to the Director, Pension Benefit Guaranty Corpora- LEAVE OF ABSENCE Committee on Appropriations. tion, transmitting the Corporation’s final rule — Benefits Payable in Terminated Sin- By unanimous consent, leave of ab- 6190. A letter from the Under Secretary for Personnel and Readiness, Department of De- gle-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assump- sence was granted to: fense, transmitting a letter on the approved tions for Valuing and Paying Benefits — Mr. HINCHEY (at the request of Ms. retirement of Vice Admiral David L. Brewer February 8, 2006, pursuant to 5 U.S.C. PELOSI) for today and the balance of III, United States Navy, and his advance- 801(a)(1)(A); to the Committee on Education the week on account of illness. ment to the grade of vice admiral on the re- and the Workforce. Mr. OSBORNE (at the request of Mr. tired list; to the Committee on Armed Serv- 6201. A letter from the Deputy Director, BOEHNER) for today and the balance of ices. Defense Security Cooperation Agency, trans- the week on account of official busi- 6191. A letter from the Acting President mitting the annual report on Military As- ness in the district. and Chairman, Export-Import Bank of the sistance, Military Exports, and Military Im- United States, transmitting a report on ports for Fiscal Year 2005, as required by f transactions involving U.S. exports to the Section 655 of the Foreign Assistance Act of SPECIAL ORDERS GRANTED Kingdom of the Netherlands pursuant to Sec- 1961 (FAA), as enacted 10 February 1996, by tion 2(b)(3) of the Export-Import Bank Act of Section 1324 of Pub. L. 104–106, and 21 July By unanimous consent, permission to 1945, as amended; to the Committee on Fi- 1996, by Section 148 of Pub. L. 104–164; to the address the House, following the legis- nancial Services. Committee on International Relations. lative program and any special orders 6192. A letter from the Director, Child Nu- 6202. A letter from the Associate Director, heretofore entered, was granted to: trition Division, FNS, Department of Agri- PP&I, OFAC, Department of the Treasury, (The following Members (at the re- culture, transmitting the Department’s final transmitting the Department’s final rule — Economic Sanctions Enforcement Proce- quest of Mr. GENE GREEN of Texas) to rule — Child and Adult Care Food Program: dures for Banking Institutions — January 11, revise and extend their remarks and in- Age Limits for Children Receiving Meals in Emergency Shelters (RIN: 0584-AD56) re- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the clude extraneous material:) ceived January 17, 2006, pursuant to 5 U.S.C. Committee on International Relations. Mr. DEFAZIO, for 5 minutes, today. 801(a)(1)(A); to the Committee on Education 6203. A letter from the Associate Director, Mr. EMANUEL, for 5 minutes, today. and the Workforce. PP&I, OFAC, Department of the Treasury, Mr. PALLONE, for 5 minutes, today. 6193. A letter from the Acting Director, transmitting the Department’s final rule — Partial Withdrawal of Proposed Rule — Jan- Mr. GENE GREEN of Texas, for 5 min- OSRV, MSHA, Department of Labor, trans- mitting the Department’s final rule — Train- uary 11, 2006, pursuant to 5 U.S.C. utes, today. 801(a)(1)(A); to the Committee on Inter- Ms. DELAURO, for 5 minutes, today. ing Standards for Shaft and Slope Construc- tion Workers at Underground Mines and Sur- national Relations. Mr. GEORGE MILLER of California, for 6204. A letter from the Assistant Secretary, face Areas of Underground Mines (RIN: 1219- Legislative Affairs, Department of State, 5 minutes, today. AB35) received January 24, 2006, pursuant to transmitting the Department’s final rule — Ms. KAPTUR, for 5 minutes, today. 5 U.S.C. 801(a)(1)(A); to the Committee on Hague Convention on Intercountry Adoption; Mr. WYNN, for 5 minutes, today. Education and the Workforce. Inventory Adoption Act of 2000; Accredita- Ms. SOLIS, for 5 minutes, today. 6194. A letter from the Acting Director, tion of Agencies; Approval of Persons (RIN: Ms. HERSETH, for 5 minutes, today. OSRV, MSHA, Department of Labor, trans- 1400-AA-88) received January 30, 2006, pursu- Mr. RUSH, for 5 minutes, today. mitting the Department’s final rule — Low- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. STUPAK, for 5 minutes, today. and Medium-Voltage Diesel-Powered Elec- on International Relations. (The following Members (at the re- trical Generators (RIN: 1219-AA98) received 6205. A letter from the Acting Secretary to January 24, 2006, pursuant to 5 U.S.C. the Council, Council of the District of Co- quest of Mr. POE) to revise and extend 801(a)(1)(A); to the Committee on Education their remarks and include extraneous lumbia, transmitting a copy of Council Reso- and the Workforce. lution 16-443 the, ‘‘Transfer of Jurisdiction material:) 6195. A letter from the Acting Director, Over a Portion of U.S. Reservation 475, Fort Mr. BURGESS, for 5 minutes, today OSHA Directorate of Standards and Guid- Mahan Park Approval Resolution of 2006,’’ and February 16. ance, Department of Labor, transmitting the pursuant to D.C. Code section 1–233(c)(1); to Mr. GINGREY, for 5 minutes, today. Department’s final rule — Roll-Over Protec- the Committee on Government Reform. tive Structures [Docket No. S-270-A] (RIN: 6206. A letter from the General Counsel, f 1218-AC15) received January 9, 2006, pursuant General Accounting Office, transmitting the SENATE BILL REFERRED to 5 U.S.C. 801(a)(1)(A); to the Committee on FY 2005 report of the instances in which a Education and the Workforce. federal agency did not fully implement a rec- A bill of the Senate of the following 6196. A letter from the Assistant Secretary, ommendation made by the GAO in connec- title was taken from the Speaker’s Employee Benefits Security Administration, tion with a bid protest decided the prior fis- table and, under the rule, referred as Department of Labor, transmitting the De- cal year, pursuant to 31 U.S.C. 3554(e)(2); to follows: partment’s final rule — Annual Funding No- the Committee on Government Reform.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE February 15, 2006 CONGRESSIONAL RECORD — HOUSE H331 6207. A letter from the Chairman, Chris- 6224. A letter from the Director, Office of anic and Atmospheric Administration, trans- topher Columbus Fellowship Foundation, Personnel Management, transmitting the Of- mitting the Administration’s final rule — transmitting pursuant to the Accountability fice’s Congressional Budget Justification and Fisheries of the Northeastern United States; of Tax Dollars Act, the Foundation’s Form Performance Budget for FY 2007; to the Com- Tilefish Fishery; Adjustment to the Fishing and Content Reports for the fourth quarter mittee on Government Reform. Year 2006 Tilefish Full-time Tier 1 Permit of FY 2005 and the first quarter of FY 2006 as 6225. A letter from the Secretary, Smithso- Category Commercial Quota [Docket No. preparedby the U.S. General Services Admin- nian Institution, transmitting in accordance 010319075-1217-02; I.D. 122905B] received Janu- istration; to the Committee on Government with Section 647(b) of Division F of the Con- ary 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); Reform. solidated Appropriations Act, FY 2004, Pub. to the Committee on Resources. 6208. A letter from the Deputy CHCO/Direc- L. 108-199, the Institution’s report on com- 6234. A letter from the Director, Office of tor, HCM, Department of Energy, transmit- petitive sourcing efforts for FY 2005; to the Sustainable Fisheries, NMFS, National Oce- ting a report pursuant to the Federal Vacan- Committee on Government Reform. anic and Atmospheric Administration, trans- cies Reform Act of 1998; to the Committee on 6226. A letter from the Executive Sec- mitting the Administration’s final rule — Government Reform. retary/Chief of Staff, U.S. Agency for Inter- Atlantic Highly Migratory Species; Atlantic 6209. A letter from the General Counsel, national Development, transmitting a report Bluefin Tuna Fisheries [I.D. 010406B] received Department of Health and Human Services, pursuant to the Federal Vacancies Reform January 24, 2006, pursuant to 5 U.S.C. transmitting a report pursuant to the Fed- Act of 1998; to the Committee on Govern- 801(a)(1)(A); to the Committee on Resources. eral Vacancies Reform Act of 1998; to the ment Reform. 6235. A letter from the Director, Office of Committee on Government Reform. 6227. A letter from the Acting Assistant Sustainable Fisheries, NMFS, National Oce- 6210. A letter from the Presidential Ap- Secretary for Fish and Wildlife and Parks, anic and Atmospheric Administration, trans- pointments Officer, Department of State, Department of the Interior, transmitting the mitting the Administration’s final rule — transmitting a report pursuant to the Fed- Department’s final rule — Migratory Bird Magnuson-Stevens Fishery Conservation and eral Vacancies Reform Act of 1998; to the Hunting; Approval of Tungsten-Iron-Copper- Management Act Provisions; Fisheries of the Committee on Government Reform. Nickel, Iron-Tungsten-Nickel Alloy, Tung- Northeastern United States; Northeast 6211. A letter from the Presidential Ap- sten-Bronze (Additional Formulation), and Multispecies Fishery; Quota Adjustment for pointments Officer, Department of State, Tungsten-Tin-Iron Shot Types as Nontoxic the Closed Area 1 Hook Gear Haddock Spe- transmitting a report pursuant to the Fed- for Hunting Waterfowl and Coots; Avail- cial Access Program [Docket No. 050630174- eral Vacancies Reform Act of 1998; to the ability of Environmental Assessments (RIN: 5234-02; I.D. 121505A] received January 9, 2006, Committee on Government Reform. 1018-AU04; RIN: 1018-AU09; RIN: 1018-AU13; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6212. A letter from the Presidential Ap- RIN: 1018-AU28) received January 25, 2006, mittee on Resources. pointments Officer, Department of State, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6236. A letter from the Deputy Assistant transmitting a report pursuant to the Fed- mittee on Resources. Administrator for Regulatory Programs, eral Vacancies Reform Act of 1998; to the 6228. A letter from the Acting Director, Of- NMFS, National Oceanic and Atmospheric Committee on Government Reform. fice of Surface Mining, Department of the In- Administration, transmitting the Adminis- 6213. A letter from the Presidential Ap- terior, transmitting the Department’s final tration’s final rule — Fisheries of the Carib- rule — Iowa Regulatory Program [Docket pointments Officer, Department of State, bean, Gulf of Mexico, and South Atlantic; No. IA-015-FOR] received January 26, 2006, transmitting a report pursuant to the Fed- Gulf of Mexico Essential Fish Habitat pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- eral Vacancies Reform Act of 1998; to the Amendment [Docket No. 050915240-5332-02; mittee on Resources. Committee on Government Reform. I.D. 090905A] (RIN: 0648-AS66) received Janu- 6214. A letter from the Presidential Ap- 6229. A letter from the Acting Deputy As- ary 17, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); pointments Officer, Department of State, sistant Administrator for Regulatory Pro- grams, NMFS, National Oceanic and Atmos- to the Committee on Resources. transmitting a report pursuant to the Fed- 6237. A letter from the Deputy Assistant pheric Administration, transmitting the Ad- eral Vacancies Reform Act of 1998; to the Administrtaor for Regulatory Programs, ministration’s final rule — Groundfish Fish- Committee on Government Reform. NMFS, National Oceanic and Atmospheric 6215. A letter from the Presidential Ap- eries of the Exclusive Economic Zone Off the Administration, transmitting the Adminis- pointments Officer, Department of State, Coast of Alaska; Recordkeeping and Report- tration’s final rule — Fisheries of the Carib- transmitting a report pursuant to the Fed- ing [Docket No. 050628170-5328-02; I.D. bean, Gulf of Mexico, and South Atlantic; eral Vacancies Reform Act of 1998; to the 062105B] (RIN: 0648-AR67) received January Gulf of Mexico Commercial Grouper Fishery Committee on Government Reform. 17, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 6216. A letter from the Presidential Ap- the Committee on Resources. Trip Limit [Docket No. 051114298-5338-02; I.D. pointments Officer, Department of State, 6230. A letter from the Deputy Assistant 110105C] (RIN: 0648-AT12) received January transmitting a report pursuant to the Fed- Administrator for Operations, NMFS, Na- 17, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to eral Vacancies Reform Act of 1998; to the tional Oceanic and Atmospheric Administra- the Committee on Resources. 6238. A letter from the Acting Director, Of- Committee on Government Reform. tion, transmitting the Administration’s final 6217. A letter from the Presidential Ap- rule — Fisheries of the Exclusive Economic fice of Sustainable Fisheries, NMFS, Na- pointments Officer, Department of State, Zone Off Alaska; Cape Sarlchef Research Re- tional Oceanic and Atmospheric Administra- transmitting a report pursuant to the Fed- striction Area Opening for the Groundfish tion, transmitting the Administration’s final eral Vacancies Reform Act of 1998; to the Fisheries of the Bering Sea and Aleutian Is- rule — Fisheries Off West Coast States and Committee on Government Reform. lands Management Area [Docket No. in the Western Pacific; West Coast Salmon 6218. A letter from the Attorney Advisor, 051017269-6002-02; I.D. 100705C] (RIN: 0648- Fisheries; Inseason Action #10 — Adjustment Department of Transportation, transmitting AT54) received January 24, 2006, pursuant to of the Recreational Fishery from Leadbetter a report pursuant to the Federal Vacancies 5 U.S.C. 801(a)(1)(A); to the Committee on Point, Washington, to Cape Falcon, Oregon Reform Act of 1998; to the Committee on Resources. [Docket No. 050426117-5117-01; ID. 110905E] re- Government Reform. 6231. A letter from the Acting Director, Of- ceived January 17, 2006, pursuant to 5 U.S.C. 6219. A letter from the Attorney Advisor, fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Resources. Department of Transportation, transmitting tional Oceanic and Atmospheric Administra- 6239. A letter from the Acting Director, Of- a report pursuant to the Federal Vacancies tion, transmitting the Department’s final fice of Sustainable Fisheries, NMFS, Na- Reform Act of 1998; to the Committee on rule — Fisheries of the Northeastern United tional Oceanic and Atmospheric Administra- Government Reform. States; Atlantic Herring Fishery; Total Al- tion, transmitting the Administration’s final 6220. A letter from the Attorney Advisor, lowable Catch Harvested for Management rule — Fisheries of the Exclusive Economic Department of Transportation, transmitting Area 1B [Docket No. 050112008-5102-02; I.D. Zone Off Alaska; Groundfish in the Bering a report pursuant to the Federal Vacancies 121205D] received January 9, 2006, pursuant to Sea and Aleutian Islands Management Area Reform Act of 1998; to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 041126332-5039-02; I.D. 122305A] re- Government Reform. Resources. ceived January 9, 2006, pursuant to 5 U.S.C. 6221. A letter from the Attorney Advisor, 6232. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. Department of Transportation, transmitting fice of Sustainable Fisheries, NMFS, Na- f a report pursuant to the Federal Vacancies tional Oceanic and Atmospheric Administra- Reform Act of 1998; to the Committee on tion, transmitting the Administration’s final REPORTS OF COMMITTEES ON Government Reform. rule — Fisheries of the Exclusive Economic PUBLIC BILLS AND RESOLUTIONS 6222. A letter from the Attorney Advisor, Zone Off Alaska; Pacific Cod by Catcher Ves- Under clause 2 of rule XIII, reports of Department of Transportation, transmitting sels 60 feet (18.3 Meters) Length Overall and committees were delivered to the Clerk a report pursuant to the Federal Vacancies Longer Using Hook-and-line Gear in the Ber- Reform Act of 1998; to the Committee on ing Sea and Aleutian Islands Management for printing and reference to the proper Government Reform. Area [Docket No. 041126332-5039-02; I.D. calendar, as follows: 6223. A letter from the Chairman and Chief 120705A] received January 24, 2006, pursuant Mr. TOM DAVIS of Virginia: Select Bipar- Executive Officer, Farm Credit Administra- to 5 U.S.C. 801(a)(1)(A); to the Committee on tisan Committee to Investigate the Prepara- tion, transmitting a report on the proposed Resources. tion for and Response to Hurricane Katrina. fiscal year 2007 budget; to the Committee on 6233. A letter from the Director, Office of Final Report of the Select Bipartisan Com- Government Reform. Sustainable Fisheries, NMFS, National Oce- mittee to Investigate the Preparation for

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and Response to Hurricane Katrina (Rept. REZ, Mr. DAVIS of Illinois, and Mr. Mr. MARIO DIAZ-BALART of Florida, 109–377). Referred to the Committee of the EVANS): and Mr. LINCOLN DIAZ-BALART of Whole House on the State of the Union. H.R. 4760. A bill to amend title XXI of the Florida): Social Security Act to make all uninsured f H. Con. Res. 341. Concurrent resolution children eligible for the State children’s condemning the Government of Iran for vio- PUBLIC BILLS AND RESOLUTIONS health insurance program, to encourage lating its international nuclear nonprolifera- States to increase the number of children en- Under clause 2 of rule XII, public tion obligations and expressing support for rolled in the Medicaid and State children’s bills and resolutions were introduced efforts to report Iran to the United Nations health insurance programs by simplifying Security Council; to the Committee on and severally referred, as follows: the enrollment and renewal procedures for International Relations. By Mr. TANCREDO (for himself, Mr. those programs, and for other purposes; to By Mr. ANDREWS: PAYNE, Mr. JEFFERSON, Mr. BISHOP of the Committee on Energy and Commerce, Georgia, Mr. MCNULTY, Mr. HOLT, and in addition to the Committee on Ways H. Con. Res. 342. Concurrent resolution ex- Mr. WOLF, and Mr. AL GREEN of and Means, for a period to be subsequently pressing the sense of Congress relating to a Texas): determined by the Speaker, in each case for free trade agreement between the United H.R. 4754. A bill to establish a student loan consideration of such provisions as fall with- States and Taiwan; to the Committee on forgiveness program for members of the Su- in the jurisdiction of the committee con- Ways and Means. danese Diaspora to enable them to return to cerned. By Mr. BOEHLERT (for himself, Mr. southern Sudan and contribute to the recon- By Mr. JINDAL (for himself, Mr. HINCHEY, Mr. FOSSELLA, Mrs. MCCAR- struction effort of southern Sudan; to the BAKER, Mr. BOUSTANY, and Mrs. THY, Mr. WALSH, Mr. ENGEL, Mr. Committee on Education and the Workforce. DRAKE): SWEENEY, Mr. NADLER, Mr. BISHOP of By Mrs. KELLY (for herself, Mr. H.R. 4761. A bill to provide for exploration, New York, Mr. MCHUGH, and Mr. COSTELLO, Mr. KING of New York, Mr. development, and production activities for MCNULTY): DAVIS of Kentucky, Mr. ENGLISH of mineral resources on the outer Continental H. Con. Res. 343. Concurrent resolution rec- Pennsylvania, Mr. WALSH, Mr. NEY, Shelf, and for other purposes; to the Com- ognizing the 50th anniversary of the Com- Mr. LOBIONDO, Mr. SWEENEY, Mr. SIM- mittee on Resources. mission on Independent Colleges and Univer- MONS, Mr. RENZI, Mr. MCHUGH, Mr. By Ms. MILLENDER-MCDONALD: sities; to the Committee on Education and GERLACH, Mr. BOEHLERT, Mrs. EMER- H.R. 4762. A bill to secure the Federal vot- the Workforce. SON, Mr. DEFAZIO, Ms. BERKLEY, Mr. ing rights of a person upon the unconditional By Mr. PALLONE (for himself and Mr. PASCRELL, Mr. SALAZAR, Mr. HOLDEN, release of that person from prison and the CROWLEY): Mr. ANDREWS, Mr. SCHIFF, Mr. BISHOP completion of sentence, including parole; to H. Con. Res. 344. Concurrent resolution ex- of New York, Mr. CONYERS, Mr. the Committee on the Judiciary. pressing the sense of Congress that the Gov- HONDA, Mr. PALLONE, Mr. PASTOR, By Mr. OBERSTAR: ernment of the Republic of India and the Mr. MICHAUD, Mr. BOSWELL, Ms. H.R. 4763. A bill to provide a comprehen- State Government of Jammu and Kashmir BEAN, Mr. DAVIS of Illinois, and Mr. sive Federal response to problems relating to should take immediate steps to remedy the LARSEN of Washington): methamphetamine abuse; to the Committee H.R. 4755. A bill to amend title 49, United on the Judiciary, and in addition to the situation of the Kashmiri Pandits and should States Code, to modify the mediation and Committees on Energy and Commerce, act to ensure the physical, political, and eco- implementation requirements of section Science, Education and the Workforce, and nomic security of this embattled commu- 40122 regarding changes in the Federal Avia- Transportation and Infrastructure, for a pe- nity; to the Committee on International Re- tion Administration personnel management riod to be subsequently determined by the lations. system, and for other purposes; to the Com- Speaker, in each case for consideration of By Mr. KIND (for himself, Mr. OXLEY, mittee on Transportation and Infrastruc- such provisions as fall within the jurisdic- Ms. WOOLSEY, and Mr. LAHOOD): ture. tion of the committee concerned. H. Res. 680. A resolution recognizing Dr. I. By Mr. BUTTERFIELD (for himself, By Mr. SIMMONS (for himself, Mr. King Jordan for his contributions to Gal- Mr. JONES of North Carolina, Mr. ABERCROMBIE, Mr. SHAYS, Mr. laudet University and the deaf and hard of BISHOP of Georgia, and Mr. BERRY): WELDON of Pennsylvania, Mr. FARR, hearing community; to the Committee on H.R. 4756. A bill to amend the Internal Rev- Mr. DELAHUNT, Mr. GRIJALVA, Mr. Education and the Workforce. enue Code of 1986 to limit the agri-biodiesel OLVER, Mr. PETERSON of Minnesota, By Mr. LIPINSKI (for himself and Mr. credit to oils produced from plants and ani- and Mrs. JOHNSON of Connecticut): INGLIS of South Carolina): mals; to the Committee on Ways and Means. H.R. 4764. A bill to amend section 1368 of H. Res. 681. A resolution supporting the By Mrs. JO ANN DAVIS of Virginia: title 18, United States Code, to include res- goals and ideals of National Engineers Week, H.R. 4757. A bill to amend title XVIII of the cue dogs in its protection; to the Committee and for other purposes; to the Committee on Social Security Act to provide for a perma- on the Judiciary. Science. nent hold harmless provision for sole com- By Mr. WEINER: By Mr. BLUMENAUER (for himself, munity hospitals under the Medicare pro- H.R. 4765. A bill to require the Secretary of Mr. WALDEN of Oregon, Mr. DEFAZIO, spective payment system for covered out- Homeland Security to designate high threat Ms. HOOLEY, Mr. WU, Mr. KENNEDY of patient department services; to the Com- helicopter flight areas and to provide special Minnesota, Mr. LANTOS, Mr. SHAD- mittee on Energy and Commerce, and in ad- rules for screening of passengers and prop- EGG, Mr. GEORGE MILLER of Cali- dition to the Committee on Ways and Means, erty to be transported on passenger heli- fornia, Mrs. MCCARTHY, Mr. HUNTER, for a period to be subsequently determined copters operating to or from such areas and and Mr. BAIRD): by the Speaker, in each case for consider- for helicopters flights in such areas, and for ation of such provisions as fall within the ju- other purposes; to the Committee on Home- H. Res. 682. A resolution congratulating risdiction of the committee concerned. land Security, and in addition to the Com- the University of Portland Pilots women’s By Mr. DEAL of Georgia: mittee on Transportation and Infrastruc- soccer team for winning the 2005 National H.R. 4758. A bill to amend the Tennessee ture, for a period to be subsequently deter- Collegiate Athletic Association Division I Valley Authority Act of 1933 to increase the mined by the Speaker, in each case for con- Women’s Soccer Championship; to the Com- membership of the Board of Directors and re- sideration of such provisions as fall within mittee on Education and the Workforce. quire that each State in the service area of the jurisdiction of the committee concerned. By Mr. FOSSELLA (for himself and the Tennessee Valley Authority be rep- By Mrs. WILSON of New Mexico (for Mr. FORD): resented by at least 1 member; to the Com- herself and Mr. RENZI): H. Res. 683. A resolution honoring Ben- mittee on Transportation and Infrastruc- H.R. 4766. A bill to amend the Native jamin Franklin on the 300th anniversary of ture. American Languages Act to provide for the his birth; to the Committee on Government By Mr. DOOLITTLE (for himself, Mr. support of Native American language sur- Reform. HERGER, Mr. SAM JOHNSON of Texas, vival schools, and for other purposes; to the By Mr. GILLMOR (for himself and Mr. and Mr. MCKEON): Committee on Education and the Workforce. SHIMKUS): H.R. 4759. A bill to amend the Federal Elec- By Ms. ROS-LEHTINEN (for herself, tion Campaign Act of 1971 to reform the fi- Mr. HYDE, Mr. LANTOS, Mr. ACKER- H. Res. 684. A resolution supporting the nancing of campaigns for election for Fed- MAN, Mr. MACK, Mrs. JO ANN DAVIS of goals of National Manufacturing Week, con- eral office; to the Committee on House Ad- Virginia, Ms. HARRIS, Mr. WILSON of gratulating manufacturers and their employ- ministration, and in addition to the Com- South Carolina, Mr. PENCE, Mr. BUR- ees for their contributions growth and inno- mittee on Ways and Means, for a period to be TON of Indiana, Mr. MCCAUL of Texas, vation, and recognizing the challenges facing subsequently determined by the Speaker, in Mr. ISSA, Mr. POE, Mr. CHABOT, Mr. the manufacturing sector; to the Committee each case for consideration of such provi- SHERMAN, Mr. BERMAN, Ms. on Energy and Commerce. sions as fall within the jurisdiction of the SCHAKOWSKY, Mr. TANCREDO, Mr. By Mr. KUCINICH: committee concerned. CROWLEY, Mr. FALEOMAVAEGA, Mr. H. Res. 685. A resolution requesting the By Mr. EMANUEL (for himself, Ms. SCHIFF, Mr. ENGEL, Mr. MCCOTTER, President and directing the Secretary of SCHAKOWSKY, Mr. RUSH, Mr. GUTIER- Mr. CARDOZA, Mr. KING of New York, State and Secretary of Defense provide to

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the House of Representatives certain docu- H.R. 3183: Mr. TIAHRT. H.R. 4625: Ms. HARRIS. ments in their possession relating to any en- H.R. 3255: Mr. AKIN. H.R. 4669: Mr. MILLER of Florida and Mr. tity with which the United States has con- H.R. 3284: Mr. ANDREWS. BARTLETT of Maryland. tracted for public relations purposes con- H.R. 3334: Mr. ALLEN. H.R. 4670: Mr. MILLER of Florida and Mr. cerning Iraq; to the Committee on Armed H.R. 3352: Mr. FORD. WOLF. Services. H.R. 3442: Mr. OLVER. H.R. 4671: Mr. BARTLETT of Maryland, Mr. H.R. 3476: Mr. MURTHA. f MILLER of Florida, and Mr. SMITH of New H.R. 3524: Mr. PASTOR and Mr. HASTINGS of Jersey. ADDITIONAL SPONSORS Florida. H.R. 4681: Mrs. NORTHUP, Mr. FERGUSON, H.R. 3591: Mr. CHOCOLA. Under clause 7 of rule XII, sponsors Mr. WELDON of Pennsylvania, Mr. SESSIONS, H.R. 3656: Mr. ORTIZ. Mr. MEEKS of New York, Ms. HARMAN, and were added to public bills and resolu- H.R. 3659: Mr. ORTIZ. Mr. WAXMAN. tions as follows: H.R. 3854: Mr. SMITH of Washington. H.R. 4696: Mr. KUHL of New York. H.R. 69: Mrs. NORTHUP and Ms. FOXX. H.R. 3858: Mr. ACKERMAN, Mr. GILCHREST, H.R. 4704: Mr. THOMPSON of Mississippi. H.R. 216: Ms. FOXX. and Mr. STARK. H.R. 219: Mr. PETRI. H.R. 3888: Mr. FORD. H.R. 4708: Mr. CONYERS, Mr. WEXLER, and H.R. 282: Mr. ETHERIDGE. H.R. 3940: Mr. BUTTERFIELD. Mr. WAXMAN. H.R. 303: Mr. DOYLE, Mr. LANTOS, and Mr. H.R. 3949: Mr. BISHOP of New York and Mrs. H.R. 4710: Mr. CONYERS and Mr. BERMAN. TAYLOR of North Carolina. LOWEY. H.R. 4713: Mr. KUCINICH and Mrs. CUBIN. H.R. 356: Mr. FITZPATRICK of Pennsylvania. H.R. 3962: Mr. GILLMOR. H.R. 4714: Mr. PETERSON of Minnesota. H.R. 398: Ms. BALDWIN. H.R. 3997: Mr. NEY. H.R. 4722: Mr. GENE GREEN of Texas. H.R. 450: Mr. HAYWORTH, Mr. HOLT, and Mr. H.R. 4005: Mr. CLAY, Mr. KENNEDY of Rhode H.R. 4727: Mr. MCDERMOTT. HINOJOSA. Island, and Mr. SHAW. H.R. 4729: Mr. GILLMOR. H.R. 503: Mr. FATTAH and Mr. KLINE. H.R. 4050: Mr. NUSSLE. H.R. 4736: Mr. MCGOVERN and Ms. LEE. AHALL ALDWIN H.R. 4098: Mr. BONNER, Mr. MCCOTTER, and H.R. 515: Mr. R and Ms. B . H.R. 4737: Mr. FARR, Mr. BERMAN, and Mrs. H.R. 550: Mr. WOLF. Mr. CUMMINGS. CAPPS. H.R. 561: Mr. BROWN of Ohio. H.R. 4106: Mr. CONYERS. H.R. 4741: Mr. BASS and Mr. ENGLISH of H.R. 697: Mr. LANTOS. H.R. 4156: Mr. FRANK of Massachusetts. Pennsylvania. H.R. 783: Mr. ROSS. H.R. 4166: Mr. MCGOVERN and Mr. KILDEE. H.J. Res. 39: Mr. HUNTER and Mr. JONES of H.R. 839: Ms. BEAN and Mr. CLAY. H.R. 4197: Mr. DOGGETT, Mr. PRICE of North H.R. 874: Mrs. NORTHUP and Mr. HEFLEY. Carolina, Ms. MCCOLLUM of Minnesota, Mr. North Carolina. H.R. 896: Mr. MCINTYRE, Mr. LEWIS of Ken- LARSON of Connecticut, Mr. OLVER, and Ms. H.J. Res. 71: Mr. HAYWORTH, Mr. FOLEY, tucky, and Ms. GINNY BROWN-WAITE of Flor- PELOSI. Mr. GREEN of Wisconsin, Mr. FITZPATRICK of ida. H.R. 4222: Mr. STARK. Pennsylvania, and Mr. GOODE. H.R. 930: Mr. KLINE. H.R. 4239: Mr. ENGLISH of Pennsylvania. H.J. Res. 73: Mr. DEFAZIO and Mr. ALLEN. H.R. 986: Mr. WELDON of Pennsylvania. H.R. 4242: Mr. ENGLISH of Pennsylvania. H. Con. Res. 10: Mr. RAHALL. H.R. 1120: Mr. BOEHLERT. H.R. 4300: Ms. MCKINNEY, Mr. FORTEN- H. Con. Res. 42: Mr. SHAYS. H.R. 1124: Mrs. NAPOLITANO. BERRY, and Mr. FITZPATRICK of Pennsylvania. H. Con. Res. 90: Mrs. DAVIS of California H.R. 1172: Mr. GUTIERREZ, Mr. WU, and Mr. H.R. 4315: Mr. RYAN of Wisconsin, Mr. and Mr. NADLER. ABERCROMBIE. OBERSTAR, Mr. GORDON, Mr. BROWN of Ohio, H. Con. Res. 137: Mr. BROWN of South Caro- H.R. 1227: Mr. JOHNSON of Illinois. and Mr. KIND. lina. H.R. 1249: Mrs. WILSON of New Mexico, Mr. H.R. 4332: Mrs. EMERSON. H. Con. Res. 179: Mr. PETRI. ROTHMAN, Mr. EMANUEL, and Mr. LANTOS. H.R. 4341: Mr. SODREL, Mr. MILLER of Flor- H. Con. Res. 235: Ms. CARSON. H.R. 1259: Mr. JONES of North Carolina and ida, Mr. GOODE, Mrs. CUBIN, Mr. BOOZMAN, H. Con. Res. 278: Mr. SABO, Mr. KILDEE, and Mrs. BLACKBURN. Ms. HART, Mr. ENGLISH of Pennsylvania, and Mr. WEXLER. H.R. 1269: Mr. FRANK of Massachusetts. Mr. RAHALL. H. Con. Res. 299: Ms. SCHWARTZ of Pennsyl- H.R. 1290: Mr. EHLERS. H.R. 4361: Mrs. MALONEY, Mr. SOUDER, and vania. H.R. 1384: Mr. BISHOP of Georgia. Mr. CONYERS. H. Con. Res. 301: Mr. SCHWARZ of Michigan. H.R. 1418: Mr. PRICE of North Carolina. H.R. 4364: Mr. PENCE, Mr. ALEXANDER, Mr. EORGE ILLER H.R. 1498: Mr. HIGGINS, Mr. AKIN, Ms. BALD- RYUN of Kansas, Mr. NORWOOD, Mr. H. Res. 116: Mr. G M of Cali- WIN, Mr. COBLE, and Mr. RENZI. HENSARLING, MR. BISHOP of Georgia, Mr. fornia. H.R. 1642: Mr. GREEN of Wisconsin, Mr. FIL- LEWIS of Kentucky, and Mr. AKIN. H. Res. 127: Mr. DOYLE and Mr. FARR. NER, Mr. KELLER, Mr. FRANK of Massachu- H.R. 4394: Mr. BROWN of Ohio and Mr. CON- H. Res. 295: Mr. FOSSELLA. setts, Mr. GINGREY, Mr. POE, and Ms. BEAN. YERS. H. Res. 498: Mr. DAVIS of Illinois, Mr. H.R. 1749: Mr. SODREL. H.R. 4411: Mr. INGLIS of South Carolina and CARDIN, and Mr. BOEHLERT. H.R. 2052: Ms. NORTON. Mr. PETRI. H. Res. 556: Mr. GIBBONS. H.R. 2076: Mr. FRANK of Massachusetts. H.R. 4450: Mr. KING of Iowa. H. Res. 561: Mr. WEXLER. H.R. 2234: Mr. WELDON of Pennsylvania, H.R. 4452: Mr. HASTINGS of Florida, Mr. H. Res. 566: Mr. JEFFERSON, Mr. COSTELLO, Mr. LIPINSKI, and Mr. VAN HOLLEN. KILDEE, Mr. LEWIS of Georgia, Ms. Mr. GORDON, Ms. WOOLSEY, and Mr. ENGLISH H.R. 2331: Mr. NADLER. WASSERMAN SCHULTZ, and Mr. MCGOVERN. of Pennsylvania. ILSON UMMINGS H.R. 2348: Mr. W of South Carolina. H.R. 4491: Mr. C . H. RES. 589: MR. LATOURETTE, Mr. TIBERI, H.R. 2533: Mr. MCINTYRE. H.R. 4526: Mr. FEENEY, Mr. FLAKE, Mr. and Mr. BARRETT of South Carolina. H.R. 2561: Mr. BARROW. KING of Iowa, and Mr. INGLIS of South Caro- H.R. 2617: Mr. MEEHAN. lina. H. Res. 608: Mr. MEEKS of New York and H.R. 2727: Mr. WYNN. H.R. 4542: Mr. BARROW, Mr. GONZALEZ, Mr. Mr. AKIN. H.R. 2835: Mr. JEFFERSON. POE, and Ms. SCHWARTZ of Pennsylvania. H. Res. 641: Mr. CLAY, Mr. DEFAZIO, Ms. H.R. 2861: Mr. MOORE of Kansas, Ms. H.R. 4547: Mr. ROGERS of Michigan, Mr. JACKSON-LEE of Texas, Ms. NORTON, Mrs. SCHAKOWSKY, and Mr. ANDREWS. GRAVES, and Mr. MCCOTTER. JONES of Ohio, Ms. WATERS, Mr. LEWIS of H.R. 2960: Ms. ESHOO. H.R. 4574: Ms. SOLIS, Ms. WATSON, Mr. Georgia, and Mr. TOWNS. H.R. 3063: Mr. PLATTS and Mrs. MCCARTHY. GUTIERREZ, and Ms. PELOSI. H. Res. 662: Mr. SIMMONS, Mr. KENNEDY of H.R. 3111: Mr. GOODLATTE. H.R. 4582: Mr. MARKEY. Minnesota, Mr. FITZPATRICK of Pennsyl- H.R. 3127: Mr. GARRETT of New Jersey, Mr. H.R. 4621: Mr. WILSON of South Carolina, vania, Mr. BOUSTANY, Mr. PLATTS, Mr. GER- SAXTON, Mr. SABO, Mr. REYNOLDS, Mr. Mr. CARDOZA, Mr. PAUL, Mr. PLATTS, Mr. LACH, Mr. UPTON, Mrs. DRAKE, Mr. ROGERS of BOOZMAN, Mr. FATTAH, Mr. BISHOP of New WELDON of Pennsylvania, and Mr. PETERSON Alabama, and Mr. LEWIS of Kentucky. York, and Ms. HOOLEY. of Minnesota. H. Res. 672: Mr. WEXLER and Mr. PAYNE. H.R. 3145: Ms. BORDALLO, Mr. ABERCROMBIE, H.R. 4623: Mr. FOLEY and Mr. MORAN of Vir- H. Res. 673: Mr. ROGERS of Michigan, Mr. and Mr. BOSWELL. ginia. MCCOTTER, and Mr. ISSA.

VerDate Aug 31 2005 06:40 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE6.REC H15FE6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, WEDNESDAY, FEBRUARY 15, 2006 No. 19 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, hold that vote. We will be in discus- called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, sions with the Democratic leader in ENSIGN, a Senator from the State of Washington, DC, February 15, 2006. terms of the time of that vote and we Nevada. To the Senate: will be able to announce that later Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby today. PRAYER appoint the Honorable JOHN ENSIGN, a Sen- Mr. President, I suggest the absence The Chaplain, Dr. Barry C. Black, of- ator from the State of Nevada, to perform of a quorum. fered the following prayer: the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. TED STEVENS, pore. The clerk will call the roll. Great King above all Gods, Your President pro tempore. The legislative clerk proceeded to anger is but for a moment and Your Mr. ENSIGN thereupon assumed the call the roll. favor is for a lifetime. You satisfy chair as Acting President pro tempore. Mr. ENSIGN. Mr. President, I ask those who are thirsty and fill the hun- f unanimous consent that the order for gry with good things. the quorum call be rescinded. RECOGNITION OF THE MAJORITY The PRESIDING OFFICER (Mr. We thank You for this great land LEADER where we have freedom to worship You BROWNBACK.) Without objection, it is so without limitations or censor. We The ACTING PRESIDENT pro tem- ordered. pore. The majority leader is recog- praise You for the freedom we find in f Your presence and for Your power to nized. liberate us from debilitating habits and f MORNING BUSINESS addictions. Today, bless our lawmakers SCHEDULE The PRESIDING OFFICER. Under in their work. Use them to eradicate Mr. FRIST. Mr. President, today we the previous order, there will be a pe- the barriers that divide us. Make their riod for the transaction of morning diligent labors enable us to live in jus- will have a 30-minute period of morn- ing business which will be equally di- business for up to 30 minutes, with the tice and peace. first half of the time under the control Lord, whatever light may shine or vided between the aisles. After that time we will begin debate on the mo- of the majority leader or his designee shadow fall, help us all to meet life and the second half of the time under with steady eyes and to walk in wis- tion to proceed to the USA PATRIOT Act. Last night there was an objection the control of the Democratic leader or dom until we reach our journey’s end. his designee. We pray in Your loving Name. Amen. from the Democratic side to my unani- mous consent request to begin consid- The Senator from Nevada is recog- nized. f eration of that bill and, because of that objection from the other side of the f PLEDGE OF ALLEGIANCE aisle and expected filibuster, I was forced to file cloture on the motion to ECONOMIC GROWTH The Honorable JOHN ENSIGN led the proceed. That motion is debatable, and Mr. ENSIGN. Mr. President, my Pledge of Allegiance as follows: I will alert my colleagues on the other home State of Nevada is a State that is I pledge allegiance to the Flag of the side of the aisle that they will need to friendly to business. We pride ourselves United States of America and to the Repub- remain on the floor during this motion. on the opportunities that businesses lic for which it stands, one nation under God, We only have a few days remaining have to thrive and grow in our State, indivisible, with liberty and justice for all. before the Presidents Day recess, and while providing an excellent quality of we need to get to the substance of the life for employees and their families. f underlying bill, the PATRIOT Act. As chairman of the Republican High Members have a right to filibuster pro- Tech Task Force, I come into contact APPOINTMENT OF ACTING ceeding to that measure, but I believe with many companies, all who hear my PRESIDENT PRO TEMPORE we will be able to invoke cloture by a pitch for why they should expand into The PRESIDING OFFICER. The wide margin, again, showing wide sup- Nevada. But as good as businesses have clerk will please read a communication port for this important piece of legisla- it in Nevada, or if they move to Ne- to the Senate from the President pro tion. I will announce the exact timing vada, what we do here in Washington, tempore (Mr. STEVENS). of the cloture vote when we have that DC will ultimately help make or break The legislative clerk read the fol- locked in, but it could be as early as 1 their success. And when businesses fail lowing letter: o’clock in the morning when we could to thrive, so does our economy.

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

S1321

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VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.000 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1322 CONGRESSIONAL RECORD — SENATE February 15, 2006 Investors in a business in California and business investment. This is one of come per person has risen almost 8 per- may be sitting down today to deter- them, and we must join together to en- cent. Real household net worth is at an mine whether their 2-year plan in- sure continued economic growth. all-time high. This is good, and we need cludes expanding to Nevada with, for I yield the floor. to make sure we understand that. instance, a manufacturing plant that The PRESIDING OFFICER. The Sen- Retail sales have risen, again, 7 per- will employ 200 people. They are ex- ator from Wyoming is recognized. cent in December and 6.4 percent for cited about the possibilities, but there f the whole year. So that is very good. are too many blank spaces when it Employment growth remains high. comes time to crunch the numbers. THE ECONOMY Employers created 2 million new jobs Weighing heavily in their calculations, Mr. THOMAS. Mr. President, I come in 2005, resulting in a less than 5-per- they are concerned that the current to the floor also to talk about where cent unemployment rate at the end of dividends and capital gains tax rates we are and, more importantly, where the year. will expire in 2008. Because of the un- we need to go with respect to the econ- Since 2003, when the tax cut went certainty of those critical factors, they omy that impacts all of us in various into effect, there have been almost 5 are leery about the prospects. ways. It seems appropriate to empha- million new jobs created. That is a They will make that decision about size some of the key points about the good sign, and we ought to understand expanding and reinvesting in their health of our economy, about what is it is the impact of that tax cut. Job businesses today. Not next year and doing very well, and about what we growth is often affected and impacted, not the year after that. Today. But we need to be working on now to ensure as is the total economy, by what we do have tied one hand behind their back. that this continues, and also to have 20/ with taxes. We have a great deal of We are standing in the way of their 20 vision about where we want to be controversy about it, of course. When growth and potential if we do not ex- and what we need to do to get there. we have the unusual expenses of the tend the dividends and capital gains I am disappointed about the slowness war on terrorism and of Katrina, it tax rates. They need that assurance in our moving this year and a certain makes it difficult as we look at our today so that they can expand, create amount of obstructionism that seems budget. But the fact is the discre- jobs, and help our economy continue to to be going on in terms of moving for- tionary part of the budget has been grow. ward. Nevertheless, we ought to keep held down. We need to get the job com- The economic growth we have seen in mind that over the last year, we pleted in Iraq, complete our work there since lower tax rates were enacted in have been able to accomplish a great and reduce that spending and bring our the Jobs and Growth Tax Relief Rec- deal and the challenge is there to move troops home. All of us want to do that. onciliation Act of 2003 is exactly why forward. The point I want to make is we have we must extend the rates. Dividend dis- We have been able to keep the taxes had a very favorable impact from what tributions are up. Corporate invest- relatively low, which, obviously, is a has been done over the last couple of ment in new property, plant, and key factor in our economy, and we years, and the thing we are seeking to equipment has surged. The economy need to make sure it continues that do right now is continue those tax re- has grown for 10 consecutive quarters. way. We have certainly been able to do ductions that will strengthen the econ- These are impressive results, and what is necessary to work toward hav- omy and continue to help. As I said, they are not just about business suc- ing a strong health care program in employment remains high. That is ceeding. The impact is being felt by this country, and that is a great chal- good. Job creation is what we want to families, seniors, and low-income indi- lenge for us. We did do something last do. We have to deal with immigration, viduals. With more than 50 percent—50 year with pharmaceuticals, making of course. Even though we do need im- percent—of American households own- them available, and even though the migrants and workers here, we need to ing stocks or mutual funds, the reach process was a little difficult, now we be legal. But we have this job creation of dividends and capital gains rates is are seeing great increases in the num- thing that we need to continue to work significant. Today, many senior citi- ber of people who are able to obtain on. zens rely on dividends and capital gains pharmaceutical drugs at a more rea- One of the real challenges we have to supplement their Social Security. sonable rate. before us is to deal some more with en- And lower and middle-income families We have assured that there will be ergy. As I said, last year we passed en- are benefiting as well. more opportunities for job training and Without this extension, our economy ergy policies that I think were excel- will take a hit, and so will working training in technologies so that we will lent. Now, of course, we have to imple- families across Nevada. Instead of clos- have more research and will be able to ment those policies. We dealt last year ing doors on them, we need to create continue to lead the world in terms of with the question of alternative fuels certainty in our Tax Code and oppor- our economy. in the future, whether we will be able tunity for our economy. Although the I think one of the more important to use wind energy, be able to use bio- tax rates don’t expire until 2008, we things we did last year was to pass an energy, be able to use ethanol, all of don’t have the luxury of waiting 2 energy bill that gives us some direction these kinds of things. Those are future years to extend this. By then, too in terms of one of the most important activities, and we will be able to do many investors and businesses will elements of our economy. There were that. That challenge is to have the have made their decisions not to grow, other accomplishments as well last technology and the funding for the re- not to build, and not to hire. It will be year. We passed legislation to end friv- search to be able to move into those too late. olous lawsuits, which has had a great fields. That is something we can do and We are part of a global economy that impact on many aspects of our econ- indeed we must do. is constantly moving and changing. If omy. We put some judges in place with Coupled with that is another chal- we don’t allow investment to fuel our a fair process. lenge. Those changes are going to be competitiveness and innovation, we We need to be reminded sometimes of over a relatively long time, at least will pay the price, and so will future how well our economy is doing in several years, where we are faced im- generations. terms of real growth. The GDP growth mediately with shortages and depend- It is not just one business in Cali- experienced in 2005 was at a rate of 3.5 ence on world production and with fornia deciding whether to move to Ne- percent for the year as a whole, while costs. We are working on a budget that vada, and it is not just the 200 employ- inflation remained at 2 percent. So will provide funding for doing research ees who could have found work there; that is very good. Those are very good in the short term. it is about investors and companies numbers, and it is better than what we There are opportunities, for instance, across our Nation and it is about work- have experienced over a number of in Wyoming and many of the energy ing families throughout this country, years, and certainly it is exactly what production States where we have new and it is about the future of our econ- we want to do. sources of fairly immediate energy. We omy. Real disposable income rose at 4 per- can do some things with coal, for ex- There aren’t many factors that Con- cent in December. We are up 1.4 per- ample, our largest fossil fuel. We can gress controls when it comes to capital cent for the year 2005. The aftertax in- make some conversions from coal into

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.002 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1323 gas; we can make conversion into hy- Mr. WYDEN. I ask unanimous con- poses, incomprehensible. You would drogen and do those things in a fairly sent to speak for up to 20 minutes as in have to have a Ph.D. in economics. short term. Of course, gas is more flexi- morning business. What it means is that in order to fill ble than coal, so if we can do some- The PRESIDING OFFICER. Without out form 6251 for your minimum tax thing there, that would be good. We objection, it is so ordered. you have to fill out not just form 1040 have an opportunity to go into shale f but also form 8914. How much time is oil which is a different source than we THE ALTERNATIVE MINIMUM TAX that going to add to tax preparation? have used in the past. It takes research What about trying to understand form to get there. We need to be doing that. Mr. WYDEN. Mr. President, millions 8914, for those who may have to fill it Coupled with that, of course, to keep of Americans are now going through a out? paperwork nightmare, trying to com- our economy going and make sure we Are people in this country going to plete their taxes. They are trying to deal with the energy issue is conserva- have to become CPAs to fill out this find their 1099s and their W–2s and tion and efficiency. There is a great tax requirement that affects millions their schedule this and schedule that. challenge there, to use less energy in of middle-class people? I bring this up They shout across the room: Honey, our economy and be more conservative because it does not have to be this way. can you find the copy of the receipt for in our use—whether it is automobiles I would like to now post the alter- that copier we bought back in March? native that I have developed in my or buildings. Clearly, we can do more What I am going to do between now in that area than we have done. That is Fair Flat Tax Act, S. 1927. On line 1, in- and April 15 is highlight some of the stead of all the mumbo jumbo I read— a challenge we have before us. That ways this Tax Code gratuitously com- will have a great impact on the econ- it is real simple—all you have to state plicates the lives of all our citizens— is whether you are single, married, omy. middle-income folks, low-income folks, head of a household, qualifying wid- Home sales are at a record level. and the affluent. I am going to be More people than ever own their ower. pointing out specific provisions in the I filled out my one-page 1040 form homes, and that is a great thing. We Tax Code and try to describe how it need to ensure that continues to hap- that my legislation mandates in about does not have to be this way. We do not a half hour. That alone is a bit of a rev- pen and we have the tax incentives and have to have a ‘‘deadwood’’ tax bu- olution in the Senate Finance Com- other regulations in order to do that. reaucracy, where we now have had mittee, or the tax-writing committee When we put in place some of the tax more than 14,000 changes. That comes in the other body, because it has been reductions that helped the economy, to something akin to three for every a long time since anybody who wrote another impact of it has been an in- working day in the last 20 years. crease in revenues. Tax cuts not only Our citizens are going to spend more tax laws could fill out their own re- leave more money in the pockets of this year complying with the Tax Code turns. I bring this up only by way of Americans but have also resulted in than this country spends on higher saying let’s make sure people under- fairly dramatic increases in receipts to education. We are going to spend $140 stand how much deadwood and legal the Treasury. Tax collections from billion complying with the needless mumbo jumbo and needless complica- nonsalaried income were up 32 percent kind of bureaucracy that I am going to tion there is in the Tax Code. That is as a result of tax reductions on capital describe this morning. It is my intent why I have started today with the bur- gains and these sorts of things. They between now and April 15 to discuss densome requirements of the alter- cause more investment and more ac- this. I am going to start today with the native minimum tax. But I am going to tivities, which are then taxed and bring alternative minimum tax, which is go on, in the weeks ahead, to a number money in. Capital gains collections true water torture for middle-class of other kinds of provisions. As a result of what I read on the al- brought in almost $80 billion, up from folks who basically have to figure out ternative minimum tax, lots of folks almost $50 billion from 2002. two taxes, their taxes and the alter- simply turn to tax preparers. This year The broad point is we are able to do native minimum tax. There is a whole we will spend $140 billion on tax prepa- some things that strengthen the econ- set of complicated procedures here. ration. That is more than the Govern- omy, that allow people to create more After I complete this week’s presen- ment spends on higher education. It is jobs and invest more in the economy tation on the alternative minimum pretty obvious why. There were 14,000 by reducing taxes and, at the same tax, it is my intention to go next to changes in the Tax Code since the last time, because of the economic growth, the earned income tax, which is also major overhaul, three significant increase revenue. mindlessly complicated. Then I intend to focus on a number of changes for every working day in the All these results point to continuing last 20 years. to pursue that. Actually, in January the provisions for those who are very affluent that strike me, again, as What I do in my fair flat tax legisla- we ran up one of the highest surpluses tion is simply say to the distinguished in the last 4 years—$21 billion. That is defying common sense in how they are written. Presiding Officer of the Senate, the dis- a great thing. Now we have to take a tinguished Senator from Oklahoma: little longer look at spending on the Today, I want to begin by focusing on the alternative minimum tax. It is, of You take your income from all your other side so we can balance these sources, you subtract your deductions, things out. course, a crushing tax for millions of middle-income people, folks who defi- you add your credits, add it all up, send Health care is another concern. We it to the IRS, and say: Have a nice day, need to take some long looks at that. nitely do not consider themselves fat cats. Across this country, 3.6 million I am done. We need to provide the opportunity for One page, 1040 form—somebody called health care for everyone. Accessibility taxpayers were impacted by the alter- native minimum tax this year. The me about it yesterday and we discussed becomes difficult because of the costs. how long it took me to do it. I men- I am from a rural area. Rural health number is expected to rise to over 19 million by 2006 unless the Congress tioned I could do mine in half an hour. care is one of the issues we have. We They said: Ron, it only took me 15 min- have done some things there. acts this year. The form that you use for the alter- utes. Overall, we have seen some real native minimum tax is form 6251. The That is what this is all about. I am growth in the economy and some good first line sums up what all of this has not sure the Congress understands how things happening. We have an oppor- come to. The first line says: this body has permitted this mindless tunity to continue to do that. I hope If filing Schedule A (form 1040), line 41 bureaucracy, a bureaucracy that only we will get moving with the things (minus any amount on form 8914, line 2) and can be described as deadwood, a bu- that are here and continue to do the go to line 2. Otherwise enter the amount reaucracy that has lost all kind of con- things that help this economy and do from form 1040, line 38 (minus any amount on nection with what the middle class in good for the American people. form 8914, line 2) and go to line 7. (If less this country is all about. And I want to The PRESIDING OFFICER (Mr. than zero, enter as a negative amount.) change it. COBURN). The Senator from the great I think it is pretty obvious that what I believe we ought to start tax reform State of Oregon. I have read is, for all practical pur- by simplifying the Code. Then let us

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.003 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1324 CONGRESSIONAL RECORD — SENATE February 15, 2006 change the tax system so that all American ought to have the oppor- It is time to cleanse this Code. It has Americans have the opportunity to tunity to climb the ladder of success. been 20 years since real reform, 14,000 climb the ladder of success. One way And let us start by changing the Tax changes, spending more on preparation you do that is to change a set of rates Code, where the second wealthiest per- than the Government spends on higher that now have the second richest per- son in the United States, Warren education. That is a disgrace. It is not son in America, Warren Buffett, paying Buffett, pays a lower tax rate than his right to working people. It is not right a lower tax rate than his receptionist. receptionist. How is the receptionist to all taxpayers, regardless of their in- The Tax Code discriminates against going to be in a position to be in the come. work. middle class if we don’t treat them It is my intention to come back to I am not interested in soaking any- fairly? this Chamber again and again—but body. I believe in markets, and I be- I also think it is worth noting that particularly between now and April lieve in creating wealth, but as we saw when you graduate from a college in 15—as I have done today with the alter- today where we have very low rates in Oklahoma or in Illinois, when you go native minimum tax. savings for the middle class, it is be- out into the marketplace and in the I would like to pose once more the cause they cannot keep up. Their first job with your new college degree, language for folks who are middle in- wages aren’t even keeping up with in- after all that hard work, you are going come and trying to comply with the al- flation. Their concerns are about those to pay a higher tax rate than Warren ternative minimum tax. If anybody matters where the second word is Buffett, the second wealthiest person who is not a CPA can figure out the ‘‘bill’’—the tax bill, the medical bill, in this country. first line of the AMT, I urge them to the gas bill, the heating bill, and the We need incentives for investment. call me. My guess is they can’t. They education bill. I protect 90 percent of the interest in- will have to call their accountant to We say with my legislation that we come earned by people who are saving sort it out. are going to end the discrimination and showing the kind of financial dis- I also wish to point out for people against work. We will protect 90 per- cipline which is necessary to get ahead. trying to get help this morning that cent of all interest income earned by But we can have a Tax Code that is the IRS has an 800-number. We will our citizens—their house, the capital simpler, flatter, and fairer. post it on our Web site: 1–800–829–1040. gains they may be able to enjoy if they I wrap up by saying to both Demo- As I wrap up this presentation, let sell it, their savings accounts, their life crats and Republicans, I believe this is me contrast this, which is the dead insurance. I want us to build a new sav- really what you are all about. wood in the tax bureaucracy today, ings ethic. I do that in this legislation For Democrats, what could be more with the legislation I have filed, the as well. But for the life of me, I can’t important than a message about giving Fair Flat Tax Act, which replaces the figure out why we can’t get both polit- the middle class a fair shake, the op- legal mumbo-jumbo I have shown you ical parties to get moving on this issue. portunity to climb the ladder of suc- with our section 1—just a handful of The President has an advisory com- cess and get out from under some of lines—describing whether you are sin- mission. They asked me what I thought this bureaucracy? gle, married, head of household, or a about it. I said: Look, I have a one- Our friend from Illinois is here, Sen- widower. page 1040 form which will simplify this ator DURBIN. His colleague from the I know colleagues are waiting to code for everybody. The President’s House, Congressman EMANUEL, has tax speak. commission report is a bit longer, but clinics in Chicago for families who Mr. DURBIN. Mr. President, will the for purposes of Government work, they can’t fill out the earned income tax Senator yield for a question? are pretty close together. credit because it is too complicated. I Mr. WYDEN. Certainly. So why not start with simplification? have outlined how absurd the require- Mr. DURBIN. I would like to ask the Why not start with the rates I have ments are for the alternative minimum Senator from Oregon through the proposed which I would like to bring to tax and why it is difficult for folks to Chair—first, I would like to tell him the attention of the Senate? The first comply. But this is something which that about 10 or 15 years ago, in my bracket of rates in my legislation is 15 affects everybody—poor folks with the hometown, my accountant in Spring- percent, the second bracket is 25 per- earned income tax credit and the mid- field, IL, passed away, a man who had cent, and the third bracket is 35 per- dle-class folks with the alternative done the tax returns for my wife and cent. That is what Ronald Reagan pro- minimum tax. me. After years of being a lawyer, I posed. Those are the exact brackets As far as I can tell, many of the afflu- thought to myself: I can do this. I will Ronald Reagan proposed in 1986. ent in this country are saying to them- fill out my own income tax return. Now, much has changed. I would be selves: What really counts is finding a I went back home Sunday afternoon the first to acknowledge that. Cer- better accountant to get me more tax and sat down to fill out what is a pret- tainly the AMT hits much harder than dodges because that is the way you get ty simple income tax return for a Mem- anything that was anticipated in the ahead in this country, not by inno- ber of Congress. It took me 3 or 4 1980s. But I am interested in being vating but by finding an accountant to hours, and then I had to come back to flexible with respect to the rates. get you more tax dodges. it the next day, and I filed it. I then If the Senate, after bipartisan delib- It doesn’t have to be this way. The found out I had made several glaring eration on a fair flat tax, wanted to Code doesn’t have to be as complicated errors. This was before TurboTax, H&R have 13, 23, and 33, that would be fine as it is. The Code doesn’t have to dis- Block’s Web site, and all the rest of with me. The principle is we ought to criminate against people who work for these things. But I thought: Let me do say marginal rates are important; they a living. The late President Reagan ac- it myself. I tell the Senator from Or- send a very significant message with cepted that principle in the 1986 tax re- egon that I have an abiding respect for respect to growth. But let us treat all form. what he just said after that humbling income the same. Let us particularly We can do this. Certainly the admin- experience. get rid of some of this mindless kind of istration, after talking about how they I would like to ask the Senator bureaucracy. were interested in tax reform and form- whether he thinks we would have more We are having a hearing today on the ing a commission, is going to ask me impetus for simplifying tax returns if tax gap, the money that is not col- and, I believe, other Members of Con- Members of Congress had to file their lected that ought to be paid. We all re- gress: Where are the deadlines? own tax returns, prepare their own tax alize that is a good opportunity to gen- This is an opportunity for the admin- returns, and then submit to the Amer- erate revenue to help the middle class. istration to have a big second-term ini- ican people the fruits of their labor as If we pick up some of that money, we tiative. Ronald Reagan did this in the to whether they made mistakes? will drive the rates down for everybody middle of his second term because he Mr. WYDEN. Mr. President, I thank in this country even more than I am reached out to Senators such as Bill the distinguished Senator from Illinois, proposing. Bradley and the chairman of the Ways who as usual is being a bit too logical. People ask me what I stand for. I and Means Committee in the other The fact is, if Members of the Congress stand for the proposition that every body, Congressman Rostenkowski. had to go through this—because we

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.005 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1325 will have a lot who are paying the tion. We believe that upwards of 70 per- Motion to proceed to consider S. 2271, a bill AMT, many who have investments of a cent of the people in this country to clarify that individuals who receive FISA variety of sorts—I believe that alone would get a solid tax cut. These are orders can challenge nondisclosure require- could trigger a bit of a revolution middle-class folks making $60,000, ments, that individuals who receive national security letters are not required to disclose around here. I think the challenge is $70,000, $80,000, and $90,000. Essentially, the name of their attorney, that libraries are for people to see just the kind of tax what the Congressional Research Serv- not wire or electronic communication serv- hole we have dug ourselves into over ice has shown is that millions of mid- ice providers unless they provide specific the last 20 years—14,000 changes, need- dle-class people would get relief. It is services, and for other purposes. less complications. upwards of 70 percent. We have cal- The PRESIDING OFFICER. Who I really do not see how a middle-class culated that about 15 percent of the seeks time? person can get ahead with a Tax Code people in this country would be treated The Senator from New Hampshire. that discriminates against work. The about the same. Mr. SUNUNU. Mr. President, I rise Senator from Illinois has been a champ For example—and it is matter of pub- today to speak in support of the mo- for the middle-class kind of family. lic record, and I can discuss it—I have tion to proceed and in support of the Here is the way it works. If a cop in a Senate wage of about $160,000, and I underlying legislation itself. This bill Chicago gets a $500 pay raise, that cop have a bit of investment income. I was introduced to make changes, pays 25 percent of his or her pay raise come out about the same under my changes to the PATRIOT Act con- to the Federal Government in income proposal as under the status quo. We ference report that was delayed at the taxes, and then they pay Social Secu- have to make 6 or 7 percent of the peo- end of last year, just as we were ready rity payroll taxes on top of that. If ple in this country who make virtually to adjourn for the holidays. somebody in downtown Chicago makes all their income from capital gains and That conference report had some all their money from capital gains and dividends—not from wages—pay a bit flaws and weaknesses. I began focusing investment, they pay 15 percent on more. on and working on reauthorization of their capital gains and no Social Secu- So that is what the distributional ef- the PATRIOT Act well over a year and rity payroll tax. fect of one actual proposal looked like. a half ago, recognizing that we could Again, I have tried to emphasize that That was again very similar to what do more to improve the original Act, I am not for soaking anybody. I believe happened in 1986 when Ronald Reagan, we could make this bill more balanced in markets, and I believe in creating after having started his Presidency by adding better protections for civil wealth, as I believe Senators of both with a set of tax changes—and my col- liberties even as we reauthorized the political parties do. But as the Senator league will remember they were large- law enforcement tools in the PATRIOT from Illinois has pointed out, if Sen- ly for investment—did an about-face Act to give law enforcement power to ators were really forced to deal with and passed a reform proposal that gave conduct terrorism investigations. these kinds of situations themselves, real relief to middle-class people. I don’t think there is anyone in this starting with the Tax Code complica- I want to close by thanking the Sen- Chamber who believes we should not tions, when they fill it out on their ator from Illinois, who I know has a provide law enforcement with tools own, that could start a revolution great interest in this subject and has necessary to deal with the threat of around here. been a strong champion of the middle terrorism, both domestically and over- I believe this is a bipartisan oppor- class. seas. But whenever we give law en- tunity that comes along rarely. The PRESIDING OFFICER. The Sen- forcement new tools, new powers, we I will wrap up with one last point. ator’s time has expired. want to make sure they are balanced, I believe the Social Security reform Mr. DURBIN. Mr. President, I sug- balanced by the ability of individuals showed a lot about what our citizens gest the absence of a quorum. who think they have been singled out think about a vital American program. The PRESIDING OFFICER. The unfairly to raise objections in court, A lot of Americans love Social Secu- clerk will call the roll. balanced by the ability of individuals rity dearly, and there are a lot of ral- The assistant legislative clerk pro- to seek legal advice, balanced by re- lies outside the offices of Members of ceeded to call the roll. stricting the use of these tools to en- Congress, with folks carrying signs Mr. FEINGOLD. Mr. President, I ask sure they are only used in appropriate saying, ‘‘I love Social Security.’’ I tell unanimous consent that the order for circumstances. That is what protecting colleagues that there will be no rally the quorum call be rescinded. civil liberties is all about. outside your office with people car- The PRESIDING OFFICER. Without As the process of reauthorizing the rying signs saying, ‘‘We Love the IRS objection, it is so ordered. PATRIOT Act began well over a year Code.’’ This is something which could Mr. FEINGOLD. Mr. President, it is and a half ago, a bipartisan group of be reformed, could be changed on a bi- my understanding the Senator from Senators, including myself, joined to partisan basis. New Hampshire is going to make some highlight a number of areas where we Mr. DURBIN. Mr. President, if the remarks and I ask unanimous consent felt the legislation could and should be Senator will yield for one question that I be recognized after he has com- improved and strengthened to provide which I think gets to the concern peo- pleted his remarks. the kinds of protections I mentioned. ple have about tax reform, it seems The PRESIDING OFFICER. Without We spoke with Justice Department like a zero-sum game in this respect: If objection, it is so ordered. officials, not a month or 2 months be- you end up lowering the taxes paid by f fore this process began, but, as I’ve someone in order to keep the same re- said, over a year and a half ago, raising turn to Government in revenue, you CONCLUSION OF MORNING our concerns in a clear, articulate fash- have to raise the taxes for others. BUSINESS ion, trying to make certain that DOJ So I ask the Senator to step back The PRESIDING OFFICER. Morning knew full well that there was a bipar- from his proposal for a minute. Who business is closed. tisan group that would push to make are the winners and losers? f changes to improve the PATRIOT Act Mr. WYDEN. The Senator asks a and that we would be willing to stand good question. First, a quick word on USA PATRIOT ACT ADDITIONAL up for those changes and stand up on my proposal, which is available from REAUTHORIZING AMENDMENTS principle. the Congressional Research Service ACT OF 2006—MOTION TO PRO- Unfortunately, the people who should and Jane Gravell, the top economist CEED have been engaged in this discussion who is there to discuss it with Sen- The PRESIDING OFFICER. Under process early on simply were not and ators. It would actually reduce the def- the previous order, the Senate will re- much of the work was left to the very icit by about $100 billion over 5 years, sume consideration of the motion to end of the process, and continued after making downpayments in terms of def- proceed to S. 2271, which the clerk will the law was originally set to expire at icit reduction. report. the end of last year. As a result, But here is what the distribution pro- The assistant legislative clerk read changes that should have been made file looks like in terms of our legisla- as follows: early were not, and we found ourselves

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.006 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1326 CONGRESSIONAL RECORD — SENATE February 15, 2006 with reauthorization legislation that poena. But you ought to be able to and I believe Members of the House as could not win enough bipartisan votes challenge that gag order before a judge. well who will look carefully at these to gain passage at the end of December. Third, we feel the provision in the measures, who will push hard for im- What I wish to do today is to talk conference report that required the re- provements, I think the oversight of about the changes that were made to cipient of a national security letter to the PATRIOT Act will be improved. I the PATRIOT Act earlier in the reau- disclose the name of their attorney to know that the reporting to Congress as thorization process that better safe- the FBI was punitive and might have to how this act is used will be im- guard civil liberties, and the changes the result of discouraging an individual proved. Requirements to report on the that are in this underlying legislation from seeking legal advice. Over the use of 215 subpoenas and the minimiza- that I think will allow us to move for- last 6 weeks, I have worked with a tion procedures used to get rid of data ward with some confidence that we number of my colleagues, Democrats and information on innocent Ameri- have made additional improvements and Republicans, on changes to the PA- cans collected through 215 subpoenas since the cloture vote in December. TRIOT Act, negotiating with the Jus- and National Security Letters are im- In the conference report that was de- tice Department, making Members of provements. layed, I certainly agree that there were the House aware of what we were pur- So I feel confident we have legisla- many significant improvements made suing, working with Chairman ARLEN tion that is a vast improvement over to the original PATRIOT Act. For ex- SPECTER, who has been very helpful current law in terms of protecting civil ample, improvements were made to add throughout this whole process. Senator liberties. We have oversight that is im- clarity to a roving wiretap order to re- LEAHY, Senator DURBIN, Senator FEIN- proved and, frankly, we have a strong quire more specificity as to the target GOLD have all been part of these discus- coalition within Congress that is com- or location of the surveillance to be sions and I have worked to share with mitted to doing an effective job in conducted. Improvement was made to them the concepts we were working on, making sure these important law en- add clarity to delayed notification the language we were working on in forcement tools are used effectively search warrants, which are search war- the areas where there were still dif- but also used fairly. rants that are conducted without im- ferences, differences between those who I know not all my colleagues will mediately telling the targets of the wanted to pass the conference report as support this final package. I know in search. it was and those of us who felt we could particular Senator FEINGOLD, who has I think delayed notice search war- strike a better balance. worked extremely hard on this issue, is rants are appropriate tools for law en- In the end, we have worked out an not able to support this final package. forcement, but at a certain point law agreement on language that has re- He will speak more eloquently than I enforcement either needs to inform the ceived bipartisan support and makes can as to the concerns that remain, but target of the search or get agreement changes to the conference report in among his concerns is the breadth of from a judge to further delay the noti- three areas. the 215 standard and the feeling that fication. In the delayed conference re- First, we add a clear, explicit judicial we ought to be able to agree on and port we added clarity. We added a re- review process for the 215 subpoena gag work toward a standard that will pre- quirement that a target must be noti- order. It is a judicial review process vent fishing expeditions, that will bet- fied of a search within 30 days unless a that is very similar to the judicial re- ter protect civil liberties but still en- judge agrees to continue delaying the view process for the National Security able law enforcement to do their job. I notification. Letter gag order set forth in the con- share that concern and that goal, but I We were successful when we took a ference report. I think it is important at the same time recognize we have an stand at the end of last year in moving that we stand for the principle that a obligation to take the many gains we the sunset period in the draft con- restriction on free speech such as a gag received throughout the reauthoriza- ference report from a 7-year sunset on order can be objected to in a court of tion process and reauthorize this legis- the most controversial provisions of law before a judge. You can at least lation so we can move forward, focus the PATRIOT Act to a 4-year sunset have your case heard. That does not on our outstanding concerns, and focus period, so that 215 subpoena power, a mean you will win, necessarily, but on the agenda that still sits before very significant subpoena power for you can at least have your case heard. Congress. law enforcement to access the most Second, we were able to get language I thank the President for the time sensitive of records, the lone wolf pro- striking the requirement that the re- and the opportunity to lay out the im- visions and the roving wiretap provi- cipient of a National Security Letter provements that are in the package be- sions I mentioned, would have to be re- disclose the name of their attorney to fore us. I look forward to the debate viewed four years from now. the FBI. Again this is a punitive provi- and the discussion, but I do hope we All of these were improvements to sion, and it could have the unintended can, in a deliberate fashion, complete the PATRIOT Act. But a number of us effect of discouraging people from work on this legislation that now has still had many concerns, concerns in seeking legal advice. three particular areas. Third, we added clarification to Na- gained bipartisan support, has gained First, our most significant concern tional Security Letters as they pertain additional votes from Republicans, in- was and is the breadth of the standard to libraries. Our agreement adds a pro- cluding Senator CRAIG, Senator HAGEL, for obtaining a 215 subpoena. We felt— vision that makes very clear that li- Senator MURKOWSKI, who have raised and we still feel—it is unnecessarily braries operating in their traditional concerns, Senator DURBIN, Senator broad. It could result in the gathering role, including the lending of books, in- FEINSTEIN, and others on the Demo- of information that is not only extra- cluding making books available in dig- cratic side who have stood with us too neous, but pertains to innocent Ameri- ital form, including providing basic since the end of last year in the hopes cans. We think that standard should be Internet access, are not subject to Na- of improving the balance of the con- more narrow so that there be shown tional Security Letters. ference report. I think we do the coun- that an individual who is a target of These are three areas that were high- try a service by enacting this legisla- this subpoena be connected to a sus- lighted as being of concern at the end tion now with a commitment to con- pected terrorist or suspected spy. The of last year. I did—and I think the oth- tinue to try to improve it wherever we current standard of mere relevance to a ers would agree—we all did everything can. terrorist investigations is unneces- possible to stay focused on these areas I thank the Chair. sarily broad. of concern. We made improvements in The PRESIDING OFFICER. The Sen- Second, we feel there should be a each of these three areas. I think we ator from Wisconsin. clear judicial review, a review before a ought to be able to move forward now Mr. FEINGOLD. Mr. President, I sug- judge, of the gag order associated with with the reauthorization, knowing full gest the absence of a quorum. the 215 subpoena. If you are the recipi- well that in an effort such as this, no The PRESIDING OFFICER. The ent of one of these subpoenas, that sub- party ever gets everything they want. clerk will call the roll. poena comes with a restriction on your But having shown that there is a bipar- The assistant legislative clerk pro- ability to tell anyone about the sub- tisan group of Members of the Senate ceeded to call the roll.

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.008 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1327 Mr. SUNUNU. Mr. President, I ask to only a few very minor changes to that are now set to expire March 10. unanimous consent that the order for the same PATRIOT Act conference re- And I want to discuss my concerns the quorum call be rescinded. port that could not get through the about this reauthorization deal with Mr. FEINGOLD. Mr. President, re- Senate just back in this past Decem- some specificity. serving the right to object. ber. These changes do not address the Mr. President, because I was the only The PRESIDING OFFICER. The Sen- major problems with the PATRIOT Act Senator to vote against the PATRIOT ator cannot reserve the right to object. that the bipartisan coalition has been Act in 2001, I want to be very clear Is there objection? trying to fix for the past several years. from the start. I am not opposed to re- Mr. SUNUNU. I ask consent that the In fact, the Senator from New Hamp- authorization of the PATRIOT Act. I Senator be allowed to make his point. shire described the issues that brought supported the bipartisan compromise, The PRESIDING OFFICER. The Sen- us together, the points that brought us the reauthorization bill the Senate ator from Wisconsin is recognized. together. This agreement doesn’t re- passed last July without a single Sen- Mr. FEINGOLD. Mr. President, I ob- late, in any significant way, to the pro- ator objecting. I believe that bill ject to raising the quorum call. visions that we were concerned about should become law. The PRESIDING OFFICER. Without that brought us together in a bipar- The Senate reauthorization bill is objection, the quorum call is termi- tisan way. not a perfect bill, but it is actually a nated, and the Senator from Wisconsin What came out of this agreement is, good bill. If that were the bill we con- is recognized. quite frankly, a figleaf to allow those sidered back in December or the bill we Mr. FEINGOLD. Mr. President, I ask who were fighting hard to improve the were considering today, I would be unanimous—I suggest the absence of a act to step down, claim victory, and speaking in support of it. In fact, we quorum. move on. What a hollow victory that could have completed the process of re- The PRESIDING OFFICER. The would be and what a complete reversal authorizing the PATRIOT Act months clerk will call the roll. of the strong, bipartisan consensus ago if the House had taken up the bill The assistant legislative clerk pro- that we saw in this body a couple that the Senate approved without any ceeded to call the roll. months ago. objection from any Senator on either Mr. FEINGOLD. Mr. President, I ask What we are seeing, I regret to say, is side of the aisle. unanimous consent that the order for quite simply a capitulation on the in- I also want to respond to those who the quorum call be rescinded. transigent and misleading rhetoric of argue that any people who are con- The PRESIDING OFFICER. Without the White House that sees any effort to tinuing to call for a better reauthoriza- objection, it is so ordered. protect civil liberties as a sign of tion package want to let the PATRIOT Mr. FEINGOLD. Mr. President, I ask weakness. Protecting American values Act expire. That is nonsense. Not a sin- unanimous consent that I be recog- is not weakness. Standing on principle gle Member of this body is calling for nized to speak at 11 a.m. on the motion is not weakness. Committing to fight any provision—not only that the bill to proceed. terrorism aggressively without com- should not be reauthorized, but no Sen- The PRESIDING OFFICER. Without promising the rights and freedoms this ator is calling for even one provision at objection, it is so ordered. country was founded upon is not weak- all to actually expire. There are any Mr. FEINGOLD. I suggest the ab- ness either. number of ways we can reauthorize the sence of a quorum. We have come too far and fought too act, while amending its most problem- The PRESIDING OFFICER. The hard to agree to reauthorize the PA- atic provisions, and I am not prepared clerk will call the roll. TRIOT Act without fixing any of the to support reauthorization without The assistant legislative clerk pro- major problems with the act. A few in- adequate reform. ceeded to call the roll. significant face-saving changes don’t Let me also be clear about how this Mrs. Feingold. Mr. President, I ask cut it. So I cannot support this deal. I process fell apart at the end of last unanimous consent that the order for strongly oppose proceeding to legisla- year and how we ended up having to ex- the quorum call be rescinded. tion that would implement it. tend the PATRIOT Act temporarily The PRESIDING OFFICER (Mr. I understand the pressure my col- past the end of 2005. In December, this GRAHAM). Without objection, it is so leagues have been under on this issue, body, in one of its prouder moments in ordered. and I again want to say I appreciate all recent years, refused to let through a Mr. FEINGOLD. Mr. President, it the hard work they have done on the badly flawed conference report. A bi- will come as no surprise that I would PATRIOT Act. It has been very grati- partisan group of Senators stood to- like to talk about the PATRIOT Act fying to work on a bipartisan basis on gether and demanded further changes. today, and certainly I listened to the this issue. It is unfortunate the White We made very clear what we were ask- remarks of the Senator from New House is so obviously trying to make ing for. We laid out five issues that Hampshire and have greatly enjoyed this into a partisan issue because it needed to be addressed to get our sup- the experience of working with him on sees some political advantage in doing port. Let me quickly read excerpts from a this issue for the last couple of years. so. But whether the White House likes letter that we sent out explaining our I, of course, come to a very different it, this will continue to be an issue concerns: conclusion about the matters before us. where both Democrats and Republicans I strongly oppose proceeding to the The draft conference report would allow have concerns, and we will continue to the Government to obtain sensitive personal consideration of S. 2271, which is legis- work together for changes in the law. I information on a mere showing of relevance. lation introduced by some of my am sure of that. But I will also con- This would allow Government fishing expedi- friends and colleagues to implement tinue to strongly oppose any reauthor- tions. As business groups like the U.S. the deal on the PATRIOT Act that was ization of the PATRIOT Act that Chamber of Commerce have argued, the Gov- struck by the White House last week. doesn’t protect the rights and freedoms ernment should be required to convince a Some may argue that there is no of law-abiding Americans who have ab- judge that the records they are seeking have harm in passing a bill that could chari- solutely no connection whatsoever to some connection to a suspected terrorist or tably be described as trivial. But pro- spy. terrorism. The draft conference report does not per- tecting the rights of law-abiding Amer- This deal does not meet that stand- mit the recipient of a section 215 order to icans is not trivial, and passage of S. ard. Frankly, Mr. President, it doesn’t challenge its automatic, permanent gag 2271 is the first step toward passage of even come close. I urge my colleagues order. Courts have held that similar restric- the flawed PATRIOT Act conference to oppose it and I, therefore, ask that tions violate the First Amendment. The re- report. they oppose even proceeding to this cipient of a section 215 order is entitled to I will oppose both measures, and I am legislation. meaningful judicial review of the gag order. prepared to discuss at length my rea- I wanted to take some time to lay The draft conference report doesn’t provide meaningful judicial review of a national se- sons for doing so. I do greatly respect out the background and context for curity letter’s gag order. It requires the the Senators who negotiated this deal, this ongoing debate over the PATRIOT court to accept as conclusive the Govern- but I am gravely disappointed in the Act, a debate that will not end with ment’s assertion that a gag order should not outcome. The White House would agree the reauthorization of the 16 provisions be lifted, unless the court determines the

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.010 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1328 CONGRESSIONAL RECORD — SENATE February 15, 2006 Government is acting in bad faith. The re- doesn’t go back up. So let me make it the day, the Senate bill actually con- cipients of NSLs are entitled to meaningful clear. I supported the information- tained meaningful changes to some of judicial review of a gag order. The draft conference report does not sun- sharing provisions of the PATRIOT the most problematic provisions in the set the NSL authority. In light of recent rev- Act. One of the key lessons we learned PATRIOT Act—provisions I have been elations about possible abuses of NSLs, the in the wake of September 11 was that trying to fix since October 2001—so I NSL provision should sunset in no more than our intelligence and law enforcement decided to support it. I made it very four years so that Congress will have an op- agencies were not sharing information clear at the time, however, that I portunity to review the use of this power. with each other, even where the stat- The draft conference report requires the viewed the bill as the end point of ne- Government to notify the target of a ‘‘sneak utes permitted it. gotiations, not the beginning. In fact, I Unfortunately, the wall was not so and peek’’ search no earlier than 30 days specifically warned my colleagues much a legal problem as it was a prob- after the search, rather than within seven ‘‘that the conference process must not lem of culture. That is not just my days, as the Senate bill provides and as pre- be allowed to dilute the safeguards in PATRIOT Act judicial decisions required. conclusion. The report of the 9/11 Com- The conference report should include a pre- mission made that very clear. I am this bill.’’ Obviously, I meant it, but it sumption that notice will be provided within sorry to report we have not made as appears that people either were not lis- a significantly shorter period in order to bet- much progress as we should have in tening or weren’t taking me seriously. ter protect Fourth Amendment rights. The bringing down those very significant This conference report, as slightly availability of additional 90-day extensions modified by this deal, unfortunately means that a shorter initial timeframe cultural barriers to information shar- should not be a hardship on the Government. ing among our agencies. The 9/11 Com- does not contain many important re- Those are the key parts of the letter mission report card that was issued to- forms to the PATRIOT Act we passed that we sent late last year. Now, you ward the end of last year gave the Gov- in the Senate, so I cannot support it. might ask, in this newly announced ernment a ‘‘D’’ for information sharing And I will fight. deal on the PATRIOT Act, have any of because our agencies’ cultures have not I wish to remind my colleagues of the these problems been solved? Have any changed enough. A statement issued by serious problems with the PATRIOT of the five problems identified by the Chairman Kean and Vice Chairman Act which we have been discussing for SAFE Act authors been solved? Hamilton explained, ‘‘You can change several years now. Let me start with The answer is simple, Mr. President. the law, you can change the tech- section 215, the so-called library provi- The answer is: No, not a single one. nology, but you still need to change sion, which has received probably the Only one of these issues has been even the culture. You still need to motivate most public attention of any one of the partially addressed by this deal. The institutions and individuals to share controversial provisions. I remember White House applied immense pressure information.’’ And so far, apparently, when the former Attorney General of and pulled out its usual scare tactics our Government has not met that chal- the United States called the librarians and succeeded in somehow convincing lenge. people to accept a deal that makes Talking about the importance of in- who were expressing disagreement with only a tiny substantive improvement formation sharing, as administration this provision ‘‘hysterical.’’ What a to a bill that was actually rejected in officials and other supporters of the revelation it was when the Chairman of December. This is simply not accept- conference report have done repeat- the Judiciary Committee, the Senator able. edly, is part of a pattern that started from Pennsylvania, opened his ques- I want to explain in detail my biggest several years ago on this issue of re- tioning of the current Attorney Gen- concerns with the conference report, as newing or revising the PATRIOT Act. eral during his confirmation hearing by modified by S. 2271, the legislation that Rather than engage in a true debate on expressing concerns about this provi- the majority leader is seeking to take the controversial parts of the PA- sion of the PATRIOT Act, section 215. up. First, I want to clear up one fre- TRIOT Act, as some in this body have He got the Attorney General to con- quent misconception. I have never ad- done—to their credit—during this reau- cede that, yes, in fact, this provision vocated repeal of any portion of the thorization process, many proponents probably went a bit too far and could PATRIOT Act. In fact, as I have said of the PATRIOT Act point to the non- be improved and clarified. And that repeatedly over the past 4 years, I sup- controversial provisions of the act and was really an extraordinary moment. ported most of that bill. There were talk about how important they are. It was a moment that was very slow in many good provisions in that bill. As They say this bill must be passed be- coming, and it was long overdue. my colleagues know, the PATRIOT Act cause it reauthorizes those non- I give credit to the Senator from did a lot more than expand our surveil- controversial provisions. But, that Pennsylvania because it allowed us to lance laws. Among other things, it set doesn’t advance the debate; it muddies start having a real debate on the PA- up a national network to prevent and the waters because we all agree that TRIOT Act. Credit also has to go to the detect electronic crimes, such as the those provisions should be continued. sabotage of the Nation’s financial sec- The point is we don’t have to accept American people, who stood up, despite tor; it established a counterterrorism bad provisions to make sure the good the dismissive and derisive comments fund to allow the Justice Department provisions become law, or continue to of Government officials, and said, with offices, disabled in terrorist attacks, to be law. loud voices: The PATRIOT Act needs keep operating; and it changed the I hope I actually advance the debate. to be changed. money laundering laws to make them I want to spend some time explaining My colleagues know as well as I do more useful in disrupting the financing my specific concerns with the con- that these voices came from the left of terrorist organizations. One section ference report and the deal that was and the right, from big cities and small even condemned discrimination struck to make a few minor changes to towns across America. So far, more against Arab and Muslim Americans. it. It is unfortunate the whole Congress than 400 State and local governmental Even some of the act’s surveillance could not come together, as the Senate bodies have passed resolutions calling sections were reasonable. One provision did around the Senate’s bipartisan for revisions to the PATRIOT Act. I authorized the FBI to expedite the hir- compromise reauthorization bill. In plan to read some of those resolutions ing of translators. Another added ter- July, the Senate Judiciary Committee on the floor during this debate, and rorism and computer crimes to the list voted unanimously in favor of a reau- there are a lot of them. Nearly every of crimes for which criminal wiretap thorization bill that made meaningful one mentions section 215. orders could be sought. And some pro- changes to the most controversial pro- visions helped to bring down what has visions of the PATRIOT Act to protect Section 215 is at the center of this de- been called frequently ‘‘the wall’’—the the rights and freedoms of innocent bate over the PATRIOT Act. It is also wall that had been built up between in- Americans. one of the provisions that I tried un- telligence and law enforcement agen- Shortly thereafter, that bill passed successfully to amend here on the floor cies. the full Senate by unanimous consent. in October of 2001. So it makes sense to Whenever we start debating the PA- It was not entirely easy for me to sup- start my discussion of the specific TRIOT Act, we hear a lot of people say- port the Senate bill, which fell short of problems I have with the conference re- ing we must reauthorize the PATRIOT the improvements contained in the bi- port with the infamous ‘‘library’’ pro- Act in order to ensure that the wall partisan SAFE Act. But at the end of vision.

VerDate Aug 31 2005 04:42 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.012 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1329 Section 215 of the PATRIOT Act al- not any government. The American tection against a fishing expedition. lows the Government to obtain secret people shouldn’t have to live with a The only actual requirement in the court orders in domestic intelligence poorly drafted provision which clearly conference report is that the Govern- investigations to get all kinds of busi- allows for the records of innocent ment show that those records are just ness records about people, including Americans to be searched and just hope relevant to an authorized intelligence not just library records but also med- that the Government uses it with re- investigation—that is all—just rel- ical records and various other types of straint. A government of laws doesn’t evant to an authorized intelligence in- business records. The PATRIOT Act al- require its citizens to rely on the good vestigation. Relevance is a very broad lowed the Government to obtain these will and good faith of those who have standard that could arguably justify records as long as they were ‘‘sought these powers, especially when adequate the collection of all kinds of informa- for’’ a terrorism investigation. That is safeguards could easily be written into tion about all kinds of law-abiding all they had to say. That is a very low the law—easily be written into the Americans. The three prongs are just standard. It didn’t require that the law—without compromising their use- examples of how the Government can records concern someone who was sus- fulness as a law enforcement or satisfy the relevance standard. That is pected of being a terrorist or spy or antiterrorist tool. not simply a loophole or an exception even suspected of being connected to a After lengthy and difficult negotia- that swallows the rule; the exception is terrorist or a spy. It didn’t require any tions, the Judiciary Committee came the rule. The exception basically de- demonstration of how the records up with language that achieved that stroys the meaning of the carefully would be useful in the investigation. goal. It would require the Government considered three-prong test we all sup- Under section 215, if the Government to convince a judge that a person has ported in the Senate. simply said it wanted records for a ter- some connection to terrorism or espio- I will try to make this as straight- rorism investigation, the secret FISA nage before obtaining their sensitive forward as I can. The Senate bill re- Court was required to issue the order— records. When I say ‘‘some connec- quires the Government to satisfy one no discretion required to issue the tion,’’ that is what I mean. The Senate of three tests. Each test requires some order, period. To make matters worse, bill’s standard is the following: No. 1, connection between the records and a recipients of these orders are also sub- that the records pertain to a terrorist suspected terrorist or spy. But the con- ject to an automatic gag order. They or spy; No. 2, that the records pertain ference report says that the Govern- cannot tell anyone that they have been to an individual in contact with or ment only is required to satisfy a new asked for records. known to a suspected terrorist or spy; fourth test, and that test is only rel- Some in the administration and even or No. 3, that the records are relevant evance and which does not require a in this body took the position that peo- to the activities of a suspected ter- connection between the records and a ple shouldn’t be able to criticize these rorist or spy. That is the three-prong suspect. So the other three tests no provisions until they could come up test in the Senate bill, and I believe it longer provide any protections at all. with a specific example of ‘‘abuse.’’ The is more than adequate to give law en- This issue was perhaps the most sig- Attorney General has repeatedly made forcement the power it needs to con- nificant reason I and others objected to that same argument, and he did so duct investigations while also suffi- the conference report. So, naturally, again in December in an op-ed in the ciently protecting the rights of inno- the question today is, How was this Washington Post when he dismissed cent Americans. It would not limit the issue addressed by the White House concerns about the PATRIOT Act by types of records the Government could deal to get the support of some Sen- saying that ‘‘there have been no obtain, and it does not go as far to pro- ators? The answer is, It wasn’t. Not one verified civil liberty abuses in the 4 tect law-abiding Americans as I would change was made on the standard for years of the Act’s existence.’’ prefer, but it would make sure the Gov- obtaining section 215 orders, and that First of all, that has always struck ernment cannot go on fishing expedi- is a grave disappointment. The White me as a strange argument since 215 or- tions into the records of completely in- House refused to make any changes at ders are issued by a secret court and nocent people. all. Not only would it not accept the people who receive them are prohibited The Senate bill would also give re- Senate version of section 215, which no by law from discussing them. In other cipients of the 215 order an explicit, Member of this body objected to back words, the law is designed—it is actu- meaningful right to challenge those or- in July, it wouldn’t make any change ally designed—so that it is almost im- ders and the accompanying gag orders in the conference report on this issue possible for you to know if abuses have in court. These provisions passed the at all. occurred. But even more importantly, Senate Judiciary Committee unani- Another significant problem with the the claim about lack of abuse just isn’t mously after tough negotiations late conference report that was rejected credible anymore, given what we now into the night, and as anyone familiar back in December is that it does not know about how this administration with the Judiciary Committee knows, authorize judicial review of the gag views the surveillance laws that this including the Chair, that is no mean order that comes with a section 215 body, this Congress, writes. We now feat, to get that done in the Judiciary order. While some have argued that the know that for the past 4-plus years, the Committee on any issue. review by the FISA Court of a Govern- Government has been wiretapping the The conference report did away with ment application for a section 215 order international communications of this delicate provision. First and most is equivalent to judicial review of the Americans inside the United States importantly, it does not contain the accompanying gag order, that is simply without obtaining the wiretap orders critical modifications to the standard inaccurate. The statute does not give required by statute. for section 215 orders. The Senate per- the FISA Court any latitude to make If we want to talk about abuses, I mits the Government to obtain busi- an individualized decision about wheth- can’t imagine a more shocking exam- ness records only if it can satisfy one er to impose a gag order when it issues ple of an abuse of power than to violate or more of the prongs of the three- a section 215 order. It is required by the law by eavesdropping on American prong test I just described. This is a statute to include a gag order in every citizens without first getting a court broad standard, and it has a lot of section 215 order. That means the gag order based on some evidence, some flexibility. But it retains the core pro- order is automatic and permanent in evidence that they are possibly crimi- tection—the core protection—that the every case. nals or terrorists or spies. So I don’t Government cannot go after someone This is a serious deficiency and one want to hear again from the Attorney who has no connection whatsoever to a which very likely violates the First General or anyone on this floor that terrorist or spy or their activities. Amendment. In litigation challenging this Government has shown it can be The conference replaces the three- a similar, permanent, automatic gag trusted to use the power we give it prong test with a simple relevance rule in a national security letter stat- with restraint and care. standard. It then provides a presump- ute, two courts have found first amend- The Government should not have tion of relevance that the Government ment violations because there is no in- those kinds of broad, intrusive powers meets one of the three prongs. It is dividualized evaluation of the need for in section 215—not this Government, silly to argue that this is adequate pro- secrecy. I have those decisions here,

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.013 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1330 CONGRESSIONAL RECORD — SENATE February 15, 2006 and perhaps I will have a chance to used to obtain three types of business of broad dragnet in an intelligence in- read them during this debate. records: subscriber and transactional vestigation. Nothing in current law This question of judicial review of information related to Internet and prevents it. The nature of criminal in- the section 215 gag order is one issue phone usage; credit reports; and finan- vestigations and intelligence investiga- that is actually addressed in some way cial records, a category that has been tions is different, and let’s not forget by the White House deal—addressed expanded to include records from all that. but not solved. Far from it. Under the kinds of everyday businesses like jew- Second, the recipients of grand jury deal, there is judicial review of section elers, car dealers, travel agents and subpoenas are not subject to the auto- 215 gag orders, but it can only take even casinos. matic secrecy that NSL recipients are. place after a year has passed, and it Just as with section 215, the PA- We should not underestimate the power can only be successful if the recipient TRIOT Act expanded the NSL authori- of allowing public disclosure when the of the section 215 order proves that the ties to allow the Government to use Government overreaches. In 2004, Fed- Government has acted in bad faith. As them to obtain records of people who eral officials withdrew a grand jury many of us have argued in the context are not suspected of being, or even of subpoena issued to Drake University of national security letters, that is a being connected to, terrorists or spies. for a list of participants in an antiwar virtually impossible standard to meet. The Government need only certify that protest because of public revelations What we need is meaningful judicial re- the documents are either sought for or about the demand. That could not have view of these gag orders, not just the relevant to an authorized intelligence happened if the request had been under illusion of it. investigation, a far-reaching standard section 215 or for records available via I do acknowledge one change made that could be used to obtain all kinds the NSL authorities. by the White House deal that I do of records about innocent Americans. Unfortunately, there are many other think is an improvement over the con- And just as with section 215, the recipi- reasons why the conference report does ference report. The conference report ent is subject to an automatic, perma- so little good on NSLs. Let’s talk next clarifies that the recipients of both nent gag rule. about judicial review. The conference section 215 orders and national security The conference report does little to report creates the illusion of judicial letters, which I will discuss in detail in fix the problems with the national se- review for NSLs, both for the letters a moment, can consult an attorney, curity letter authorities. In fact, it themselves and for the accompanying but it also includes a provision that re- could be argued that it makes the law gag rule, but, if you look at the details, quires the recipients of these letters to worse. Let me explain why. it is drafted in a way that makes that notify the FBI if they consult with the First, the conference report does review virtually meaningless. With re- attorney and to identify the attorney nothing to fix the standard for issuing gard to the NSLs themselves, the con- to the FBI. Obviously, this could have an NSL. It leaves in place the breath- ference report permits recipients to a significant chilling effect on the takingly broad relevance standard. consult their lawyer and seek judicial right to counsel. The deal struck with Now, some have analogized NSLs to review, but it also allows the Govern- the White House makes clear that re- grand jury subpoenas, which are issued ment to keep all of its submissions se- cipients of section 215 orders in na- by grand juries in criminal investiga- cret and not share them with the chal- tional security letters would not have tions to obtain records that are rel- lenger, regardless of whether there are to tell the FBI if they consult with an evant to the crime they are inves- national security interests at stake. So attorney. That is an improvement over tigating. So, the argument goes, what you can challenge the order, but you the conference report but, unfortu- is the big deal if NSLs are also issued have no way of knowing what the Gov- nately, it is only one relatively minor under a relevance standard for intel- ernment is telling the court in re- change. ligence investigations? sponse to your challenge. The parties Let me now turn to a very closely re- Two critical differences make that could be arguing about something as lated provision that has finally been analogy break down very quickly. First garden variety as attorney-client privi- getting the attention it deserves: na- of all, the key question is: Relevant to lege, with no national security issues, tional security letters, or NSLs—an au- what? In criminal cases, grand juries and the Government would have the thority that was expanded by section are investigating specific crimes, the ability to keep its submission secret. 358 and 505 of the PATRIOT Act. This scope of which is explicitly defined in That is a serious departure from our NSL issue has flown under the radar the criminal code. Although the grand usual adversarial process, and it is very for years, even though many of us have jury is quite powerful, the scope of its disturbing. been trying to bring more public atten- investigation is limited by the par- The other significant problem with tion to it. I am gratified that we are fi- ticular crime it is investigating. In the judicial review provisions is the nally talking about NSLs, in large part sharp contrast, intelligence investiga- standard for getting the gag rule over- due to a lengthy Washington Post tions are, by definition, extremely turned. In order to prevail, the recipi- story published last year on the use of broad. When you are gathering infor- ent has to prove that any certification these authorities. mation in an intelligence investiga- by the Government that disclosure What are NSLs, and why are they tion, anything could potentially be rel- would harm national security or im- such a concern? Let me spend a little evant. Suppose the Government be- pair diplomatic relations was made in time on this because it is quite impor- lieves a suspected terrorist visited Los bad faith. Again, this is a standard of tant. National security letters are Angeles in the last year or so. It might review that is virtually impossible to issued by the FBI to businesses to ob- then want to obtain and keep the meet. So what we have is the illusion tain certain types of records. So they records of everyone who has stayed in of judicial review. When you look be- are similar to section 215 orders, but every hotel in L.A., or booked a trip to hind the words in the statute, you real- with one very critical difference: the L.A. through a travel agent, over the ize it’s just a mirage. Government does not need to get any past couple years, and it could argue Does the White House deal address court approval whatsoever to issue strongly that that information is rel- these problems? It does not. In fact, as them. It doesn’t have to go to the FISA evant to a terrorism investigation be- I have already discussed, it expands Court and make even the most mini- cause it would be useful to run all that same very troubling standard of mal showing. It simply issues the order those names through the terrorist review to judicial review section 215 signed by the special agent in charge of watch list. gag orders. a field office or some other FBI head- I don’t have any reason to believe The modifications to the conference quarters official. that such broad use of NSLs is hap- report agreed to by the White House do NSLs can only be used to obtain cer- pening. But the point is that when you contain one other purported change to tain categories of business records, in are talking about intelligence inves- one of the NSL statutes. This modifica- fairness, while section 215 orders can be tigations, ‘‘relevance’’ is a very dif- tion states that the FBI cannot issue used to obtain ‘‘any tangible thing.’’ ferent concept than in criminal inves- an NSL for transactional and sub- But even the categories reachable by tigations. It is certainly conceivable scriber information about telephone an NSL are quite broad. NSLs can be that NSLs could be used for that kind and Internet usage to a library unless

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.014 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1331 the library is offering ‘‘electronic com- that same standard to challenges to If there is no one present to receive the munication services’’ as defined in the the gag rule for section 215 orders is an warrant, and the search must be car- statute. But that just restates the ex- improvement? A standard that was un- ried out immediately, most warrants isting requirements of the NSL stat- acceptable in December has somehow require that they be left behind at the ute, which currently applies only to en- miraculously been transformed into a premises that were searched. Notice of tities—libraries or otherwise—that pro- meaningful concession. That is just the search is part of the standard vide ‘‘electronic communication serv- spin. It doesn’t pass the laugh test. Fourth Amendment protection. It’s ices.’’ So that provision has no real I suspect that the NSL power is what gives meaning, or maybe we legal effect whatsoever. Perhaps that something that the administration is should say ‘‘teeth,’’ to the Constitu- explains why the American Library As- zealously guarding because it is one tion’s requirement of a warrant and a sociation issued a statement calling area where there is almost no judicial particular description of the place to this provision a ‘‘figleaf’’ and express- involvement or oversight. It is the last be searched and the persons or items to ing disappointment that so many Sen- refuge for those who want virtually un- be seized. ators have agreed to this deal. limited Governmental power in intel- Over the years, the courts have had I also want to take a moment to ad- ligence investigations. And that is why to deal with Government claims that dress, again, an argument that has the Congress should be very concerned the circumstances of a particular in- been made about the NSL provisions of and very insistent on making the rea- vestigation require a search without the conference report. It has been ar- sonable changes we have suggested. notifying the target prior to carrying gued that many of the complaints I I next want to address ‘‘sneak and out the search. In some cases, giving have about the NSL provisions of the peek’’ searches. This is another area notice would compromise the success conference report apply equally to the where the conference report departs of the search by leading to the flight of NSL provisions of the Senate bill and from the Senate’s compromise lan- the suspect or the destruction of evi- therefore, because I supported the Sen- guage, another area where the White dence. The two leading cases on so- ate bill, by some convoluted theory my House deal makes no changes whatso- called surreptitious entry, or what complaints are therefore invalid and I ever, and another reason that I must have come to be known as ‘‘sneak and should support the conference report. oppose the conference report. peek’’ searches, came to very similar That just makes no sense. The NSL When we debated the PATRIOT Act conclusions. Notice of criminal search section of the Senate bill was one of in December, the senior Senator from warrants could be delayed but not the worst sections of the bill. I didn’t Pennsylvania made what seems on the omitted entirely. Both the Second Cir- like it then, and I don’t like it now. surface to be an appealing argument. cuit in U.S. v. Villegas and the Ninth But in the context of the larger pack- He said that the Senate bill requires Circuit in U.S. v. Freitas held that a age of reforms that were in the Senate notice of a sneak and peek search with- sneak and peek warrant must provide bill, including the important changes in 7 days of the search, and the House that notice of the search will be given to section 215 that I talked about ear- said 180 days. The conference com- within 7 days, unless extended by the lier and the new time limit on ‘‘sneak promised on 30 days. ‘‘That’s a good re- court. Listen to what the Freitas court and peek’’ search warrants that I will sult,’’ he says. ‘‘They came down 150 said about such searches: talk about in a moment, I was able to days, we went up only 23. What’s wrong with that?’’ We take this position because surreptitious accept that NSL section even though I searches and seizures of intangibles strike at would have preferred additional re- Let me take a little time to put this the very heart of the interests protected by forms. issue in context and explain why this the Fourth Amendment. The mere thought The argument has been made that isn’t just a numbers game—an impor- of strangers walking through and visually after supporting a compromise package tant constitutional right is at stake. examining the center of our privacy interest, for its good parts, I guess the idea is I One of the most fundamental protec- our home, arouses our passion for freedom as am supposed to accept a conference re- tions in the Bill of Rights is the fourth does nothing else. That passion, the true port that has only the bad parts of the amendment’s guarantee that all citi- source of the Fourth Amendment, demands package even though the good parts zens have the right to ‘‘be secure in that surreptitious entries be closely cir- cumscribed. have been stripped out. That is just their persons, houses, papers, and ef- nonsense, and every Member of this fects’’ against ‘‘unreasonable searches So when defenders of the PATRIOT chamber who has ever agreed to a com- and seizures.’’ The idea that the Gov- Act say that sneak and peek searches promise—and I must assume that in- ernment cannot enter our homes im- were commonly approved by courts cludes every single one of us—knows it. properly is a bedrock principle for prior to the PATRIOT Act, they are The other point I want to emphasize Americans, and rightly so. The fourth partially correct. Some courts per- here is that the Senate bill was passed amendment has a rich history and in- mitted secret searches in very limited before the Post reported about the use cludes in its ambit some very impor- circumstances, but they also recog- of NSLs and the difficulties that the tant requirements for searches. One is nized the need for prompt notice after gag rule poses for businesses that feel the requirement that a search be con- the search unless a reason to continue they are being unfairly burdened by ducted pursuant to a warrant. The Con- to delay notice was demonstrated. And them. At the very least, I would think stitution specifically requires that a they specifically said that notice had that a sunset of the NSL authorities warrant for a search be issued only to occur within 7 en days. would be justified to ensure that Con- where there is probable cause and that Section 213 of the PATRIOT Act gress has the opportunity to take a the warrant specifically describe the didn’t get this part of the balance close look at such a broad power. But place to be searched and the persons or right. It allowed notice to be delayed the conferees and the White House re- things to be seized. for any reasonable length of time. In- fused to make that change. Nor would Why does the Constitution require formation provided by the administra- they budge at all on the absurdly dif- that particular description? For one tion about the use of this provision in- ficult standard of review, the so-called thing, that description becomes a limit dicates that delays of months at a time conclusive presumption; in fact, the on what can be searched or what can be are now becoming commonplace. Those White House insisted on repeating it in seized. If the magistrate approves a are hardly the kind of delays that the the context of judicial review of sec- warrant to search someone’s home and courts had been allowing prior to the tion 215 gag orders. the police show up at the person’s busi- PATRIOT Act. This points out a real problem I have ness, that search is not valid. If the The sneak and peek power in the PA- with the White House deal. In our let- warrant authorizes a search at a par- TRIOT Act caused concern right from ter in December, my colleagues and I, ticular address, and the police take it the start. And not just because of the Democratic and Republican, com- next door, they have no right to enter lack of a time-limited notice require- plained about the unfair standard for that house. But of course, there is no ment. The PATRIOT Act also broad- judicial review of the gag order in con- opportunity to point out that the war- ened the justifications that the Gov- nection to NSLs. So how can the sup- rant is inadequate unless that warrant ernment could give in order to obtain a porters of this deal argue that applying is handed to someone at the premises. sneak and peek warrant. It included

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.002 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1332 CONGRESSIONAL RECORD — SENATE February 15, 2006 what came to be known as the ‘‘catch- searched might suspect that someone that trouble me, and the ways in which all’’ provision, which allows the Gov- had broken in, might be living in fear the deal struck with the White House ernment to avoid giving notice of a that someone has a key or some other does not address those problems with search if it would ‘‘seriously jeopardize way to enter. Should we make that the conference report. But to be fair, I an investigation.’’ Some think that person wait a month to get an expla- should mention one aspect of the con- that justification in some ways swal- nation rather than a week? Presum- ference report that was better than a lows the requirement of notice since ably, if the search revealed nothing, draft that circulated prior to the final most investigators would prefer not to and especially if the Government real- signing of that report. The conference give notice of a search and can easily ized the mistake and does not intend to report includes 4-year sunsets on three argue that giving notice will hurt the apply for an extension, it will be no of the most controversial provisions: investigation. hardship, other than embarrassment, roving wiretaps, the so-called ‘‘library’’ That is why it sounds to many like a for notice to be given within 7 days. provision, and the ‘‘lone wolf’ provision catch-all provision. That is why I’m not persuaded by the of the Foreign Intelligence Surveil- Critics of the sneak and peek provi- numbers game. The Senate bill was al- lance Act. Previously, the sunsets on sion worked to fix both of the problems ready a compromise on this very con- these provisions were at 7 years, and it when they introduced the SAFE Act. troversial provision. And there is no is certainly an improvement to have First, in that bill, we tightened the good reason not to adopt the Senate’s reduced that number so that Congress standard for justifying a sneak and provision. I have pointed this out re- can take another look at those provi- peek search to a limited set of cir- peatedly, and no one has ever come for- sions sooner. cumstances—when advance notice ward and explained why the Govern- I also want to acknowledge that the would endanger life or property, or re- ment can’t come back to the court conference report creates new report- sult in flight from prosecution, the in- within 7 days of executing the search. ing requirements for some PATRIOT timidation of witnesses, or the destruc- Instead, they let the House get away Act powers, including new reporting on tion of evidence. Second, we required with a negotiating tactic—by starting roving wiretaps, section 215, ‘‘sneak notice within 7 days, with an unlimited with 180 days, they can argue that 30 and peek’’ search warrants, and na- number of 21-day extensions if ap- days is a big concession. But it cer- tional security letters. There are also proved by the court. tainly wasn’t. new requirements that the Inspector The Senate bill, as we all know, was Let me put it to you this way: If the General of the Department of Justice a compromise. It kept the catch-all House had passed a provision that al- conduct audits of the Government’s use provision as a justification for obtain- lowed for notice to be delayed for 1,000 of national security letters and section ing a sneak and peek warrant. Those of days, would anyone be boasting about a 215. In addition, the conference report us who were concerned about that pro- compromise that requires notice with- includes some other useful oversight vision agreed to accept it in return for in 100 days, more than 3 months? Would provisions relating to FISA. It requires getting the 7-day notice requirement. that be a persuasive argument? I don’t that Congress be informed about the And we accepted unlimited extensions think so. The House provision of 180 FISA Court’s rules and procedures and of up to 90 days at a time. The key days was arguably worse than current about the use of emergency authorities law, which required notice ‘‘within a thing was prompt notice after the fact, under FISA, and gives the Senate Judi- reasonable time,’’ because it creates a or a court order that continuing to ciary Committee access to certain presumption that delaying notice for delay notice was justified. FISA reporting that currently only 180 days, 6 months, is reasonable. It That is the background to the num- goes to the Intelligence Committee. I was a bargaining ploy. The Senate bers game that the Senator from Penn- am also glad to see that it requires the version was what the courts had re- sylvania and other supporters of the Department of Justice to report to us quired prior to the PATRIOT Act. And conference report point to. They want it was itself a compromise because it on its data mining activities. credit for walking the House back from But adding sunsets and new reporting leaves in place the catch-all provision and oversight requirements only gets its outrageous position of 180 days, but for justifying the warrant in the first you so far. The conference report, as it they refuse to recognize that the sneak place. That is why I believe the con- and peek provision still has the catch- ference report on the sneak and peek would be modified by S. 2271, remains all justification and unlimited 90-day provision is inadequate and must be op- deeply flawed. I appreciate sunsets and extensions. posed. And the fact that this so-called reporting, and I know that the senior Here is the crucial question that they deal with the White House does not ad- Senator from Pennsylvania worked refuse to answer. What possible ration- dress this issue is yet another reason hard to ensure they were included, but ale is there for not requiring the Gov- why I see no reason why I, or anyone, these improvements are not enough. ernment to go back to a court within 7 should change their position on this. Sunsetting bad law in another 4 years days and demonstrate a need for con- Let me make one final point about is not good enough. Simply requiring tinued secrecy? Why insist that the sneak and peek warrants. Don’t be reporting on the Government’s use of Government get 30 days free without fooled for a minute into believing that these overly expansive tools does not getting an extension? Could it be that this power is needed to investigate ter- ensure that they will not be abused. We they think that the courts usually rorism or espionage. It’s not. Section must make substantive changes to the won’t agree that continued secrecy is 213 is a criminal provision that applies law, not just improve oversight. This is needed after the search is conducted, so in whatever kinds of criminal inves- our chance, and we cannot let it pass they won’t get the 90-day extension? If tigations the Government has under- by. they have to go back to a court at taken. In fact, most sneak and peek Trust of Government cannot be can- some point, why not go back after 7 warrants are issued for drug investiga- not be demanded or asserted or as- days rather than 30? From the point of tions. So why do I say that they aren’t sumed; it must be earned. And this ad- view of the Government, I don’t see the needed in terrorism investigations? Be- ministration has not earned our trust. big deal. But from the point of view of cause FISA also can apply to those in- It has fought reasonable safeguards for someone whose house has been secretly vestigations. And FISA search war- constitutional freedoms every step of searched, there is a big difference be- rants are always executed in secret, the way. It has resisted congressional tween 1 week and a month with regard and never require notice. If you really oversight and often misled the public to the time you are notified that some don’t want to give notice of a search in about its use of the PATRIOT Act. We one came into your house and you had a terrorism investigation, you can get know now that it has even authorized absolutely no idea about it. a FISA warrant. So any argument that illegal wiretaps and is making mis- Suppose, for example, that the Gov- limiting the sneak and peek power as leading legal arguments to try to jus- ernment actually searched the wrong we have proposed will interfere with tify them. We sunsetted 16 provisions house. As I mentioned, that’s one of sensitive terrorism investigations is a of the original PATRIOT Act precisely the reasons that notice is a fourth red herring. so we could revisit them and make nec- amendment requirement. The innocent I have spoken at some length about essary changes—to make improve- owner of the place that had been the provisions of this conference report ments based on the experience of 4

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.003 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1333 years with the Act, and with the care- tremendous protections to the people law. They follow the law. In my re- ful deliberation and debate that, quite of the United States which don’t now marks, I will demonstrate these frankly, was missing 4 years ago. This exist, and that those protections are agents, unlike what is seen on tele- process of reauthorization has cer- crafted in a way which is sensitive to vision, follow what we tell them to do. tainly generated debate, but if we pass and consistent with the great civil lib- If they do not follow what we tell them the conference report, even with the erties which we all cherish. to do, they can be prosecuted, removed few White House modifications, in Two months ago, in December, we from the FBI, the DEA or the Federal some ways we will have wasted a lot of had a long debate, and since then, we agency for which they work. In fact, time and missed our opportunity to fi- have had to extend the PATRIOT Act they know that and they remain dis- nally get it right. for some time without reauthorizing it. ciplined and men and women of integ- The American people will not be Leaders have met and worked and dealt rity who follow the law. Therefore, do happy with us for missing that chance. with some concerns. I know four Re- not think, when we pass restrictions on They will not accept our explanation publican Senators who had concerns, how they do their work, that it is not that we decided to wait another 4 years and their concerns have been met. I going to be followed; that if it is a real- before really addressing their concerns. think others also have likewise felt ly big case, such as on ‘‘Kojak,’’ that It appears that is now an inevitable their concerns have been met. They are they will go in and kick in the door outcome. But I am prepared to keep not large changes, but it made the Sen- without a warrant. That does not hap- fighting for as long as it takes to get ators happy and they feel comfortable pen. In 2001, we know at least 19 foreign this right. For now, I urge my col- with voting for the bill today. That is terrorists were able to enter this coun- leagues to oppose the motion to pro- good news. It is time to pass it. try and plan and execute the most dev- ceed to this legislation to implement I believe the American people expect astating terrorist attack this Nation the White House deal. We can do better that we will be able to have an up-or- has ever seen. The reasons the United than these minor cosmetic changes. down vote on this legislation. That has States and terror investigators, the I yield the floor. been blocked. There has been a major- people we had out there at the time— I suggest the absence of a quorum. ity in favor of the legislation for some FBI, CIA, and others—failed to uncover The PRESIDING OFFICER (Ms. MUR- time. and stop the September 11 conspiracy KOWSKI). The clerk will call the roll. To get to cloture, we have to use 30 have now been explored carefully by a The legislative clerk proceeded to hours of debate, which will probably joint inquiry of the House and Senate call the roll. last throughout the day and into to- Intelligence Committees and other Mr. ALLEN. Madam President, I ask morrow. We will get there this time, I congressional committees and commis- unanimous consent that the order for am confident. When we do, we will have sions, as well as the 9/11 Commission. the quorum call be rescinded. a fairly strong vote, I believe, in favor These very commissions and inquiries The PRESIDING OFFICER. Without of the legislation. We certainly should. have reviewed, in painstaking detail, objection, it is so ordered. I urge my colleagues to work with us the various pre-September 11 investiga- (The remarks of Mr. ALLEN per- as best they can to move this forward tions that were out there—investiga- taining to the introduction of S.J. Res. in an expeditious way that allows for tions, inquiries, preliminary inquir- 31 are located in today’s RECORD under the up-or-down vote that is necessary. ies—gathering information that raised ‘‘Submission of Concurrent and Senate I have talked about it a number of times, but I thought today I would people’s suspicions about terrorism. Resolutions.’’) These investigations could have but focus on the question of why the PA- Mr. ALLEN. I suggest the absence of unfortunately did not stop the Sep- TRIOT Act matters, or are these just a quorum. tember 11 plot. We have seen how close academic issues? Are they issues of an The PRESIDING OFFICER (Mr. the investigators came to discovering FBI agent wanting to violate our civil THUNE). The clerk will call the roll. or disrupting the conspiracy, only to The bill clerk proceeded to call the rights and spy on us? Some group in repeatedly reach dead ends or obstruc- roll. Government out here with black heli- tions to their investigations. Mr. DORGAN. Mr. President, I ask copters trying to find out what people Those are the facts they found. Some unanimous consent that the order for are doing and then take away our lib- of the most important pre-September the quorum call be rescinded. erties? 11 investigations, we know exactly The PRESIDING OFFICER (Mr. That is a great exaggeration. This is what stood in the way of a successful ALLEN). Without objection, it is so or- not what is at stake here. This bill is investigation. It was the laws Congress dered. consistent with our great American wrote, seemingly minor, but, neverthe- Mr. DORGAN. Mr. President, I under- liberties. It has not been held unconsti- less, with substantive gaps in our stand the current business. I ask unan- tutional. Overwhelmingly, the powers antiterror laws, preventing the FBI imous consent that my presentation given in this act are powers that law from fully exporting the best leads it appear in the RECORD as in Morning enforcement officers have had for had on the al-Qaida conspiracy. One Business. years. They have been able to utilize pre-September 11 investigation, in par- The PRESIDING OFFICER. Without them to catch burglars, murderers, ticular, came tantalizingly close to objection, it is so ordered. drug dealers, and the like. substantially disrupting or even stop- (The remarks of Mr. DORGAN are The local district attorney can sub- ping the terrorist plot. But this inves- printed in today’s RECORD under poena my library records, medical tigation was blocked by a flaw in our ‘‘Morning Business.’’) records, and bank records. The Drug antiterror laws that has since been cor- Mr. DORGAN. Mr. President, I yield Enforcement Administration Act by rected by this PATRIOT Act being fili- the floor and I suggest the absence of a administrative subpoena—not even a bustered today. quorum. grand jury subpoena—can subpoena my This investigation involved Khalid Al The PRESIDING OFFICER (Mr. telephone toll records. That has always Midhar. Midhar was one of the even- SUNUNU). The clerk will call the roll. been the law. That is the law today. We tual suicide attackers on the American The bill clerk proceeded to call the have provisions that allow our inves- Airlines flight 77 which was flown into roll. tigators to do that for terrorists. One the Pentagon across the river from Mr. SESSIONS. Mr. President, I ask would think somehow we are ripping here, killing 58 passengers on the unanimous consent that the order for the Constitution into shreds, that this plane, the crew, and 125 people at the the quorum call be dispensed with. is somehow a threat to our funda- Pentagon. Patriots all. The PRESIDING OFFICER. Without mental liberties. It is not so. An account of a pre-September 11 in- objection, it is so ordered. Let me point out I had the privilege, vestigation of Midhar is provided in the Mr. SESSIONS. Mr. President, we are for over 15 years, to be a Federal pros- 9/11 Commission Staff Statement No. again enduring another filibuster of ecutor and work on a daily basis with 10. The 9/11 Commission looked at what the PATRIOT Act. It is frustrating to FBI agents, DEA agents, and customs information we did have prior to these me in the sense that I believe, properly agents. These are men and women who events, and this is what the staff state- understood, the PATRIOT Act provides love their country. They believe in our ment notes:

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.004 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1334 CONGRESSIONAL RECORD — SENATE February 15, 2006 During the summer of 2001, a CIA agent abuses of Watergate and the Frank reform legislation that was passed the asked an FBI official [a CIA agent respon- Church committee hearings. They de- year before—all with good intentions. sible for foreign intelligence talked with an cided that in foreign intelligence—that Let me mention another matter of a FBI official responsible for the security and similar nature. law enforcement international] to review all is one thing, domestic is another—for- of the materials from a Al Qaeda meeting in eign intelligence does not always fol- Another key pre-September 11 inves- Kuala Lumpur, Malaysia one more time. The low every rule. We ought to have a tigation was also blocked by a seem- FBI official began her work on July 24th clear line between the FBI, which is ingly minor gap in the law. The case prior to September 11, 2001. That day she over here in America, and we ought not involves Minneapolis FBI agents’ sum- found the cable reporting that Khalid Al give them information that the CIA mer 2001 investigation of al-Qaida Mihdhar had a visa to the United States. A had because they thought somehow member Zacarias Moussaoui. week later she found the cable reporting that this was going to deny us our civil lib- Hearings before the 9/11 Commission Mihdhar’s visa application—what was later raised agonizing questions about the discovered to be his first application—listed erties, which was not very clear think- New York as his destination . . . The FBI of- ing, in my view. FBI’s pursuit of Moussaoui. Commis- ficial grasped the significance of this infor- But these were good people. They sioner Richard Ben-Veniste noted the mation. were driven maybe by the politics of possibility that the Moussaoui inves- The FBI official and an FBI analyst work- the time or what they thought was tigation could have allowed the United ing on the case promptly met with INS rep- good at the time. They created this States to ‘‘possibly disrupt the [9/11] resentatives at the FBI Headquarters. On wall we have demolished with the PA- plot.’’ Commissioner Bob Kerrey, a August 22nd, INS told them that Mihdhar had entered the United States on January TRIOT Act—and good riddance it is. former Member of this Senate, even 15t, 2000, and again on July 4, 2001 . . . The There is no sense in this. suggested that with better use of the FBI agents decided that if Mihdhar was in The 9/11 Commission has reached the information gleaned from Moussaoui, the United States, he should be found. following conclusion about the effect the ‘‘conspiracy would have been rolled At this point, the investigation of the legal wall between criminal and in- up.’’ Khalid Al Midhar came up against the telligence investigations had on the Moussaoui was arrested by Min- infamous legal ‘‘wall’’ that separated pre-September 11 investigation of neapolis FBI agents several weeks be- criminal and intelligence investiga- Khalid Al Midhar. This is what the 9/11 fore the 9/11 attacks. Do you remember tions at the time. Commission concludes: that? He was arrested early that sum- The Joint Inquiry Report of the Many witnesses have suggested that even mer. Instructors at a Minnesota flight House and Senate Intelligence Com- if Mihdhar had been found, there was noth- school became suspicious when mittees describes what happens next: ing the agents could have done except follow Moussaoui, with little apparent knowl- him onto the airplane. We believe this is in- Even in late August 2001 when CIA told edge of flying, asked to be taught how correct. Both Hazmi and Mihdhar could have FBI, State, INS, and Customs that Khalid al- to pilot a 747. The instructors were Mihdhar, Nawaf al-Yazmi, and two other been held for immigration violations or as material witnesses in the Cole bombing case. concerned about it. They were on alert. ‘‘Bin Laden-related individuals’’ were in the They did what good citizens would do. This was our warship, the USS Cole, United States, FBI Headquarters refused to Remember, this is before 9/11. But they accede to the New York field office rec- that was bombed by al-Qaida, killing a were concerned about this oddity. They ommendation that a criminal investigation number of American sailors in Yemen; called the FBI in Minneapolis, which be opened, which might allow greater re- an attack on a warship of the United immediately suspected that Moussaoui sources to be dedicated to the search for the States by al-Qaida. What does it take future hijackers . . . might be a terrorist. to get our attention? The FBI has attorneys. They read our This report continues: FBI agents opened an investigation of Moussaoui and sought a FISA that is statutes, they read the laws we pass, Investigation or interrogation of any of they tell the agents what they can and these individuals, and their travel and finan- the Foreign Intelligence Surveillance cannot do because they are committed cial activities, also may have yielded evi- Court—national security warrant to to complying with the laws we place dence of connections to other participants in search his belongings. But for 3 long upon them. the 9/11 plot. In any case, the opportunity did weeks, the FBI agents were denied that The FBI attorneys took the position that not arise. FISA warrant. During that 3 weeks— criminal investigators CANNOT be involved There was a realistic chance, had you know the truth—the September 11 and that criminal information discovered in these rules not existed, rules that this attack occurred. the intelligence case would be ‘‘passed over PATRIOT Act eliminates, we would After the attacks—and largely be- the wall’’ according to procedures. An agent have been able to move forward with cause of them the agents were then in the FBI’s New York field office responded able to obtain an ‘‘ordinary’’ criminal by an e-mail, saying— an investigation that had some pros- pect of actually preventing September warrant. So after the attacks, the And I will quote the agent in a sec- 11 from occurring. agents were issued an ‘‘ordinary’’ ond but the scene is this: The FBI field Some say, Jeff, you cannot say that criminal warrant to conduct the office in New York concluded, after ob- for certain; and I am not saying it for search. And when they conducted the taining information from CIA that this certain, but I have been involved in in- search, his belongings then linked individual, one of the hijackers, was a vestigations. You never know. You get Moussaoui to two of the actual 9/11 hi- dangerous person and should be found. a bit of information, you follow up on jackers and to a high-level organizer of And the FBI field office—it is a big a lead or two, you get a search war- the attacks who was later arrested in deal to be a special agent in charge of rant, you surveil an activity, and all of Pakistan. the New York field office, the biggest a sudden you find that bit of evidence The 9/11 Commissioners were right to one in the country—recommended to that takes you even further into an or- ask whether more could have been done FBI headquarters that we act on it. ganization committed to a criminal ac- to pursue the case. This case was one of The FBI lawyers read the laws we tivity or a terrorist plot you never our best chances of stopping or dis- passed and said ‘‘you cannot.’’ This is knew existed. This is reality of law en- rupting the 9/11 attacks. Could more what the agent in New York responded forcement work today. We ask them have been done? The best answer is when he heard this, sent it by e-mail. every day to do this. And those inves- probably no—based on the law that ex- See if this doesn’t chill your spine a isted at that time. bit. tigating terrorist cases are giving their He said: very heart and soul to it. They are try- The FBI agents were blocked from searching Moussaoui because of an out- Whatever has happened to this, someday ing every way possible, consistent with someone will die and, wall or not, the public the law, not outside the law, to gather dated requirement of the 1978 FISA will not understand why we were not more all the information they can to be suc- statute. Unfortunately, one of that effective in throwing every resource we had cessful. statute’s requirements was that the at certain problems. So we know the PATRIOT Act was target of an investigation—if it were to That was his reaction. It was a nat- enacted too late to have aided in the be subject to a search under a FISA ural reaction. pre-September 11 investigations, unfor- warrant, a foreign intelligence war- How did we get this wall? It occurred tunately. But it did raise our con- rant—the agent had to have proof that in a spate of reform legislation after sciousness of the lack of wisdom on the he was not a lone-wolf terrorist, but he

VerDate Aug 31 2005 00:37 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.028 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1335 must have been an agent of a foreign asters. Congress must not take the po- on this issue. I suppose that is one way power or a known terrorist group. The sition that enough time has been to characterize it. What I would char- law did not allow searches of apparent passed since 9/11. Congress must not acterize it as is those of us who have lone wolves, like Zacarias Moussaoui allow the information wall to be recon- concerns about this bill are enduring was thought to be at the time. They structed by blocking the passage of the again speech after speech that has ab- did not have the evidence to show oth- PATRIOT Act, or allow the tools we solutely nothing to do with the issues erwise. have given to our terrorism investiga- at hand. That is irrelevant to the con- So according to the FBI Director, the tors by the PATRIOT Act to be taken cerns we have raised about the PA- man in charge of the FBI, Robert away. TRIOT Act. Mueller—a former prosecutor of many We must pass the PATRIOT Act re- years and a skilled lawyer—the gap in authorization conference report. It is Throughout his speech, the Senator FISA probably would have prevented that simple. It permanently plugs most from Alabama talked about issues that the FBI from using FISA against any of the holes that we know existed in are not about the concerns we have of the September 11 hijackers. As the our terrorism laws. The report retains raised. In fact, again, we are subjected Director noted in his testimony before a few sunsets. I do not think they are to this idea that somehow those of us the Judiciary Committee: necessary. I think they were good, who raise these concerns are not con- Prior to September 11, [of] the 19 or 20 hi- sound changes in the law. But people cerned about what happened to this jackers . . . we had very little information are nervous that they might be abused, Nation on 9/11, that we do not feel ex- as to any one of the individuals being associ- so they will automatically sunset if we actly as much as the Senator from Ala- ated with . . . a particular terrorist group. do not extend them. OK, we will do bama the pain and the tragedy of the So in other words, their lawyers in that. If that will get some people more loss of those 3,000 lives. the FBI were saying: Well, you can’t comfortable so they will pass this bill, Not a single concern I have raised use the FISA. I know you want to. I we will do that. about this bill would have anything to know you have suspicions. And I know And the report has a long list of addi- do with this Government’s ability to he looks like a terrorist. And we would tional civil liberties protections. crack down on people who are trying to like to search his belongings and see if It is a compromise product that came attack this country. In fact, that is the he has any connection with any ter- out of our Judiciary Committee, I be- whole point. All of the changes we seek rorist organization and maybe find out lieve with a unanimous vote, and with are to try to make sure we distinguish if they have any bombs or plans there. a unanimous vote on the floor of the those who are completely innocent and But you can’t do it because we lack one Senate, and went to conference. A few unrelated to the terrorists from those little bit of proof. We can’t prove he’s changes were made in conference. But who, in fact, are involved in espionage connected to a terrorist group or a for- where there were conflicts, overwhelm- or terrorism. eign nation. Sorry. Can’t do it. ingly, the conflicts were decided in So the ‘‘lone-wolf’’ gap was fixed by favor of the Senate product. And it was The Senator talks about academic the Intell reauthorization, and adopted that product that finally hit the floor issues. But these are not academic as part of the PATRIOT Act. We need of the Senate in December. And we issues. The fact is, when he brings up to reauthorize it and continue it into have had this filibuster going ever anything specific, he is changing the law. since. Hopefully, now we are in a posi- subject. He is bringing up non- What the various reports and com- tion to end it. controversial issues. He talks about missions investigating the 9/11 attacks I urge my colleagues to examine the this wall. I talked about this in my have shown us thus far is that where nature of the PATRIOT Act as it is speech before: the wall between the our antiterror laws are concerned, even now configured. Read it carefully. Ask CIA and FBI. No Member of this body seemingly little things, minor things— any questions you have. Make sure you disputes that wall needed to be taken it might seem like they were OK at the understand what powers police have down. The wall has been taken down. I time—can make a big difference, a life today in your hometowns all over do not want it to be put back up. That and death difference. America. And do not get confused that is not in controversy. Before September 11, few would have some of the things provided for might And virtually the entire speech by thought that the lack of authority in sound if—you listen to critics—as if FISA for the FBI to monitor and they are new and far-reaching and ut- the Senator from Alabama was about search lone-wolf terrorists might be de- terly dangerous. They are part of ev- specific issues—the Midhar case and cisive as to our ability to stop a major eryday law enforcement—overwhelm- the Moussaoui case. All of that part of terrorist attack on U.S. soil. Indeed, ingly, they are—and I believe are con- his speech was about something that is that is true. We did not think about it. sistent with the highest commitment not in controversy. If he wants to offer We did not think clearly about it. of American citizens to civil liberties. that as a bill right now to simply con- And before September 11, though I would also mention this. There are tinue that provision, he can put me there was some attention to the prob- almost 3,000 people who are no longer down as a cosponsor. So it is com- lems posed by the legal wall between with us today. They have zero civil lib- pletely irrelevant to what we are dis- the intelligence-gathering agencies and erties as a result of the most vicious cussing and what my concerns are at the criminal investigative agencies, and hateful attack on 9/11. That is not this point. there was little sense of urgency to fix an academic matter. That is a fact. As The Senator says that somehow peo- those matters. We accepted it. The FBI that FBI agent said: Someday the ple are running around saying that the accepted it. It was the way you had to American people are not going to un- FBI is kicking down people’s doors do business. You could not violate the derstand how we were not able to inter- without a warrant. Nobody ever said law. I am sorry, you cannot inves- cept and investigate these groups. that. I understand how the sneak-and- tigate. You cannot participate with the Mr. President, I thank the Chair and peek provisions work. We have been on CIA. Even though you may think he is yield the floor. this issue for a while. We know that in a terrorist instigator, you cannot par- The PRESIDING OFFICER (Mr. sneak and peek there has to be a war- ticipate because there is a wall that COBURN ). The Senator from Wisconsin. rant. the Congress created. Mr. FEINGOLD. Mr. President, I ap- So at the time, these all seemed like preciate the Senator from Alabama The question there is not whether legal technicalities—not real problems, joining the debate about the PATRIOT there are warrantless searches of peo- the kind of problems that could lead to Act. I am going to respond very briefly ple’s homes. The question is, when the deaths of almost 3,000 American to his remarks because I know there somebody is allowed, through a judicial citizens. are other Senators on the floor who order and a warrant, to come into Today, we face the same challenge— wish to speak about other issues, and I somebody’s house when they do not get recognizing why it is so important to will defer to them in a moment. notice of it, how long somebody should fix small gaps in the law that can lead But the Senator complained that the have to endure the possibility that to large consequences and real-life dis- Senate is enduring another filibuster their home has been searched and they

VerDate Aug 31 2005 02:00 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.030 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1336 CONGRESSIONAL RECORD — SENATE February 15, 2006 do not get notice after the fact that Mr. FEINGOLD. I spoke at some days the Government of the United somebody came into their house when length this morning about this issue States of America can come into your they were not there. So again, the ar- which I call the numbers game on the home without telling you they have gument is entirely unrelated to the sneak and peek. Of course, the sneak- been there, even if they have made a concern. and-peek provision is not my only con- mistake, and they have no responsi- The concerns we have raised are im- cern. There are four or five areas. But bility to tell a completely innocent portant, but they are limited. I am I am very concerned about the length person they made a mistake, to me is going to insist in this debate that we of time that somebody does not get no- serious business. debate the concerns that we have put tice that the FBI has come into their If the Senator could make a credible forward. home without their being aware of it argument as to why it is important for Finally, Mr. President, I am amused and the idea that somehow, after very the Government to have a whole month by the Senator talking about how we careful court decisions said there will after this 7-day period or 3 more weeks passed a bill in the Judiciary Com- be exceptions to the requirements of after the 7-day period, it would be one mittee by a unanimous vote. You bet the fourth amendment for perhaps 7 thing. But nobody has even made the we did. The Senator from Alabama days—that was the standard in the argument that it is important for the voted for it and I voted for it. The court decisions upon which these un- Government to have 30 days to conduct whole Senate did not oppose the bill. usual sneak-and-peek provisions were this search. It is essentially an unrea- Now every single thing I have advo- based—then to somehow have it be- sonable period of time. I think it is im- cated to change in the PATRIOT Act, come reasonable to have a whole portant. The erring here should be on in terms of the product of this body, is month, a 30-day period, strikes me as the side of people’s liberty. It should be what I am advocating today. The Sen- extreme. on the side of people protecting their ator is acting as if those are dangerous The 7-day standard was not picked homes from unreasonable searches and provisions. Well, he voted for them. He out of the air. The 7-day standard was seizures. It should not be: What is the voted for the stronger standard on 215. based on those court decisions which problem here? The Senator should be He voted for 7 days on the sneak-and- made the unusual law, in terms of our happy he got something better than peek provisions. So how can they be history as a country in the prohibition the House version. I don’t accept that, dangerous if the Senator from Alabama against unreasonable searches and sei- as somebody who believes the fourth actually voted for those provisions zures—the 7 days was based on those amendment still has meaning. with me in the Judiciary Committee? court decisions. So, yes, 30 days, four Mr. BYRD. Mr. President, will the These are not dangerous changes. times more, is unreasonable. Senator yield? These are not irresponsible changes. After the Government has come into Mr. FEINGOLD. I yield to the Sen- These are not changes that have any- somebody’s home and they have had 7 ator from West Virginia. thing to do with legitimate efforts to days, why is it that they should not Mr. BYRD. Would the Senator yield try to stop the terrorists. have to come back and get permission and let me make a few remarks? I so thank the Senator. I always to do that for a longer period of time? Mr. FEINGOLD. Absolutely. enjoy debating him. He is the one Sen- What is the need for the Government The PRESIDING OFFICER. Does the ator who has come down here and en- to have 30 days to not tell somebody to Senator yield his time? gaged on this today. I appreciate that. do that, when you remember that the Mr. FEINGOLD. I yield my time. But I wish the debate could be about Senate version you and I both voted for Mr. LEAHY. Mr. President, I don’t the questions that have arisen having had the 7-day period? want to interfere with the Senator. I to do with notice issues in sneak and Mr. SESSIONS. Well, we all don’t get see quite a few pages of remarks there. peek, whether there is going to be a exactly what we want, I say to the Sen- I don’t want to interfere with that, but stronger provision on national security ator, No. 1. I understood the Senator from Virginia letters, whether there is going to be a No. 2, under current law, the so- and the Senator from Arkansas were provision on library business records to called sneak-and-peek search by which going to introduce legislation, to be make sure it is tied to terrorists. The you can, if you are investigating a followed by remarks of mine on the bill only reason I am doing this has to do major criminal enterprise or a terrorist before us in my capacity as the rank- with those kinds of provisions, not the group, actually conduct a search with- ing member of the Senate Judiciary issues the Senator from Alabama out actually telling the person the day Committee, which has jurisdiction over raised on which I happen to, in large you conducted it, the courts allow you this piece of legislation. My remarks part, agree. as much time as they choose to allow will only be 5 or 6 minutes, but I wish Mr. SESSIONS. If the Senator will you, for the most part. Some courts to make them now or as soon as the yield, I have talked about the details of may have said 7 days. I am not aware Senators from Virginia and Arkansas this bill and individual complaints the at all that is the law in this country. It have finished. Senator has about this or that provi- is what the judge says. This sets the Mr. WARNER. Mr. President, there sion in some detail. I will do so again. standard. It says 30 days, and then they had been an informal agreement among At this point, what we are facing is a have to be repeated after that. colleagues, subject to the Senator who filibuster of the motion to proceed that We have a bill on the floor that is a is principally on the floor at this point impacts the entire legislation. matter of life and death. I would ask in time—and I will let him speak for I would ask the Senator if the Sen- my colleague to be somewhat more himself—that we were going to intro- ator remembers that when the bill amenable to the fact that he won a duce a bill. It would take 4 or 5 min- came out of the Senate, it said there pretty good victory in conference but utes for my remarks and 4 or 5 for the would be a 7-day notice if there were a just didn’t get everything he wanted in Senator from Arkansas. We were in- sneak-and-peek search warrant. The conference by going from the House tending to do that at the conclusion of House bill had 180 days before notice version of 180 down to 30. the colloquy between Senators FEIN- would be given. The conferees moved Mr. FEINGOLD. Mr. President, I GOLD and SESSIONS. far to the side of the Senate and made could say: Gee, it went from 180 to 30. Am I correct on that, the Senator it a 30-day notice. Is that the basis of I could tell my constituents in had indicated that we could proceed? the Senator’s desire to filibuster this Spooner, WI: Look, the Government is Mr. FEINGOLD. Certainly, I had no entire bill, the difference between 7 and going to come into your home under a objection to that. 30 days, recognizing in this body we special circumstance when you are not The PRESIDING OFFICER. There is seldom get anything exactly as we around, and it might not have even no recognized time agreement by the want it? been the right house, and we are mak- Chair at this time. Mr. FEINGOLD. Mr. President, if the ing this exception for 7 days because of Mr. WARNER. Then I make a unani- Senator is asking me a question, I am emergencies in important situations. mous consent request that the Senator happy to respond. You and I both agree in certain cir- from Arkansas and I have 15 minutes The PRESIDING OFFICER. The Sen- cumstances that might occur. But the equally divided, to be followed by Sen- ator from Wisconsin controls the time. idea that for a whole month, that for 30 ator LEAHY for such time as he may

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.031 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1337 need and then the distinguished Sen- will be a start. We need the whole this particular ‘‘program’’ is limited ator from West Virginia. truth not self-serving rationalizations. because they were afraid of public out- The PRESIDING OFFICER. Is there Since our hearing the Bush administra- rage. The Attorney General said as objection to the unanimous consent re- tion has had to adjust its course. That much to Senator KOHL and confirmed quest? is good. They have had to acknowledge to Senator BIDEN that the Bush admin- Mr. BYRD. Mr. President, reserving that they cannot simply ignore Con- istration does not suggest that the the right to object—I do not intend to gress and keep us in the dark about President’s powers are limited by the object—I need to complete my remarks this illegal spying program. The classi- Constitution to foreign calls. Their de- by 4:35. I have about 20 minutes here. fied briefings of the Intelligence Com- scriptions of the President’s program Mr. WARNER. Then I revise the re- mittees are a first step but cannot be seem to have more to do with public re- quest. The Senator from Arkansas and used to cover up the facts through se- lations than anything else. It was even I can drop to, say, 10 minutes, and 5 crecy and arbitrary limitations. That branded with a new name in the last minutes for the Senator from Vermont. is unacceptable. This domestic spying few days after it has been known for Well, let’s drop it down to 8 min- program has raised serious concern, years as simply ‘‘the President’s pro- utes—— not only among Democrats and Repub- gram.’’ Mr. LEAHY. I would need about 6 licans here in Congress, but also among Senator FEINSTEIN was right to ob- minutes. And that is cutting down a the Federal judges providing oversight serve after the Attorney General half-hour speech to accommodate the over terrorist surveillance and even dodged and weaved and would not di- Senator from West Virginia, but I have high-ranking Justice Department offi- rectly answer her questions: ‘‘I can been here for a couple hours ready to cials. only believe—and this is my honest give this speech. I commend Chairman SPECTER for be- view—that this program is much bigger Mr. BYRD. Mr. President, I have ginning this investigation. He and I and much broader than you want any- waited many hours here many times. I have a long history of conducting vig- one to know.’’ The Attorney General’s never make a fuss about it. I will just orous bipartisan oversight investiga- strenuous efforts to limit the hearing leave the floor and—— tions. If the Senate is to serve its con- to ‘‘those facts the President has pub- Mr. WARNER. Mr. President, before stitutional role as a real check on the licly confirmed’’ and ‘‘the program the Senator leaves, what amount of Executive, thoroughgoing oversight is that I am here testifying about today’’ time would the senior Senator from essential. Today, Chairman SPECTER suggest that all of us must be skeptical West Virginia like? has announced a second Judiciary about the secret games the Attorney Mr. BYRD. I have 61 pages, large Committee hearing will be held on Feb- General was playing through control- type. But that will take about 20 min- ruary 28. We expect by then to have re- ling the definition of ‘‘the program’’ to utes—15, I think. ceived answers to the written questions include only what he understood to Mr. LEAHY. I have 5 or 6 pages of that have already been sent to the At- exist at the beginning of last week. large type. torney General. Senator FEINSTEIN was not fooled. Mr. BYRD. My problem is, I need to The question facing us is not whether None of us should be. Such limiting get through by 4:30 or 4:35. the Government should have all the definitions are what the Bush Adminis- Mr. WARNER. Mr. President, I would tools it needs to protect the American tration used to redefine ‘‘torture’’ in suggest to my distinguished colleague people. Of course it should. The ter- order to say that we do not engage in from Arkansas, recognizing that Sen- rorist threat to America’s security re- ‘‘torture’’ as they redefined it. These ator BYRD has an extenuating cir- mains very real, and it is vital that we are the word games of coverup and de- cumstance he has to take care of, I be armed with the tools needed to pro- ception. It is not al-Qaida surprised would be perfectly willing to step aside tect Americans’ security. That is why I that our Government eavesdrops on its and regain into the queue following the coauthored the PATRIOT Act 5 years telephone calls and emails. Al-Qaida Senator. ago. That is why we have amended the knows that we eavesdrop and wiretap. Mr. BYRD. The Senator is more than Foreign Intelligence Surveillance Act It is the American people who are sur- generous and more than kind. five times since 9/11 to provide more prised and deceived by the President’s Mr. LEAHY. The understanding is flexibility. program of secret surveillance on them that I will be done by 4:15 to accommo- And that is why within days of the without a judge’s approval for the last date the Senator from West Virginia. despicable attacks we passed the Au- 5 years—especially, after the Attorney Mr. FEINGOLD. Mr. President, re- thorization for the Use of Military General, the Justice Department, the serving the right to object, I ask to be Force on September 14, 2001, to send head of the NSA and the President recognized at the completion of the the United States Armed Forces into have all reassured the American people Senator’s speech. Afghanistan to get those who planned over and over that their rights are The PRESIDING OFFICER. Without and carried out the vicious attacks on being respected—when they are not. objection, it is so ordered. September 11. I wish the President had effectively The Senator from Vermont is recog- We all agree that we should be wire- utilized the authority Congress did nized. tapping al-Qaida terrorists. Congress grant in the Authorization for the Use Mr. LEAHY. Mr. President, last has given the President authority to of Military Force in September 2001 to week, the Judiciary Committee held an wiretap legally, with checks to guard get Osama bin Laden and those respon- important hearing. That hearing against abuses when Americans’ con- sible for the terrible attacks on Sep- should be the beginning of the process versations and email are being mon- tember 11. That resolution was what it of congressional oversight into what itored. But instead, the President has said it was, authorization to send has been called ‘‘the President’s pro- chosen to proceed outside the law, troops to Afghanistan to get those re- gram.’’ This is a domestic spying pro- without those safeguards. He has done sponsible for 9/11. President Bush gram into emails and telephone calls of so in a way that is illegal and illogical. should have gotten Osama bin Laden Americans without a judge’s approval, It remains confusing that the Attorney when Congress authorized him to use apparently conducted by the National General testified last week that the our military might against al-Qaida in Security Agency. Having participated Bush administration has limited ‘‘the 2001 in Afghanistan. Instead of pur- in the hearing and reviewed the tran- President’s program’’ of illegal wire suing him to the end, he pulled our script of the Attorney General’s testi- taps to calls with an international best forces out of the fight and diverted mony, I understand the fear that this component. them to preparing for his invasion of administration is engaged in an elabo- The administration’s rationale is not Iraq. rate cover-up of illegality. I urge them limited to calls and emails with an Last week the Attorney General left to come clean with us and the Amer- international component or to know key questions unanswered and left im- ican people. al-Qaida operatives. pressions that are chilling. Under his Perhaps their recent change of course It sounded at our hearing as if what approach, there is no limit to the and briefings with the full Intelligence the Bush Attorney General and former power the President could claim for so Committees of the Senate and House White House counsel was saying is that long as we face a threat of terrorism.

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.033 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1338 CONGRESSIONAL RECORD — SENATE February 15, 2006 That is a real threat, which we have aged for public consumption in their trays those principles and it is unac- long faced and will continue to face for current public relations campaign? ceptable. years if not decades toe. The Attorney Now that we know of the existence of What happens to the rule of law if General’s testimony only hinted at the the years-old secret domestic spying those in power abuse it and only adhere full dimensions of the Bush administra- program that included the warrantless to it selectively? What happens to our tion’s illegality. He would not reassure wiretapping of thousands of Americans, liberties when the government decides us that Americans’ domestic calls, the Bush administration says that we it would rather not follow the rules de- emails, or first class mail have not should just trust them. That is a blind signed to protect our rights? What hap- been illegally spied upon. trust this administration has not pens is that the terrorists are allowed He sought to choose his words care- earned. We have seen this administra- to achieve a victory they could never fully to say that he was only willing to tion’s infamous and short-lived ‘‘Total achieve on the battlefield. We must not speak about the President’s ‘‘program’’ Information Awareness’’ program and be intimidated into abandoning our as it existed that day. That means we know how disastrous the FBI’s Carni- fundamental values and treasured free- do not yet know the full dimensions of vore and Trilogy computer programs doms. We cannot let them scare us into the program as it has evolved over have been. giving up what defines us as Ameri- time from 2001 to today. That means I have read recent reports of a secret cans. we do not know what other illegal ac- Pentagon database containing informa- There can be no accountability un- tivities the Bush administration is still tion on a wide cross-section of ordinary less the Republican Congress begins to endeavoring to hide from us. Americans, including Quakers meeting do its job and joins with us to demand Along with other Senators I asked in Florida and Vermont, and have got- real oversight and real answers. Sen- about the lack of any limit to the legal ten no satisfactory explanation of the ators take an oath of office, too. We rationale the Bush administration has Defense Department’s Counterintel- swear to support and defend the Con- embraced. Their rationalization for ligence Field Activities that spy on stitution of the United States, to bear their actions is rationalization for any law-abiding Americans. I read about a true faith and allegiance to it, and to action. Under their view of the Presi- secret Homeland Security database and faithfully discharge our duties so help dent’s power, he can order houses and datamining activities, as well. Today us God. Let each Senator fulfill that businesses searched without a warrant. we read about another database with pledge and the Senate can resume its Americans can be detained indefi- the names of more than 325,000 terror- intended place in our democracy. Let us protect our national security nitely. Detainees can be tortured. ists but we do not know how many are and the national heritage of liberty for Property could be seized. Their ration- Americans, how many are listed incor- al is a prescription for lawlessness and which so many have given so much. rectly or how the mistakes will be cor- The PRESIDING OFFICER. The Sen- the opposite of the rule of law. rected. Regrettably, the Attorney General’s ator from West Virginia is recognized. There are new and disturbing reports Mr. BYRD. Mr. President, I thank testimony last week left much to be that the Defense Department and the the distinguished Senator from desired. He did not provide convincing FBI have been monitoring U.S. advo- Vermont for his characteristic kind- answers to basic questions, relevant in- cacy groups working on behalf of civil ness and courtesy. I thank the distin- formation or the relevant underlying rights or against the continuing occu- guished Senator who has been alone in documents. Facts are a dangerous pation of Iraq. opposing this act in the beginning, at a thing in a coverup. They are seeking to This is all too reminiscent of the time when I wish I had voted as he did. rewrite history and the law and control dark days when a Republican President In June 2004, 10 peace activists out- the facts that Congress can know. compiled enemies lists and side of Halliburton, Inc., in Houston The Bush administration refusal to eavesdropped on political opponents gathered to protest the company’s war provide the contemporaneous evidence and broke into doctors offices and used profiteering. They wore paper hats and of what the Congress and the Bush ad- the vast power of the executive branch were handing out peanut butter and ministration were indicating to each to violate the constitutional rights of jelly sandwiches, calling attention to other regarding what the Authoriza- Americans. That President resigned in Halliburton’s overcharging on a food tion for the Use of Military Force was disgrace after articles of impeachment contract for American troops in Iraq. intended to mean, speaks volumes. were reported in the House of Rep- Unbeknownst to them, they were Does anyone think that if they had any resentatives. being watched. U.S. Army personnel at evidence in support of their after-the- I was first elected to the Senate in the top secret Counterintelligence fact rationalization they would hesi- the aftermath of Watergate and the Field Activity, or CIFA, saw the pro- tate to provide it, to trumpet it from White House ‘‘plumbers’’ and the ille- test as a potential threat to national the highest media mountain? Of course gality that led to the impeachment in- security. not. quiry of President Nixon. The Foreign CIFA was created 3 years ago by the Their failure to provide the informa- Intelligence Surveillance Act was Defense Department. Its official role is tion we asked for is not based on any passed in 1978 as part of the reform and forced protection; that is, tracking claim of privilege, nor could it be. It is reaction to those abuses. It was en- threat and terrorist plots against mili- just a deafening, damning silence. So acted after decades of abuses by the tary installations and personnel inside what is so secret about precisely when Executive, including the wiretapping of the United States. In 2003, then Deputy they came to this legal view, this ra- Dr. Martin Luther King, Jr., and other Defense Secretary Paul Wolfowitz au- tionalization of their conduct? Could it political opponents of earlier Govern- thorized a fact-gathering operation have come after the illegal conduct had ment officials. code named TALON, which stands for been initiated? Could it have come It was enacted after the White House Threat and Local Observation Notice, after the President sought to immunize ‘‘horrors’’ of the Nixon years, during which would collect raw information and sanitize the illegal conduct? Could which another President asserted that about suspicious incidents and feed it it have come months or years later whatever he did was legal because he to CIFA. than the impression Attorney General was the President. The law has been In the case of the ‘‘peanut butter’’ Gonzales is attempting to create? Is extensively updated in accordance with demonstration, the Army wrote a re- that why the Bush administration is the Bush administration’s requests in port on the activity and stored it also refusing to provide to us the for- the aftermath of 9/11 and has been where? In its files. Newsweek magazine mal legal opinions of our Government, modified further in the last 4 years. It has reported that some TALON reports the binding opinions of the Office of is the governing law. The rule of law may have contained information on Legal Counsel from 2001 and 2004 that and freedoms we enjoy as Americans U.S. citizens that has been retained in we have also requested? Would review are principles upon which this Nation Pentagon files. A senior Pentagon offi- of those opinions show that the after- was founded and what we are defending cial has admitted that the names of the-fact legal rationalizations changed and fighting for abroad. This type of these U.S. citizens could number in the over time and in 2001 were not those covert spying on American citizens and thousands. Is this where we are head- that the Attorney General has repack- targeted groups on American soil be- ing? Is this where we are heading in

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.007 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1339 this land of the free? Are secret Gov- can spy on any citizen is very unlike What about the first amendment? ernment programs that spy on Amer- the model of democracy the adminis- What about the chilling effect that ican citizens proliferating? The ques- tration is trying to sell abroad. warrantless eavesdropping is already tion is not, is Big Brother watching? In the name of ‘‘fighting terror,’’ are having on those law-abiding American The question is, how many big brothers we to sacrifice every freedom to a citizens who may not support the war have we? President’s demand? How far are we to in Iraq, or who may simply commu- Ever since the New York Times re- go? Can a President order warrantless, nicate with friends or relatives over- vealed that President George W. Bush house-to-house searches of a neighbor- seas? Eventually, the feeling that no has personally authorized surveillance hood where he suspects a terrorist may conversation is private will cause per- of American citizens without obtaining be hiding? Can he impose new restric- fectly innocent people to think care- a warrant, I have become increasingly tions on what can be printed, what can fully before they candidly express opin- concerned about dangers to the peo- be broadcast, what can be uttered pri- ions or even say something in jest. ple’s liberty. I believe that both cur- vately because of some perceived Already we have heard suggestions rent law and the Constitution may threat—perceived by him—to national that freedom of the press should be have been violated, not just once, not security? Laughable thoughts? I think subject to new restrictions. Who among twice, but many times, and in ways not. us can feel comfortable knowing that This administration has so trauma- that the Congress and the American the National Security Agency has been tized the people of this Nation, and people may never know because of this operating with an expansive view of its many in the Congress, that some will White House and its penchant for con- role since 2001, forwarding wholesale swallow whole whatever rubbish that is trol and secrecy. information from foreign intelligence spewed from this White House, as long communication intercepts involving We cannot continue to claim we are a as it is in some tenuous way connected nation of laws and not of men if our to the so-called war on terror. And the American citizens, including the names laws, and indeed even the Constitution phrase ‘‘war on terror,’’ while catchy, of individuals to the FBI, in a depar- of the United States itself, may be certainly is a misnomer. Terror is a ture from past practices, and tapping summarily breached because of some tactic used by all manner of violent or- some of the country’s main tele- determination of expediency or because ganizations to achieve their goal. This communication arteries in order to the President says, ‘‘Trust me.’’ has been around since time began and trace and analyze information? The Fourth Amendment reads clear- will likely be with us until the last day The administration could have come ly: of planet Earth. to Congress to address any aspects of The right of the people to be secure in We were attacked by bin Laden and the FISA law in the revised PATRIOT their persons, houses, papers, and effects, by his organization, al-Qaida. If any- Act which the administration pro- against unreasonable searches and seizures thing, what we are engaged in should posed, but they did not, probably be- shall not be violated, and no warrants shall more properly be called a war on the cause they wished the completely un- issue, but upon probable cause, supported by al-Qaida network. But that is too lim- fettered power to do whatever they oath or affirmation, and particularly de- pleased, the laws and the Constitution scribing the place to be searched, and the iting for an administration that loves persons or things to be seized. power as much as this one. A war on be damned. I plead with the American public to The Congress has already granted the the al-Qaida network might conceiv- ably be over someday. A war on the al- tune in to what is happening in this executive branch rather extraordinary country. Please forget the political authority with changes in the Foreign Qaida network might have achievable, measurable objectives, and it would be party with which you may usually be Intelligence Surveillance Act that associated and, instead, think about allow the Government 72 hours after less able to be used as a rationale for almost any Government action. It the right of due process, the presump- surveillance has begun to apply for a would be harder to periodically trau- tion of innocence, and the right to a warrant. If this surveillance program is matize the U.S. public, thereby justi- private life. Forget the now tired polit- what the President says it is, a pro- fying a reason for stamping ‘‘secret’’ ical spin that if one does not support gram to eavesdrop upon known terror- on far too many Government programs warrantless spying, then one may be ists in other countries who are con- and activities. less than patriotic. versing with Americans, then there Why hasn’t Congress been thoroughly Focus on what is happening to truth should be no difficulty in obtaining a briefed on the President’s secret eaves- in this country and then read President warrant within 72 hours. One might be dropping program, or on other secret Bush’s statement to a Buffalo, NY, au- tempted to suspect that the real reason domestic monitoring programs run by dience on April 24, 2004: the President authorized warrantless the Pentagon or other Government en- Any time you hear the United States Gov- surveillance is because there is no need tities? Is it because keeping official se- ernment talking about wiretap, it requires— to have to bother with the inconven- crets prevents annoying congressional a wiretap requires a court order. Nothing has iences of probable cause. Without prob- oversight? Revealing this program in changed, by the way. When we are talking able cause as a condition of spying on its entirety to too many Members of about chasing down terrorists, we are talk- American citizens, the National Secu- Congress could certainly have un- ing about getting a court order before we do so. rity Agency could, and can, under this masked its probable illegality at a President’s direction, spy on anyone, much earlier date, and may have al- That statement is false, and the and for any reason. lowed Members of Congress to pry in- President knew it was false when he How do you like that? How about formation out of the White House that made it because he had authorized the that? We have only the President’s the Senate Judiciary Committee could Government to wiretap without a court word, his ‘‘trust me,’’ to protect the not pry out of Attorney General order shortly after the 2001 attacks. privacy of the law-abiding citizens of Gonzales, who seemed generally con- This President, in my judgment, may this country. One must be especially fused about for whom he works—the have broken the law and most cer- wary of an administration that seems public or his old boss, the President. tainly has violated the spirit of the to feel that what it judges to be a good Attorney General Gonzales refused to Constitution and the public trust. end always justifies any means. It is, in divulge whether purely domestic com- Yet I hear strange comments coming fact, not only illegal under our system, munications have also been caught up from some Members of Congress to the but it is morally reprehensible to spy in this warrantless surveillance, and he effect that, well, if the President has on citizens without probable cause of refused to assure the Senate Judiciary broken the law, let’s just change the wrongdoing. Committee and the American public law. That is tantamount to saying that When such practices are sanctioned that the administration has not delib- whatever the President does is legal, by our own President, what is the mes- erately tapped Americans’ telephone and the last time we heard that claim sage we are sending to other countries calls and computers or searched their was from the White House of Richard that the United States is trying to con- homes without warrants. Nor would he M. Nixon. Congress must rise to the oc- vince to adopt our system? It must be reveal whether even a single arrest has casion and demand answers to the seri- painfully obvious that a President who resulted from the program. ous questions surrounding warrantless

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.034 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1340 CONGRESSIONAL RECORD — SENATE February 15, 2006 spying. And Congress must stop being the conclusion of the remarks of the was being fixed, the pharmacists spooked by false charges that unless it Senator from Virginia and the Senator should go ahead and give people their goes along in blind obedience with from Arkansas. medicines for the first 30 days. In many every outrageous violation of the sepa- The PRESIDING OFFICER. Without cases, States have stepped in to try to ration of powers, it is soft on ter- objection, it is so ordered. continue to help our seniors to get the rorism. Perhaps we can take courage The Senator from Virginia is recog- life-saving medicine they desperately from the American Bar Association nized. need while all of this gets figured out. which, on Monday, February 13, de- Mr. WARNER. I thank the Chair. At the end of 30 days, it wasn’t fig- nounced President Bush’s warrantless (The remarks of Mr. WARNER and Mr. ured out. That was the end of January. surveillance and expressed the view PRYOR pertaining to the introduction Here we are now on February 15, and that he had exceeded his constitutional of S. 2290 are printed in today’s RECORD we are into a 2-month extension, a 60- powers. under ‘‘Statements on Introduced Bills day extension to try to figure out this There is a need for a thorough inves- and Joint Resolutions.’’) mess for our seniors. tigation of all of our domestic spying Mr. FEINGOLD. Mr. President, I sug- Pharmacists are told to continue giv- programs. We have to know what is gest the absence of a quorum. ing people their medicine. Of course, it being done by whom and to whom. We The PRESIDING OFFICER. The is the right thing to do. People should need to know if the Federal Intel- clerk will call the roll. not be losing their medicine. But now I ligence Surveillance Act has been The bill clerk proceeded to call the am getting calls from pharmacists who breached and if the Constitutional roll. are deeply concerned because they are rights of thousands of Americans have Ms. STABENOW. Mr. President, I ask trying to decide whether their small been violated without cause. The ques- unanimous consent that the order for family-owned pharmacy, for example, tion is: Can the Congress, under con- the quorum call be rescinded. will be able to continue to pay its own trol of the President’s political party, The PRESIDING OFFICER. Without bills without reimbursement or they conduct the type of thorough, far-rang- objection, it is so ordered. are going to have to choose whether to ing investigation which is necessary. It The Senator from Michigan is recog- help the people in the community they is absolutely essential that Congress nized. care about, whom they were set up to try because it is vital to at least at- PRESCRIPTION DRUGS serve, and want to serve and are serv- tempt the proper restoration of the Ms. STABENOW. Mr. President, I ing. checks and balances. Unfortunately, in came to the Senate back in 2001 fo- The question is, What is going to a Congressional election year, the ef- cused in part on lowering the cost of happen? Are the pharmacies going to fort will most likely be seriously ham- prescription drugs and the importance get paid? Are the States going to get pered by politics. In fact, today’s Wash- of making sure every American senior, reimbursed? What happens to the sen- ington Post reports that an all-out every person with disabilities on Medi- iors at the end of March? Are we going White House lobbying campaign has care, had the opportunity to receive to see another 30 days or another 60 dramatically slowed the congressional their medicine through the Medicare days because of a failed system that is probe of NSA spying and may kill it. system, which has been so very suc- confusing? We need to fix this, and it I want to know how many Americans cessful. We had a lot of work, a lot of can be fixed. have been spied upon. Yes, I want to effort go back and forth on the Medi- On this side of the aisle, Senator JAY know how it is determined which indi- care bill as time went on, related to ROCKEFELLER has legislation many of viduals are monitored and who makes Medicare Part B, and it changed from us cosponsored to make sure that such determinations. Yes, I want to being about our seniors to being about States are reimbursed. We need to know if the telecommunications indus- what was best for those in the indus- make sure those who are providing the try is involved in a massive screening try, particularly the pharmaceutical medicines now will get this worked out of the domestic telephone calls of ordi- industry. We began to see a bill that and will be reimbursed. nary Americans like you and me. I was written, in fact, for the industry We also have another series of issues want to know if the U.S. Post Office is rather than for our seniors. that need to be addressed with this sys- involved. I want to know, and the I stand here this evening calling on tem. People have until May 15, 3 American people deserve to know, if my colleagues to join with us on this months from today, to decide whether the law has been broken and the Con- side of the aisle to fix this, to get it they are going to sign up to be a part stitution has been breached. right for people. We have a Medicare of the Medicare system in terms of Historian Lord Acton once observed prescription drug plan that has been their prescription drugs and wade that: adopted that costs twice as much for through all of this. In Michigan, there Everything secret degenerates, even the the American taxpayer as it should, are about 65 plans. God bless them if administration of justice; nothing is safe much more for most seniors than it they can get through it, or their chil- that does not show how it can bear discus- should, and provides less in options and sion and publicity. dren or friends can help them get less in medicines than it should. It through all of this and figure out the The culture of secrecy, which has makes no sense to continue with some- plan they are going to be on. But once deepened since the attacks on Sep- thing which is so confusing, with the they figure it out, they are locked into tember 11, has presented this Nation cost gaps, which does not allow our the plan after May 15 for a year. with an awful dilemma. In order to pro- poorest seniors to get the medicines Shockingly, the people they sign up tect this open society, are we to believe they need or, if they do, they are pay- with aren’t locked into the same agree- that measures must be taken that in ing more than they did last year. It ment for a year. The drug companies insidious and unconstitutional ways makes no sense. can change what is covered. They don’t close it down? I believe that the answer We stand here getting ready to go on have to cover the plan. must be an emphatic ‘‘no.’’ a recess next week without having If my mother has worked through a I yield the floor. Mr. President, I suggest the absence fixed the basics of what is wrong with plan that covers four medicines, for ex- of a quorum. this program. We know that at the be- ample, after May 15 if they decide they The PRESIDING OFFICER. The ginning of January, our poorest seniors will only cover two, or maybe they de- clerk will call the roll. on Medicaid were switched over to the cide not to cover any of them, that is The assistant legislative clerk pro- Medicare Program. But too much of OK under the current system. It is not ceeded to call the roll. the time the computers didn’t work, OK for the American people. It is not Mr. WARNER. Mr. President, I ask the pharmacists did not have records in OK for people who are counting on us unanimous consent that the order for the system, and seniors didn’t know to have a plan that works. the quorum call be dispensed with. what plans they were in. They were ar- What if they want to raise the price? The PRESIDING OFFICER. Without bitrarily put into a plan that may not You lock into a system, looks like a objection, it is so ordered. cover their medicines today or costs good deal, figure out the premium that Mr. FEINGOLD. Mr. President, I ask much more than it should. We saw the works for you, figure out the copay, unanimous consent to be recognized at administration indicate that while this what is covered, after May 15 you are

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.044 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1341 locked in for a year. But the plan could have to sign up for a plan and be locked This is the United States of America. change the price, and it could change it in for a year, but the people on the We can do better than that. We can do every day, if they wanted to. That is other side providing the benefit, get- better than a Medicare bill that costs outrageous, absolutely outrageous. ting the premium and the copay, don’t too much and provides too little and A colleague of mine, Senator BILL have to have prices that are locked in does not put Americans first. We can NELSON, introduced a bill I am cospon- for a year or the range of medicines do better than that. soring with others to extend that May they will cover locked in for a year? My colleagues on this side of the 15 date to the end of the year to at When you look at what happened, un- aisle stand ready and are going to least give people a year to figure out fortunately, this is the legislative proc- speak out every single day to create a what is going on. ess at its worst. Unfortunately, for sense of urgency about getting this But in addition to that, we need to somebody who came here wanting des- done. We need to work together. say once somebody is locked into a perately to make sure that we are pro- Things only happen when we work to- plan, everybody is locked in. You can’t viding low-cost medicine for everybody gether on a bipartisan basis. We need say I am obligated or my mother is ob- through various means but certainly to do that. But we cannot let another ligated to pay a monthly premium and for our seniors, this was an extremely month or two go by without having a copay on a plan they sign up for but disturbing process that occurred that fixed the things that are right in front the other side can change the contract, resulted in this new law. of us. We can’t let time go by and not change the price, and no longer cover The reality is while we were negoti- have dealt with the issues that lock the medicine. That is outrageous. It ating on the Senate floor, the head of people into a system that can raise makes absolutely no sense whatsoever. the Centers for Medicare and Medicaid their prices and take away their medi- I have an example of a gentleman was at the same time negotiating him- cine while they have to continue to with MS who called my office a couple self a job with a pharmaceutical indus- pay. That is outrageous. of weeks ago. He worked through all of try. We now know that at least 10 peo- There is a better way to do this the plans and made a determination on ple from the administration working in through Medicare. That is the way it a plan that would cost him $50 a month Medicare and Medicaid have now gone should have been done from the very for his medicine. He got ready to go to out to work with the industry. We also beginning. There is absolutely no rea- the pharmacy and thought he would know that in the House, one of the son we can’t go back and get this right. call to make sure the price he had was committee chairs, at the same time he I hope everyone who cares about this right. He called and found out that, no, was negotiating this bill, was negoti- issue will be speaking out, will do ev- that has been changed now. It is over ating a salary for himself of $2.5 mil- erything they can to raise this issue $500. He is fortunate because he could lion to go to work for PhRMA, which is and call on us to act and get this right. and did drop that plan because it is not a lobbying arm for the brandname This is not the finest hour of this Con- May 15. If that were after May 15, this pharmaceutical industry. That is out- gress or this administration. We can do gentleman with MS would be locked rageous. When we talk about reform, much better than what has been done. I am going to continue to do every- into a plan costing him over $500 for when we talk about what needs to be thing in my power to both fix this in something he thought he was getting done here, we need to start with that. the short run for people and then make for $50. Who in their right mind would That is the kind of thing that, in fact, we address in our honest government sure we have a real prescription drug say that is OK? We can do better than bill that has been passed and submitted benefit for people as we go forward. that. We have to do better for our sen- by the Democrats in the Senate. We Medicine isn’t a frill. This is about life iors and for the people with disabil- need to deal with that. and death for too many people. We ities. But the reality is we have a bill that To add insult to injury, we have a need to go back and get this right. I am was written for the interests of people situation where negotiating for group hopeful that, working together, we in the industry, not for seniors and the prices is actually prohibited in this will. disabled in this country, and not for Thank you, Mr. President. new Medicare bill. How does that make the taxpayers either. I suggest the absence of a quorum. any sense at all? You are talking about When you lock in the biggest prices The PRESIDING OFFICER. The over 31 million people on Medicare. possible, you are not looking out for clerk will call the roll. That would be a pretty good group dis- taxpayers’ interests any more than The bill clerk proceeded to call the count if they were negotiating together looking out for the interests of seniors roll. for a group discount. But that is pro- or the disabled. This needs to be fixed. Mr. COBURN. I ask unanimous con- hibited. So we are locking in the high- There needs to be a sense of urgency sent that the order for the quorum call est possible prices. The taxpayers are about this. be rescinded. paying more, the seniors are paying I know at home there is an outrage The PRESIDING OFFICER. Without more, and people with disabilities are about this. This needs to be fixed. objection, it is so ordered. paying more because they are not al- There are those potentially who can be Mr. COBURN. Mr. President, I want lowed to do group pricing. helped by this bill. I hope everybody to speak a few minutes after hearing The VA, on behalf of veterans, who can receive assistance under this the Senator from Michigan. I thought, doesn’t pay top dollar. They get about new benefit will be able to wade first of all, her accusations have to be a 40-percent discount. That makes through the bureaucracy and figure out answered. First of all, she made a fair- sense. There is no reason why that or have somebody help them get some ly serious charge on a friend of mine, should not be happening here with a help for themselves. Every day, there is the Congressman from Pennsylvania, plan that in fact is written for seniors a sense of urgency for people, but we Bucks County, Jim Greenwood, and im- and the disabled. have to fix this overall. plied that not only was his vote and his What happened? What happened when In my book, we need to start over work in trying to secure prescription people didn’t get the choices they and get this right and decide we are drugs for seniors part of a deal with the wanted, which is the one I am advo- going to worry about the person right pharmaceutical industry, which I think cating for, which is a real benefit to now, at almost 7 o’clock tonight, on a there is no foundation for whatever, Medicare—sign up, go to your phar- Wednesday night, who has probably and I believe it also probably is in very macy, know what your prices are, like had dinner already and is sitting down poor taste for this Senate to start Medicare. What happened? Why didn’t maybe deciding what medicine they hanging out people who have left and that plan get enacted instead of this take tonight—or do I have my pills for demeaning their name on the basis of privatized approach forcing people to tomorrow? Do I cut them in half so whom they go to work for. If we count- go through private insurance compa- they will last longer? Maybe I can take ed on both sides, we would find plenty nies or HMOs to get the help they them every other day. Maybe I am a of ammunition to do that. I think that need? How did that happen? How did it wife whose husband takes the same is probably not the decorum of the Sen- happen that Medicare is stopped from blood pressure medicine and can share, ate. I hope we will not hear that again. negotiating the best deal? How did that even though it is dangerous for your I have lots of differences with former happen? How did it happen that seniors health to do that. Congressman Greenwood in terms of

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It scionable. formation and for review of the way is to strengthen the meaning and en- No. 2, the Senator from Michigan did they were implementing the statute. sure proper implementation of this pro- run a campaign on lowering prescrip- The sunsets were the reason we have vision that I will support this bill. As a tion drugs. Her campaign was increased been going through a review and re- supporter, I trust my intent will in- competition and reimportation, as well newal process over the last few form those charged with implementing as Government control of every aspect months. Now the challenge to Congress the bill and reviewing its proper imple- of the pharmaceutical industry to is to provide the effective oversight mentation. lower the prices. that will be needed in the days ahead It is regrettable that the Bush ad- The program this country has I and to ensure that there is effective ministration would not engage all of us would not have supported. I do not be- court review of actions that affect the in a bipartisan conversation on ways lieve it is the Government’s role for us rights of Americans. we could improve the bill. The White to supply to seniors in this country, Several specific provisions of this bill House Counsel only spoke to the Re- but this program will supply drugs at reflect modest improvement over both publican Senators. In that setting, half the cost of what most seniors who the original PATRIOT Act and the re- they negotiated to achieve what they have been paying for their prescription authorization proposal initially pro- viewed as improvements. It is less than drugs pay. To scare seniors into think- duced by the House-Senate conference. we would have liked. I know that the ing they have a prescription drug pro- It is with these improvements in mind Republican Senators who worked on this bill were well intentioned and I gram and they will not have one in 2 that I will support Senator SUNUNU’s commend their efforts. Regrettably, I months or 2 weeks or 6 months is the bill. note that one set of changes included type of tactic that undermines the in- These improvements, like those con- tained in the conference report, were in this bill I strongly oppose. tegrity of this Senate and is one of the The Bush administration has used hard won. The Bush administration reasons people in this country are los- the last round of discussions with Re- pursued its usual strategy of demand- ing confidence in elected representa- publican Senators to make the gag ing sweeping Executive powers and re- tives. Quite frankly, the difference is order provisions worse, in my view, by sisting checks and balances. As usual, going to be a lot of seniors today are forbidding any challenge for one year. it was short on bipartisan dialogue and having medicines they would not oth- The Bush administration has simply long on partisan rhetoric. And as erwise have. refused to listen to reason on this and usual, the Republican majorities in the I don’t like it, but it is understand- insists on this thumb on the scale of House and Senate did their utmost to able, and we must recognize any pro- justice. In addition, the bill continues follow the White House’s directives and gram of this magnitude, when it starts, and cements into law procedures that, is going to have trouble. They are hav- prevent any breakout of bipartisan- in my view, unfairly determine chal- ing far less problems now. The vast ma- ship. But a ray of bipartisanship did lenges to gag orders. The bill allows jority of people and the vast majority break out, and this reauthorization the Government to ensure itself of vic- of pharmacists are not having a prob- package is the better for it. tory by declaring that, in its view, dis- Senator SUNUNU’s bill modifies a pro- lem with the program. It will still have closure ‘‘may’’ endanger national secu- vision I objected to that would have re- some bugs for the next couple of rity or ‘‘may’’ interfere with diplo- quired American citizens to tell the months. It will get better every month. matic relations. This is the type of pro- FBI before they exercise their right as The goal of the program was to make vision to which I have never agreed in sure those people who were choosing Americans to seek the advice of coun- connection with national security let- between food and medicine did not sel. Chairman SPECTER and I worked ters or section 215 orders. It will serve have to make that choice. Even though together to correct this provision and to prevent meaningful judicial review I’m not a fan of this program, it is ac- Senator SUNUNU has improved it fur- of gag orders and, in my view, is wrong. complishing its goals. To scare seniors ther. I commend his efforts in this re- I will continue to work to improve with this tactic, to try to scare seniors gard. the PATRIOT Act. I will work to pro- into thinking something they have now Another important change provided vide better oversight of the use of na- will go away, is unconscionable and is by the Sununu bill builds upon another tional security letters and to remove beyond the decorum of the Senate. objection I had and an idea I shared the un-American restraints on mean- I yield the floor. with him to ensure that libraries en- ingful judicial review. I will seek to Mr. LEAHY. Mr. President, as one of gaged in their customary and tradi- monitor how sensitive personal infor- the authors of the original USA PA- tional activities not be subject to na- mation from medical files, gun stores, TRIOT Act, as someone who voted to tional security letters as Internet serv- and libraries are obtained, used, and re- reauthorize an improved version of the ice providers. This is a matter I first tained. While we have made some act back in July 2005, and as an Amer- raised and feel very strongly about. I progress, much is left to be done. ican concerned with our security, I am commend Senator SUNUNU for the In 2001, I fought for time to provide glad that we are making progress, but progress he has been able to make in some balance to Attorney General I have some misgivings about the bill this regard. The bill is intended to clar- Ashcroft’s demands that the Bush ad- being considered today. I will vote to ify that libraries as they traditionally ministration’s antiterrorism bill be en- proceed and hope there is an oppor- and currently function are not elec- acted in a week. We worked hard for 6 tunity to improve the bill and the PA- tronic service providers, and may not weeks to make that bill better and TRIOT Act reauthorization even fur- be served with NSLs for business were able to include the sunset provi- ther. records simply because they provide sions that contributed to reconsider- I believe that the PATRIOT Act pro- Internet access to their patrons. Under ation of several provisions over the last vides important and valuable tools for this clarification, a library may be several months. Last year I worked the protection of Americans from ter- served with an NSL only if it functions with Chairman SPECTER and all the rorism. These matters should be gov- as a true Internet service provider, as members of the Judiciary Committee erned by law and not by whim. Legisla- by providing services to persons lo- and the Senate to pass a reauthoriza- tive action should be the clear and un- cated outside the premises of the li- tion bill in July. As we proceeded into ambiguous legal footing for Govern- brary, but this is an unlikely scenario. the House-Senate conference on the ment powers. In most if not all cases, if the Govern- measure, the Bush administration and I am glad that the sunsets that Con- ment wants to review library records congressional Republicans locked gressman Armey and I insisted be in- for foreign intelligence purposes, it Democratic conferees out of their de- cluded in the 2001 act brought about re- will need a court order to do so. The liberations and wrote the final bill.

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.049 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1343 That was wrong. In December, working Mr. FRIST. Mr. President, I ask Democrats to appoint conferees on De- with a bipartisan group of Senators, we unanimous consent that the order for cember 15 of last year. I asked them to were able to urge reconsideration of the quorum call be rescinded. appoint conferees again, renewing that that final bill. Senators SUNUNU and The PRESIDING OFFICER. Without request on February 1. I have been in CRAIG were able to use that oppor- objection, it is so ordered. continued conversation and discussions tunity to make some improvements. I Mr. FRIST. Mr. President, we are at with the Democratic leadership. Again: commend them for what they were able a continuation of a sequence of events Not yet, postponement. We know the to achieve and hope that my support which has resulted in a lot of delay, a issues pertaining to the pensions bill. for their efforts has been helpful. I wish lot of postponement, really reflecting We can’t respond until we can get to that along the way the Bush adminis- these insufferable attempts to put off conference. The House is ready with tration had shown a similar interest in the Nation’s business with obstruction conferees, but we can’t go to con- working together to get to the best law and stalling. It is disturbing to me be- ference until we appoint conferees. Yet we could for the American people. cause we have so many issues to ad- once again, those names are not given. When the public’s security and liberty dress in securing America’s future, se- I have been in discussion with the interests are at stake, it seems espe- curing America’s future in terms of se- Democratic leader. I understand we cially prudent and compelling to me curity, securing America’s future when will be able to appoint conferees in the that every effort should be made to it comes to looking at health care next 24 hours or so. But it is the pat- proceed on a bipartisan basis toward issues, education issues, securing tern of postponement, delay, obstruc- constructive solutions. Instead, the America’s prosperity as we look at tion, and stopping the Nation’s busi- White House has chosen once again to competition and innovation and things ness that disturbs me. try to politicize the situation. we can do to invest in math and The asbestos bill, I said long ago that Since the conference was hijacked, I science education, and making us more we would spend this period on asbestos. have tried to get this measure back on competitive and creating jobs with re- We were forced by the other side of the the right track. We have been able to spect to China and India. aisle to file cloture on the motion to achieve some improvements, and that There are so many issues, many of proceed just to get on that bill, a bill is no small feat given the resistance by which were outlined by the President that does address victims who are suf- this White House to bipartisan sugges- of the United States in the State of the fering from asbestos-related disease tions. I regret that this bill is not bet- Union Address. Yet we are going and who are not being compensated ter and that the intransigence of the through this stall ball, which is re- fairly. We voted in favor of cloture 98 Bush administration has prevented a flected now on the PATRIOT Act, to 1. Then we had delayed consider- better balance and better protections where we have the PATRIOT Act reau- ation of the bill by 3 days by forcing for the American people. I will con- thorization being filibustered by the cloture, and then we had insistence on tinue to work to provide the tools that Democrats, which started in December a day of debate only—again, postpone- we need to protect the American peo- when we had a filibuster on the reau- ment. ple. I will continue to work to provide thorization, and the filibuster now on The Alito nomination ended up being the oversight and checks needed on the the motion to proceed. Now, with that successful; the advice and consent was use of Government power and will seek continued postponement and filibuster, carried out. But once again, there was to improve this reauthorization of the there is no way to complete this reau- a week delay beyond which we had PATRIOT Act. thorization of the PATRIOT Act before worked out a time line before we could The PRESIDING OFFICER. The Sen- we go on recess. There is no way to do bring the Alito nomination to the ator from Wisconsin. it using the tools of the Senate, using floor. Earlier this week and over the last Mr. FEINGOLD. I understand an the tools of the filibuster. And a filibuster I can understand if couple of weeks, we have had to deal agreement has been reached to have you are shaping the bill or if the out- with the tax reconciliation bill to go to the cloture vote on the motion to pro- come is not absolutely predetermined. conference. The Democrats forced the ceed tomorrow morning and then a clo- But the outcome here is absolutely pre- Senate to consider the bill three sepa- ture vote on the bill on that Tuesday determined. There will be over- rate times just to get to conference. We after we return from the recess. whelming support in this body for this had 20 hours of debate the first time, I point out the agreement essentially bill. It is important to the safety and with 17 rollcall votes, and then we had implements the schedule that would security of the American people. It another 20-hour limitation, with 7 have been followed had I required the breaks down barriers between the in- more rollcall votes. Then we had a se- Senate to go through all the procedural telligence community and our law en- ries of votes yesterday morning on mo- hoops necessary to reach a vote on the forcement community, and it does so tions to instruct before we get to con- White House deal. It, of course, main- protecting the civil liberties of Ameri- ference. All of that didn’t change the tains the 60-vote threshold for passing cans. bill at all. These are nonbinding mo- this legislation. There is overwhelming support. The tions to instruct—but again, another I thank the two leaders for working outcome is determined. Yet we have manifestation of stalling, postponing, with me. I have no desire to inconven- been in a quorum call for most of the delaying. ience my colleagues or force votes in day, and using the rules of the Senate. It is frustrating because whether it is the middle of the night, as I under- Again, people say: Well, if it is a fili- the tax relief bill or the Alito nomina- stand the majority leader was threat- buster, why aren’t people talking all tion or the asbestos bill or the pensions ening. the time? With the rules of the Senate, bill or, now, the PATRIOT Act, it is a I have been trying all day to get an you do not have to be talking, but you pattern that, if we are going to be agreement to allow debate and votes on control the Senate in terms of time. working together in the Nation’s inter- a small number of amendments to this With that, we are able to file cloture est, we cannot continue over the course bill. I do not understand what the ma- motions, and then you wait another 30 of the year; otherwise, we will not get jority leader is afraid of or concerned hours, and it is a series of cloture mo- anything done when we do have chal- about in rejecting this reasonable re- tions, which stretches the time out, lenging problems with health care quest. So while I do not object to the again, really wasting precious time on costs too high, things that we can do agreement that will be propounded in a the floor of the Senate when we should on education in terms of math and few minutes, I hope once we are on the be governing, answering, responding to science, making our country and our bill tomorrow, I will be able to offer the problems of everyday Americans, students more competitive in the fu- amendments and have them voted on. the challenges of everyday Americans. ture, addressing issues surrounding I suggest the absence of a quorum. Looking at what we have gone funding our military. The PRESIDING OFFICER. The through recently, for example, the pen- So with that, I plead to my col- clerk will call the roll. sions bill, we passed the pensions bill leagues on both sides of the aisle to The bill clerk proceeded to call the on November 16, 2005, with a vote of 97 work together to make progress. Let’s roll. to 2, overwhelming support. I asked the be doing what we are supposed to be

VerDate Aug 31 2005 01:58 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.043 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1344 CONGRESSIONAL RECORD — SENATE February 15, 2006 doing and that is governing in the Na- decades, especially in the last one. are hopelessly addicted to oil. I don’t tion’s interest. These oil companies used to be one suggest that we have an oil anonymous Mr. President, I ask unanimous con- company, and now they are a company organization where we show up on sent that the cloture vote on the pend- with several names, such as Wednesday nights and confess that we ing motion to proceed occur at 10:30 ExxonMobil. That used to be Exxon, drove our Humvee 10 blocks to pick up a.m. tomorrow with the mandatory and that used to be Mobil. They de- a bagel. What do we confess to? Well, quorum waived; provided further that cided to fall in love and get married, we have a 6,000-pound vehicle and we if cloture is invoked, notwithstanding and now it is ExxonMobil. Last year, decided we needed to run an errand to ExxonMobil made $36.1 billion—the rule XXII, the Senate proceed imme- buy a piece of ribbon. That is not what highest profit ever recorded in cor- diately to the bill; I further ask con- I suggest, nor is it what I expect the porate America. ExxonMobil. sent that if a cloture motion is filed on President suggest. the bill during Thursday’s session, then Then there is Chevron-Texaco. It that cloture vote occur at 2:30 p.m. on used to be Chevron, and there was Tex- Addiction to oil. Let’s think about Tuesday, February 28; provided further aco. They discovered they liked each that. We suck 84 million barrels of oil that if cloture is invoked on the bill, other and they got hitched, making it out of this Earth every day. Every sin- then at 10 a.m. on Wednesday, March 1, Chevron-Texaco. gle day, 84 million barrels are sucked the bill be read a third time and the And then we have ConocoPhillips, out of the Earth. One-fourth of it, 21 which used to be separate companies. Senate proceed to a vote on the bill million barrels of oil, goes to this coun- Once they decide to marry up and with no intervening action or debate. try, the United States of America. We merge, they save all these names. The PRESIDING OFFICER. Without use fully one-fourth of all the oil that So there is ExxonMobil, Chevron- objection, it is so ordered. is extracted from this planet every sin- Texaco, and ConocoPhillips. Maybe f some day they will all merge, and when gle day. Sixty percent of all that oil we use in this country comes from off our MORNING BUSINESS you put them all together, they will be ExxonMobil ChevronTexaco Conoco- shore, and much of it from troubled Mr. FRIST. Mr. President, I ask parts of the world. If, God forbid, some- unanimous consent that there now be a Phillips—just one company. The block- buster mergers mean these companies thing should happen to the supply of period of morning business with Sen- are bigger, stronger, and have greater oil from Saudi Arabia tomorrow, we ators permitted to speak for up to 10 capacity to influence the marketplace. would have a huge problem. minutes each. So you have the OPEC ministers in a The PRESIDING OFFICER. Without Our economy is, in fact, attached to closed room talking about supply and the ability to get oil from other parts objection, it is so ordered. price and how they affect supply and f of the world that are very troubled price and the manner in which they parts of our planet. If terrorists, for want to affect it. You have the oil com- ENERGY some reason, interdicted the supply of panies, larger and stronger, having Mr. DORGAN. Mr. President, I will oil, shut off the supply of oil tomorrow more muscle to influence the market- spend a few minutes talking about en- place. And third, you have the futures morning, our economy would be in deep ergy. market. The futures market, rather trouble. Obviously, there are national There was a letter to the editor in than simply providing liquidity for security interests here. Does it make the Wall Street Journal, I believe, this training, has become an orgy of specu- sense from a national security stand- morning or yesterday morning, re- lation. So those three things are what point to have the American economy sponding to an editorial where I had determine the price of oil and the price running on 60-percent foreign oil, much given a response to an editorial. The of gasoline. It has very little to do with of it coming from troubled parts of the writer to the Wall Street Journal was the so-called free market. Yet we hear world? The answer to that is no. Of taking me to task for saying there is all these people talk about the free course not. So in addition to national not a ‘‘free market’’ in energy or in oil. market. security issues, you have the issue of My point was there is no free market Do you think it is the free market the unfairness, of huge profits for the in oil. He said he doesn’t know what I that gives us a company such as major oil companies, huge profits for have been drinking or where I got these ExxonMobil, with profits of $36.1 bil- the OPEC countries, Saudi Arabia, Ku- thoughts. He said there is a free mar- lion last year? That is not a free mar- ket in oil. wait and others, and then substantial ket. That is the price of oil which is pain for people, many of whom can’t af- Let me describe all of this in the con- somewhere between $60 and $70 a bar- text of President Bush’s State of the ford it, pain in the form of higher rel. That is up from $40 a barrel aver- prices. Union Address in which he suggested age price of the year before, at which that we are ‘‘addicted’’ to oil and we point this company had the highest Energy independence: That is the need to move toward greater independ- profits in their history. So it went watchword. Energy independence, they ence with respect to oil, especially from an original price of $40 a barrel to say. What does all this mean? Let me coming from off our shores. over $60 a barrel, and the company had go back for a moment to January 13, First, on the subject of a free mar- no additional expenses at all. That 2002. January 13, 2002 is the day the ket, there is no free market in oil. A price went to that level and it stayed Ambassador for Saudi Arabia showed substantial portion of oil comes from relatively at that level, and it has dra- up at the White House in the Oval Of- halfway around the world, under the matically boosted the profits of all of fice. Prince Bandar, the Saudi Ambas- sand in the Middle East, in Saudi Ara- these oil companies—Shell, $25.3 bil- sador, was then told at a meeting in bia, Kuwait, Iraq, and Iran. A substan- lion; B.P., $22.3 billion; $36.1 billion for the White House on January 13 that tial part of the world supply of oil ExxonMobil. this country was going to attack Iraq, comes from that region. And those Listen, all the gain is here with the invade the country of Iraq. It is inter- OPEC ministers, having formed a car- big oil companies and the OPEC coun- esting that not until the next day did tel, sit around a room and decide how tries. All the gain is here, and all the the President notify the U.S. Secretary much they are going to pump and at pain is on the side of the consumers, of State. what price. That is a cartel. Cartels are people trying to heat their home in the the antithesis of the free market sys- winter, people driving to the gas pump On January 13, at a meeting in the tem. Yet the OPEC countries have this trying to figure out how much it is Oval Office—and again, this comes cartel, produce a great amount of oil, going to take to fill up their tank. from Bob Woodruff’s book ‘‘Bush at and they decide how they are going to They are paying the higher prices, and War’’—the President called in and noti- manipulate price and supply. That is all that goes into these coffers, higher fied the Saudi Ambassador to the No. 1. profits. And that is sent also to the United States that we were going to No. 2, you have the large oil compa- OPEC countries. war with Iraq. The following day, the nies, bigger and much stronger because The President talks about an addic- President notified his own Secretary of of the blockbuster mergers in recent tion to oil. I would use that term. We State that he had made a decision to

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.052 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1345 go to war with Iraq. Interesting. It de- 10 years, we can’t add 1 mile per gallon. them. Brazil is an example of a country scribes something about the relation- Whether it is conservation, efficiency, that has done remarkable things with ship this country has with Saudi Ara- better gas mileage, or any dozens of the extension of renewable fuels. Our bia and the importance it places on other issues on the side of using petro- country has not because we have not that relationship. leum products, or if it is on the side of had a plan. Now we are getting there. This occurred, by the way, as my col- producing petroleum products, we Last year’s energy bill was a start. leagues know, following 9/11/2001. Fif- don’t have a national plan. We don’t The bill we have introduced on lease teen of the 19 hijackers were Saudi citi- have a plan that represents this coun- 181 is another piece. There is much zens. Of the 19 hijackers who flew the try’s crucial interests in actually get- more to do, but we will not do any- planes that hit this country, 15 of them ting to some kind of independence or thing close to move toward something were Saudi citizens. We had Saudi citi- some percentage of independence of you could call energy independence un- zens rounded up on private airplanes foreign oil. We need one, and if the less we as a country have a rational leaving this country. Then in January President’s call in his State of the plan, a thoughtful plan. of 2002, the President calls the Saudi Union is an honest attempt to get There has been a lot of discussion Ambassador to the Oval Office and tells there, I am with him. But it is not so about who created this energy plan of him we are going to war with Iraq. The much what we say, it is what we do ours. It goes all the way back to the following day, he tells our own U.S. that will determine our energy future. year 2001 when there were secret meet- Secretary of State Colin Powell that he I was proud in the last week or two ings and we had people coming to town has decided to go to war with Iraq. I re- to join my colleagues Senator DOMEN- to participate in these meetings, and cite that because it describes a very ICI, Senator BINGAMAN, and Senator virtually all of these countries, I un- special relationship this country has TALENT in offering legislation to open derstand, played a role in meetings had with Saudi Arabia, and perhaps a the Gulf of Mexico for additional pro- such as that, although we can’t find very unhealthy relationship. Under the duction. We believe there is somewhere the names because they claim that the Saudis’ noses and eyes, I believe, there around 6 trillion cubic feet of natural meetings were not public. The Vice has existed a network of madrassas, gas available for production in lease President and others convened meet- schools and other activities in which 181. It was ready for production in 2001 ings, developed an energy policy, but it terrorist organizations developed and and the President took it off the books has not been a policy that has done flourished, and we bore the brunt of because his brother was Governor of anything other than lead us toward that on 9/11/2001. As long as they left Florida and didn’t want it produced, so greater dependence on foreign sources Saudi Arabia alone, it was going to be it has not been produced. But the fact of oil. all right; They could develop their ter- is on a bipartisan basis here in the Sen- Slightly over 60 percent of our oil is rorist cells. ate we have a fair number of people on coming from off our shores. That is The fact is when we go to the gas the bill that has been introduced. So scheduled in a very short order to go to pumps in this country and fill our tank let’s produce, let’s get that natural gas nearly 70 percent. It has been an inevi- and pay the kind of money we are pay- and get it into the pipeline. table climb, from 60 to now 70. We are ing for that petroleum, there is a fair The issue of additional production, going to have to decide as a country, amount of evidence, and it is written especially coming from renewable are we going to change that or aren’t evidence coming from numerous stud- fuels, makes a great deal of sense to we? There is not much more we can do ies, that we are actually helping to fi- me. I talked about lease 181, that is for this country’s economic security nance terrorism. There are many steps drilling, and that is production from and national security that is more im- we have to take to deal with that. drilling, oil and natural gas. We have a portant than to take this kind of en- The first and most important step, pipeline that needs to get done that we ergy plan and to decide to embark on however, is for us to understand this have already supported, from Alaska to something that will strengthen this addiction to oil from the Middle East. the United States, transporting sub- country and make us less dependent on The addiction to oil from Saudi Arabia stantial portions of natural gas to the unstable parts of the world for the pro- and Kuwait and Iraq and elsewhere is a United States, but those who are sup- duction of our energy and for the very unhealthy circumstance for our posed to be doing that have been drag- transport of our oil. country. It is relatively easy to talk ging their feet on that. We do need fos- It is interesting to me that we never about addiction and fairly simple to sil fuels to be producing more. But we see that which goes in our gas tanks. talk about the need for energy inde- also in the area of renewable fuels need My father ran a gasoline station, pendence. It is quite another thing to to understand, we can decide to sub- among other things. So when I was a get there. I mentioned a moment ago stitute for traditional fuels a substan- kid, on nights and Saturdays and week- driving a 6,000-pound car to go get a tial amount of renewable energy if we ends, I was pumping gas. Some people bagel. By that I meant a Humvee. Un- decided our country could do that. say my occupation hasn’t changed very derstand, I have never driven a Wind energy. Wind energy has great much. But I pumped gas, and people Humvee, but I understand they weigh potential. Taking energy from the wind would drive up and I filled their car about 6,000 pounds, and I don’t mean to and producing electricity from it, per- with gas. I did that when I was a kid demean anybody who would drive a haps even using electricity in the proc- for years and years. When you think 6,000-pound Humvee. But I do have, as I ess of electrolysis to separate hydrogen about this, we never see that product. have indicated before, only broken from water and creating hydrogen fuel So it comes from under the sands of knowledge of Latin, and when I drive to run a hydrogen fuel-celled vehicle. Saudi Arabia. The Lord has seen fit to up to a stoplight beside a Humvee and All of that makes great sense. But you give us this wonderful bounty called look over and see a Humvee on the only do that as a country if you set the United States of America. There is street next to me, I think of a Latin goals and decide that is the direction no other country quite like it. Yet we phrase I learned in high school, not in you want to head. have this prodigious appetite for en- formal class, but the phrase was ‘‘totus Biofuels, ethanol. I was part of a ergy. We use one-fourth of all the oil porcus.’’ I look at Humvees, 6,000- group that set a new renewable fuel that is sucked out of this earth every pound vehicles, and I understand that standard, saying we are going to get to day, and a substantial part of the oil, no one has been serious in this country 7.5 billion gallons of ethanol by the for some reason, exists halfway around about suggesting that we change the year 2012, doubling the use of ethanol the world under the sands of a very way we do things. in our country. That means you go in troubled part of our globe. Are we suggesting that we get better the farm fields on a renewable basis So in Saudi Arabia, where there are gas mileage in our automobiles in any every year, produce corn, as an exam- dramatic deposits of oil—we are not significant way? I looked at a vehicle ple, and produce ethanol fuel from corn quite sure how large those deposits are the other day that is an identical vehi- that extends America’s energy supply because the Saudis won’t let anyone cle to the same model that was pro- and also produces a new market for verify all that—it is pulled out of that duced 10 years ago. Guess what. It has family farmers. All of these things are sand. It is cheaper to pull it out of that exactly the same rated gas mileage. In doable. Other countries have done sand than anywhere else on the face of

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There is no jus- nizing the recipients of the 2006 Direct pumped through a hose into your car, tification for these profits. These com- Service Professional Award. These in- and no one has ever seen it. Nobody has panies have not exhibited additional dividuals are being honored for their ever seen that gallon of gasoline. That expenses. These are extraordinary prof- outstanding efforts to enrich the lives is the way it works. But literally in its, the highest in the history of cor- of people with developmental disabil- this country our economy and our fu- porate America, and all the American ities in Illinois. ture are held prisoner by this unbeliev- consumers are feeling the pain. That is able dependence on foreign oil. the short term. We have tried, in the These recipients have displayed a It affects everything we do. It affects short term, to address it with the wind- strong sense of humanity and profes- our foreign policy. We have gone to war fall profits tax rebate bill and we have sionalism in their work with persons over oil. It affects everything. So the not been successful. But that is not with disabilities. Their efforts have in- question for this President and this over. spired the lives of those for whom they Congress, not tomorrow but today, is Then in the intermediate to longer care, and they are an inspiration to me how do you reach some sort of inde- term, we have to do more. We need a as well. They have set a fine example of pendence? How do we make our coun- real plan for energy independence, a community service for all Americans try less dependent on something we real plan, one that addresses alter- to follow. desperately need for our future eco- native fuels and renewable fuels, en- These honorees spend more than 50 nomic opportunity and growth, less de- hances the recovery of fossil fuels in a percent of their time at work in direct, pendent on oil from overseas? I know way that is protective of our environ- personal involvement with their cli- there are as many suggestions on how ment. We need to be doing all of that ents. They are not primarily managers to write a new energy policy as there together, reaching a set of goals that or supervisors. They are direct service are Members of the Senate. But I do our country establishes. You can’t do workers at the forefront of America’s not believe, with all due respect, that this without leadership. effort to care for people with special there is a Republican or Democratic So my hope is that, both from the needs. They do their work every day way to write an energy policy or a con- White House and also from here, we with little public recognition, pro- servative or liberal way to write an en- will begin to see some leadership to- viding much needed care and assistance ergy policy. I think there is a right ward energy independence—I mean that is unknown except to those with way and a wrong way and a smart way some real leadership. Talking about it whom they work. and a pretty stupid way. But it seems is one thing. It doesn’t mean anything. It is my honor and privilege to recog- to me that we need to begin to find the People have been talking about this nize the Illinois recipients of AAMR’s best of what each of our political par- forever. It is a waste of breath unless it 2006 Direct Service Professional Award: ties has to offer in terms of an energy results in real planning. Cheryl Case, Lisa Cutter, Jane Flores, policy and find a way to construct, I have mentioned before the book Cindy Block, Patricia Bzdyl, Don Col- from the best of what both have to McCullough wrote about John Adams. lins, Judy Hicks, Holly Spence, Della offer, something to assure us that our It was a fascinating book and had lin- Reese, Sarah McRae, and Kathy Slim- economy will have the energy that it gering questions from John Adams as mer. needs for the future. he was traveling around the world rep- I know my fellow Senators will join This is not some academic discus- resenting this new country they were me in congratulating the winners of sion, as is often the case on the floor of trying to form. He spent time in the 2006 Direct Service Professional the Senate. There are people who, this France and England. He would write Award. I applaud their dedication and winter, do not have enough money to back to his wife Abigail. At least as I thank them for their service. heat their homes because prices are too read the book, it would seem that he ARMY SPECIALIST PATRICK HERRIED high. That does not, by the way, have would write to Abigail and lament to Mr. JOHNSON. Mr. President, in Feb- anything to do with supply and de- her in his letters: Where will the lead- ruary 6, 2006, one of South Dakota’s mand. You see these profits, the high- ership come from to form this new sons made the ultimate sacrifice while est profits in history for the oil compa- country of ours? Where will the leader- serving in Iraq. Army SP Patrick nies. You don’t see gasoline lines. Has ship emerge to put this new country we Herried died when an improvised explo- anybody seen any gas lines around want to form together? Then in the sive device detonated under the ar- here, people lining up for hours to get next letter he would write: Well, then, mored military vehicle he was driving. gas? No. There is no shortage. In fact, there is really only us—there’s me, He was a member of the 4th Squadron, something came across my desk yester- there’s George Washington, there’s Ben 14th Calvary Regiment, 172nd Stryker day—an oil company is shutting down Franklin, there’s Thomas Jefferson, Brigade Combat Team based in Fort a portion of its refinery because it there’s Madison, there’s Mason—and of Wainwright, AK. wants to restrict supply. Why? It wants course in the rearview mirror of his- to keep prices where they are. They tory we know the ‘‘only us’’ now rep- Specialist Herried was a 1994 grad- like these high prices. resents some of the greatest human uate of Roosevelt High School in Sioux There are a lot of ramifications. talent ever assembled. But every gen- Falls and was fondly remembered by There are enormous riches for the big eration of Americans asks the identical his classmates and teachers. Like oil companies and enormous pain for question: Where will the leadership many South Dakotans, he was pas- the American consumer, and that is come from? Where will the leadership sionate about sports and the outdoors. the short term. The question in the emerge, real leadership, to steer this He was a member of the Roosevelt High short term is always: Who is going to country in the right direction? School football team and enjoyed stand up for the American consumer? I With respect to energy policy which skateboarding and mountain biking. introduced a bill, along with my col- relates to both our economic security Specialist Herried joined the Army in league, Senator DODD, from Con- and our national security, time is the hopes that it would lead to a better necticut, a couple of months ago, that wasting, and there is not a more impor- career and even college. His mother, would have imposed a windfall profit tant subject for us to address, begin- Rita, agreed that the Army had a posi- tax on these oil company profits, only ning now. The question remains: Where tive impact on her son. ‘‘He was just a on the profits above $40 a barrel. Inci- will the leadership come from? That good kid,’’ she said. ‘‘Really quiet, but dentally, last year, 2004, represented question is addressed to both the White very directed since he’s been in the the highest profits in history at $40 a House and the Congress, asking for, fi- service. He was a good son.’’ barrel. We proposed a windfall profits nally, what the best of both political Patrick’s family and friends are in tax at 50 percent on profits over $40 a parties ought to have to offer this my thoughts and prayers during this barrel, with all the proceeds to be sent country. trying time. Coming to terms with the

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.021 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1347 loss of any soldier who gives their life [From the National Review, Feb. 14, 2005] That may be going overboard, but some- in defense of freedom is difficult. While A MOVIE FOR ALL TIME thing important is going on here. What is it we are awed by Patrick’s selfless sac- (By Jonah Goldberg) about this ostensibly farcical film about a wisecracking weatherman that speaks to so rifice, we are reminded that his life Here’s a line, you’ll either recognize, or many on such a deep spiritual level? ended much too soon. It is my sincere you won’t: ‘‘This is one time where tele- hope that Patrick’s family may take vision really fails to capture the true excite- THOROUGHLY POSTMODERN PHIL some small measure of comfort know- ment of a large squirrel predicting the A recap is in order. Bill Murray, the mov- weather.’’ If you don’t recognize this little ie’s indispensible and perfect lead, plays Phil ing our Nation is eternally grateful for gem, you’ve either never seen Groundhog Connors, a Pittsburgh weatherman with de- his dedicated service to our country. Day or you’re not a fan of what is, in my lusions of grandeur (he unselfconsciously re- CORPORAL JESSE ZAMORA opinion, one of the best films of the last 40 fers to himself as ‘‘the talent’’). Accom- Mr. BINGAMAN. Mr. President, I rise years. As the day of the groundhog again ap- panied by his producer and love interest, proaches, it seems only fitting to celebrate Rita (played by Andie MacDowell), and a today to pay tribute to the life of CPL what will almost undoubtedly join It’s a cameraman (Chris Elliott), Connors goes on Jesse Zamora. I regret to inform my Wonderful Life in the pantheon of America’s assignment to cover the Groundhog Day fes- colleagues that Corporal Zamora was most uplifting, morally serious, enjoyable, tival in Punxsutawney, Pa., at which ‘‘Punx- killed in Beiji, Iraq on February 3, 2006. and timeless movies. sutawney Phil’’—a real groundhog—comes Those close to Corporal Zamora rec- When I set out to write this article, I out of his hole to reveal how much longer ognized an indomitable love of country thought it’d be fun to do a quirky homage to winter will last. Connors believes he’s too an offbeat flick, one I think is brilliant as good for the assignment—and for Punx- and a passionate desire to serve his Na- both comedy and moral philosophy. But tion in the military at an early age. sutawney, Pittsburgh, and everything in be- while doing what I intended to be cursory re- tween. He is a thoroughly postmodern man: Friends and family recall that as a search—how much reporting do you need for arrogant, world-weary, and contemptuous young man, Corporal Zamora would a review of a twelve-year-old movie that without cause. often drive into the desert near Las plays constantly on cable?—I discovered that Rita tells Phil that people love the ground- Cruces in his pickup to practice his I wasn’t alone in my interest. In the years hog story, to which he responds, ‘‘People like marksmanship. This simple custom is since its release the film has been taken up blood sausage, too, people are morons.’’ by Jews, Catholics, Evangelicals, Hindus, Later, at the Groundhog Festival, she tells indicative of his discipline and cer- Buddhists, Wiccans, and followers of the op- tainly contributed to his great skill as him: ‘‘You’re missing all the fun. These peo- pressed Chinese Falun Gong movement. ple are great! Some of them have been a soldier. In 2002, shortly after grad- Meanwhile, the Internet brims with weighty partying all night long. They sing songs ’til uating from high school, Corporal philosophical treatises on the deep Platonist, they get too cold and then they go sit by the Zamora enlisted in the Army, fully Aristotelian, and existentialist themes pro- fire and get warm and then they come back knowing that his country would soon viding the skin and bones beneath the film’s and sing some more.’’ Phil replies, ‘‘Yeah, be going to war abroad. This brave de- clown makeup. On National Review Online’s they’re hicks, Rita.’’ group blog, The Corner, I asked readers to cision illustrates the selflessness that Phil does his reporting schtick when the send in their views on the film. Over 200 e- groundhog emerges and plans to head home endeared Corporal Zamora in the mails later I had learned that countless pro- hearts of his family members, his as quickly as possible. Unfortunately, a bliz- fessors use it to teach ethics and a host of zard stops him at the outskirts of town. A friends, and his brothers in arms. It philosophical approaches. Several pastors state trooper explains that the highway’s sent me excerpts from sermons in which also demonstrates his passionate, dis- closed: ‘‘Don’t you watch the weather re- Groundhog Day was the central metaphor. ciplined approach to service and the ports?’’ the cop asks. Connors replies And dozens of committed Christians of all selfless demeanor that is at the core of (blasphemously, according to some), ‘‘I make denominations related that it was one of the weather!’’ Moving on, the cop explain’s what the American Army prides its their most cherished movies. servicemembers on honor, duty, humil- When the Museum of Modern Art in New he can either turn around to Punxsutawney ity, and loyalty. York debuted a film series on ‘‘The Hidden or freeze to death. ‘‘Which is it?’’ he asks. Connors answers, ‘‘I’m thinking, I’m think- His mother Paola, stepfather Sergio, God: Film and Faith’’ two years ago, it opened with Groundhog Day. The rest of the ing.’’ Reluctantly returning to Punx- sister Christy, are all in our thoughts. sutawney, Connors spends another night in a His brother Tyrel is another brave films were drawn from the ranks of turgid and bleak intellectual cinema, including sweet little bed and breakfast run by the member of the U.S. Army, and I hope standards from Ingmar Bergman and Ro- sort of un-ironic, un-hip, decent folks he con- that we can soon guarantee him a swift berto Rossellini. According to the New York siders hicks. and safe journey home. Times, curators of the series were stunned to The next morning, the clock radio in his Corporal Zamora was assigned as an discover that so many of the 35 leading lit- room goes off and he hears the same radio erary and religious scholars who had been show he’d heard the day before, complete infantryman to the 101st Airborne Di- with a broadcast of ‘‘I Got You Babe’’ and vision. We can never fully express our polled to pick the series entries had chosen Groundhog Day that a spat had broken out the declaration, ‘‘It’s Groundhog Day!’’ At gratitude for our veterans’ service; I among the scholars over who would get to first, Connors believes it’s an amateurish ask that we stop now to thank Cor- write about the film for the catalogue. In a gaffe by a second-rate radio station. But poral Zamora and acknowledge the sac- wonderful essay for the Christian magazine slowly he discovers it’s the same day all over rifice of his family for their Nation. Touchstone, theology professor Michael P. again. ‘‘What if there is no tomorrow?’’ he Foley wrote that Groundhog Day is ‘‘a stun- asks. ‘‘There wasn’t one today!’’ And this is the plot device for the whole f ning allegory of moral, intellectual, and even religious excellence in the face of film, which has seeped into the larger cul- postmodern decay, a sort of Christian-Aris- ture. Indeed, ‘‘Groundhog Day’’ has become POPULARITY OF ‘‘GROUNDHOG totelian Pilgrim’s Progress for those lost in shorthand for (translating nicely) ‘‘same DAY’’ the contemporary cosmos.’’ Charles Murray, stuff, different day.’’ Troops in Iraq regu- author of Human Accomplishment, has cited larly use it as a rough synonym for ‘‘snafu,’’ Mr. GRASSLEY. Mr. President, yes- Groundhog Day more than once as one of the which (also translated nicely) means ‘‘situa- terday and a few weeks ago, I invoked few cultural achievements of recent times tion normal: all fouled-up.’’ Connors spends the movie ‘‘Groundhog Day’’ starring that will be remembered centuries from now. an unknown number of days repeating the Bill Murray to provide a perspective on He was quoted in The New Yorker declaring, exact same day over and over again. Every- consideration of our tax reconciliation ‘‘It is a brilliant moral fable offering an Aris- one else experiences that day for the ‘‘first’’ package. For the edification of my es- totelian view of the world.’’ time, while Connors experiences it with Sisy- I know what you’re thinking: We’re talk- phean repetition. Estimates vary on how teemed colleagues and other interested ing about the movie in which Bill Murray many actual Groundhog Days Connors en- parties, I ask unanimous consent that tells a big rat sitting on his lap, ‘‘Don’t drive dures. We see him relive 34 of them. But an article originally published in the angry,’’ right? Yep, that’s the one. You many more are implied. According to Harold February 14, 2005, issue of ‘‘National might like to know that the rodent in ques- Ramis, the co-writer and director, the origi- Review’’ titled, ‘‘A Movie for All tion is actually Jesus—at least that’s what nal script called for him to endure 10,000 Time,’’ be printed in the RECORD. This film historian Michael Bronski told the years in Punxsutawney, but it was probably article provides some information on Times. ‘‘The groundhog is clearly the resur- closer to ten. the film and its enduring popularity. rected Christ, the ever-hopeful renewal of But this is a small mystery. A far more im- life at springtime, at a time of pagan-Chris- portant one is why the day repeats itself and There being no objection, the mate- tian holidays. And when I say that the why it stops repeating at the end. Because rial was ordered to be printed in the groundhog is Jesus, I say that with great re- the viewer is left to draw his own conclu- RECORD, as follows: spect.’’ sions, we have what many believe is the best

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.009 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1348 CONGRESSIONAL RECORD — SENATE February 15, 2006 cinematic moral allegory popular culture of life no longer stuck on Groundhog Day. As lovebirds emerge from the B&B to embrace a has produced in decades—perhaps ever. NR’s own Rick Brookhiser explains it, ‘‘The happy new life together in what Connors Interpretations of this central mystery curse is lifted when Bill Murray blesses the considers a paradisiacal Punxsutawney, Con- vary. But central to all is a morally com- day he has just lived. And his reward is that nors declares, ‘‘Let’s live here!’’ They kiss, plicated and powerful story arc to the main the day is taken from him. Loving life in- the music builds, and then in the film’s last character. When Phil Connors arrives in cludes loving the fact that it goes.’’ line he adds: ‘‘We’ll rent to start.’’ Punxsutawney, he’s a perfect representative Personally, I always saw Nietzsche’s doc- f of the Seinfeld generation: been-there-done- trine of the eternal return of the same in that. When he first realizes he’s not crazy this story. That was Nietzsche’s idea—meta- MASTER SERGEANT WOODROW and that he can, in effect, live forever with- phorical or literal—to imagine life as an end- WILSON KEEBLE out consequences—if there’s no tomorrow, less repetition of the same events over and Mr. JOHNSON. Mr. President, few how can you be punished?—he indulges his over. How would this shape your actions? What would you choose to live out for all Americans will recognize MSG Wood- adolescent self. He shoves cigarettes and pas- row Wilson Keeble’s name, but he was tries into his face with no fear of lovehandles eternity? Others see Camus, who writes or lung cancer. ‘‘I am not going to play by about how we should live once we realize the an American hero who served in two their rules any longer,’’ he declares as he absurdity of life. But existentialism doesn’t wars and who deserves our Nation’s goes for a drunk-driving spree. He uses his explain the film’s broader appeal. It is the most prestigious recognition. ability to glean intelligence about the locals religious resonance—if not necessarily ex- I first became aware of Master Ser- to bed women with lies. When that no longer plicit religious themes—that draws many to geant Keeble’s bravery in 2002 after gratifies, he steals money and gets kinky, it. There’s much to the view of Punx- being contacted by members of the dressing up and play-acting. When Andie sutawney as purgatory: Connors goes to his Sisseton-Wahpeton Sioux Tribe who MacDowell sees him like this she quotes a own version of hell, but since he’s not evil it were requesting that his Distinguished turns out to be purgatory, from which he is poem by Sir Walter Scott: ‘‘The wretch, con- Service Cross be upgraded to the Con- centrated all in self/Living, shall forfeit fair released by shedding his selfishness and com- mitting to acts of love. Meanwhile, Hindus gressional Medal of Honor. The Medal renown/And, doubly dying, shall go down/To of Honor is our Nation’s highest mili- the vile dust, from whence he sprung/ and Buddhists see versions of reincarnation Unwept, unhonored, and unsung.’’ here, and Jews find great significance in the tary honor, and while it is awarded on Connors cackles at her earnestness. ‘‘You fact that Connors is saved only after he per- behalf of Congress, the Department of don’t like poetry?’’ She asks. ‘‘I love po- forms mitzvahs (good deeds) and is returned Defense determines the qualifications etry,’’ he replies, ‘‘I just thought that was to earth, not heaven, to perform more. and eligibility for the decoration. The burning question: Was all this inten- Willard Scott.’’ Master Sergeant Keeble, a member of Still, Connors schemes to bed Rita with tional? Yes and no. Ultimately, the story is one of redemption, so it should surprise no the Sisseton-Wahpeton Sioux Tribe, the same techniques he used on other was an Army veteran of both World women, and fails, time and again. When he one that it speaks to those in search of the same. But there is also a secular, even con- War II and the Korean War. For his realizes that his failures stem not from a service, he was awarded the Purple lack of information about Rita’s desires but servative, point to be made here. Connors’s rather from his own basic hollowness, he metamorphosis contradicts almost every- Heart, the Bronze Star, the Silver Star, grows suicidal. Or, some argue, he grows sui- thing postmodernity teaches. He doesn’t find and the Distinguished Service Cross. cidal after learning that all of the material paradise or liberation by becoming more The last decoration was awarded for and sexual gratification in the world is not ‘‘authentic,’’ by acting on his whims and his actions near Kumsong, North Korea spiritually sustaining. Either way, he blames urges and listening to his inner voices. That in October 1951. After many days of the groundhog and kills it in a murder-sui- behavior is soul-killing. He does exactly the fighting in the bitter cold, and though cide pact—if you can call killing the varmint opposite: He learns to appreciate the crowd, the community, even the bourgeois hicks he was wounded, Master Sergeant murder. Discovering, after countless more Keeble single handedly took out three suicide attempts, that he cannot even die and their values. He determines to make himself better by reading poetry and the enemy machinegun emplacements. without waking up the next day he begins to The first hand accounts of his actions believe he is ‘‘a god.’’ When Rita scoffs at classics and by learning to sculpt ice and this—noting that she had twelve years of make music, and most of all by shedding his that day read like something out of an Catholic school (the only mention of religion ironic detachment from the world. old Hollywood movie. What he did was Harold Ramis and Danny Rubin, the writer in the film)—he replies that he didn’t say he real, and his bravery in the face of of the original story, are not philosophers. was ‘‘the God’’ but merely ‘‘a god.’’ Then enemy fire was so remarkable that the Ramis was born Jewish and is now a lacka- again, he remarks, maybe God really isn’t daisical Buddhist. He wears meditation beads men in his company twice submitted all-powerful, maybe he’s just been around so on his wrist, he told the New York Times, recommendations that he receive the long he knows everything that’s going to ‘‘because I’m on a Buddhist diet. They’re Congressional Medal of Honor. In both happen. This, according to some, is a ref- supposed to remind me not to eat, but actu- cases, the recommendation was lost. erence to the doctrine of God’s ‘‘middle ally just get in the way when I’m cutting my Like so many veterans, Master Ser- knowledge,’’ first put forward by the 16th- steak.’’ Rubin’s original script was appar- geant Keeble returned home after the century Jesuit theologian Luis de Molina, ently much more complex and philo- who argued that human free will is possible war a humble man, not interested in sophical—it opened in the middle of because God’s omniscience includes His pursuing medals or personal honors. He Connors’s sentence to purgatory and ended knowledge of every possible outcome of died in 1982, and without the dedicated with the revelation that Rita was caught in every possible decision. effort of his family and fellow veterans, a cycle of her own. Murray wanted the film THE METAMORPHOSIS to be more philosophical (indeed, the film is most of us would have never had the The point is that Connors slowly realizes surely the best sign of his reincarnation as a opportunity to learn about Master Ser- that what makes life worth living is not great actor), but Ramis constantly insisted geant Keeble. Today, there is an ongo- what you get from it, but what you put into that the film be funny first and philosophical ing effort to document his actions it. He takes up the piano. He reads poetry— second. through the eyewitness testimony of no longer to impress Rita, but for its own And this is the film’s true triumph. It is a those veterans who served with him. sake. He helps the locals in matters great very, very funny movie, in which all of the This is a valuable effort and will help and small, including catching a boy who falls themes are invisible to people who just want preserve an important part of our Na- from a tree every day. ‘‘You never thank to have a good time. There’s no violence, no me!’’ he yells at the fleeing brat. He also dis- strong language, and the sexual content is tion’s history. covers that there are some things he cannot about as tame as it gets. (Some e-mailers After first hearing in 2002 of his he- change, that he cannot be God. The homeless complained that Connors is only liberated roic actions, I contacted the Secretary man whom Connors scorns at the beginning when he has sex with Rita. Not true: They of the Army to request a review of of the film becomes an obsession of his at the merely fall asleep together.) If this were a Master Sergeant Keeble’s case. Based end because he dies every Groundhog Day. French film dealing with the same themes, it on an affidavit from a member of the Calling him ‘‘pop’’ and ‘‘dad,’’ Connors tries would be in black and white, the sex would company that the original rec- to save him but never can. be constant and depraved, and it would end ommendations for the Medal of Honor By the end of the film, Connors is no in cold death. My only criticism is that had been lost, I asked the Secretary to longer obsessed with bedding Rita. He’s in Andie MacDowell isn’t nearly charming waive the normal 3-year statute of lim- love with her, without reservation and with- enough to warrant all the fuss (she says a out hope of his affection being requited. Only prayer for world peace every time she orders itations requirement for consideration in the end, when he completely gives up a drink!). And yet for all the opportunities of the Medal of Honor. hope, does he in fact ‘‘get’’ the woman he the film presents for self-importance and Since that time, I have been in close loves. And with that, with her love, he fi- sentimentality, it almost never falls for ei- contact with the Army. The rec- nally wakes on February 3, the great wheel ther. The best example: When the two ommendation to posthumously award

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.042 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1349 the Medal of Honor to Master Sergeant In addition to his extensive public crime that has occurred in our coun- Keeble has been reviewed by an Army service, Dave will be remembered as a try. Decorations Board, a Senior Army loyal friend and loving husband and fa- On May 17, 2003, Sakia Gunn was fa- Decorations Board, and now awaits ther. He is survived by his wife Angela, tally stabbed during a confrontation final action by the Secretary of the who is currently the Executive Clerk of about her being a lesbian. Gunn and Army. At this point, I do not know if the Committee on Foreign Relations; four other girls were waiting for a bus the Secretary’s decision will be posi- four children, David T. Evans, Chris- in downtown Newark, NJ, when Rich- tive or negative, but I remain in con- topher Evans, Kathleen Canby, and ard McCullough and another man drove tact with his office almost every Susan Hennegan; a stepson, Jeffrey up and asked them to go to a party. month as I have for the past 4 years. Morris; six grandchildren; and a broth- When the girls responded that they While all of us who care about this er. were lesbians, the two men began spew- case are frustrated by the amount of All who knew Dave will miss his ing homophobic insults and time this has taken, the thorough re- kindness and grace. The thoughts of McCullough proceeded to stab her. view process is an indication of the im- the entire Foreign Relations Com- I believe that the Government’s first portance of the Medal of Honor and the mittee are with his family as they re- duty is to defend its citizens, to defend seriousness of this decision. member and celebrate the life of an ex- them against the harms that come out As more people learn about Master emplary man. of hate. The Local Law Enforcement Sergeant Keeble’s story, more people Mr. BIDEN. Mr. President, I asso- Enhancement Act is a symbol that can are joining in the effort to pay tribute ciate myself with the remarks that our become substance. By passing this leg- to his service. While I do not know chairman, Senator LUGAR, has just islation and changing current law, we what the Army’s ultimate decision will made regarding our fine printer David can change hearts and minds as well.∑ be in this case, I can think of no one L. Evans, who died last week at the age f more deserving of this honor than Mas- of 65 after a courageous battle with ATLANTA GAS LIGHT ter Sergeant Keeble. cancer. f Dave did two tours as a GPO printer ∑ Mr. CHAMBLISS. Mr. President, I TRIBUTE TO DAVID EVANS assigned to the Committee on Foreign rise today to congratulate Atlanta Gas Light on its 150th anniversary. Atlanta Mr. LUGAR. Mr. President, I today Relations, first in the 1970s, and then again from 1999 until about a year ago. Gas Light was incorporated on Feb- pay tribute to David Lee Evans, who ruary 16, l856, and first brought light- had been a member of the staff of the For a time in the late 1970s, he also ing to the streets of Atlanta on Christ- Committee on Foreign Relations. He served directly on the staff of the com- mas Day, 1855, enabling accelerated was a much loved Senate employee who mittee as its deputy clerk and then its growth and the safe transportation of was universally respected for his pro- chief clerk. The committee, and the individuals and supplies necessary for fessionalism, patience, and generosity. country, are indebted to him for his the expansion of Atlanta and its sur- Dave passed away last week at age 65. service for performing some of the nu- Dave was born on October 23, 1940, in merous jobs that are essential to the rounding communities. Baltimore, MD. He graduated from operation of this institution, but which At the end of the Civil War, Atlanta Kenwood High School, and attended are largely unrecognized by the public. Gas Light quickly rebuilt its gasworks Howard Community College. Dave Dave was a big and wonderfully to facilitate the rebuilding of Atlanta served the Government as a journey- gentle man. He reveled in the oppor- and contributed to the rise of that man printer and as a member of the tunity to serve his country, even great city to a major commercial cen- Foreign Relations Committee staff for though it meant working long days, ter in the Southeast. In the 1920s, it in- nearly 23 years. In addition to his serv- and sometimes well into the night, to vested in the State of Georgia’s future ice as a printer with the Government ensure that the committee’s hearings by creating the infrastructure nec- Printing Office, he had been Chief and reports were printed promptly and essary to allow natural gas to flow Clerk and Assistant Chief Clerk to the properly. Why he put up with us I don’t under the city streets and into homes, committee during the 1970’s. Dave ably know, but it was an honor to have him ending the need to manufacture gas served under Foreign Relations Com- on our staff, and to know that the pub- and expanding the use of gas through- mittee Chairmen Fulbright, Sparkman, lished output of our committee had out the Southeast region. In the early Church, Helms, BIDEN and myself. been subject to his careful and profes- 20th century, it began expanding its Committee members and staff relied sional scrutiny. He was unfailingly services to cities and towns throughout heavily on Dave to shepherd our many courteous and pleasant to his co-work- the State of Georgia. publications through all aspects of the ers, and never complained about his Atlanta Gas Light has faithfully printing process. As a returning chair- heavy workload. served the State of Georgia and its citi- man in 2003, I brought in a new major- Like so many others in this country zens for each of its 150 years, delivering ity staff, many of whom were working afflicted with cancer, Dave was taken natural gas to customers throughout for a Senate committee for the first from us too soon. We will miss him the State safely and reliably. This time. Dave was indispensable in teach- greatly. Our thoughts and prayers are great company and its top-notch em- ing these staff members committee with all his family and especially his ployees deserve special recognition. printing procedures and patiently an- wife Angie Evans, who shared Dave’s They have contributed millions of dol- swering their many questions. Dave’s work ethic and continues to bless us lars and hours to improve the commu- skills, technical ability and good with her service to the committee. nities in which they work and live. Atlanta Gas Light and its Georgia humor made it possible to meet our f many deadlines. parent, AGL Resources, continue to During the last 6 years that Dave ADDITIONAL STATEMENTS provide exemplary service to their cus- served the committee, we printed more tomers and remain a vital part of the than 400 documents, including execu- economic development of the State of LOCAL LAW ENFORCEMENT tive and legislative reports, hearings, Georgia. I am pleased to take this op- ENHANCEMENT ACT OF 2005 and other materials. Without Dave’s portunity to commemorate the con- tireless efforts and hard work, the com- ∑ Mr. SMITH. Mr. President, I today tributions and services rendered by At- mittee would not have been able to speak about the need for hate crimes lanta Gas Light in its 150 years of oper- produce such a huge volume of mate- legislation. Each Congress, Senator ation and look forward to its continued rial. Dave took great pride in his work KENNEDY and I introduce hate crimes service for the next 150 years.∑ and ensured that the material he pro- legislation that would add new cat- f duced met his and the committee’s egories to current hate crimes law, high standards. Every publication Dave sending a signal that violence of any CONGRATULATING MS. SARA J. printed reflected favorably on the com- kind is unacceptable in our society. KIEFFNER mittee, the Senate, and the U.S. Gov- Likewise, each Congress I have come to ∑ Mr. BUNNING. Mr. President, today I ernment as a whole. the floor to highlight a separate hate rise to congratulate Ms. Sara J.

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.024 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1350 CONGRESSIONAL RECORD — SENATE February 15, 2006 Kieffner for being selected as one of the main active in the financial world and this valuable event would not be pos- Cincinnati Enquirer newspaper’s in his community. sible. Women of the Year. Minnesota has been fortunate to have It is a fitting tribute to Bill Tallman The Enquirer has done well to bestow a business leader like Mr. Cooper who that this year’s event should be named this honor on Ms. Kieffner. Among her not only has enriched the economy of in his honor. Bill not only recognized many causes, she has done much for Minnesota and elsewhere but has also the need for an important event like the St. Elizabeth Medical Center Foun- used his good name, time, and money this, he actually made it happen. I dation. She has also devoted herself to for the good of the community. Min- know it was one of his proudest promoting breast health awareness and nesota celebrates its lakes and farms achievements, and I congratulate ev- to raising funds for the Fischer Homes and excellent community assets. One of eryone who participates in the Women Breast Center. If that weren’t enough, the secrets of our success is commu- in Science Conference for helping to she is also active with the Redwood Re- nity leaders like Bill Cooper who shoul- carry on his vision. Bill began his ca- habilitation Center, the American Can- der the burdens of leadership. reer by engaging young minds as a high cer Society’s Northern Kentucky chap- I congratulate Bill Cooper, the staff school math teacher, and then served ter, United Ministries, and her church, of TCF, and his family on his great ca- his country during a 20-year career as a Gloria Dei Lutheran. reer and leadership in the community.∑ meteorologist with the U.S. Air Force. Since The Enquirer’s Women of the f Next he joined the National Weather Year program was started in 1968, over CELEBRATING THE 2006 BILL Service, and was eventually asked to 350 women in Greater Cincinnati and TALLMAN MEMORIAL WOMEN IN lead its Aberdeen, SD, office. At a time northern Kentucky have been singled SCIENCE CONFERENCE of national tragedy, few were surprised out for their efforts to improve the at Bill’s willingness to serve again by ∑ Mr. JOHNSON. Mr. President, it is community for everyone. leaving home to help those who had with great pride that I rise to recognize Ms. Kieffner has certainly deserved suffered through the devastating hurri- the Bill Tallman Memorial Women in this citation. As a Senator and a mem- canes that hit the gulf coast in 2005. Science Conference, which is taking ber of her community, I am proud of Bill Tallman’s presence will be sorely place in five communities across South her dedication. Her accomplishments missed by all the people whose lives he Dakota from March 6th through April serve as an example to all citizens of touched. It is my distinct pleasure to ∑ 28th. Since 2002, the Women in Science the Commonwealth. honor his life and legacy by recog- Conference has helped to increase in- f nizing the Bill Tallman Memorial terest in science and technological ca- TRIBUTE TO WILLIAM A. COOPER Women in Science Conference today in reers among young women in my ∑ Mr. COLEMAN. Mr. President, I rise the Senate.∑ State. This year’s conference is named to extend my congratulations to Mr. in honor of the event’s distinguished William A. Cooper for long standing f founder, Bill Tallman, who unexpect- service as CEO at TCF Financial Cor- edly passed away last October while poration, a financial holding company MRS. PRANKE’S SIXTH GRADE helping with recovery efforts for vic- based in Minnesota. tims of the devastating hurricanes that ∑ Mr. CONRAD. Mr. President, it is Bill Cooper came to TCF Financial in with great pride that I rise today to 1985 with an impressive financial lead- hit the gulf coast region. The cover of a recent Time magazine recognize a special group of students. ership record which included serving as features a rather amusing photo of a It is not often enough that we have the a senior auditor for Touche, Ross and child wearing a lab coat and oversized opportunity to acknowledge heart- company, a Detroit firm, and as Presi- safety goggles, accompanied by the warming acts of kindness, but the ac- dent of Huntington Bank of Ohio. But based on my personal relation- question, ‘‘Is America Flunking tions of Mrs. Pranke’s sixth grade class ship with Bill, I would say his high Science?’’ Though the image is meant in Sheyenne, ND, have touched my school graduating class might have to provoke a laugh, its associated ques- hearts and the heart of their neighbors voted him ‘‘least likely to become a tion is anything but humorous. By a and friends. Throughout their years together, this banker.’’ The banker’s stereotype is re- number of measures, our country is special group of students has worked served, cautious, and circumspect. Bill losing the competitive edge in sci- on more than one occasion to serve Cooper is bold, innovative, and refresh- entific and technological fields that their community. As third graders, ingly outspoken. Like his hero Ronald has for decades been a key driver of our they collected box tops to purchase Reagan, there is never a bit of doubt as economy. At a national level, one of new games for schoolmates. When they to where Bill Cooper stands. the factors that undoubtedly contrib- During his tenure as CEO, Bill Coo- utes to this unfortunate trend is a fail- were in the fifth grade, they initiated a per directed an impressive expansion of ure to adequately engage young women fundraiser and donated the proceeds to TCF Financial in Minnesota and else- in scientific pursuits. It is discouraging benefit the Ronald McDonald House in where through his innovative leader- to think of how many important dis- Fargo, ND. ship. From 1985 until his retirement in coveries were never made because of As one final project, Mrs. Pranke’s January, he helped to transform TCF our failure to cultivate young female sixth graders decided to treat them- Financial from a small banking enter- researchers. selves to a class trip to celebrate their prise into a thriving operation offering In my view, the Women in Science years together before moving on to industry leading consumer services. Conference in South Dakota is a shin- junior high school. Bill Cooper is a complete citizen. He ing example of what we as a nation The students began holding fund- not only led a thriving business that need more of to retain and enhance our raisers for their trip. Shortly after all provided thousands of jobs and finan- superiority in science and technology. the funds had been raised, they learned cial services to a big proportion of our The conference provides young women that the father of one of their class- Minnesota population, Bill used his in South Dakota with first-hand expo- mates had fallen critically ill. The stu- voice, his philanthropy, and his influ- sure to women who are leading impor- dents quickly realized that they were ence to improve as many sectors of our tant scientific work. These distin- faced with unique circumstances. After State as he could get his hands on. guished individuals share the rewards learning of their classmate’s situation His work on education not only and challenges of their work in vivid, and the medical costs the family would shaped Minnesota public policy, his concrete terms, and serve as role mod- bear, the children chose to donate the personal involvement changed the lives els for young women who may not have funds to their classmate’s family and of hundreds of disadvantaged students previously considered a career in forgo their class trip. forever. He has always had strong opin- science. By choosing to help with their hard- ions and had the integrity to walk his The Women in Science Conference is earned money rather than keep it for talk. a product of a partnership between sev- themselves, these extraordinary stu- Although Mr. Cooper has retired as eral forward-thinking entities, includ- dents proved that their hearts are deep CEO of TCF, he has not completely ing the National Weather Service, and and their love for one another is real. given himself up to the ski slopes or several nonprofit and private-sector Again, I commend Mrs. Pranke’s ex- the golf courses as he continues to re- sponsors. Without their contributions, ceptional group of sixth graders. Their

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.027 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1351 selfless act has reaffirmed that values H. Con. Res. 322. Concurrent resolution ex- EC–5768. A communication from the Attor- and kindness have not been lost in a pressing the Sense of Congress regarding the ney, Office of Assistant General Counsel for world that so often focuses on the neg- contribution of the USO to the morale and Legislation and Regulatory Law, Depart- ment of Energy, transmitting, pursuant to ative. I wish them all the best as they welfare of our servicemen and women of our armed forces and their families; to the Com- law, the report of a rule entitled ‘‘Chronic finish their final year together and mittee on Armed Services. Beryllium Disease Prevention Program; continued success as they begin a new Worker Safety and Health Program; to the f chapter of their education next year.∑ Committee on Energy and Natural Re- f MEASURES PLACED ON THE sources. CALENDAR EC–5769. A communication from the Chair- MESSAGE FROM THE HOUSE man, Nuclear Regulatory Commission, trans- The following bill was read the first mitting, pursuant to law, the Commission’s At 1:40 p.m., a message from the and second times by unanimous con- Annual Report of the Administration of the House of Representatives, delivered by sent, and placed on the calendar: Government in the Sunshine Act for Cal- Mr. Hays, one of its reading clerks, an- H.R. 4152. An act to designate the facility endar Year 2005; to the Committee on Home- nounced that the House has passed the of the United States Postal Service located land Security and Governmental Affairs. following bill, without amendment: at 320 High Street in Clinton, Massachusetts, EC–5770. A communication from the Con- gressional Review Coordinator, Animal and S. 1989. An act to designate the facility of as the ‘‘Raymond J. Salmon Post Office’’. Plant Health Inspection Service, Department the United States Postal Service located at f of Agriculture, transmitting, pursuant to 57 Rolfe Square in Cranston, Rhode Island, law, the report of a rule entitled ‘‘Add shall be known and designated as the ‘‘Holly EXECUTIVE AND OTHER COMMUNICATIONS Kazakhstan, Romania, Russia, Turkey, and A. Charette Post Office’’. Ukraine to List of Regions in Which Highly The message also announced that the The following communications were Pathogenic Avian Influenza Subtype H5N1 is House has passed the following bill, in laid before the Senate, together with Considered to Exist’’ (APHIS–2006–0010) re- which it requests the concurrence of accompanying papers, reports, and doc- ceived on February 14, 2006; to the Com- the Senate: uments, and were referred as indicated: mittee on Agriculture, Nutrition, and For- estry. H.R. 4152. An act to designate the facility EC–5762. A communication from the Prin- EC–5771. A communication from the Con- of the United States Postal Service located cipal Deputy Associate Administrator, Office gressional Review Coordinator, Animal and at 320 High Street in Clinton, Massachusetts, of Policy, Economics, and Innovation, Envi- Plant Health Inspection Service, Department as the ‘‘Raymond J. Salmon Post Office’’. ronmental Protection Agency, transmitting, of Agriculture, transmitting, pursuant to The message further announced that pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Mediterra- ‘‘Standards of Performance for Stationary the House has agreed to the following nean Fruit Fly; Add Portions of Los Angeles, Combustion Turbines’’ ((RIN2060–AM79) San Bernardino, and Santa Clara Counties, concurrent resolution, in which it re- (FRL No. 8033–4)) received on February 14, quests the concurrence of the Senate: CA, to the List of Quarantined Areas’’ 2006; to the Committee on Environment and (APHIS–2005–0116) received on February 14, H. Con. Res. 322. Concurrent resolution ex- Public Works. 2006; to the Committee on Agriculture, Nu- pressing the appreciation of Congress for the EC–5763. A communication from the Prin- trition, and Forestry. contributions of the United Service Organi- cipal Deputy Associate Administrator, Office f zations, Incorporated (the USO), to the mo- of Policy, Economics, and Innovation, Envi- rale and welfare of the members of the ronmental Protection Agency, transmitting, PETITIONS AND MEMORIALS pursuant to law, the report of a rule entitled Armed Forces and their families. The following petition or memorial The message also announced that the ‘‘Oil Pollution Prevention; Non-Transpor- tation Related Onshore Facilities’’ (FRL No. was laid before the Senate and was re- House has passed the following bill, 8033–9) received on February 14, 2006; to the ferred or ordered to lie on the table as with an amendment, in which it re- Committee on Environment and Public indicated: quests the concurrence of the Senate: Works. POM–263. A resolution adopted by the S. 2275. An act to temporarily increase the EC–5764. A communication from the Prin- House of Representatives of the Legislature borrowing authority of the Federal Emer- cipal Deputy Associate Administrator, Office of the State of Michigan relative to increas- gency Management Agency for carrying out of Policy, Economics, and Innovation, Envi- ing efforts to protect our borders; to the the national flood insurance program. ronmental Protection Agency, transmitting, Committee on Homeland Security and Gov- The message further announced that pursuant to law, the report of a rule entitled ernmental Affairs. ‘‘Revisions to the California State Imple- pursuant to section 11142 of SAFETEA– HOUSE RESOLUTION NO. 149 mentation Plan, San Joaquin Valley Unified Whereas, The current war on terrorism LU (Public Law 109–59), Mr. Rangel, the Air Pollution Control District’’ (FRL No. Ranking Minority Member of the Com- began on September 11, 2001, when terrorists 8030–7) received on February 14, 2006; to the unleashed an air assault on America’s mili- mittee on Ways and Means, hereby ap- Committee on Environment and Public tary and financial power centers, hijacking points to the National Surface Trans- Works. commercial jets and crashing them into the EC–5765. A communication from the Prin- portation Infrastructure Financing World Trade Center in New York, and the Commission the following individuals: cipal Deputy Associate Administrator, Office Pentagon in Washington, D.C. Thousands of of Policy, Economics, and Innovation, Envi- Mr. Elliot ‘‘Lee’’ Sander (Director of innocent people were murdered, and the na- ronmental Protection Agency, transmitting, tion suffered billions of dollars in damages the Rudin Center for Transportation pursuant to law, the report of a rule entitled Policy Management at New York Uni- from this terrorist attack; and ‘‘Standards of Performance for Electric Util- Whereas, In response to these attacks, in versity, and Senior Vice President and ity Steam Generating Units for Which Con- order to better coordinate security and Director of Strategic Development at struction is Commenced After September 18, emergency response efforts, the federal gov- DMJM Harris) of New York City, York 1978; Standards of Performance for Indus- ernment created a federal Homeland Secu- and Mr. Craig Lentzsch (CEO of Coach trial-Commercial-Institutional Steam Gen- rity Department and increased funding for USA and KBUS Holdings) of Dallas, erating Units; and Standards of Performance antiterrorism efforts throughout the nation. for Small Industrial-Commercial-Institu- Texas. Border security is an essential component of tional Steam Generating Units’’ ((RIN2060– creating a safe and secure homeland and the AM80) (FRL No. 8033–3)) received on Feb- federal Homeland Security Department is re- At 6:29 p.m., a message from the ruary 14, 2006; to the Committee on Environ- House of Representatives, delivered by sponsible for protecting our borders. As a ment and Public Works. border state that includes some of the busi- Mr. Hays, one of its reading clerks, an- EC–5766. A communication from the Chair- est points of entry in the country, Michigan nounced that the House has passed the man and President (Acting), Export-Import is acutely aware of the importance of this following bill, in which it requests the Bank of the United States, transmitting, a issue; and concurrence of the Senate: report of draft legislation relative to pro- Whereas, In order to increase our safety viding a five-year reauthorization of the Ex- H.R. 4745. An act making supplemental ap- and security, Congress should pass legisla- port-Import Bank of the United States; to propriations for fiscal year 2006 for the Small tion that provides increased manpower and the Committee on Banking, Housing, and Business Administration’s disaster loans more sophisticated technology at the na- Urban Affairs. program, and for other purposes. tional borders. United States border security EC–5767. A communication from the Sec- should be able to apprehend illegal immi- f retary of Veterans Affairs, transmitting, grants and potential terrorists before they MEASURES REFERRED pursuant to law, the Department of Veterans enter the country and cause mayhem; now, Affairs’ report on its competitive sourcing therefore, be it The following concurrent resolution efforts for Fiscal Year 2005; to the Com- Resolved by the House of Representatives, was read, and referred as indicated: mittee on Veterans’ Affairs. That we memorialize the Congress of the

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.015 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1352 CONGRESSIONAL RECORD — SENATE February 15, 2006 United States to increase efforts to protect formation contained in this report is com- 7. Sisters and Spouses: Nancy Newton- our borders; and be it further plete and accurate. Waldeck, none, Michael Waldeck (spouse of Resolved, That copies of this resolution be Contributions, Amount, Date, and Donee: Nancy), none. transmitted to the Speaker of the United 1. Self: None. States House of Representatives, the Presi- 2. Spouse: Kenneth B. Friedman, none. *Jeanine E. Jackson, of Wyoming, to be dent of the United States Senate, and the 3. Children and Spouses: Eric A. Fichte, Ambassador to Burkina Faso. members of the Michigan congressional dele- son, single, none; Kurt M. Fichte, son, single, Nominee: Jeanine Elizabeth Jackson. gation. none. Post: Ambassador, Burkina Faso. 4. Parents: Robert Jacobs, father (deceased The following is a list of all members of f 1995), and Oma Lee Jacobs, mother (following my immediate family and their spouses. I EXECUTIVE REPORTS OF amounts contributed in 2000, 2001, 2002, 2003 have asked each of these persons to inform COMMITTEES and 2004), $100, National Republican Party; me of the pertinent contributions made by $80, National Republican Women’s Group. them. To the best of my knowledge, the in- The following executive reports of Total each year $180. Total 2000–2004–$900. formation contained in this report is com- committees were submitted: 5. Grandparents: Clarence Jacobs, paternal plete and accurate. By Mr. INHOFE for the Committee on En- grandfather (deceased 1963); Zylphia May Contributions, Amount, Date, and Donee: vironment and Public Works. Porter, paternal grandmother (deceased 1. Self: none. *Terrence L. Bracy, of Virginia, to be a 1965); William Delmus Corgan, maternal 2. Spouse: none. Member of the Board of Trustees of the Mor- grandfather (deceased 1932); Carrie Corgan 3. Children and Spouses: none. ris K. Udall Scholarship and Excellence in Holt, maternal grandmother (deceased 1987). 4. Parents: (deceased) National Environmental Policy Foundation 6. Brothers and Spouses: Robert Jacobs, 5. Grandparents: (deceased) 6. Brothers and Spouses: none. for a term expiring October 6, 2010. brother (deceased 2004), Virginia Lowe, sis- 7. Sisters and Spouses: none. *Dennis Bottorff, of Tennessee, to be a ter-in-law, Lawrence J. Jacobs, brother, Member of the Board of Directors of the Ten- none; Sandra Pittman Jacobs, sister-in-law, *Kristie A. Kenney, of Virginia, to be Am- nessee Valley Authority for a term expiring none. bassador to the Republic of the Philippines. May 18, 2011. 7. Sisters and Spouses: Linda Jacobs Nominee: Kristie A. Kenney. *Robert M. Duncan, of Kentucky, to be a Wineberg, sister, $75.00 one-time contribu- Post: Chief of Mission, Manila. Member of the Board of Directors of the Ten- tion sometime in 2004 Kerry campaign; Paul The following is a list of all members of nessee Valley Authority for a term expiring Wineberg, brother-in-law, none. my immediate family and their spouses. I May 18, 2011. have asked each of these persons to inform *William B. Sansom, of Tennessee, to be a *Steven Alan Browning, of Texas, a Career me of the pertinent contributions made by Member of the Board of Directors of the Ten- Member of the Senior Foreign Service, Class them. To the best of my knowledge, the in- nessee Valley Authority for a term expiring of Minister-Counselor, to be Ambassador to formation contained in this report is com- May 18, 2009. the Republic of Uganda. Nominee: Steven Alan Browning. plete and accurate. *Susan Richardson Williams, of Tennessee, Post: Uganda. Contributions, Amount, Date, and Donee: to be a Member of the Board of Directors of The following is a list of all members of 1. Self: none. the Tennessee Valley Authority for a term my immediate family and their spouses. I 2. Spouse: William R. Brownfield, none. expiring May 18, 2007. have asked each of these persons to inform 3. Children and Spouses: We have no chil- *Donald R. DePriest, of Mississippi, to be a me of the pertinent contributions made by dren. Member of the Board of Directors of the Ten- them. To the best of my knowledge, the in- 4. Parents: Jeremiah J. Kenney, Jr. (de- nessee Valley Authority for a term expiring formation contained in this report is com- ceased), 05/08/2005 (no contributions prior to May 18, 2009. plete and accurate. death); Elizabeth J. Kenney, no contribu- *Howard A. Thrailkill, of Alabama, to be a Contributions, Amount, Date, and Donee: tions. Member of the Board of Directors of the Ten- 1. Self: none. 5. Grandparents: Jeremiah J. Kenney (de- nessee Valley Authority for the term pre- 2. Spouse: none. ceased), 1972; Selma J. Kenney (deceased), scribed by law. 3. Children and Spouses: Son: Jefferson An- 1985; George Cornish (deceased), 1945; and By Mr. LUGAR for the Committee on For- drew Dolan, Spouse: Kristin Thielen Dolan, Irma Cornish (deceased), 1972. eign Relations. Daughter: Stephanie Jayne Marie Dolan, 6. Brothers and Spouses: John J. Kenney *Bernadette Mary Allen, of Maryland, to Spouse: Tay Voye, none. (divorced), no contributions. be Ambassador to the Republic of Niger. 4. Parents: Cheaney Harris Browning (de- 7. Sisters and Spouses: n/a. Nominee: Bernadette M. Allen. ceased), and Rosemary Miller Browning, Post: Montreal. none. *Robert Weisberg, of Maryland, to be Am- Nominated: Niamey. 5. Grandparents: (all deceased), none. bassador to the Republic of Congo. The following is a list of all members of 6. Brothers and Spouses: Brother: Rickey Nominee: Robert Weisberg. my immediate family and their spouses. I Van Browning, Spouse: Barbara Sterling Post: Brazzaville. have asked each of these persons to inform Browning, none. The following is a list of all members of me of the pertinent contributions made by 7. Sisters and Spouses: (no sister). my immediate family and their spouses. I them. To the best of my knowledge, the in- have asked each of these persons to inform formation contained in this report is com- *Patricia Newton Moller, of Arkansas, to me of the pertinent contributions made by plete and accurate. be Ambassador to the Republic of Burundi. them. To the best of my knowledge, the in- Contributions, Amount, Date, and Donee: Nominee: Patricia Newton Moller. formation contained in this report is com- 1. Bernadette M. Allen: $100, 2004, National Post: U.S. Embassy Bujumbura, Burundi. plete and accurate. Democratic Committee. The following is a list of all members of Contributions, Amount, Date, and Donee: 2. Never married: N/A. my immediate family and their spouses. I 1. Self: none. 3. No children: N/A. have asked each of these persons to inform 2. Spouse: none. Raymond E. Allen, Jr., none; Lucille C. me of the pertinent contributions made by 3. Children and Spouses: Cyrus Weisberg, Johnson (deceased), (None). them. To the best of my knowledge, the in- none. 5. Raymond E. Allen, Sr. (deceased), formation contained in this report is com- 4. Parents: Maurice Weisberg, none; An- (none); Evangeline Allen (deceased), (none); plete and accurate. nette Weisberg (deceased). Mary G. Clark (deceased), (none); William Contributions, Amount, Date, and Donee: 5. Grandparents: Edward Weisberg (de- Clark (deceased), (none). 1. Self: Patricia Newton Moller, None. ceased;) Rebecca Weisberg (deceased); Arthur 6. Adrian T. Allen (brother), none; Cheryl 2. Spouse: Gilbert Joseph Sperling, None. Koerner (deceased); and Elizabeth Koerner S. Allen (in-law), none. 3. Children and Spouses: Renee Emiko (deceased). 7. Marnita L. Allen (sister), none. Sperling (stepdaughter), none, Jeff Durkin 6. Brothers and Spouses: No brothers. (spouse of Renee), none, Christopher Estvan 7. Sisters and Spouses: No sisters. *Janice L. Jacobs, of Virginia, to be Am- Sperling (stepson), none, Stephanie Taleff bassador to the Republic of Senegal, and to (spouse of Christopher), none, Gilbert *Janet Ann Sanderson, of Arizona, to be serve concurrently and without additional Hanspeter Sperling (stepson), none, Noriyo Ambassador to the Republic of Haiti. compensation as Ambassador to the Republic Komachi (spouse of Gilbert), none. Nominee: Janet Ann Sanderson. of Guinea-Bissau. 4. Parents: James Wilson Newton, none, Post: Ambassador to Haiti. Nominee: Janice L. Jacobs. Thelma Bell Newton, none. The following is a list of all members of Post: Dakar, Senegal. 5. Grandparents: Katie Irvin Bell (de- my immediate family and their spouses. I The following is a list of all members of ceased), none, William Hester Bell (de- have asked each of these persons to inform my immediate family and their spouses. I ceased), none, Charles Henry Newton (de- me of the pertinent contributions made by have asked each of these persons to inform ceased), none, Willie Elnora Blackman New- them. To the best of my knowledge, the in- me of the pertinent contributions made by ton (deceased), none. formation contained in this report is com- them. To the best of my knowledge, the in- 6. Brothers and Spouses: n/a. plete and accurate.

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.011 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1353 Contributions, Amount, Date, and Donee: Casimir Butenis (deceased); Petronella and second times by unanimous con- 1. Self: None. Leszinski (deceased). sent, and referred as indicated: 2. Spouse: n/a. 6. Brothers and Spouses: n/a. 3. Children and Spouses: n/a. 7. Sisters and Spouses: Linda Butenis By Ms. SNOWE (for herself and Mr. 4. Parents: John M. Sanderson, None; Pa- Vorsa, none; Nicholi Vorsa, none; Donna LOTT): tricia M. Sanderson, (deceased). Butenis Mulraney, none; Andrew Mulraney, S. 2287. A bill to amend the Internal Rev- 5. Grandparents: Emil and Marjorie Budde none. enue Code of 1986 to increase and perma- (deceased); Gail and John Sanderson (de- nently extend the expensing of certain depre- ceased). *Donald T. Bliss, of Maryland, for the rank ciable business assets for small businesses; 6. Brothers and Spouses: Michael of Ambassador during his tenure of service to the Committee on Finance. Sanderson and Michelle McMahon, None. as Representative of the United States of By Mr. FEINGOLD (for himself and Mr. 7. Sisters and Spouses: n/a. America on the Council of the International MCCAIN): Civil Aviation Organization. S. 2288. A bill to modernize water resources *Claudia A. McMurray, of Virginia, to be *James D. McGee, of Florida, to serve con- planning, and for other purposes; to the Assistant Secretary of State for Oceans and currently and without additional compensa- Committee on Environment and Public International Environmental and Scientific tion as Ambassador to the Union of Comoros. Works. Affairs. Nominee: James David McGee. By Mr. BUNNING: *Bradford R. Higgins, of Connecticut, to be S. 2289. A bill to amend title XVIII of the Post: Union of Comoros. an Assistant Secretary of State (Resource The following is a list of all members of Social Security Act to increase the per resi- Management). dent payment floor for direct graduate med- my immediate family and their spouses. I *Bradford R. Higgins, of Connecticut, to be ical education payments under the Medicare have asked each of these persons to inform Chief Financial Officer, Department of program; to the Committee on Finance. me of the pertinent contributions made by State. them. To the best of my knowledge, the in- *Jackie Wolcott Sanders, of Virginia, to be By Mr. PRYOR (for himself, Mr. WAR- formation contained in this report is com- Alternate Representative of the United NER, and Mr. TALENT): plete and accurate. States of America for Special Political Af- S. 2290. A bill to provide for affordable nat- Contributions, Amount, Date, and Donee: fairs in the United Nations, with the rank of ural gas by rebalancing domestic supply and 1. Self: None. Ambassador. demand and to promote the production of 2. Spouse: None. *Jackie Wolcott Sanders, of Virginia, to be natural gas from domestic resources; to the 3. Children and Spouses: n/a. an Alternate Representative of the United Committee on Energy and Natural Re- 4. Parents: Ruby Mae McGee, none; and States of America to the Sessions of the sources. Jewel L. McGee (deceased), n/a. General Assembly of the United Nations dur- By Mr. KENNEDY (for himself, Mr. 5.Grandparents: James West Senior (de- ing her tenure of service as Alternate Rep- DODD, Mr. HARKIN, and Mr. BINGA- ceased), n/a; Malvena West (deceased), n/a; resentative of the United States of America MAN): David McGee (deceased), n/a; and Mary for Special Political Affairs in the United S. 2291. A bill to provide for the establish- McGee (deceased), n/a. Nations. ment of a biodefense injury compensation 6. Brothers and Spouses: Ronald N. McGee, *Michael W. Michalak, of Michigan, a Ca- program and to provide indemnification for none; Kathy McGee, none. reer Member of the Senior Foreign Service, producers of countermeasures; to the Com- 7. Sisters and Spouses: Mary Ann Class of Minister-Counselor, for the rank of mittee on Health, Education, Labor, and Dillahunty, none; Tyrone Dillahunty, none. Ambassador during his tenure of service as Pensions. United States Senior Official to the Asia-Pa- By Mr. SPECTER (for himself, Mr. *Gary A. Grappo, of Virginia, to be Ambas- cific Economic Cooperation Forum. LEAHY, Mr. CORNYN, Mr. CHAMBLISS, sador to the Sultanate of Oman. *Ben S. Bernanke, of New Jersey, to be and Mrs. FEINSTEIN): Nominee: Gary A. Grappo. United States Alternate Governor of the S. 2292. A bill to provide relief for the Fed- Post: Muscat, Oman. International Monetary Fund for a term of eral judiciary from excessive rent charges; to The following is a list of all members of five years. the Committee on the Judiciary. my immediate family and their spouses. I Mr. LUGAR. Mr. President, for the By Mr. ALLEN: have asked each of these persons to inform Committee on Foreign Relations I re- S. J. Res. 31. A joint resolution proposing me of the pertinent contributions made by port favorably the following nomina- an amendment to the Constitution of the them. To the best of my knowledge, the in- tion lists which were printed in the United States relative to require a balancing formation contained in this report is com- RECORDs on the dates indicated, and of the budget; to the Committee on the Judi- plete and accurate. ask unanimous consent, to save the ex- ciary. Contributions, Amount, Date, and Donee: pense of reprinting on the Executive 1. Self: none. f 2. Spouse: none. Calendar that these nominations lie at 3. Children and Spouses: Michelle (21), Al- the Secretary’s desk for the informa- ADDITIONAL COSPONSORS exander (19) & Kristina (17) Grappo; none. tion of Senators. 4. Parents: Anthony and Viola Grappo, The PRESIDING OFFICER. Without S. 241 none. objection, it is so ordered. At the request of Ms. SNOWE, the 5. Grandparents: Severio & Maria Mar- Foreign Service nominations begin- name of the Senator from South Caro- chese, and Alexander & Louise Grappo (de- ning with Anne Elizabeth Linnee and lina (Mr. GRAHAM) was added as a co- ceased); none. ending with Kathleen Anne Yu, which sponsor of S. 241, a bill to amend sec- 6. Brothers and Spouses: Anthony P. & Deb nominations were received by the Sen- Grappo; $2,000, 12/2001, Outback Steakhouse tion 254 of the Communications Act of PAC; $4,995, 11/2002, Outback Steakhouse ate and appeared in the CONGRESSIONAL 1934 to provide that funds received as PAC; $5,000, 12/2003, Outback Steakhouse RECORD on December 13, 2005. universal service contributions and the PAC; and $5,000, 12/2004, Outback Steakhouse Foreign Service nominations begin- universal service support programs es- PAC. ning with Lisa M. Anderson and ending tablished pursuant to that section are 7. Sisters and Spouses: none. with Gregory C. Yemm, which nomina- not subject to certain provisions of tions were received by the Senate and title 31, United States Code, commonly *Patricia A. Butenis, of Virginia, to be appeared in the CONGRESSIONAL RECORD known as the Antideficiency Act. Ambassador to the People’s Republic of Ban- on December 14, 2005. S. 267 gladesh. *Nomination was reported with rec- Nominee: Patricia A. Butenis. ommendation that it be confirmed sub- At the request of Mr. CRAIG, the The following is a list of all members of name of the Senator from Kentucky my immediate family and their spouses. I ject to the nominee’s commitment to respond to requests to appear and tes- (Mr. BUNNING) was added as a cosponsor have asked each of these persons to inform of S. 267, a bill to reauthorize the Se- me of the pertinent contributions made by tify before any duly constituted com- them. To the best of my knowledge, the in- mittee of the Senate. cure Rural Schools and Community formation contained in this report is com- (Nominations without an asterisk Self-Determination Act of 2000, and for plete and accurate. were reported with the recommenda- other purposes. Contributions, Amount, Date, and Donee: tion that they be confirmed.) S. 548 1. Self: none. f At the request of Mr. CONRAD, the 2. Spouse: n/a. name of the Senator from Michigan 3. Children and Spouses: n/a. INTRODUCTION OF BILLS AND (Ms. STABENOW) was added as a cospon- 4. Parents: Hafia Butenis, none; Charles P. JOINT RESOLUTIONS Butenis (deceased). sor of S. 548, a bill to amend the Food 5. Grandparents: Alexander Michalezka The following bills and joint resolu- Security Act of 1985 to encourage own- (deceased); Anastasia Michalezka (deceased); tions were introduced, read the first ers and operators of privately-held

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.051 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1354 CONGRESSIONAL RECORD — SENATE February 15, 2006 farm, ranch, and forest land to volun- (Mrs. BOXER) was added as a cosponsor chases. At the same time, small busi- tarily make their land available for ac- of S. Res. 372, a resolution expressing ness capital investment will be pump- cess by the public under programs ad- the sense of the Senate that oil and gas ing more money into the economy. Ac- ministered by States and tribal govern- companies should not be provided outer cordingly, this is a win-win for small ments. Continental Shelf royalty relief when business and the economy as a whole. S. 577 energy prices are at historic highs. This legislation is a tremendous op- At the request of Ms. COLLINS, the f portunity to help small enterprises name of the Senator from Nevada (Mr. succeed by providing an incentive for STATEMENTS ON INTRODUCED reinvestment and leaving them more of ENSIGN) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS 577, a bill to promote health care cov- their earnings to do just that. I urge erage for individuals participating in By Ms. SNOWE (for herself and my colleagues to join me in supporting legal recreational activities or legal Mr. LOTT): this vital legislation as we work with transportation activities. S. 2287. A bill to amend the Internal the President to enact this investment Revenue Code of 1986 to increase and S. 829 incentive into law. permanently extend the expensing of I ask unanimous consent that the At the request of Mr. GRASSLEY, the certain depreciable business assets for name of the Senator from Pennsyl- text of the bill be printed in the small businesses; to the Committee on RECORD. vania (Mr. SPECTER) was added as a co- Finance. There being no objection, the bill was sponsor of S. 829, a bill to allow media Ms. SNOWE. Mr. President, I rise coverage of court proceedings. ordered to be printed in the RECORD, as today to introduce legislation that al- follows: S. 1112 lows small businesses to expense more S. 2287 At the request of Mr. GRASSLEY, the of their equipment and business assets, name of the Senator from Louisiana Be it enacted by the Senate and House of Rep- which will create incentives to invest resentatives of the United States of America in (Mr. VITTER) was added as a cosponsor in new technology, expand their oper- Congress assembled, of S. 1112, a bill to make permanent the ations, and most important, create SECTION 1. INCREASE AND PERMANENT EXTEN- enhanced educational savings provi- jobs. Small businesses are the engine SION FOR EXPENSING FOR SMALL sions for qualified tuition programs en- that drives our Nation’s economy and I BUSINESS. acted as part of the Economic Growth believe this bill strengthens their abil- (a) IN GENERAL.—Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 and Tax Relief Reconciliation Act of ity to lead the way. I am pleased to 2001. (relating to dollar limitation) is amended by join my colleague from Mississippi, striking ‘‘$25,000 ($100,000 in the case of tax- S. 1262 Senator TRENT LOTT, as we work to able years beginning after 2002 and before At the request of Mr. FRIST, the move this important initiative for 2008)’’ and inserting ‘‘$200,000’’. name of the Senator from Colorado small businesses from legislation to (b) INCREASE IN QUALIFYING INVESTMENT AT (Mr. SALAZAR) was added as a cospon- law. WHICH PHASEOUT BEGINS.—Paragraph (2) of sor of S. 1262, a bill to reduce As the Chair of the Senate Com- section 179(b) of such Code (relating to reduc- healthcare costs, improve efficiency, mittee on Small Business and Entre- tion in limitation) is amended by striking ‘‘$200,000 ($400,000 in the case of taxable years and improve healthcare quality preneurship, I drafted this bill in re- beginning after 2002 and before 2008)’’ and in- through the development of a nation- sponse to the repeated requests from serting ‘‘$800,000’’. wide interoperable health information small businesses in my State of Maine (c) INFLATION ADJUSTMENTS.—Section technology system, and for other pur- and from across the Nation to allow 179(b)(5)(A) of such Code (relating to infla- poses. them to expense more of their invest- tion adjustments) is amended— S. 1568 ments like the purchase of essential (1) in the matter preceding clause (i)— (A) by striking ‘‘after 2003 and before 2008’’ At the request of Mr. BROWNBACK, the new equipment. The bill modifies the Internal Revenue Code and would dou- and inserting ‘‘after 2007’’, and name of the Senator from Oklahoma (B) by striking ‘‘the $100,000 and $400,000 (Mr. COBURN) was added as a cosponsor ble the amount a small business can amounts’’ and inserting ‘‘the $200,000 and of S. 1568, a bill to enhance the ability expense from $100,000 to $200,000, and $800,000 amounts’’, and of community banks to foster eco- make the provision permanent as (2) in clause (ii), by striking ‘‘calendar year nomic growth and serve their commu- President Bush also proposed this 2002’’ and inserting ‘‘calendar year 2006’’. nities, and for other purposes. change in his fiscal year 2007 tax pro- (d) REVOCATION OF ELECTION.—Section 179(c)(2) of such Code (relating to election ir- S. 2123 posals. With small businesses rep- revocable) is amended to read as follows: At the request of Mr. ALLARD, the resenting 99 percent of all employers, creating 75 percent of net new jobs and ‘‘(2) REVOCABILITY OF ELECTION.—Any elec- name of the Senator from Georgia (Mr. tion made under this section, and any speci- CHAMBLISS) was added as a cosponsor of contributing 51 percent of private-sec- fication contained in any such election, may S. 2123, a bill to modernize the manu- tor output, their size is the only ‘small’ be revoked by the taxpayer with respect to factured housing loan insurance pro- aspect about them. any property, and such revocation, once gram under title I of the National By doubling and making permanent made, shall be irrevocable.’’. (e) OFF-THE-SHELF COMPUTER SOFTWARE.— Housing Act. the current expensing limit and index- ing these amounts for inflation, this Section 179(d)(1)(A)(ii) of such Code (relating S. 2172 bill will achieve two important objec- to section 179 property) is amended by strik- At the request of Ms. LANDRIEU, the tives. First, qualifying businesses will ing ‘‘and before 2008’’. (f) EFFECTIVE DATE.—The amendments name of the Senator from Connecticut be able to write off more of the equip- (Mr. LIEBERMAN) was added as a co- made by this section shall apply to taxable ment purchases today, instead of wait- years beginning after December 31, 2006. sponsor of S. 2172, a bill to provide for ing five, seven or more years to recover response to Hurricane Katrina by es- their costs through depreciation. That By Mr. FEINGOLD (for himself tablishing a Louisiana Recovery Cor- represents substantial savings both in and Mr. MCCAIN): poration, providing for housing and dollars and in the time small busi- S. 2288. A bill to modernize water re- community rebuilding, and for other nesses would otherwise have to spend sources planning, and for other pur- purposes. complying with complex and confusing poses; to the Committee on Environ- S. 2283 depreciation rules. Moreover, new ment and Public Works. At the request of Mr. FRIST, the equipment will contribute to continued Mr. FEINGOLD. Mr. President, today name of the Senator from Ohio (Mr. productivity growth in the business I introduce the Water Resources Plan- DEWINE) was added as a cosponsor of S. community, which economic experts ning and Modernization Act of 2006, a 2283, a bill to establish a congressional have repeatedly stressed is essential to bill that will bring our water resources commemorative medal for organ do- the long-term vitality of our economy. policy into the 21st century. I am nors and their families. Second, as a result of this bill, more pleased to be joined in this legislation S. RES. 372 businesses will qualify for this benefit by the senior Senator from Arizona, At the request of Mr. KERRY, the because the phase-out limit will be in- Mr. MCCAIN. We have worked together name of the Senator from California creased to $800,000 in new assets pur- for some time to modernize the Army

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As craft- events of the recent past and make prioritized list would also be printed in ed in the bill, independent review thoughtful and needed adjustments to the Federal register for the public to should not increase the length of time all aspects of water resources planning. see. The Water Resources Council de- required for project planning but would The entire process, starting with the scribed in the bill, comprised of cabi- protect the public both those in the vi- principles upon which the plans are de- net-level officials, would bring to- cinity of massive projects and those veloped all the way to discussions of gether varied perspectives to shape a whose tax dollars are funding projects. where we invest limited Federal re- list of national needs. In short, the We must do a better job of valuing sources, requires attention and revi- prioritization process would be im- our natural resources, such as wet- sion. Congress cannot afford to author- proved to make sure Congress has the lands, that provide important services. ize additional Army Corps projects tools to more wisely invest limited re- These resources can help to buffer com- until it has considered and passed the sources while also increasing public munities from storms and filter con- Water Resources Planning and Mod- transparency in decision making both taminants out of our water. Recog- ernization Act. From ensuring large needed and reasonable improvements nizing the role of these natural sys- projects are sound to using natural re- to the status quo. tems, the Water Resources Planning sources to protect our communities, Taking stock of our vulnerabilities and Modernization Act of 2006 requires modernizing water resources policy is a to natural disasters must also be a pri- that corps’ water resources projects national priority. ority. For this reason, the bill also di- meet the same mitigation standard as As we all know, our nation is staring rects the Water Resources Council to required by everyone else under the down deficits that just a few years ago identify and report to Congress on the Clean Water Act. Where States have were unimaginable. Our current finan- Nation’s vulnerability to flood and re- adopted stronger mitigation standards, cial situation demands pragmatic ap- lated storm damage, including the risk the corps must meet those standards. I proaches and creative collaborations to to human life and property, and rel- feel very strongly that the Federal gov- save taxpayer dollars. The bill I intro- ative risks to different regions of the ernment should be able to live up to duce today provides a unique oppor- country. The Water Resources Council this requirement. Unfortunately, all tunity to endorse such approaches and would also recommend improvements too often, the corps has not completed such collaborations. to the Nation’s various flood damage required mitigation. This legislation The Water Resources Planning and reduction programs to better address will make sure that mitigation is com- Modernization Act of 2006 represents a sensible effort to increase our environ- those risks. Many of these improve- pleted, that the true costs of mitiga- mental stewardship and significantly ments were discussed in a government tion are accounted for in corps’ reduce the government waste inherent report following the 1993 floods so the projects, and that the public is able to in poorly designed or low priority building blocks are available; we just track the progress of mitigation Army Corps of Engineers projects. It need to update the assessment. Then, projects. Modernizing all aspects of our water represents a way to both protect the of course, we must actually take action resources policy will help restore credi- environment and save taxpayer dollars. based on the assessment. To help speed bility to a Federal agency historically With support from Taxpayers for Com- such action, the legislation specifies mon Sense Action, National Taxpayers that the administration will submit a rocked by scandal and currently Union, Citizens Against Government response to Congress, including legisla- plagued by public skepticism. Congress Waste, American Rivers, National tive proposals to implement the rec- has long used the Army Corps of Engi- Wildlife Federation, Earthjustice, En- ommendations, on the Water Resources neers to facilitate favored pork-barrel vironmental Defense, Republicans for Council report no later than 90 days projects, while periodically expressing Environmental Protection, Sierra after the report has been made public. a desire to change its ways. Back in Club, and the World Wildlife Fund, the We cannot afford to have this report, 1836, a House Ways and Means Com- bill has the backing of a strong, cre- which will outline improvements to mittee report referred to Congress en- ative coalition. our flood damage reduction programs, suring that the corps sought ‘‘actual Several years have passed since I languish like others before it. reform, in the further prosecution of tried to offer an amendment to the The process by which the Army Corps public works.’’ Over 150 years later, the Water Resources Development Act of of Engineers analyzes water projects need for actual reform is stronger than 2000 to require independent review of should undergo periodic revision. Un- ever. Army Corps of Engineers’ projects. fortunately, the corps’ principles and My office has strong working rela- Much has changed since the 2000 de- guidelines, which bind the planning tionships with the Detroit, Rock Is- bate, and yet too much remains the process, have not been updated since land, and St. Paul District Offices that same. We now have more studies from 1983. This is why the bill requires that service Wisconsin, and I do not want the National Academy of Sciences, the the Water Resources Council work in this bill to be misconstrued as reflect- Government Accountability Office, and coordination with the National Acad- ing on the work of those district of- others—even the presidentially ap- emy of Sciences to propose periodic re- fices. What I do want is the fiscal and pointed U.S. Commission on Ocean Pol- visions to the corps’ planning prin- management cloud over the entire icy—to point to in support of our ef- ciples and guidelines, regulations, and Army Corps to dissipate so that the forts. We have also had a disaster of circulars. corps can continue to contribute to our historic proportion. Hurricane Katrina Updating the project planning proc- environment and our economy without highlighted problems that we would be ess should involve consideration of a wasting taxpayer dollars. irresponsible to ignore. variety of issues, including the use of I wish the changes we are proposing The Water Resources Planning and modern economic analysis and the today were not needed, but unfortu- Modernization Act of 2006 can be broad- same discount rates as used by all nately that is not the case. In fact, if ly divided into five parts: focusing our other Federal agencies. Simple steps there were ever a need for the bill, it is resources, identifying vulnerabilities, such as these will lead to more precise now. We must make sure that future updating the Army Corps of Engineer’s estimates of project costs and benefits, corps’ projects produce predicted bene- planning guidelines, guaranteeing a first step to considering whether a fits, are in furtherance of national pri- sound projects and responsible spend- project should move forward. orities, and do not have negative envi- ing, and valuing our natural resources. To ensure that corps’ water resources ronmental impacts. This bill gives the Our current prioritization process is projects are sound, the bill requires corps the tools it needs to a better job not serving the public good. To address independent review of those projects and focuses the attention of Congress

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Each re- (C) discouraging any project that induces American taxpayers and the environ- port prepared under this paragraph shall pro- new development or intensified economic ac- ment deserve. vide documentation and description of any tivity in flood prone areas, and eliminating I ask unanimous consent that the criteria used in addition to those set forth in biases and disincentives to providing paragraph (2) for comparing water resources projects to low-income communities, includ- text of the bill be printed in the projects and the assumptions upon which ing fully accounting for the prevention of RECORD. those criteria are based. loss of life as required by section 904 of the There being no objection, the text of (2) PROJECT PRIORITIZATION CRITERIA.—In Water Resources Development Act of 1986 (33 the bill was ordered to be printed in preparing a report under paragraph (1), the U.S.C. 2281); the RECORD, as follows: Council shall prioritize each water resource (D) eliminating biases and disincentives project of the Corps of Engineers based on S. 2288 that discourage the use of nonstructural ap- the extent to which the project meets at proaches to water resources development and Be it enacted by the Senate and House of Rep- least the following criteria: management, and fully accounting for the resentatives of the United States of America in (A) For flood damage reduction projects, flood protection and other values of healthy Congress assembled, the extent to which such a project— natural systems; SECTION 1. SHORT TITLE. (i) addresses the most critical flood dam- (E) utilizing a comprehensive, regional ap- This Act may be cited as the ‘‘Water Re- age reduction needs of the United States as proach to port planning; sources Planning and Modernization Act of identified by the Council; (F) promoting environmental restoration 2006’’. (ii) does not encourage new development or projects that reestablish natural processes; SEC. 2. DEFINITIONS. intensified economic activity in flood prone (G) analyzing and incorporating lessons In this Act: areas and avoids adverse environmental im- learned from recent studies of Corps of Engi- (1) COUNCIL.—The term ‘‘Council’’ means pacts; and neers programs and recent disasters such as the Water Resources Council established (iii) provides significantly increased bene- Hurricane Katrina and the Great Midwest under section 101 of the Water Resources fits to the United States through the protec- Flood of 1993; and Planning Act (42 U.S.C. 1962a). tion of human life, property, economic activ- (H) ensuring the effective implementation (2) SECRETARY.—The term ‘‘Secretary’’ ity, or ecosystem services. of the National Water Resources Planning means the Secretary of the Army. (B) For navigation projects, the extent to and Modernization Policy established by this which such a project— Act. SEC. 3. NATIONAL WATER RESOURCES PLANNING (i) produces a net economic benefit to the AND MODERNIZATION POLICY. (d) REVISION OF PLANNING GUIDELINES.— United States based on a high level of cer- It is the policy of the United States that Not later than 180 days after submission of tainty that any projected trends upon which all water resources projects carried out by the proposed revisions required by sub- the project is based will be realized; the Corps of Engineers shall— section (b), the Secretary shall implement (ii) addresses priority navigation needs of (1) reflect national priorities for flood dam- the recommendations of the Council by in- the United States identified through com- age reduction, navigation, and ecosystem corporating the proposed revisions into the prehensive, regional port planning; and restoration; and planning principles and guidelines, regula- (iii) minimizes adverse environmental im- tions, and circulars of the Corps of Engi- (2) seek to avoid the unwise use of pacts. floodplains, minimize vulnerabilities in any neers. These revisions shall be subject to (C) For environmental restoration public notice and comment pursuant to sub- case in which a floodplain must be used, pro- projects, the extent to which such a tect and restore the extent and functions of chapter II of chapter 5, and chapter 7, of title project— 5, United States Code (commonly known as natural systems, and mitigate any unavoid- (i) restores the natural hydrologic proc- able damage to natural systems. the ‘‘Administrative Procedure Act’’). Effec- esses and spatial extent of an aquatic habi- tive beginning on the date on which the Sec- SEC. 4. MEETING THE NATION’S WATER RE- tat; retary carries out the first revision under SOURCE PRIORITIES. (ii) is self-sustaining; and this paragraph, the Corps of Engineers shall (a) REPORT ON THE NATION’S FLOOD RISKS.— (iii) is cost-effective or produces economic not be subject to— Not later than 18 months after the date of benefits. (1) subsections (a) and (b) of section 80 of enactment of this Act, the Council shall sub- (3) SENSE OF CONGRESS.—It is the sense of the Water Resources Development Act of mit to the President and Congress a report Congress that to promote effective 1974 (42 U.S.C. 1962d–17); and describing the vulnerability of the United prioritization of water resources projects, no (2) any provision of the guidelines entitled States to damage from flooding and related project should be authorized for construction ‘‘Economic and Environmental Principles storm damage, including the risk to human unless a final Chief’s report recommending and Guidelines for Water and Related Land life, the risk to property, and the compara- construction has been submitted to Con- Resources Implementation Studies’’ and tive risks faced by different regions of the gress, and annual appropriations for the dated 1983, to the extent that such a provi- country. The report shall assess the extent Corps of Engineers’ Continuing Authorities sion conflicts with a guideline revised by the to which the Nation’s programs relating to Programs should be distributed by the Corps Secretary. flooding are addressing flood risk reduction of Engineers to those projects with the high- (e) AVAILABILITY.—Each report prepared priorities and the extent to which those pro- est degree of design merit and the greatest under this section shall be published in the grams may unintentionally be encouraging degree of need, consistent with the applica- Federal Register and submitted to the Com- development and economic activity in ble criteria established under paragraph (2). mittees on Environment and Public Works floodprone areas, and shall provide rec- (c) MODERNIZING WATER RESOURCES PLAN- and Appropriations of the Senate and the ommendations for improving those programs NING GUIDELINES.— Committees on Transportation and Infra- in reducing and responding to flood risks. (1) IN GENERAL.—Not later than 2 years structure and Appropriations of the House of Not later than 90 days after the report re- after the date of enactment of this Act, and Representatives. quired by this subsection is published in the every 5 years thereafter, the Council, in co- (f) WATER RESOURCES COUNCIL.—Section 101 Federal Register, the Administration shall ordination with the National Academy of of the Water Resources Planning Act (42 submit to Congress a report that responds to Sciences, shall propose revisions to the plan- U.S.C. 1962a) is amended in the first sentence the recommendations of the Council and in- ning principles and guidelines, regulations, by inserting ‘‘the Secretary of Homeland Se- cludes proposals to implement recommenda- and circulars of the Corps of Engineers to curity, the Chairperson of the Council on En- tions of the Council. improve the process by which the Corps of vironmental Quality,’’ after ‘‘Secretary of (b) PRIORITIZATION OF WATER RESOURCES Engineers analyzes and evaluates water Transportation,’’. PROJECTS.— projects. (g) FUNDING.—In carrying out this section, (1) IN GENERAL.—Not later than 1 year after (2) PUBLIC PARTICIPATION.—The Council the Council shall use funds made available the date of enactment of this Act, the Coun- shall solicit public and expert comment and for the general operating expenses of the cil shall submit to Congress an initial report testimony regarding proposed revisions and Corps of Engineers. containing a prioritized list of each water re- shall subject proposed revisions to public no- SEC. 5. EFFECTIVE PROJECT PLANNING. sources project of the Corps of Engineers tice and comment. (a) DEFINITIONS.—In this section: that is not being carried out under a con- (3) REVISIONS.—Revisions proposed by the (1) AFFECTED STATE.—The term ‘‘affected tinuing authorities program, categorized by Council shall improve water resources State’’ means a State that is located, in project type and recommendations with re- project planning through, among other whole or in part, within the drainage basin spect to a process to compare all water re- things— in which a water resources project is carried sources projects across project type. The (A) focusing Federal dollars on the highest out and that would be economically or envi- Council shall submit to Congress a water resources priorities of the United ronmentally affected as a result of the prioritized list of water resources projects of States; project. the Corps of Engineers every 2 years fol- (B) requiring the use of modern economic (2) DIRECTOR.—The term ‘‘Director’’ means lowing submission of the initial report. In principles and analytical techniques, cred- the Director of Independent Review ap- preparing the prioritization of projects, the ible schedules for project construction, and pointed under subsection (c). Council shall endeavor to balance stability current discount rates as used by all other (3) STUDY.—The term ‘‘study’’ means a fea- in the rankings from year to year with rec- Federal agencies; sibility report, general reevaluation report,

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or environmental impact statement prepared vened earlier on the request of the Chief of (1) CONSIDERATION BY SECRETARY.—If the by the Corps of Engineers. Engineers. Secretary receives an Independent Review (b) PROJECTS SUBJECT TO INDEPENDENT RE- (2) MEMBERSHIP.—A panel of experts estab- Report on a water resources project from a VIEW.— lished by the Director for a project shall be panel of experts under subsection (e)(6), the (1) IN GENERAL.—The Secretary shall en- composed of not less than 5 nor more than 9 Secretary shall, at least 30 days before re- sure that each study for each water re- independent experts (including 1 or more en- leasing a final study for the project, take sources project described in paragraph (2) is gineers, hydrologists, biologists, and econo- into consideration any recommendations subject to review by an independent panel of mists) who represent a range of areas of ex- contained in the report, prepare a written experts established under this section. pertise. explanation for any recommendations not (2) PROJECTS SUBJECT TO REVIEW.—A water (3) LIMITATION ON APPOINTMENTS.—The Di- adopted, and make such written expla- resources project shall be subject to review rector shall apply the National Academy of nations available to the public, including under this section if— Science’s policy for selecting committee through posting on the Internet. (A) the project has an estimated total cost members to ensure that members of a review (2) INCONSISTENT RECOMMENDATIONS AND of more than $25,000,000, including mitigation panel have no conflict with the project being FINDINGS.—Recommendations and findings of costs; reviewed. the Secretary that are inconsistent with the (B) the Governor of an affected State re- (4) CONSULTATION.—The Director shall con- recommendations and findings of a panel of quests in writing to the Secretary the estab- sult with the National Academy of Sciences experts under this section shall not be enti- lishment of an independent panel of experts in developing lists of individuals to serve on tled to deference in a judicial proceeding. for the project; panels of experts under this section. (3) SUBMISSION TO CONGRESS AND PUBLIC (C) the head of a Federal agency charged (5) NOTIFICATION.—To ensure that the Di- AVAILABILITY.—After receiving an Inde- with reviewing the project determines that rector is able to effectively carry out the du- pendent Review Report under subsection the project is likely to have a significant ad- ties of the Director under this section, the (e)(6) or a Final Assessment Report under verse impact on cultural, environmental, or Secretary shall notify the Director in writ- subsection (e)(7), the Secretary shall imme- other resources under the jurisdiction of the ing not later than 120 days before the release diately make a copy of the report available agency, and requests in writing to the Sec- of a draft study for a project costing more to the public. The Secretary also shall im- retary the establishment of an independent than $25,000,000 or for which a preliminary mediately make available to the public any panel of experts for the project; or assessment suggests that a panel of experts written response by the Secretary prepared (D) the Secretary determines that the may be required. pursuant to paragraph (1). Copies of all inde- project is controversial based upon a finding (6) COMPENSATION.—An individual serving pendent review panel reports and all written that— on a panel of experts under this section shall responses by the Secretary also shall be in- (i) there is a significant dispute regarding be compensated at a rate of pay to be deter- cluded in any report submitted to Congress the size, nature, or effects of the project; mined by the Inspector General of the Army. concerning the project. (ii) there is a significant dispute regarding (7) TRAVEL EXPENSES.—A member of a (h) RECORD OF DECISION.—The Secretary the economic or environmental costs or ben- panel of experts under this section shall be shall not issue a record of decision or a re- efits of the project; or allowed travel expenses, including per diem port of the Chief of Engineers for a water re- (iii) there is a significant dispute regarding in lieu of subsistence, at rates authorized for sources project subject to review under this the potential benefits to communities af- an employee of an agency under subchapter section until, at the earliest, 14 days after fected by the project of a project alternative I of chapter 57 of title 5, United States Code, the deadline for submission of the Final As- that was not fully considered in the study. while away from the home or regular place sessment Report required under subsection (3) WRITTEN REQUESTS.—Not later than 30 of business of the member in the perform- (e)(7). days after the date on which the Secretary ance of the duties of the panel. (i) PUBLIC ACCESS TO INFORMATION.—The receives a written request of any party, or on (e) DUTIES OF PANELS.—A panel of experts Secretary shall ensure that information re- the initiative of the Secretary, the Secretary established for a water resources project lating to the analysis of any water resources shall determine whether a project is con- under this section shall— project by the Corps of Engineers, including troversial. (1) review each draft study prepared for the (c) DIRECTOR OF INDEPENDENT REVIEW.— all supporting data, analytical documents, project; and information that the Corps of Engineers (1) IN GENERAL.—The Inspector General of (2) assess the adequacy of the economic, the Army shall appoint in the Office of the has considered in the justification for and scientific, and environmental models used by analysis of the project, is made available to Inspector General of the Army a Director of the Secretary in reviewing the project and Independent Review. The term of a Director the public on the Internet and to an inde- assess whether the best available economic pendent review panel, if a panel is estab- appointed under this subsection shall be 6 and scientific data and methods of analysis years, and an individual may serve as the Di- lished for the project. The Secretary shall have been used; not make information available under this rector for not more than 2 nonconsecutive (3) assess the extent to which the study terms. paragraph if the Secretary determines that complies with the National Water Resources the information is a trade secret of any per- (2) QUALIFICATIONS.—The Inspector General Planning and Modernization Policy estab- of the Army shall select the Director from son that provided the information to the lished by this Act; Corps of Engineers. among individuals who are distinguished ex- (4) evaluate the engineering assumptions perts in engineering, hydrology, biology, ec- (j) COSTS OF REVIEW.— and plans for any flood control structure (1) IN GENERAL.—The cost of conducting a onomics, or another discipline relating to whose failure could result in significant water resources management. The Inspector review of a water resources project under flooding; this section shall not exceed— General of the Army shall not appoint an in- (5) receive from the public written and oral dividual to serve as the Director if the indi- (A) $250,000 for a project, if the total cost of comments concerning the project; the project in current year dollars is less vidual has a financial interest in or close (6) submit an Independent Review Report professional association with any entity than $50,000,000; and to the Secretary that addresses the eco- (B) 0.5 percent of the total cost of the with a financial interest in a water resources nomic, engineering, and environmental anal- project that, on the date of appointment of project in current year dollars, if the total yses of the project, including the conclusions cost is $50,000,000 or more. the Director, is under construction, in the of the panel, with particular emphasis on preconstruction engineering and design (2) WAIVER.—The Secretary may waive areas of public controversy, with respect to these cost limitations if the Secretary deter- phase, or under feasibility or reconnaissance the study; and study by the Corps of Engineers. The Inspec- mines that the waiver is appropriate. (7) submit a Final Assessment Report to (k) APPLICABILITY OF FEDERAL ADVISORY tor General of the Army may establish addi- the Secretary that briefly provides the views tional criteria if necessary to avoid a con- COMMITTEE ACT.—The Federal Advisory of the panel on the extent to which the final Committee Act (5 U.S.C. App.) shall apply to flict of interest between the individual ap- study prepared by the Corps adequately ad- pointed as Director and the projects subject a panel of experts established under this sec- dresses issues or concerns raised by the panel tion. to review. in the Independent Review Report. SEC. 6. MITIGATION. (3) DUTIES.—The Director shall establish a (f) DEADLINES FOR PANEL REPORTS.—A panel of experts to review each water re- panel shall submit its Independent Review (a) MITIGATION.—Section 906(d) of the sources project that is subject to review Report under subsection (e)(6) to the Sec- Water Resources Development Act of 1986 (33 under subsection (b). retary not later than 90 days after the close U.S.C. 2283(d)) is amended— (d) ESTABLISHMENT OF PANELS.— of the public comment period or not later (1) in paragraph (1), by striking ‘‘to the (1) IN GENERAL.—Not later than 90 days be- than 180 days after the panel is convened, Congress’’ and inserting ‘‘to Congress, and fore the release of a draft study subject to whichever is later. A panel shall submit its shall not choose a project alternative in any review under subsection (b)(2)(A), and not Final Assessment Report under subsection final record of decision, environmental im- later than 30 days after a determination that (e)(7) to the Secretary not later than 30 days pact statement, or environmental assess- a review is necessary under subparagraph after release of the final study. The Director ment,’’, and by inserting in the second sen- (B), (C), or (D) of subsection (b)(2), the Direc- may extend these deadlines for good cause tence ‘‘and other habitat types’’ after ‘‘bot- tor shall establish a panel of experts to re- shown. tomland hardwood forests’’; and view the draft study. Panels may be con- (g) RECOMMENDATIONS OF PANEL.— (2) by adding at the end the following:

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.033 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1358 CONGRESSIONAL RECORD — SENATE February 15, 2006 ‘‘(3) MITIGATION REQUIREMENTS.— shall continue until it has been dem- One area that most would agree de- ‘‘(A) MITIGATION.—To mitigate losses to onstrated that the mitigation has met the serves needed attention concerns the flood damage reduction capabilities and fish ecological success criteria.’’. Army Corps system. Funding is distrib- (b) MITIGATION TRACKING SYSTEM.— and wildlife resulting from a water resources uted in a manner that is not always project, the Secretary shall ensure that miti- (1) IN GENERAL.—Not later than 180 days gation for each water resources project com- after the date of enactment of this Act, the awarded the most urgent projects. Be- plies fully with the mitigation standards and Secretary shall establish a recordkeeping cause of this, citizens can end up pay- policies established by each State in which system to track, for each water resources ing for unnecessary and irresponsible the project is located. Under no cir- project constructed, operated, or maintained Army Corps projects with their tax dol- cumstances shall the mitigation required for by the Secretary and for each permit issued lars and their safety. It is time for us a water resources project be less than would under section 404 of the Federal Water Pollu- to take a new approach to how the be required of a private party or other entity tion Control Act (33 U.S.C. 1344)— Army Corps does business. With lessons (A) the quantity and type of wetland and under section 404 of the Federal Water Pollu- learned from Katrina, we can and must tion Control Act (33 U.S.C. 1344). other habitat types affected by the project, ‘‘(B) MITIGATION PLAN.—The specific miti- project operation, or permitted activity; shepherd in a new era within the Army gation plan for a water resources project re- (B) the quantity and type of mitigation re- Corps that prioritizes critical projects quired under paragraph (1) shall include, at a quired for the project, project operation, or and allows the American taxpayers to minimum— permitted activity; know that their money is being spent ‘‘(i) a detailed plan to monitor mitigation (C) the quantity and type of mitigation in an effective and efficient manner. implementation and ecological success, in- that has been completed for the project, The Water Resources Planning and cluding the designation of the entities that project operation, or permitted activity; and Modernization Act is the only Corps re- will be responsible for monitoring; (D) the status of monitoring for the miti- lated measure that has been introduced gation carried out for the project, project op- ‘‘(ii) specific ecological success criteria by in the Senate since Katrina tragically which the mitigation will be evaluated and eration, or permitted activity. determined to be successful, prepared in con- (2) REQUIRED INFORMATION AND ORGANIZA- struck that truly takes a lessons- sultation with the Director of the United TION.—The recordkeeping system shall— learned approach. Any measure acted States Fish and Wildlife Service or the Di- (A) include information on impacts and upon by this Congress regarding the rector of the National Marine Fisheries Serv- mitigation described in paragraph (1) that Corps simply must account for the ice, as appropriate, and each State in which occur after December 31, 1969; and most up to date information available. the project is located; (B) be organized by watershed, project, per- We owe it to the American public. ‘‘(iii) a detailed description of the land and mit application, and zip code. Historically, Congress has considered interests in land to be acquired for mitiga- (3) AVAILABILITY OF INFORMATION.—The water projects costing many billions of tion, and the basis for a determination that Secretary shall make information contained land and interests are available for acquisi- in the recordkeeping system available to the taxpayer dollars as essential expendi- tion; public on the Internet. tures—regardless of the environmental ‘‘(iv) sufficient detail regarding the chosen SEC. 7. PROJECT ADMINISTRATION. costs or public benefits. That is why mitigation sites, and types and amount of (a) CHIEF’S REPORTS.—The Chief of Engi- the modernization procedures in this restoration activities to be conducted, to neers shall not submit a Chief’s report to bill are designed to achieve more crit- permit a thorough evaluation of the likeli- Congress recommending construction of a ical and cost-effective expenditures for hood of the ecological success and aquatic water resources project until that Chief’s re- Corps water projects that will yield port has been reviewed and approved by the and terrestrial resource functions and habi- more environmental, economic, and so- tat values that will result from the plan; and Secretary of the Army. ‘‘(v) a contingency plan for taking correc- (b) PROJECT TRACKING.—The Secretary cial benefits. The need for these tive actions if monitoring demonstrates that shall assign a unique tracking number to changes has been acknowledged by mitigation efforts are not achieving ecologi- each water resources project, to be used by many for some time, but never has the cal success as described in the ecological each Federal agency throughout the life of need to spend scarce taxpayer dollars success criteria. the project. wisely been as crucial as it is now. (c) REPORT REPOSITORY.—The Secretary ‘‘(4) DETERMINATION OF MITIGATION SUC- shall maintain at the Library of Congress a The Corps procedures for planning CESS.— copy of each final feasibility study, final en- and approving projects, as well as the ‘‘(A) IN GENERAL.—Mitigation under this vironmental impact statement, final re- Congressional system for funding subsection shall be considered to be success- evaluation report, record of decision, and re- projects, are broken, but they can be ful at the time at which monitoring dem- port to Congress prepared by the Corps of onstrates that the mitigation has met the fixed. The reforms in our bill are based Engineers. These documents shall be made ecological success criteria established in the on thorough program analysis and available to the public for review, and elec- common sense. I commend Senator mitigation plan. tronic copies of those documents shall be ‘‘(B) EVALUATION AND REPORTING.—The permanently available, through the Internet FEINGOLD for his efforts to build on and Secretary shall consult annually with the website of the Corps of Engineers. improve upon the legislation we have Director of the United States Fish and Wild- Mr. MCCAIN. Mr. President, I am previously introduced. Corps mod- life Service and the Director of the National pleased to join with Senator FEINGOLD ernization has been a priority that Marine Fisheries Service, as appropriate, Senator FEINGOLD and I have shared for and each State in which the project is lo- in introducing the Water Resources cated, on each water resources project re- Planning and Modernization Act of years but never before has there been quiring mitigation to determine whether 2006. This legislation is designed to such an appropriate atmosphere and mitigation monitoring for that project dem- take a post-Katrina approach to Army urgent need to move forward on these onstrates that the project is achieving, or Corps of Engineers projects. It would overdue reforms. has achieved, ecological success. Not later provide for a more effective system for Provisions of the legislation we are than 60 days after the date of completion of selecting and funding Army Corps introducing today provide for a process the annual consultation, the Director of the projects that help to protect our citi- to modify and modernize the Corps United States Fish and Wildlife Service or zens against damage caused by floods, planning and approval procedures to the Director of the National Marine Fish- consider economic, public, and environ- eries Service, as appropriate, shall, and each hurricanes and other natural disasters. State in which the project is located may, Last August this Nation witnessed a mental objectives. Independent review submit to the Secretary a report that de- horrible national disaster. When Hurri- of Corps projects and a clear national scribes— cane Katrina hit, it brought with it de- prioritization of Corps projects would ‘‘(i) the ecological success of the mitiga- struction and tragedy beyond compare; ensure that the most beneficial tion as of the date of the report; more so than our Nation has seen in projects are constructed. Effective ‘‘(ii) the likelihood that the mitigation decades. Some six months later, the measures for mitigation of environ- will achieve ecological success, as defined in Gulf Coast region is still largely in the mental and other damage caused by the mitigation plan; early stages of attempting to rebuild projects would be required and mon- ‘‘(iii) the projected timeline for achieving that success; and and recover and there is a long road itored. ‘‘(iv) any recommendations for improving ahead. As our Nation continues to dedi- With support from Taxpayers for the likelihood of success. cate significant resources to the recon- Common Sense Action, National Tax- The Secretary shall respond in writing to the struction effort, we must be vigilant in payers Union, Citizens Against Govern- substance and recommendations contained our oversight obligations and take ap- ment Waste, American Rivers, Na- in such reports not later than 30 days after propriate actions based on the many tional Wildlife Federation, the date of receipt. Mitigation monitoring lessons learned from this tragedy. Earthjustice, Environmental Defense,

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.033 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1359 Republicans for Environmental Protec- do. I hope my colleagues will take a rest is used to manufacture plastics tion, Sierra Club, and the World Wild- close look at the bill and can support that go into things such as cars, com- life Fund, the bill has broad interest it. puters, and medical equipment. Fer- and impact. tilizer and pharmaceutical production Water projects that provide economic By Mr. PRYOR (for himself, Mr. is highly dependent on natural gas. In and environmental benefits to our Na- WARNER, and Mr. TALENT): fact, for nitrogen fertilizer, a total of tion’s citizens—the hardworking Amer- S. 2290. A bill to provide for afford- 93 percent of the production cost of ican taxpayers—serve the common able natural gas by rebalancing domes- that fertilizer is the component of nat- good and reflect our common interest tic supply and demand and to promote ural gas. in fiscal responsibility. the production of natural gas from do- The price of natural gas—which, by I urge my colleagues to support this mestic resources; to the Committee on the way, is one-quarter of the energy of legislation. Energy and Natural Resources. this country—has more than doubled in Mr. WARNER. Mr. President, I am the past year and it is anticipated that By Mr. BUNNING: privileged to rise with the distin- over the next 20 years you will see a 40- S. 2289. A bill to amend title XVIII of guished Senator from Arkansas to in- percent increase for the usage and need the Social Security Act to increase the troduce a bill today entitled the Reli- of natural gas in the United States. per resident payment floor for direct able and Affordable Natural Gas En- Another thing about natural gas that graduate medical education payments ergy Reform Act of 2006 makes it very different than oil is nat- under the Medicare program; to the In September of 2005, at the time the ural gas is not easy to ship across Committee on Finance. Senate was examining a number of en- oceans. Certainly there is some liquid Mr. BUNNING. Mr. President, today I ergy proposals under the distinguished natural gas technology out there, but a am introducing important legislation chairmanship of Senator DOMENICI, I vast majority—all but a tiny fraction that will have an impact on many of introduced a bill at that time quite of the natural gas we use in this coun- the hospitals in my State, along with similar to this one, although it in- try—comes from United States wells, hundreds of hospitals in other States. cluded oil. This measure sticks to gas, or comes out of Canada. We have a This legislation deals specifically with and gas only, to enable the several great reserve of natural gas, not only the Medicare payments for Direct States across our Nation to take such in the Continental United States, not Graduate Medical Education—also steps under State law, in combination only in Alaska, but also off our shores. known as DGME. with the Governors and the respective Most notably, the one that most people I am pleased that Congressman RON legislatures of the several States that are aware of is in the Gulf of Mexico. LEWIS from Kentucky’s Second District desire to explore and the desire to drill Our legislation will allow the Sec- is the lead sponsor of a companion bill for energy off their shores. That bill as retary of the Interior to offer natural already introduced in the House of yet is still on the docket. gas leases as part of the Outer Conti- Representatives. Since that time I have had the great nental Shelf leasing program. Medicare pays teaching hospitals for pleasure of joining my colleague from Let me say this: As Senator WARNER its share of the cost of training new Arkansas to put this bill in. I am de- of Virginia said a few moments ago, we physicians. These payments are known lighted that he indicated he would like are referring only to natural gas. We as DGME payments. Teaching hos- to step forward and take the lead. I have been very careful to make sure pitals initially reported their direct readily accede to that request. this bill does not include petroleum or costs to the Department of Health and So much of the concern about drill- oil. Human Services in the mid-1980s. These ing offshore is understandably in—and I hope no one will be confused by an reported amounts are now the basis for I am not here to criticize—the environ- earlier draft because we included some which each teaching hospital is reim- mental community. I think my col- references to oil, but we have very bursed. league from Arkansas can help me carefully taken all of those out of the Unfortunately, there was a disparity eventually convince the environmental bill. I think the bill is very clear on in the types of costs each hospital re- community that the time has come for that point now, that this refers only to ported, which has lead to large dispari- offshore drilling. natural gas supply and exploration. ties in payments between hospitals. Two things have occurred in the in- Mr. WARNER. Mr. President, will the Hospitals are also being reimbursed on terim between the 1988 moratorium, Senator yield for a moment on that data that is 20 years old, at this point. namely advancement in technology so point? To help rectify this problem, in 1999 we can safely, by engineering, put the Mr. PRYOR. Yes. Congress established a floor for calcu- wells in; and the second is the ever- Mr. WARNER. Mr. President, we ear- lating Medicare payments for DGME at tightening noose around the citizens of lier distributed material which referred 70 percent of the national average. In the United States of America with re- to oil which was in an earlier draft. I 2001, Congress raised the floor to 85 per- gard to their energy sources. The third have been in contact with the environ- cent of the national average. thing that is occurring is the growing mental community, and so forth. It is The legislation I am introducing competition for energy worldwide— clear to me at this point in time that today would bring all of Medicare’s India coming on with enormous con- we have in this bill just gas. My fer- DGME hospitals up 100 percent of the sumption requirements, and China vent hope and belief is that the envi- national average. This is an important with even larger consumption require- ronmental community will see the ad- change that would help many teaching ments. vancements in technology and the tre- hospitals in Kentucky and across the I think the time has come that the mendous requirements of this country Nation be fairly reimbursed for train- Congress begin to reexamine its old for natural gas, that we can restrict it ing our young doctors. policies with regard to those lands off- to gas. For example, there are 19 hospitals in shore of our several States. At a later time, if we are successful Kentucky that currently receive reim- At this time, I yield the floor to my in proving that the natural gas can be bursements below the national aver- colleague from Arkansas. drawn and is safe, which I am confident age. This means that Kentucky hos- The PRESIDING OFFICER. The Sen- we can do, maybe due to world cir- pitals lose more than two million a ator from Arkansas is recognized. cumstances and domestic cir- year because of the lower reimburse- Mr. PRYOR. Mr. President, as the cumstances we could go back at that ment rate. Across the country, there distinguished Senator from Virginia time and revisit the issue of oil. are about 600 hospitals being reim- acknowledged, we have a problem when I thank the Senator. bursed below the national average. it comes to the high cost of natural Mr. PRYOR. I thank the Senator. This legislation takes an important gas. We feel strongly that this bill Mr. President, another very impor- step to ensure that Medicare’s payment which we are cosponsoring can be part tant point, which is the essence of this policy for teaching hospitals are fair of the solution. legislation, goes to the moratorium on and that these institutions can con- About one-quarter of all natural gas exploration of the Outer Continental tinue to do the important work they is used to produce electricity, but the Shelf. This bill allows that moratorium

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.034 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1360 CONGRESSIONAL RECORD — SENATE February 15, 2006 to stay in place until the year 2012. It But, unfortunately our former Gov- without the opportunity for discussion allows coastal States to, either out of ernor—and I get along very well with and debate, and without the knowledge that moratorium, if they so choose, or Governor Warner—for reasons which he or consent of many of the conferees. if after that moratorium expires, to opt expressed, felt at this time the legisla- Unfortunately, this Republican plan into continuing that moratorium. It tion shouldn’t go forward in this ses- will do nothing to protect the Amer- gives States, legislatures, Governors, sion of the Virginia General Assembly. ican people. Rather than encouraging State officials, elected officials, et Again, the Senate stepped forward and companies to make safe and effective cetera, the ability to control some of passed legislation along the lines of medicines, it will provide a perverse in- the things that are going on on their what the General Assembly of Virginia centive by protecting those companies coastlines. did last year. It is my hope the House that make ineffective or harmful prod- I think that is a very important will do likewise, and that our new Gov- ucts. And rather than encouraging point here because this could be a good ernor, Governor Kaine, will take it Americans to be vaccinated or take a revenue source for these States. It under consideration, should both needed medication, it will discourage could be a good economic boom to houses act—and hopefully they will act them from doing so by failing to pro- some of these States. Certainly we upon it favorably. Virginia is in a key vide guaranteed care for the few who have included revenue sharing, which I location, and its citizens could benefit will inevitably be injured by these think is important to make this work. enormously if in fact earlier analysis products. Make no mistake about it; I am very pleased that Senator WAR- of the shelf off of our State is con- this plan will fail to protect our Na- NER and I have been able to work to- firmed as possessing resources of en- tion. gether and come up with what we ergy, namely natural gas. I say this with confidence because we think is a very commonsense solution, I thank my colleague from Arkansas. have been down this path before. Three or at least part of a solution, to a very He is a marvelous working partner. I years ago, the Bush administration serious problem our country is facing. look forward to working with him. launched a program to inoculate mil- Arkansas farmers—and I am sure it I yield the floor. lions of first responders against small- is true with most other States’ farmers pox. Ignoring public health experts, the as well—had a difficult and disastrous By Mr. KENNEDY (for himself, administration failed to establish a year last year when it came to agri- Mr. DODD, Mr. HARKIN, and Mr. compensation program to provide help culture. One of the main reasons it has BINGAMAN): to those injured by the vaccine. Doc- been so hard is their costs have gone S. 2291. A bill to provide for the es- tors, nurses, firefighters and other first up—the high cost of fertilizer and fuel. tablishment of a biodefense injury responders who would be on the front They use a lot of natural gas when it compensation program and to provide lines in the event of a smallpox attack comes to drying grain, et cetera. The indemnification for producers of coun- by terrorists were not willing to roll high cost of energy is killing our farm- termeasures; to the Committee on the dice and risk the future of their ers, and it is certainly hurting our Health, Education, Labor, and Pen- families without compensation for manufacturing sector as well. sions. their losses if they were injured, dis- The high price of natural gas is bad Mr. DODD. Mr. President, I rise for the economy, but it is also bad for abled, or even killed by its side effects. today to join Senator KENNEDY in in- Most refused to participate, and the our energy security. That is one thing troducing a bill, the Responsible Public which I don’t think we can overempha- program was a failure. Readiness and Emergency Prepared- On November 9 of last year, while size here today. I think it is critical ness Act, that will correct a grievous testifying before the Senate Foreign that we have a high level of energy se- mistake made by some of my Repub- Relations Committee, Dr. Julie curity for this country. I am proud to lican colleagues. Our legislation will Gerberding, the Director of the Centers join my very distinguished colleague take responsible steps to protect the from Virginia to do our very best to for Disease Control and Prevention American people from one of the great- offer a solution to help American fami- (CDC), was asked about the expected est threats facing our nation—a pan- lies and help American businesses. success of a biodefense plan that does I yield the floor. demic flu, bioterror attack or infec- not include fair compensation to peo- Mr. WARNER. Mr. President, our tious disease outbreak. ple injured by the very medicines they committee, under the leadership of Congress should have no higher pri- thought would help them. She re- Senator DOMENICI, is putting forward a ority than protecting the safety, secu- sponded: ‘‘Well, I certainly feel that proposal. I spoke with him today. This rity, and health of the American peo- from the standpoint of the smallpox bill does not, in my judgment—and I ple. Public health experts have warned vaccination program, that the absence hope he concurs eventually—conflict in that a severe avian flu epidemic could of a compensation program that was any way with the objectives he is try- lead to worldwide panic, cost millions acceptable to the people we were hop- ing to achieve. He is a man who thinks of lives, and result in untold economic ing to vaccinate was a major barrier— forwardly and is so knowledgeable on damage. and I think we’ve learned some lessons the question of energy, the domestic In order to prevent these dire projec- from that.’’ situation here and the worldwide impli- tions from becoming a reality, we have On November 20 of last year, while cation, and I think eventually he will no choice but to be prepared for such appearing on NBC’s Meet the Press, be looking at something, and this may an event. One of the indispensable com- Secretary of Health and Human Serv- be a vehicle on which the Energy Com- ponents of a biodefense plan is the ices Mike Leavitt said that along with mittee will focus as they take the next availability of safe and effective vac- limits on liability, ‘‘adequate com- step and begin to recognize the need to cines and medicines. To achieve this pensation . . . needs to be made for have some offshore drilling. goal, a biodefense plan must have two those who are hurt.’’ I thank my colleague on the Energy critical components. First, it must en- Many groups representing the public Committee. courage drug companies to develop and health community and first responders, I conclude my remarks by saying I manufacture effective medicines to including the American Public Health am proud of the State of Virginia and counteract a disease or flu. Second, it Association, the American Nurses As- its legislature. In the last session of must encourage first responders, sociation, and the American Federa- the Virginia State legislature in the health care workers, and ordinary citi- tion of State, County, and Municipal year 2005, both houses passed legisla- zens to take those medicines before, Employees, have been outspoken about tion authorizing precisely what we during, or after an attack or outbreak. the need for a compensation program. have here. In other words, let us go out In December of last year, some of my Yet despite our past experience, de- and take a look at the shelf, find out Republican colleagues inserted lan- spite the position taken by those at what may or may not be off the coast guage that contained neither of these high levels in the administration, and of Virginia, and determine the accessi- critical components into the Depart- despite the warnings of those who bility and the feasibility and interest ment of Defense Appropriations con- would be on the front lines in the event among industry to come and partici- ference report. This was done at the of an outbreak, the Republican leader- pate in the drilling. last minute, in the middle of the night, ship in Congress included language in

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.042 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1361 the Defense Appropriations conference program established by our bill is mod- gram (referred to in this subsection as the report that repeats the mistakes of the eled on one of those past successes—the ‘Compensation Program’) under which com- past, and endangers American lives. If Vaccine Injury Compensation Program pensation may be paid for death or any in- and when we have a vaccine to protect (VICP). The VICP has successfully jury, illness, disability, or condition that is against a pandemic flu, we must pro- incentivized the manufacturers of rec- likely (based on best available evidence) to have been caused by the administration of a vide first responders with a reasonable ommended childhood vaccines, encour- covered countermeasure to an individual assurance that it will be as safe as can aged families to have their children pursuant to a declaration under subsection reasonably be expected, and that they vaccinated, and compensated those (p)(2). and their families will be taken care of who are injured. ‘‘(2) ADMINISTRATION AND INTERPRETA- should they be injured. This plan does Senator KENNEDY and I spent several TION.—The statutory provisions governing not provide that assurance, and once months last year negotiating with Sen- the Compensation Program shall be adminis- again, first responders will refuse to ator ENZI, Senator BURR, Senator tered and interpreted in consideration of the participate. GREGG, Senator FRIST, and others on program goals described in paragraph Those who inserted this provision the Health, Education, Labor, and Pen- (4)(B)(iii). into the Conference Report during late sions Committee to try to reach a bi- ‘‘(3) PROCEDURES AND STANDARDS.—The night backroom negotiations claim partisan compromise on this issue. We Secretary shall by regulation establish pro- that it includes compensation. But made several proposals, modeled on cedures and standards applicable to the Com- pensation Program that follow the proce- make no mistake—there is no guaran- past Congressional action, to protect teed compensation in this bill. There is dures and standards applicable under the Na- manufacturers from frivolous lawsuits tional Vaccine Injury Compensation Pro- a provision to set up a compensation while providing fair and adequate com- gram established under section 2110, except fund, but there is absolutely no guar- pensation to those who are injured. that the regulations promulgated under this antee that this fund will ever see a Unfortunately, the decision was paragraph shall permit a person claiming in- penny. The authors of this provision made to forego this bipartisan process. jury or death related to the administration are claiming to take care of the in- Instead, a non-germane provision was of any covered countermeasure to file ei- jured, without providing any guarantee inserted into a massive appropriations ther— that it will ever happen. They are mak- bill in the final hours of last session of ‘‘(A) a civil action for relief under sub- ing an empty promise. Congress. Furthermore, it is my under- section (p); or Not only will this plan fail to com- standing that this language was in- ‘‘(B) a petition for compensation under this subsection. pensate those first responders and ordi- serted after members had signed the ‘‘(4) INJURY TABLE.— nary citizens injured or even killed by Conference Report, some doing so with a vaccine, but it will also protect man- ‘‘(A) INCLUSION.—For purposes of receiving the understanding that this language ufacturers even when they act with dis- compensation under the Compensation Pro- was not included. I am disturbed and regard for the safety of their products. gram with respect to a countermeasure that disappointed by this blatant abuse of This is an incredibly dangerous and in- is the subject of a declaration under sub- power and disregard for Senate proce- section (p)(2), the Vaccine Injury Table appropriate incentive. We should be en- under section 2114 shall be deemed to include couraging manufacturers to make safe dures. I can only assume that the sup- porters of this provision used this tac- death and the injuries, disabilities, illnesses, products, not protecting them when and conditions specified by the Secretary they make products that harm the tic because they knew that their plan would not stand up to public scrutiny under subparagraph (B)(ii). American people. ‘‘(B) INJURIES, DISABILITIES, ILLNESSES, AND and Senate debate. Let me make it perfectly clear that I CONDITIONS.— I am confident that if the Senate am not against the idea of providing ‘‘(i) INSTITUTE OF MEDICINE.—Not later than limited liability protection for manu- were to consider this issue carefully, 30 days after making a declaration described facturers in order to encourage the de- we would choose to reject the failed in subsection (p)(2), the Secretary shall enter velopment of vaccines and medicines to policies of the past, and enact a policy into a contract with the Institute of Medi- protect the American people in the that really protects the American peo- cine, under which the Institute shall, within event of an outbreak or bioterror at- ple—a biodefense program that encour- 180 days of the date on which the contract is tack. But such liability protection ages manufacturers to make safe and entered into, and periodically thereafter as must adhere to certain principles. effective vaccines and medicines, and new information, including information de- rived from the monitoring of those who were First, it must not protect manufactur- provides compensation to those indi- viduals who are injured by those vac- administered the countermeasure, becomes ers that act with careless disregard for available, provide its expert recommenda- the safety and effectiveness of their cines and medicines. tions on the injuries, disabilities, illnesses, product. And second, because even the Mr. President, I ask unanimous con- and conditions whose occurrence in one or safest vaccine will harm a small per- sent that the text of the bill be printed more individuals are likely (based on best centage of the people who take it, li- in the RECORD. available evidence) to have been caused by ability protection must be coupled There being no objection, the text of the administration of a countermeasure that with an adequate compensation pro- the bill was ordered to be printed in is the subject of the declaration. gram so that injured patients are prop- the RECORD, as follows: ‘‘(ii) SPECIFICATION BY SECRETARY.—Not erly cared for and not left destitute. S. 2291 later than 30 days after the receipt of the ex- The legislation that Senator KEN- Be it enacted by the Senate and House of Rep- pert recommendations described in clause (i), the Secretary shall, based on such rec- NEDY and I are introducing today ad- resentatives of the United States of America in ommendations, specify those injuries, dis- heres to these principles. It repeals the Congress assembled, abilities, illnesses, and conditions deemed to Republican provision passed in Decem- SECTION 1. SHORT TITLE, This Act may be cited as the ‘‘Responsible be included in the Vaccine Injury Table ber, and replaces it with tried-and-true under section 2114 for the purposes described solutions that will encourage the pro- Public Readiness and Emergency Prepared- ness Act’’. in subparagraph (A). duction of vaccines and drugs without ‘‘(iii) PROGRAM GOALS.—The Institute of SEC. 2. REPEAL. leaving patients to fend for themselves The Public Readiness and Emergency Pre- Medicine, under the contract under clause if they are injured. Our legislation will paredness Act (division C of the Department (i), shall make such recommendations, the ensure that the reputable and respon- of Defense, Emergency Supplemental Appro- Secretary shall specify, under clause (ii), sible manufacturers of needed medi- priations to Address Hurricanes in the Gulf such injuries, disabilities, illnesses, and con- cines—and the doctors, nurses, and of Mexico, and Pandemic Influenza Act, 2006 ditions, and claims under the Compensation hospitals who administer them in good (Public Law 109-148)) is repealed. Program under this subsection shall be proc- essed and decided taking into account the faith—will be protected from frivolous SEC. 3. NATIONAL BIODEFENSE INJURY COM- PENSATION PROGRAM. following goals of such program: lawsuits that might deter them from ‘‘(I) To encourage persons to develop, man- making and administering such medi- (a) ESTABLISHMENT.—Section 224 of the Public Health Service Act (42 U.S.C. 233) is ufacture, and distribute countermeasures, cines. But those injured by these medi- amended by adding at the end the following: and to administer covered countermeasures cines will be justly compensated for ‘‘(q) BIODEFENSE INJURY COMPENSATION to individuals, by limiting such persons’ li- their injuries. PROGRAM.— ability for damages related to death and Congress has adopted this type of so- ‘‘(1) ESTABLISHMENT.—There is established such injuries, disabilities, illnesses, and con- lution in the past. The compensation the Biodefense Injury Compensation Pro- ditions.

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.036 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1362 CONGRESSIONAL RECORD — SENATE February 15, 2006 ‘‘(II) To encourage individuals to consent from the same source of funds as payments tration of a covered countermeasure regard- to the administration of a covered counter- made under subsection (p).’’. less of whether— measure by providing adequate and just com- (b) EFFECTIVE DATE.—This section shall ‘‘(i) the cause of action seeking compensa- pensation for damages related to death and take effect as of November 25, 2002 (the date tion is alleged as negligence, strict liability, such injuries, disabilities, illnesses, or condi- of enactment of the Homeland Security Act breach of warranty, failure to warn, or other tions. of 2002 (Pub. L. 107–296; 116 Stat. 2135)). action; or ‘‘(III) To provide individuals seeking com- SEC. 4. INDEMNIFICATION FOR MANUFACTURERS ‘‘(ii) the covered countermeasure is des- pensation for damages related to the admin- AND HEALTH CARE PROFESSIONALS ignated as a qualified anti-terrorism tech- istration of a countermeasure with a non-ad- WHO ADMINISTER MEDICAL PROD- nology under the SAFETY Act (6 U.S.C. 441 versarial administrative process for obtain- UCTS NEEDED FOR BIODEFENSE. et seq.). Section 224(p) of the Public Health Service ing adequate and just compensation. ‘‘(E) GOVERNING LAW.—Notwithstanding Act (42 U.S.C. 233(p)) is amended— ‘‘(iv) USE OF BEST AVAILABLE EVIDENCE.— the provisions of section 1346(b)(1) and chap- The Institute of Medicine, under the con- (1) in the subsection heading by striking ter 171 of title 28, United States Code, as MALLPOX’’; tract under clause (i), shall make such rec- ‘‘S they relate to governing law, the liability of (2) in paragraph (1), by striking ‘‘against ommendations, the Secretary shall specify, the United States as provided in this sub- smallpox’’; under clause (ii), such injuries, disabilities, section shall be in accordance with the law (3) in paragraph (2)— illnesses, and conditions, and claims under of the place of injury. (A) in the paragraph heading, by striking the Compensation Program under this sub- ‘‘(F) MILITARY PERSONNEL AND UNITED ‘‘AGAINST SMALLPOX’’; and section shall be processed and decided using STATES CITIZENS OVERSEAS.— (B) in subparagraph (B), by striking clause the best available evidence, including infor- ‘‘(i) MILITARY PERSONNEL.—The liability of (ii); mation from adverse event reporting or the United States as provided in this sub- (4) by striking paragraph (3) and inserting other monitoring of those individuals who section shall extend to claims brought by the following: were administered the countermeasure, United States military personnel. ‘‘(3) EXCLUSIVITY; OFFSET.— whether evidence from clinical trials or ‘‘(ii) CLAIMS ARISING IN A FOREIGN COUN- ‘‘(A) EXCLUSIVITY.—With respect to an in- other scientific studies in humans is avail- TRY.—Notwithstanding the provisions of sec- dividual to which this subsection applies, able. tion 2680(k) of title 28, United States Code, such individual may bring a claim for relief ‘‘(v) APPLICATION OF SECTION 2115.—With re- the liability of the United States as provided spect to section 2115(a)(2) as applied for pur- under— for in the subsection shall extend to claims poses of this subsection, an award for the es- ‘‘(i) this subsection; based on injuries arising in a foreign country tate of the deceased shall be— ‘‘(ii) subsection (q); or where the injured party is a member of the ‘‘(I) if the deceased was under the age of 18, ‘‘(iii) part C. United States military, is the spouse or child an amount equal to the amount that may be ‘‘(B) ELECTION OF ALTERNATIVES.—An indi- of a member of the United States military, paid to a survivor or survivors as death bene- vidual may only pursue one remedy under or is a United States citizen. fits under the Public Safety Officers’ Bene- subparagraph (A) at any one time based on ‘‘(iii) GOVERNING LAW.—With regard to all fits Program under subpart 1 of part L of the same incident or series of incidents. An claims brought under clause (ii), and not- title I of the Omnibus Crime Control and individual who elects to pursue the remedy withstanding the provisions of section Safe Streets Act of 1968 (42 U.S.C. 3796 et under subsection (q) or part C may decline 1346(b)(1) and chapter 171 of title 28, United seq.); or any compensation awarded with respect to States Code, and of subparagraph (C), as they ‘‘(II) if the deceased was 18 years of age or such remedy and subsequently pursue the relate to governing law, the liability of the older, the greater of— remedy provided for under this subsection. United States as provided in this subsection ‘‘(aa) the amount described in subclause An individual who elects to pursue the rem- shall be in accordance with the law of the (I); or edy provided for under this subsection may claimant’s domicile in the United States or ‘‘(bb) the projected loss of employment in- not subsequently pursue the remedy pro- most recent domicile with the United come, except that the amount under this vided for under subsection (q) or part C. States.’’; and item may not exceed an amount equal to 400 ‘‘(C) STATUTE OF LIMITATIONS.—For pur- (6) in paragraph (7)— percent of the amount that applies under poses of determining how much time has (A) by striking subparagraph (A) and in- item (aa). lapsed when applying statute of limitations serting the following: ‘‘(vi) APPLICATION OF SECTION 2116.—Sec- requirements relating to remedies under sub- ‘‘(A) COVERED COUNTERMEASURE.—The term tion 2116(b) shall apply to injuries, disabil- paragraph (A), any limitation of time for ‘covered countermeasure’, means— ities, illnesses, and conditions initially spec- commencing an action, or filing an applica- ‘‘(i) a substance that is— ified or revised by the Secretary under tion, petition, or claim for such remedies, ‘‘(I)(aa) used to prevent or treat smallpox clause (ii), except that the exceptions con- shall be deemed to have been suspended for (including the vaccinia or another vaccine); tained in paragraphs (1) and (2) of such sec- the periods during which an individual pur- or tion shall not apply. sues a remedy under such subparagraph. ‘‘(bb) vaccinia immune globulin used to ‘‘(C) RULE OF CONSTRUCTION.—Section 13632 ‘‘(D) OFFSET.—The value of all compensa- control or treat the adverse effects of (a)(3) of Public Law 103–66 (107 Stat. 646) tion and benefits provided under subsection vaccinia inoculation; and (making revisions by Secretary to the Vac- (q) or part C of this title for an incident or ‘‘(II) specified in a declaration under para- cine Injury Table effective on the effective series of incidents shall be offset against the graph (2); or date of a corresponding tax) shall not be con- amount of an award, compromise, or settle- ‘‘(ii) a drug (as such term is defined in sec- strued to apply to any revision to the Vac- ment of money damages in a claim or suit tion 201(g)(1) of the Federal Food, Drug, and cine Injury Table made under regulations under this subsection based on the same inci- Cosmetic Act), biological product (as such under this paragraph. dent or series of incidents.’’; term is defined in section 351(i) of this Act), ‘‘(5) APPLICATION.—The Compensation Pro- (5) in paragraph (6)— or device (as such term is defined in section gram applies to any death or injury, illness, (A) in subparagraph (A), by inserting ‘‘or 201(h) of the Federal Food, Drug, and Cos- disability, or condition that is likely (based under subsection (q) or part C’’ after ‘‘under metic Act) that— on best available evidence) to have been this subsection’’; and ‘‘(I) the Secretary determines to be a pri- caused by the administration of a covered (B) by redesignating subparagraph (B) as ority (consistent with sections 302(2) and countermeasure to an individual pursuant to subparagraph (C); 304(a) of the Homeland Security Act of 2002) a declaration under subsection (p)(2). (C) by inserting after subparagraph (A), the to treat, identify, or prevent harm from any ‘‘(6) SPECIAL MASTERS.— following: biological, chemical, radiological, or nuclear ‘‘(A) HIRING.—In accordance with section ‘‘(B) GROSSLY NEGLIGENT, RECKLESS, OR IL- agent identified as a material threat under 2112, the judges of the United States Claims LEGAL CONDUCT AND WILLFUL MISCONDUCT.— section 319F–2(c)(2)(A)(ii), or to treat, iden- Court shall appoint a sufficient number of For purposes of subparagraph (A), grossly tify, or prevent harm from a condition that special masters to address claims for com- negligent, reckless, or illegal conduct or may result in adverse health consequences or pensation under this subsection. willful misconduct shall include the adminis- death and may be caused by administering a ‘‘(B) BUDGET AUTHORITY.—There are appro- tration by a qualified person of a covered drug, biological product, or device against priated to carry out this subsection such countermeasure to an individual who was such an agent; sums as may be necessary for fiscal year 2006 not within a category of individuals covered ‘‘(II) is— and each fiscal year thereafter. This sub- by a declaration under subsection (p)(2) with ‘‘(aa) authorized for emergency use under paragraph constitutes budget authority in respect to such countermeasure where the section 564 of the Federal Food, Drug, and advance of appropriations and represents the qualified person fails to have had reasonable Cosmetic Act, so long as the manufacturer of obligation of the Federal Government. grounds to believe such individual was with- such drug, biological product, or device has— ‘‘(7) COVERED COUNTERMEASURE.—For pur- in such a category.’’; and ‘‘(AA) made all reasonable efforts to obtain poses of this subsection, the term ‘covered (D) by adding at the end the following: applicable approval, clearance, or licensure; countermeasure’ has the meaning given to ‘‘(D) LIABILITY OF THE UNITED STATES.—The and such term in subsection (p)(7)(A). United States shall be liable under this sub- ‘‘(BB) cooperated fully with the require- ‘‘(8) FUNDING.—Compensation made under section with respect to a claim arising out of ments of the Secretary under such section the Compensation Program shall be made the manufacture, distribution, or adminis- 564; or

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.038 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1363 ‘‘(bb) approved or licensed solely pursuant mittee wrote to Stephen A. Perry, Ad- Federal agencies but the private sector to the regulations under subpart I of part 314 ministrator of GSA, to exercise his and our colleges and universities. or under subpart H of part 601 of title 21, statutory authority to exempt the ju- As this Senate gets to work on the Code of Federal Regulations (as in effect on diciary from rental payments in excess fiscal year 2007 budget, our country’s the date of enactment of the National Bio- fiscal discipline and accountability defense Act of 2005); and of those required to operating and ‘‘(III) is specified in a declaration under maintaining Federal court buildings must be improved. We have a budget paragraph (2).’’; and and related costs. On May 31, 2005, Mr. deficit not because the Federal Govern- (B) in subparagraph (B)— Perry wrote back and denied this sen- ment has a revenue problem; it is be- (i) by striking clause (ii), and inserting the sible request. Mr. Perry referred to the cause the Federal Government has a following: judiciary as ‘‘one of our largest and spending problem. The Government ‘‘(ii) a health care entity, a State, or a po- most valued tenants,’’ but a more apt doesn’t tax too little, it spends too litical subdivision of a State under whose description would have been one of its much. We must focus our efforts on auspices such countermeasure was adminis- spending the people’s money much tered;’’ and most valued profit centers. (vi) in clause (viii), by inserting before the The judiciary paid $926 million to smarter, not taking more of their period ‘‘if such individual performs a func- GSA in fiscal year 2005, but GSA’s ac- money because it is convenient or ex- tion for which a person described in clause tual cost of providing space to the judi- pedient. (i), (ii), or (iv) is a covered person’’. ciary was only $426 million, a dif- Now, to control spending, I have re- ference of $500 million. The judiciary in vived a pair of ideas that Ronald By Mr. SPECTER (for himself, essence is being used as a profit center Reagan advocated when he was Presi- Mr. LEAHY, Mr. CORNYN, Mr. by GSA, which accomplishes this by dent. In Ronald Reagan’s farewell ad- CHAMBLISS, and Mrs. FEIN- charging for such fictitious costs as dress to the American people, he said STEIN): real estate tax which GSA does not in there were two things he wished he had S. 2292. A bill to provide relief for the fact pay and forcing the judiciary to accomplished as President, and what Federal judiciary from excessive rent pay for buildings that have been fully he wanted future Presidents, both Re- charges; to the Committee on the Judi- amortized, not only once but several publican and Democrat, to have. They ciary. times. were the line-item veto and a constitu- Mr. SPECTER. Mr. President, I seek This legislation provides a relatively tional amendment to balance the budg- recognition to speak in support of leg- modest and simple fix to this near cri- et. islation, cosponsored by Senators sis in the Federal judiciary, and I urge As always, and so often, Ronald LEAHY, CORNYN, CHAMBLISS, and FEIN- my colleagues to support it. Reagan was right. That is why I have STEIN, which I am introducing today to made the line-item veto and the bal- address a major problem affecting the By Mr. ALLEN: anced budget amendment the first two Federal judiciary, specifically exces- S.J. Res. 31. A joint resolution pro- points of my three-point plan to bring sive rental charges by the General posing an amendment to the Constitu- fiscal accountability and responsibility Services Administration for court- tion of the United States relative to re- to Washington. houses and other space occupied by the quire a balancing of the budget; to the Let’s start first with the line-item courts across the country. This legisla- Committee on the Judiciary. veto. When I was honored by the people tion would prohibit the GSA from Mr. ALLEN. Madam President, I rise of Virginia as Governor of the Com- charging the Federal judiciary rent in to speak on a resolution regarding a monwealth of Virginia, I had the power excess of the actual costs incurred by constitutional amendment I am intro- of the line-item veto. I used it 17 times. GSA to maintain and operate Federal ducing today. It is the third part of my I saw how useful a tool that was as court buildings and related costs. Governor to knock out undesirable, Unlike many other elements of the three-point plan to restore fiscal ac- nonessential spending, or untoward or Federal Government, the judiciary is countability and common sense to required to pay a large and ever-in- Washington. It is a resolution, in par- undesirable policies. It is a power—the creasing portion of its budget as rent ticular, to amend the Constitution to line-item veto—or an authority that to another branch of government, the require a balanced Federal budget. actually 46 Governors in the U.S. GSA. In fiscal terms, since 1986, the The continued growth in Govern- enjoy. It is a very powerful tool to cut Federal courts’ rental payments to ment, coupled with our enormous def- wasteful spending and undesirable pro- GSA have increased from $133 million icit, make a balanced budget amend- grams. In fact, after you use it a few to $926 million in fiscal year 2005. This ment a vital tool for bringing this fis- times, you don’t have to use it as rental payment represents an increas- cal house back in order and restraining much, because the legislative branch ing slice of the judiciary’s relatively the growing appetite of the Federal understands that, gosh, he actually is small overall budget. The percentage of Government to take more money from going to use that power, and when it the judiciary’s operating budget de- the people in taxes, and this is money comes to the final budget or appropria- voted to rent payments has escalated that is coming from families, working tions bills, the undesirable or wasteful from 15.7 percent in fiscal year 1986 to people, from men and women who run programs or spending are not in it. 22 percent in fiscal year 2005. By con- their own small businesses; and also The President of the United States, trast, only three percent of the Depart- when the Federal Government is tak- in my view, should have the same ment of Justice budget goes toward ing more money, it means they can be power I had as Governor of Virginia, GSA rent, and the Executive Branch as meddling in more things that are best and that is the line-item veto. To- a whole spends less than two-tenths of left to the people or the States—if Gov- gether with Senator JIM TALENT of one percent of its budget on GSA rent. ernment needs to be involved at all. Missouri, last September we introduced In his 2005 Year-End report on the The Federal Government ought to be a constitutional amendment to provide Federal Judiciary, Chief Justice John paying attention and be focused on its the President with line-item veto au- Roberts cited escalating GSA rents as key reasons for being created in the thority. It is high time for that. The one of the two serious threats to the first place by the people in the States, reason we need a constitutional amend- independence of the Federal judiciary, and that is national defense—making ment is that there were times when we the other being judges’ pay. The in- sure the military is strong and that were trying do it statutorily. I would creased rents, coupled with across-the- they have the most advanced equip- be in favor of statutory methods, rath- board cuts imposed during fiscal years ment and armament for our men and er than an amendment, but the Su- 2004 and 2005, resulted in a reduction of women in uniform as they secure our preme Court struck down the last ef- approximately 1,500 judicial branch freedom. We need a national missile de- fort. I think the President, as well as employees as of mid-December when fense system. Those are the sorts of the Congress, ought to be accountable compared to October 2003, and a 24- things that are the primary responsi- for some of these spending items that month moratorium on courthouse con- bility of the Federal Government, as create such controversy and are absurd struction has been imposed. well as key research areas, whether it or wasteful. By the way, we need to On May 13, 2005, a bipartisan group of is in nanotechnology, aeronautics, or vote on this. If this goes to the States, 11 Senators on the Judiciary Com- in other areas working with not just I have no question that the States will

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.038 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1364 CONGRESSIONAL RECORD — SENATE February 15, 2006 quickly ratify such a constitutional cent, or $274 billion. This growth is needs. Thus, I have included a provi- amendment because, after all, they more than twice the rate of economic sion that allows for a waiver in the give their Governors such power. growth. So the economic growth is event of war. However, to ensure defi- Secondly, we need a balanced budget strong, but the tax revenues are twice cits resulting from a war do not con- amendment. This is something many as much to the Federal Government. tinue in perpetuity, the provision pro- States have, the Commonwealth of Vir- To further this point, the President’s vides for a 5-year window following the ginia, and virtually the rest of the budget forecasts that tax revenues will end of the conflict to reduce any defi- States. One of the best ways, in my grow an additional 6.1 percent, or $132 cits that may have accumulated. view, to eliminate the Federal deficit billion, from 2005 to 2006. Domestic catastrophes can also and limit the size and scope of the Gov- From the tax cuts of the Reagan ad- wreak havoc on the Federal Govern- ernment is to wrestle it down with the ministration to the tax cuts we passed ment’s budget, as well as those of the chains of the Constitution. in this new century, the fact is that States in Louisiana, Mississippi and, to I would also add that balancing the lower taxes stimulate economic some extent Florida, which we have re- budget is not just a matter of making growth, stimulate job creation, and cently seen devastated by hurricanes. sure that expenditures are equal to rev- stimulate expansion, which in turn in- To address such circumstances, the res- enue; it is about making sure the Fed- creases revenues to the Federal Gov- olution also includes a provision that eral Government fulfills its proper, fo- ernment. More important, low taxes would allow expenditures in excess of cused, constitutional role—and not ex- make this country more competitive revenues, provided three-fifths of each panding into everything that is not for investment and jobs here, rather House of Congress approves, which I necessarily a Federal prerogative, but than people going to invest in places think Congress would have done in best left to the people or the States. such as China or elsewhere in the these situations if this were in effect We all know that a big, bloated Federal world. When people are able to keep last year and presently. Government stifles innovation, saps more of what they earn, they spend it, Now the risks of budget deficits and initiative, and reduces personal respon- save it, invest it, they may expand national debt are well known: the col- sibility. their business, and they may get more lapse of the dollar, a significant reduc- The third part of my plan is a pro- innovative capital equipment, and the tion in national savings, and the in- posal I offered last week, which I know fact is lower taxes make this country ability to fund programs vital to the won’t be all that popular in this Cham- more competitive and people more Nation’s security and well-being. It ber, but I think it will be much appre- prosperous. also means if you are putting in more ciated and understood by real people in The opportunity created by Ameri- and more tax revenues to finance the the real world. cans spending the fruits of their own debt, there is less money there for key I have proposed legislation that pro- labor, as opposed to the Government, is areas such as national defense, home- vides a powerful incentive for Senators the path to bringing fiscal sanity to land security, education, research in and Congressmen to perform their jobs the Federal budget. So to avoid future science, and also engineering. So to on time, as people do in the private pressure for counterproductive, harm- prevent these events, we need an insti- sector. We have a full-time legislature ful tax increases, and to achieve a bal- tutional mechanism to get this over- here and we go into session on January anced budget, we must make these dra- spending under control. 3. One of our prime responsibilities is matic changes in how the Federal Gov- Based on past performance, it will to pass appropriations bills before the ernment spends the taxpayers’ money: take, of course, a change in the Con- next fiscal year, which is October 1. the line-item veto, balanced budget stitution. To paraphrase Thomas Jef- But it is, to me, deplorable that full- amendment, and the paycheck penalty ferson, we need to bind the Congress time legislators cannot get their job for Members of Congress who have not with a change in the Constitution to done on time by October 1. Then, of done their jobs on time. prevent present Congresses from bur- course, we end up with continuing reso- As we closed 2005, Madam President, dening future generations with per- lutions, and several months later, some the Federal Government was respon- petual debt. time after Thanksgiving but before sible for a gross Federal debt of $8.2 I believe all of us, if we look at it se- Christmas, all kinds of unknown, trillion. One must ask, how did we get riously and responsibly, recognize and unscrutinized spending occurs. It gets here? Consider these statistics from grasp the seriousness of this problem. I passed in the dead of night, thinking the last 5 years: Federal spending has am hopeful that this Senate will be nobody will notice what is in all these increased 33 percent. In 2005, the per- able to make the difficult choices to appropriations bills—and actually a lot household spending by our Government make sure that the next generation of of people don’t know what is in those has grown to $21,878 per year. That fig- Americans is not burdened with over- appropriations bills. ure is compared to the per-household whelming debt or higher taxes from a That is why I want to impose on Con- tax, on average, of $19,062 per year, burdensome, large Federal Govern- gress what I call the ‘‘paycheck pen- leaving an annual per-household deficit ment. A balanced budget amendment alty.’’ The paycheck penalty says to of about $2,800. The macro result is an to the Constitution, I sincerely believe Members of Congress, if you fail to pass annual budget deficit in the hundreds from my experiences as Governor of all your appropriations measures by of billions of dollars. the Commonwealth of Virginia, will be the start of the fiscal year, October 1, We are in a time of war, this war on a very valuable, useful, and effective which is your job, what you are paid to terror, and enormous national disas- tool in making that goal a reality. The do, your paychecks will be withheld ters have also befallen our country in same applies to the line-item veto au- until you complete your job. Louisiana, Alabama, Texas, and in thority for the President. I also believe Now, taken together, these three Florida, in the past year. That is why very strongly that this Senate and the measures will eliminate the need to I am introducing this resolution. Even other body, the House, can get the ap- raise taxes to eliminate the deficit. when those occur, this amendment propriations bills done on time by Oc- The tax reductions enacted in the last does require the Federal Government tober 1. If not, I think paychecks ought 5 years have helped our country get out to achieve a balanced budget within 5 to be withheld until it is done. of recession. It has incented more in- years of ratification by the States. So I hope that my colleagues recog- vestment, created many new jobs—in Each year, the budget deficit would be nize the seriousness, the importance, fact, 4.5 million new jobs—in the pri- reduced by 20 percent, until the Fed- and the urgency of these responsible vate sector; thereby, from all this eco- eral budget is balanced. This is a measures, these ideas. These measures nomic growth and prosperity and more phased-in approach, which is realistic include getting our fiscal house in people working in businesses, large, and provides needed time for Congress order, protecting the taxpayers from medium, and small doing better, tax to amend the budget and appropria- tax increases in the future, and making receipts to the Government have in- tions processes to provide for a bal- sure this country is the world capital creased. To illustrate the point, from anced budget. I fully understand that of innovation. These measures include 2004 to 2005, tax receipts to the Federal national and global events can signifi- investment by the private sector, more Government grew at a rate of 14.5 per- cantly affect our country’s budgetary competitiveness compared to other

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.037 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1365 countries because of lower taxes, Fed- likely to cause confusion, to cause mistake, is designed, marketed, or otherwise intended eral regulatory policies, sound energy or to deceive,’’. to be used on or in connection with the goods policy with more development and ex- (2) Subsection (b) is amended to read as or services for which the mark is registered ploration here at home, as well as follows: in the United States Patent and Trademark ‘‘(b)(1) The following property shall be sub- Office; and using clean coal and advanced nuclear ject to forfeiture to the United States and no ‘‘(iv) the use of which is likely to cause and biofuels and new technologies. We property right shall exist in such property: confusion, to cause mistake, or to deceive; also must make sure our fiscal house is ‘‘(A) Any article bearing or consisting of a or’’; and in order for Americans to compete and counterfeit mark used in committing a vio- (B) by amending the matter following sub- succeed in the future. lation of subsection (a). paragraph (B) to read as follows: I urge my colleagues to consider this ‘‘(B) Any property used, in any manner or ‘‘but such term does not include any mark or resolution and join me in this effort for part, to commit or to facilitate the commis- designation used in connection with goods or sion of a violation of subsection (a). services, or a mark or designation applied to America’s future. ‘‘(2) The provisions of chapter 46 of this labels, patches, stickers, wrappers, badges, f title relating to civil forfeitures, including emblems, medallions, charms, boxes, con- section 983 of this title, shall extend to any tainers, cans, cases, hangtags, documenta- AMENDMENTS SUBMITTED AND seizure or civil forfeiture under this section. tion, or packaging of any type or nature used PROPOSED At the conclusion of the forfeiture pro- in connection with such goods or services, of ceedings, the court, unless otherwise re- SA 2889. Mr. FRIST (for Mr. SPECTER) pro- which the manufacturer or producer was, at quested by an agency of the United States, posed an amendment to the bill H.R. 32, to the time of the manufacture or production in amend title 18, United States Code, to pro- shall order that any forfeited article bearing or consisting of a counterfeit mark be de- question, authorized to use the mark or des- vide criminal penalties for trafficking in ignation for the type of goods or services so counterfeit marks. stroyed or otherwise disposed of according to law. manufactured or produced, by the holder of SA 2890. Mr. FRIST (for Ms. COLLINS) pro- the right to use such mark or designation.’’. posed an amendment to the bill S. 1777, to ‘‘(3)(A) The court, in imposing sentence on a person convicted of an offense under this (4) Section 2320 is further amended— provide relief for the victims of Hurricane (A) by redesignating subsection (f) as sub- Katrina. section, shall order, in addition to any other sentence imposed, that the person forfeit to section (g); and f the United States— (B) by inserting after subsection (e) the fol- TEXT OF AMENDMENTS ‘‘(i) any property constituting or derived lowing: from any proceeds the person obtained, di- ‘‘(f) Nothing in this section shall entitle . Mr. FRIST (for Mr. SPEC- SA 2889 rectly or indirectly, as the result of the of- the United States to bring a criminal cause TER) proposed an amendment to the fense; of action under this section for the repack- bill H.R. 32, to amend title 18, United ‘‘(ii) any of the person’s property used, or aging of genuine goods or services not in- intended to be used, in any manner or part, States Code, to provide criminal pen- tended to deceive or confuse.’’. alties for trafficking in counterfeit to commit, facilitate, aid, or abet the com- marks; as follows: mission of the offense; and (c) SENTENCING GUIDELINES.— ‘‘(iii) any article that bears or consists of (1) REVIEW AND AMENDMENT.—Not later Strike all after the enacting clause and in- a counterfeit mark used in committing the than 180 days after the date of enactment of sert the following: offense. this Act, the United States Sentencing Com- SECTION 1. TRAFFICKING IN COUNTERFEIT ‘‘(B) The forfeiture of property under sub- mission, pursuant to its authority under sec- MARKS. paragraph (A), including any seizure and dis- tion 994 of title 28, United States Code, and (a) SHORT TITLE; FINDINGS.— position of the property and any related judi- in accordance with this subsection, shall re- (1) SHORT TITLE.—This section may be cial or administrative proceeding, shall be view and, if appropriate, amend the Federal cited as the ‘‘Stop Counterfeiting in Manu- governed by the procedures set forth in sec- sentencing guidelines and policy statements factured Goods Act’’. tion 413 of the Comprehensive Drug Abuse applicable to persons convicted of any of- (2) FINDINGS.—The Congress finds that— Prevention and Control Act of 1970 (21 U.S.C. fense under section 2318 or 2320 of title 18, (A) the United States economy is losing 853), other than subsection (d) of that sec- United States Code. millions of dollars in tax revenue and tens of tion. Notwithstanding section 413(h) of that (2) AUTHORIZATION.—The United States thousands of jobs because of the manufac- Act, at the conclusion of the forfeiture pro- Sentencing Commission may amend the Fed- ture, distribution, and sale of counterfeit ceedings, the court shall order that any for- eral sentencing guidelines in accordance goods; feited article or component of an article with the procedures set forth in section 21(a) (B) the Bureau of Customs and Border Pro- bearing or consisting of a counterfeit mark of the Sentencing Act of 1987 (28 U.S.C. 994 tection estimates that counterfeiting costs be destroyed. note) as though the authority under that the United States $200 billion annually; ‘‘(4) When a person is convicted of an of- section had not expired. (C) counterfeit automobile parts, including fense under this section, the court, pursuant (3) RESPONSIBILITIES OF UNITED STATES SEN- brake pads, cost the auto industry alone bil- to sections 3556, 3663A, and 3664, shall order TENCING COMMISSION.—In carrying out this lions of dollars in lost sales each year; the person to pay restitution to the owner of subsection, the United States Sentencing (D) counterfeit products have invaded nu- the mark and any other victim of the offense Commission shall determine whether the merous industries, including those producing as an offense against property referred to in definition of ‘‘infringement amount’’ set auto parts, electrical appliances, medicines, section 3663A(c)(1)(A)(ii). forth in application note 2 of section 2B5.3 of tools, toys, office equipment, clothing, and ‘‘(5) The term ‘victim’, as used in para- the Federal sentencing guidelines is ade- many other products; graph (4), has the meaning given that term quate to address situations in which the de- (E) ties have been established between in section 3663A(a)(2).’’. fendant has been convicted of one of the of- counterfeiting and terrorist organizations (3) Subsection (e)(1) is amended— fenses listed in paragraph (1) and the item in that use the sale of counterfeit goods to (A) by striking subparagraph (A) and in- which the defendant trafficked was not an raise and launder money; serting the following: infringing item but rather was intended to (F) ongoing counterfeiting of manufac- ‘‘(A) a spurious mark— facilitate infringement, such as an anti-cir- tured goods poses a widespread threat to ‘‘(i) that is used in connection with traf- cumvention device, or the item in which the public health and safety; and ficking in any goods, services, labels, patch- defendant trafficked was infringing and also (G) strong domestic criminal remedies es, stickers, wrappers, badges, emblems, me- was intended to facilitate infringement in against counterfeiting will permit the dallions, charms, boxes, containers, cans, another good or service, such as a counter- United States to seek stronger cases, hangtags, documentation, or pack- feit label, documentation, or packaging, tak- anticounterfeiting provisions in bilateral aging of any type or nature; ing into account cases such as U.S. v. Sung, and international agreements with trading ‘‘(ii) that is identical with, or substantially 87 F.3d 194 (7th Cir. 1996). partners. indistinguishable from, a mark registered on (b) TRAFFICKING IN COUNTERFEIT MARKS.— the principal register in the United States SEC. 2. TRAFFICKING DEFINED. Section 2320 of title 18, United States Code, Patent and Trademark Office and in use, (a) SHORT TITLE.—This section may be is amended as follows: whether or not the defendant knew such cited as the ‘‘Protecting American Goods (1) Subsection (a) is amended by inserting mark was so registered; and Services Act of 2005’’. after ‘‘such goods or services’’ the following: ‘‘(iii) that is applied to or used in connec- ‘‘, or intentionally traffics or attempts to tion with the goods or services for which the (b) COUNTERFEIT GOODS OR SERVICES.—Sec- traffic in labels, patches, stickers, wrappers, mark is registered with the United States tion 2320(e) of title 18, United States Code, is badges, emblems, medallions, charms, boxes, Patent and Trademark Office, or is applied amended— containers, cans, cases, hangtags, docu- to or consists of a label, patch, sticker, wrap- (1) by striking paragraph (2) and inserting mentation, or packaging of any type or na- per, badge, emblem, medallion, charm, box, the following: ture, knowing that a counterfeit mark has container, can, case, hangtag, documenta- ‘‘(2) the term ‘traffic’ means to transport, been applied thereto, the use of which is tion, or packaging of any type or nature that transfer, or otherwise dispose of, to another,

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.039 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1366 CONGRESSIONAL RECORD — SENATE February 15, 2006 for purposes of commercial advantage or pri- (A) resides in an area for which a major For further information, please con- vate financial gain, or to make, import, ex- disaster has been declared in accordance tact Frank Gladics (202–224–2878), Eliza- port, obtain control of, or possess, with in- with 401 of the Robert T. Stafford Disaster beth Abrams (202–224–0537) or Sara tent to so transport, transfer, or otherwise Relief and Emergency Assistance Act (42 Zecher (202–224–8276) of the Committee dispose of;’’; U.S.C. 5170) as a result of Hurricane Katrina (2) by redesignating paragraph (3) as para- or Hurricane Rita; or staff. graph (4); and (B) resided in an area described in subpara- f (3) by inserting after paragraph (2) the fol- graph (A) during the 7 days immediately pre- AUTHORITIES FOR COMMITTEES lowing: ceding the date of declaration of a major dis- ‘‘(3) the term ‘financial gain’ includes the aster described in subparagraph (A). TO MEET receipt, or expected receipt, of anything of (3) MAJOR DISASTER.—The term ‘‘major dis- COMMITTEE ON ARMED SERVICES value; and’’. aster’’ has the meaning given the term in Mr. SUNUNU. Mr. President, I ask (c) CONFORMING AMENDMENTS.— section 102 of the Robert T. Stafford Disaster unanimous consent that the Com- (1) SOUND RECORDINGS AND MUSIC VIDEOS OF Relief and Emergency Assistance Act (42 mittee on Armed Services be author- LIVE MUSICAL PERFORMANCES.—Section U.S.C. 5122). ized to meet during the session of the 2319A(e) of title 18, United States Code, is (b) REIMBURSEMENT.— amended by striking paragraph (2) and in- (1) IN GENERAL.—Notwithstanding any Senate on February 15, 2006, at 9:30 serting the following: other provision of law, the President may re- a.m., in open session to consider the ‘‘(2) the term ‘traffic’ has the same mean- imburse a community for each purchase of following nominations: Honorable ing as in section 2320(e) of this title.’’. supplies (such as food, personal hygiene Preston M. Geren to be Under Sec- (2) COUNTERFEIT LABELS FOR products, linens, and clothing) distributed to retary of the Army; Honorable Michael PHONORECORDS, COMPUTER PROGRAMS, ETC.— Katrina or Rita Survivors. L. Dominguez to be Deputy Under Sec- Section 2318(b) of title 18, United States (2) ELIGIBLE PURCHASES.—Reimbursement retary of Defense for Personnel and Code, is amended by striking paragraph (2) under paragraph (1) shall be available only Readiness; Mr. James I. Finley to be and inserting the following: with respect to supplies that— ‘‘(2) the term ‘traffic’ has the same mean- (A) are purchased with taxpayer dollars; Deputy Under Secretary of Defense for ing as in section 2320(e) of this title;’’. and Acquisition and Technology; and Mr. (3) ANTI-BOOTLEGGING.—Section 1101 of title (B) would otherwise be eligible for reim- Thomas P. D’Agostino to be Deputy 17, United States Code, is amended by strik- bursement if purchased by a Katrina or Rita Administrator for Defense Programs, ing subsection (b) and inserting the fol- Survivor. National Nuclear Security Administra- lowing: (c) PERIOD OF APPLICABILITY.—This section tion. ‘‘(b) DEFINITION.—In this section, the term and the authority provided by this section The PRESIDING OFFICER. Without ‘traffic’ has the same meaning as in section apply only to a community assisting Katrina objection, it is so ordered. 2320(e) of title 18.’’. or Rita Survivors from a State during the COMMITTEE ON BANKING, HOUSING, AND URBAN disaster period of the State. AFFAIRS SA 2890. Mr. FRIST (for Ms. COLLINS) SEC. 4. INTERNATIONAL STUDENTS DISPLACED proposed an amendment to the bill S. BY KATRINA. Mr. SUNUNU. Mr. President, I ask 1777, to provide relief for the victims of It is the sense of Congress that the Bureau unanimous consent that the Com- Hurricane Katrina; as follows: of Immigration and Customs Enforcement mittee on Banking, Housing, and within the Department of Homeland Secu- Strike all after the enacting clause and in- Urban Affairs be authorized to meet rity should suspend or refrain from initi- sert the following: during the session of the Senate on ating removal proceedings for international SECTION 1. SHORT TITLE. February 15, 2006, at 10 a.m., to conduct students and scholars who are deportable a hearing on ‘‘Rebuilding Needs in This Act may be cited as the ‘‘Katrina solely due to their inability to fulfill the Emergency Assistance Act of 2005’’. terms of their visas as a result of a national Katrina-Impacted Areas.’’ SEC. 2. UNEMPLOYMENT ASSISTANCE. disaster, such as Hurricane Katrina. The PRESIDING OFFICER. Without (a) IN GENERAL.—Notwithstanding section SEC. 5. CONTRACTING AUTHORITY. objection, it is so ordered. 410 of the Robert T. Stafford Disaster Relief Not later than 90 days after the date of en- COMMITTEE ON COMMERCE, SCIENCE, AND and Emergency Assistance Act (42 U.S.C. actment of this Act, the Secretary of Home- TRANSPORTATION 5177), in providing assistance under that sec- land Security, acting through the Under Sec- Mr. SUNUNU. Mr. President, I ask tion to individuals unemployed as a result of retary for Emergency Preparedness, shall unanimous consent that the Com- Hurricane Katrina— propose new inspection guidelines that pro- (1) the President shall accept applications mittee on Commerce, Science, and hibit an inspector from entering into a con- Transportation be authorized to meet for assistance during— tract with any individual or entity for whom (A) the 90-day period beginning on the date the inspector performs an inspection for pur- on Wednesday, February 15, 2006, at 10 on which the applicable major disaster was poses of determining eligibility for assist- a.m., on Video Franchising. declared; or ance from the Federal Emergency Manage- The PRESIDING OFFICER. Without (B) such longer period as may be estab- ment Agency. objection, it is so ordered. lished by the President; and f COMMITTEE ON COMMERCE, SCIENCE, AND (2) subject to subsection (b), the President TRANSPORTATION shall provide assistance to any unemployed NOTICES OF HEARINGS/MEETINGS Mr. SUNUNU. Mr. President, I ask individual, to the extent the individual is COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- not entitled to unemployment compensation RESOURCES under any Federal or State law, until that mittee on Commerce, Science, and individual is reemployed in a suitable posi- Mr. DOMENICI. Mr. President, I Transportation be authorized to meet tion. would like to announce for the infor- on Wednesday, February 15, 2006, at 2:30 (b) LIMITATION FOR PERIOD OF ASSIST- mation of the Senate and the public p.m., on Nanotechnology. ANCE.—The total amount of assistance pay- that a hearing has been scheduled be- The PRESIDING OFFICER. Without able to an individual under subsection (a) fore the Committee on Energy and Nat- objection, it is so ordered. may not exceed payments based on a 39-week ural Resources. COMMITTEE ON ENERGY AND NATURAL period of unemployment. The hearing will he held on Wednes- RESOURCES SEC. 3. REIMBURSEMENT FOR PURCHASES. day, February 28, 2006, at 10 a.m. in Mr. SUNUNU. Mr. President, I ask (a) DEFINITIONS.—In this section: Room SD–366 of the Dirksen Senate Of- unanimous consent that the Com- (1) DISASTER PERIOD.—The term ‘‘disaster period’’ means, with respect to any State fice Building. mittee on Energy and Natural Re- that includes an area for which a major dis- The purpose of the hearing is to re- sources be authorized to meet during aster has been declared in accordance with view the proposed fiscal year 2007 For- the session of the Senate on Wednes- section 401 of the Robert T. Stafford Disaster est Service budget. day, February 15 at 10:30 a.m. The pur- Relief and Emergency Assistance Act (42 Because of the limited time available pose of this hearing is to receive testi- U.S.C. 5170) as a result of Hurricane Katrina for the hearing, witnesses may testify mony regarding S. 2197 to improve the or Hurricane Rita, the period beginning on by invitation only. However, those global competitiveness of the United the earliest date on which any area of the wishing to submit written testimony States in science and energy tech- State was so declared and ending on the lat- for the hearing record should send two est date for which any such declaration of an nology, to strengthen basic research area of the State terminates. copies of their testimony to the Com- programs at the Department of Energy, (2) KATRINA OR RITA SURVIVOR.—The term mittee on Energy and Natural Re- and to provide support for mathe- ‘‘Katrina or Rita Survivor’’ means an indi- sources, United States Senate, Wash- matics and science education at all lev- vidual who— ington, DC 20510–6150. els through the resources available

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.044 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1367 through the Department of Energy, in- Judge for the Northern District of am committed to fighting, as reflected cluding at the national laboratories. Ohio; and John F. Clark to be Director by my sponsoring S. 1699, the Senate The PRESIDING OFFICER. Without of the United States Marshals Service. companion bill to H.R. 32, earlier this objection, it is so ordered. The PRESIDING OFFICER. Without year with Senator LEAHY and Senators COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. ALEXANDER, BAYH, BROWNBACK, WORKS SELECT COMMITTEE ON INTELLIGENCE COBURN, CORNYN, DEWINE, DURBIN, Mr. SUNUNU. Mr. President, I ask Mr. SUNUNU. Mr. President, I ask FEINGOLD, FEINSTEIN, HATCH, KYL, unanimous consent that the Com- unanimous consent that the Select LEVIN, REED, STABENOW, and mittee on Environment and Public Committee on Intelligence be author- VOINOVICH. Works be authorized to hold a business ized to meet during the session of the H.R. 32, the Stop Counterfeiting in meeting on February 15, 2006 at 9:30 Senate on February 15, 2006 at 2:30 p.m. Manufactured Goods Act of 2005 ad- a.m. to consider the following agenda: to hold a closed briefing. dresses a problem that has reached epi- demic proportions as a result of a loop- Agenda The PRESIDING OFFICER. Without objection, it is so ordered. hole in our criminal code: the traf- ficking in counterfeit labels. Criminal Nominations: Terrence L. Bracy— SUBCOMMITTEE ON EMPLOYMENT AND law currently prohibits the trafficking Nominee to a position on the Board of WORKPLACE SAFETY in counterfeit trademarks ‘‘on or in Trustees at the Morris K. Udall Schol- Mr. SUNUNU. Mr. President, I ask connection with goods or services.’’ arship and Excellence in National En- unanimous consent that the Sub- However, it does not prohibit the traf- vironmental Foundation and the fol- committee on Employment and Work- ficking in the counterfeit marks them- lowing 6 to Members of the Board of place Safety, be authorized to hold a selves. As such, there is nothing in cur- Directors of the Tennessee Valley Au- hearing during the session of the Sen- rent law to prohibit an individual from thority: Dennis C. Bottorff, Robert M. ate on Wednesday, February 15 at 10 selling counterfeit labels bearing oth- Duncan, Susan Richardson Williams, a.m. in SD–430. erwise protected trademarks within William B. Sansom, Howard A. The PRESIDING OFFICER. Without the United States. Thrailkill, and Donald R. DePriest. objection, it is so ordered. The PRESIDING OFFICER. Without This loophole was exposed by the SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS objection, it is so ordered. Tenth Circuit Court of Appeals in Mr. SUNUNU. Mr. President, I ask United States v. Giles, 213 F.3d 1247 (10th COMMITTEE ON ENVIRONMENT AND PUBLIC unanimous consent that the Sub- WORKS Cir. 2000). In this case, the United committee on Public Lands and For- Mr. SUNUNU. Mr. President, I ask States prosecuted the defendant for ests be authorized to meet during the manufacturing and selling counterfeit unanimous consent that the Com- session of the Senate on Wednesday, mittee on Environment and Public Dooney & Bourke labels that third par- February 15 at 2:30 p.m. The purpose of ties could later affix to generic purses. Works be authorized to hold a hearing the hearing is to review the progress on February 15, 2006 at 9:35 a.m. to re- Examining title 18, section 2320, of the made on the development of interim United States Code, the Tenth Circuit ceive testimony on EPA’s proposed and long-term plans for use of fire re- Budget for FY 2007. held that persons who sell counterfeit tardant aircraft in Federal wildfire trademarks that are not actually at- The PRESIDING OFFICER. Without suppression operations. objection, it is so ordered. tached to any ‘‘goods or services’’ do The PRESIDING OFFICER. Without not violate the Federal criminal trade- COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. mark infringement statute. Since the Mr. SUNUNU. Mr. President, I ask f defendant did not attach counterfeit unanimous consent that the Com- PRIVILEGES OF THE FLOOR marks to ‘‘goods or services,’’ the court mittee on Foreign Relations be author- found that the defendant did not run ized to meet during the session of the Mr. FEINGOLD. Mr. President, I ask afoul of the criminal statute as a mat- Senate on Wednesday, February 15, unanimous consent that floor privi- ter of law. Thus, someone caught red- 2006, at 9:45 a.m. to hold a hearing on leges be granted, during the consider- handed with counterfeit trademarks the President’s Budget for Foreign Af- ation of S. 2271, H.R. 3199, to Bob walked free. fairs and a business meeting. Schiff, Lara Flynt, Paul Weinberger, H.R. 32 closes this loophole by The PRESIDING OFFICER. Without Mary Irvine, and Sumner Slichter. amending title 18, section 2320 of the objection, it is so ordered. The PRESIDING OFFICER. Without United States Code to criminally pro- COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. hibit the trafficking, or attempt to GOVERNMENTAL AFFAIRS f traffic, in ‘‘labels, patches, stickers’’ Mr. SUNUNU. Mr. President, I ask and generally any item to which a STOP COUNTERFEITING IN unanimous consent that the Com- counterfeit mark has been applied. In MANUFACTURED GOODS ACT mittee on Homeland Security and Gov- so doing, H.R. 32 provides U.S. Depart- ernmental Affairs be authorized to Mr. FRIST. Mr. President, I ask ment of Justice prosecutors with the meet on Wednesday, February 15, 2006, unanimous consent that the Com- means not only to prosecute individ- at 11:15 a.m. for a hearing titled, ‘‘Hur- mittee on the Judiciary be discharged uals trafficking in counterfeit goods or ricane Katrina: The Homeland Security from further consideration of H.R. 32 services, but also individuals traf- Department’s Preparation and Re- and that the Senate proceed to its im- ficking in labels, patches, and the like sponse. mediate consideration. that are later applied to goods. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Congress must act expeditiously to objection, it is so ordered. objection, it is so ordered. The clerk protect U.S. held trademarks to the COMMITTEE ON THE JUDICIARY will state the bill by title. fullest extent of the law. The recent 10- Mr. SUNUNU. Mr. President, I ask The bill clerk read as follows: count indictment of four Massachu- unanimous consent that the Com- A bill (H.R. 32) to amend title 18 United setts residents of conspiracy to traffic mittee on the Judiciary be authorized States Code, to provide criminal penalties in approximately $1.4 million of coun- to meet to conduct a hearing on ‘‘Judi- for trafficking in counterfeit marks. terfeit luxury goods in the case of U.S. cial Nominations’’ on Wednesday, Feb- There being no objection, the Senate v. Luong et al., 2005 D. Mass. under- ruary 15, 2006 at 10 a.m. in the Dirksen proceeded to consider the bill. scores the need for this legislation. Ac- Senate Office Building Room 226. Mr. SPECTER. Mr. President, I want cording to the indictment, law enforce- to take a moment to speak about H.R. ment officers raided self-storage units Witness 32, the Stop Counterfeiting in Manufac- earlier this year and found the units to Panel I: Members of Congress, TBA. tured Goods Act of 2005, sponsored by hold approximately 12,231 counterfeit Panel II: Stephen G. Larson to be Representative KNOLLENBERG and 59 handbags; 7,651 counterfeit wallets; United States District Judge for the House cosponsors. The counterfeiting more than 17,000 generic handbags and Central District of California; Jack of goods bearing American held trade- wallets; and enough counterfeit labels Zouhary to be United States District marks is an important problem that I and medallions to turn more than

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.047 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1368 CONGRESSIONAL RECORD — SENATE February 15, 2006 50,000 generic handbags and wallets In addition to closing the ‘‘counter- in violation of this act upon being into counterfeits. Although the U.S. feit label loophole,’’ the Stop Counter- made aware of the illegal nature of Attorneys Office was able to pursue feiting in Manufactured Goods Act these items or services. charges of trafficking and attempting strengthens the criminal code and pro- It is the irresponsible culprits that to traffic in counterfeit handbags and vides heightened penalties for those must be held accountable. Those who wallets, they were not able to bring trafficking in counterfeit marks. Cur- profit from another’s innovation have charges for trafficking and attempting rent law does not provide for the sei- proved their creativity only at escap- to traffic in the more than 50,000 coun- zure and forfeiture of counterfeit trade- ing responsibility for their actions. As terfeit labels and medallions. As such, marks, whether they are attached to legislators it is important that we pro- these defendants will escape prosecu- goods or not. Therefore, many times vide law enforcement with the tools tion that would have otherwise been il- such counterfeit goods are seized one needed to capture these thieves. legal if they had only been attached to day, only to be returned and sold to an I say to Senator SPECTER, it is also an otherwise generic bag. This simply unsuspecting public. To ensure that in- my understanding that the U.S. Sen- does not make sense. Had the Stop dividuals engaging in the practice of tencing Commission recently promul- Counterfeiting in Manufactured Goods trafficking in counterfeit marks can- gated new Federal sentencing guide- Act of 2005 been in effect at the time of not reopen their doors, H.R. 32 estab- lines to account for the changes in how indictment, U.S. prosecutors would lishes procedures for the mandatory intellectual property crimes are com- have been able to bring charges against seizure, forfeiture, and destruction of mitted. Could the Senator clarify for the defendants for trafficking and at- counterfeit marks prior to a convic- the record why we have authorized the tempting to traffic in not only counter- tion. Further, it provides for proce- U.S. Sentencing Commission to further feit goods, but also counterfeit labels. dures for the mandatory forfeiture and amend the Federal sentencing guide- As Assistant Attorney General Alice destruction of property derived from or lines and policy statements for crimes Fisher said: used to engage in the trafficking of committed in violation of title 18, sec- Those who manufacture and sell counter- counterfeit marks. tion 2318 or 2320, of the United States feit goods steal business from honest mer- When this legislation was sent over Code? chants, confuse or defraud honest consumers, to the Senate from the House, concerns Mr. SPECTER. I say to Senator and illegally profit on the backs of honest were raised to Senator LEAHY and my- LEAHY, as the Senator is aware, peri- American workers and entrepreneurs. self about the language in Section odically Congress directs the Sen- This point is underscored by the Bu- 2(bbb)(1)(B) of this bill pertaining to tencing Commission to update the Fed- reau of Customs and Border Protection the forfeiture authority of the U.S. De- eral sentencing guidelines upon the estimate that trafficking in counter- partment of Justice. In focusing our at- periodic directive of Congress to reflect feit goods costs the United States ap- tention to this section, we discussed and account for changes in the manner proximately $200 to $250 million annu- the scope of the facilitation language, in which intellectual property offenses ally. With each passing year, the which parallels the drug and money are committed. The recent amend- United States loses millions of dollars laundering forfeiture language in 21 ments to which you refer were promul- in tax revenues to the sale of counter- U.S.C. 853 and 18 U.S.C. 982, respec- gated by the Sentencing Commission feit goods. Further, each counterfeit tively, and how it might relate to pursuant to the authorization in the item that is manufactured overseas Internet marketplace companies, Family Entertainment and Copyright and distributed in the United States search engines, and ISPs. Specifically, Act of 2005, also known as FECA. These costs American workers tens of thou- we were aware of concerns regarding amendments to the Federal sentencing sands of jobs. With counterfeit goods the potential misapplication of the fa- guidelines, which took effect on Octo- making up a growing 5 to 7 percent of cilitation language in Section 2(b)(1)(B) ber 24, 2005, address changes in pen- world trade, this is a problem that we to pursue forfeiture and seizure pro- alties and definitions for intellectual can no longer ignore. ceedings against responsible Internet property rights crimes, particularly To be sure, counterfeiting is not lim- marketplace companies that serve as those involving copyrighted pre-release ited to the popular designer goods that third-party intermediaries to online works and issues surrounding we have all seen sold on corners of just transactions. ‘‘uploading.’’ For example, these guide- about every major metropolitan city in Mr. LEAHY. Mr. President, Section lines provide for a 25 percent increase the United States. Counterfeiting has a 2(b)(1)(B) authorizes U.S. Attorneys to in sentences for offenses involving pre- devastating impact on a broad range of pursue civil in rem forfeiture pro- release works. In addition, the Com- industries. In fact, for almost every le- ceedings against ‘‘any property used, in mission revised its definition of gitimate product manufactured and any manner or part, to commit or to ‘‘uploading’’ to ensure that the guide- sold within the United States, there is facilitate the commission of a viola- lines are keeping up with technological a parallel counterfeit product being tion of subsection (a).’’ The intent of advances in this area. sold for no more than half the price. this language is to provide attorneys I would like to make it clear for the These counterfeit products range from and prosecutors with the authority to record that the directive to the Sen- children’s toys to clothing to Christ- bring a civil forfeiture action against tencing Commission in section 3 of mas tree lights. More frightening are the property of bad actors who are fa- H.R. 32 is not meant as disapproval of the thousands of counterfeit auto- cilitating trafficking or attempts to the Commission’s recent actions in re- mobile parts, batteries, and electrical traffic in counterfeit marks. The for- sponse to FECA. Rather, section 3 cov- equipment that are being manufac- feiture authority in Section 2(b)(1)(B) ers other intellectual property rights tured and placed into the stream of cannot be used to pursue forfeiture and crimes that Congress believes it is time commerce with each passing day. I am seizure proceedings against the com- for the Commission to revisit. Specifi- told that the level of sophistication in puter equipment, website or network of cally, section 3 directs the Commission counterfeiting has reached the point responsible Internet marketplace com- to review the guidelines, and particu- that you can no longer distinguish be- panies, who serve solely as a third larly the definition of ‘‘infringement tween the real and the counterfeit good party to transactions and do not tailor amount,’’ to ensure that offenses in- or label with the naked eye. However, their services or their facilities to the volving low-cost items like labels, just because these products look the furtherance of trafficking or attempts patches, medallions, or packaging that same does not mean that they have the to traffic in counterfeit marks. How- are used to make counterfeit goods same quality characteristics. The ever, these Internet marketplace com- that are much more expensive, are counterfeit products are not subject to panies must make demonstrable good- properly punished. It also directs the the same quality controls of legitimate faith efforts to combat the use of their Commission to ensure that the penalty products, resulting in items that are systems and services to traffic in coun- provisions for offenses involving all lower in quality and likely to fall terfeit marks. Companies must estab- counterfeit goods or services, or de- apart. In fact, counterfeit products lish and implement procedures to take vices used to facilitate counterfeiting, could potentially kill unsuspecting down postings that contain or offer to are properly addressed by the guide- American consumers. sell goods, services, labels, and the like lines. As it did in response to the No

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.022 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1369 Electronic Theft Act of 1997 and FECA, vember as S. 1095, is now part of a snowboarding equipment and apparel. I am confident that the Commission package that includes the Stop Coun- Unfortunately, knock-off products car- will ensure that the Federal sentencing terfeiting in Manufactured Goods Act, rying Burton’s name have been found guidelines provide adequate punish- which I co-sponsored with Senator across the globe. Vanessa Price, a rep- ment and deterrence for these very se- SPECTER as S. 1699. The Protecting resentative of Burton, testified about rious offenses and I look forward to the American Goods and Services Act counterfeiting at the Judiciary Com- Commission’s response to this direc- strengthens our ability to combat the mittee’s March 23, 2004, hearing on this tive. escalating problem of counterfeiting topic. In addition to learning about the Mr. LEAHY. I say to Senator SPEC- worldwide. In order to effectively fight economic costs of counterfeiting, I TER, thank you for that clarification. intellectual property theft, we need asked her after the hearing about the As you are aware, there has been over- stiff penalties for counterfeiters and risks posed to consumers by these whelming support for this legislation. those who are caught with counterfeit goods. Her answer was chilling: It has been very heartening to see such goods with the intent to traffic their In the weeks since my Senate testimony, I overwhelming support for this impor- false wares. Ours is a short bill—in- discovered a shipment of counterfeit Burton tant bill. Counterfeiting is a threat to deed, it is only two pages long—but it boots for sale through a discount sports out- America. It wreaks real harm on our will have global implications in the fit . . . After examining the poor quality of economy, our workers, and our con- fight against piracy. the counterfeit boots, we determined that sumers. This bill is a tough bill that Counterfeiting is a growing problem anyone using the boots for snowboarding will give law enforcement improved that costs our economy hundreds of risks injury due to a lack of reinforcement tools to fight this form of theft. The billions of dollars every year and has and support in the product’s construction. bill is short and straightforward, but been linked to organized crime, includ- Customers and businesses lose out to its impact should be profound and far ing terrorist organizations. According counterfeiters in other ways, too. SB reaching. to the International Anti-Counter- Electronics in Barre, VT, has seen its Mr. SPECTER. At this point, I would feiting Coalition, counterfeit parts capacitors reverse engineered and its like to take this opportunity to thank have been discovered in helicopters customers lost to inferior copycat mod- Representative JIM SENSENBRENNER, sold to NATO, in jet engines, bridge els. Vermont Tubbs, a furniture manu- chairman of the House Judiciary Com- joints, brake pads, and fasteners in facturer in Rutland, has seen its de- mittee, and Representative JOE equipment designed to prevent nuclear signs copied, produced offshore with in- KNOLLENBERG for their leadership in reactor meltdowns. The World Health ferior craftsmanship and materials, the House with regard to H.R. 32. In Organization estimates that the mar- and then reimported, so that the com- January of 2005, Representative ket for counterfeit drugs is about $32 pany is competing against cheaper KNOLLENBERG introduced H.R. 32 in the billion each year. versions of its own products. And House. When the bill was in committee, Several years ago, Senator HATCH Hubbardton Forge in Castleton, VT, he fostered negotiations between the joined me in sponsoring the Anti-Coun- has seen its beautiful and original Department of Justice, the U.S. Cham- terfeiting Consumer Protection Act of lamps counterfeited and then sold ber of Commerce, and the International 1996, which addressed counterfeiting by within the United States at prices—and Trademark Association to ensure that amending several sections of our crimi- quality—far below their own. This is it passed the House. I would also like nal and tariff codes. That law made im- wrong. It is unfair to consumers who to thank my colleague Senator LEAHY, portant changes, particularly by ex- deserve the high quality goods they ranking member of the Senate Judici- panding RICO, the Federal think they are paying for, and it is un- ary Committee, and Senators ALEX- antiracketeering law, to cover crimes fair to innovators who play by the ANDER, BAYH, BROWNBACK, COBURN, involving counterfeiting and copyright rules and deserve to profit from their CORNYN, DEWINE, DURBIN, FEINGOLD, and trademark infringement: Then, as labor. FEINSTEIN, HATCH, KYL, LEVIN, REED, now, trafficking in counterfeit goods This bill helps to combat this grow- STABENOW, and VOINOVICH for their co- hurts purchasers, State and Federal ing scourge. sponsorship of S. 1699, the companion Governments, and economies at every S. 1095 criminalizes the possession of legislation to H.R. 32. It is through the level. counterfeit goods with the intent to hard work of all of these Members that Perhaps most disturbingly, the U.S. sell or traffic in those goods, and it ex- we were able to achieve truly bipar- Customs Service reports that terrorists pands the definition of ‘‘traffic’’ to in- tisan support for language that will en- have used transnational counterfeiting clude any distribution of counterfeits sure the protection of American-held operations to fund their activities: The with the expectation of gaining some- trademarks. sale of counterfeit and pirated music, thing of value—criminals should not be Mr. LEAHY. Some of our most im- movies, software, T-shirts, clothing, able to skirt the law simply because portant legislation is produced not and fake drugs ‘‘accounts for much of they barter illegal goods and services only when we reach across the aisle in the money the international terrorist in exchange for their illicit wares. Fi- the name of bipartisanship, but when network depends on to feed its oper- nally, the bill will criminalize the im- we work across Chambers and reach ations.’’ portation and exportation of counter- true consensus. I would also like to Last year, as in years past, I worked feit goods, as well as of bootleg copies thank Senators ALEXANDER, BAYH, with Senator ALLEN on an amendment of copyrighted works into and out of BROWNBACK, COBURN, CORNYN, DEWINE, to the Foreign Operations bill that pro- the United States. DURBIN, FEINGOLD, FEINSTEIN, HATCH, vides the State Department with vital By tying off these loopholes and im- KYL, LEVIN, REED, STABENOW, and resources to combat piracy of U.S. proving U.S. laws on counterfeiting, we VOINOVICH for their cosponsorship of goods abroad. The bill we ultimately are sending a powerful message to the the Senate companion legislation. passed included $3 million for this im- criminals who belong in jail, and to our Counterfeiting is a serious problem portant purpose. Yet more work both innovators. that does not lend itself to a quick and at home and abroad remains. When you easy solution. This legislation is an im- consider that the economic impact of Mr. FRIST. Mr. President, I ask portant step towards fighting counter- tangible piracy in counterfeit goods is unanimous consent that the Specter feiting. I hope we can build on the suc- estimated to be roughly $350 billion a substitute at the desk be agreed to, the cess of this law. year and to constitute between 5 per- bill, as amended, be read the third time Mr. LEAHY. Mr. President, I am cent and 7 percent of worldwide trade, and passed, the motion to reconsider be pleased to join with Senator CORNYN in a few million dollars is a worthwhile laid on the table, and that any state- another of our bipartisan efforts to im- investment. ments thereon be printed in the prove the lives of Americans through We have certainly seen how this form RECORD. effective and efficient Government. of theft touches the lives of hard-work- The PRESIDING OFFICER. Without The Protecting American Goods and ing Vermonters. Burton Snowboards is objection, it is so ordered. Services Act of 2005, which was passed a small company, whose innovation has The amendment (No. 2889) was agreed unanimously out of the Senate last No- made it an industry leader in to, as follows:

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.024 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1370 CONGRESSIONAL RECORD — SENATE February 15, 2006 (Purpose: To amend title 18, United States ‘‘(ii) any of the person’s property used, or aging of genuine goods or services not in- Code, to provide criminal penalties for intended to be used, in any manner or part, tended to deceive or confuse.’’. trafficking in counterfeit marks, clarify to commit, facilitate, aid, or abet the com- (c) SENTENCING GUIDELINES.— the prohibition on the trafficking in goods mission of the offense; and (1) REVIEW AND AMENDMENT.—Not later or services, and for other purposes) ‘‘(iii) any article that bears or consists of than 180 days after the date of enactment of Strike all after the enacting clause and in- a counterfeit mark used in committing the this Act, the United States Sentencing Com- sert the following: offense. mission, pursuant to its authority under sec- SECTION 1. TRAFFICKING IN COUNTERFEIT ‘‘(B) The forfeiture of property under sub- tion 994 of title 28, United States Code, and MARKS. paragraph (A), including any seizure and dis- in accordance with this subsection, shall re- (a) SHORT TITLE; FINDINGS.— position of the property and any related judi- view and, if appropriate, amend the Federal (1) SHORT TITLE.—This section may be cial or administrative proceeding, shall be sentencing guidelines and policy statements cited as the ‘‘Stop Counterfeiting in Manu- governed by the procedures set forth in sec- applicable to persons convicted of any of- factured Goods Act’’. tion 413 of the Comprehensive Drug Abuse fense under section 2318 or 2320 of title 18, (2) FINDINGS.—The Congress finds that— Prevention and Control Act of 1970 (21 U.S.C. United States Code. (A) the United States economy is losing 853), other than subsection (d) of that sec- (2) AUTHORIZATION.—The United States millions of dollars in tax revenue and tens of tion. Notwithstanding section 413(h) of that Sentencing Commission may amend the Fed- thousands of jobs because of the manufac- Act, at the conclusion of the forfeiture pro- eral sentencing guidelines in accordance ture, distribution, and sale of counterfeit ceedings, the court shall order that any for- with the procedures set forth in section 21(a) goods; feited article or component of an article of the Sentencing Act of 1987 (28 U.S.C. 994 (B) the Bureau of Customs and Border Pro- bearing or consisting of a counterfeit mark note) as though the authority under that tection estimates that counterfeiting costs be destroyed. section had not expired. the United States $200 billion annually; ‘‘(4) When a person is convicted of an of- (3) RESPONSIBILITIES OF UNITED STATES SEN- (C) counterfeit automobile parts, including fense under this section, the court, pursuant TENCING COMMISSION.—In carrying out this subsection, the United States Sentencing brake pads, cost the auto industry alone bil- to sections 3556, 3663A, and 3664, shall order Commission shall determine whether the lions of dollars in lost sales each year; the person to pay restitution to the owner of definition of ‘‘infringement amount’’ set (D) counterfeit products have invaded nu- the mark and any other victim of the offense forth in application note 2 of section 2B5.3 of merous industries, including those producing as an offense against property referred to in the Federal sentencing guidelines is ade- auto parts, electrical appliances, medicines, section 3663A(c)(1)(A)(ii). quate to address situations in which the de- tools, toys, office equipment, clothing, and ‘‘(5) The term ‘victim’, as used in para- fendant has been convicted of one of the of- many other products; graph (4), has the meaning given that term fenses listed in paragraph (1) and the item in (E) ties have been established between in section 3663A(a)(2).’’. which the defendant trafficked was not an counterfeiting and terrorist organizations (3) Subsection (e)(1) is amended— infringing item but rather was intended to (A) by striking subparagraph (A) and in- that use the sale of counterfeit goods to facilitate infringement, such as an anti-cir- serting the following: raise and launder money; cumvention device, or the item in which the ‘‘(A) a spurious mark— (F) ongoing counterfeiting of manufac- defendant trafficked was infringing and also ‘‘(i) that is used in connection with traf- tured goods poses a widespread threat to was intended to facilitate infringement in public health and safety; and ficking in any goods, services, labels, patch- another good or service, such as a counter- (G) strong domestic criminal remedies es, stickers, wrappers, badges, emblems, me- feit label, documentation, or packaging, tak- against counterfeiting will permit the dallions, charms, boxes, containers, cans, ing into account cases such as U.S. v. Sung, United States to seek stronger cases, hangtags, documentation, or pack- 87 F.3d 194 (7th Cir. 1996). anticounterfeiting provisions in bilateral aging of any type or nature; SEC. 2. TRAFFICKING DEFINED. and international agreements with trading ‘‘(ii) that is identical with, or substantially (a) SHORT TITLE.—This section may be partners. indistinguishable from, a mark registered on cited as the ‘‘Protecting American Goods (b) TRAFFICKING IN COUNTERFEIT MARKS.— the principal register in the United States and Services Act of 2005’’. Section 2320 of title 18, United States Code, Patent and Trademark Office and in use, (b) COUNTERFEIT GOODS OR SERVICES.—Sec- is amended as follows: whether or not the defendant knew such tion 2320(e) of title 18, United States Code, is (1) Subsection (a) is amended by inserting mark was so registered; amended— after ‘‘such goods or services’’ the following: ‘‘(iii) that is applied to or used in connec- (1) by striking paragraph (2) and inserting ‘‘, or intentionally traffics or attempts to tion with the goods or services for which the the following: traffic in labels, patches, stickers, wrappers, mark is registered with the United States ‘‘(2) the term ‘traffic’ means to transport, badges, emblems, medallions, charms, boxes, Patent and Trademark Office, or is applied transfer, or otherwise dispose of, to another, containers, cans, cases, hangtags, docu- to or consists of a label, patch, sticker, wrap- for purposes of commercial advantage or pri- mentation, or packaging of any type or na- per, badge, emblem, medallion, charm, box, vate financial gain, or to make, import, ex- ture, knowing that a counterfeit mark has container, can, case, hangtag, documenta- port, obtain control of, or possess, with in- been applied thereto, the use of which is tion, or packaging of any type or nature that tent to so transport, transfer, or otherwise likely to cause confusion, to cause mistake, is designed, marketed, or otherwise intended dispose of;’’; or to deceive,’’. to be used on or in connection with the goods (2) by redesignating paragraph (3) as para- (2) Subsection (b) is amended to read as or services for which the mark is registered graph (4); and follows: in the United States Patent and Trademark (3) by inserting after paragraph (2) the fol- ‘‘(b)(1) The following property shall be sub- Office; and lowing: ject to forfeiture to the United States and no ‘‘(iv) the use of which is likely to cause ‘‘(3) the term ‘financial gain’ includes the property right shall exist in such property: confusion, to cause mistake, or to deceive; receipt, or expected receipt, of anything of ‘‘(A) Any article bearing or consisting of a or’’; and value; and’’. counterfeit mark used in committing a vio- (B) by amending the matter following sub- (c) CONFORMING AMENDMENTS.— lation of subsection (a). paragraph (B) to read as follows: (1) SOUND RECORDINGS AND MUSIC VIDEOS OF ‘‘(B) Any property used, in any manner or ‘‘but such term does not include any mark or LIVE MUSICAL PERFORMANCES.—Section part, to commit or to facilitate the commis- designation used in connection with goods or 2319A(e) of title 18, United States Code, is sion of a violation of subsection (a). services, or a mark or designation applied to amended by striking paragraph (2) and in- ‘‘(2) The provisions of chapter 46 of this serting the following: title relating to civil forfeitures, including labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, con- ‘‘(2) the term ‘traffic’ has the same mean- section 983 of this title, shall extend to any ing as in section 2320(e) of this title.’’. seizure or civil forfeiture under this section. tainers, cans, cases, hangtags, documenta- (2) COUNTERFEIT LABELS FOR At the conclusion of the forfeiture pro- tion, or packaging of any type or nature used PHONORECORDS, COMPUTER PROGRAMS, ETC.— ceedings, the court, unless otherwise re- in connection with such goods or services, of Section 2318(b) of title 18, United States quested by an agency of the United States, which the manufacturer or producer was, at Code, is amended by striking paragraph (2) shall order that any forfeited article bearing the time of the manufacture or production in or consisting of a counterfeit mark be de- question, authorized to use the mark or des- and inserting the following: stroyed or otherwise disposed of according to ignation for the type of goods or services so ‘‘(2) the term ‘traffic’ has the same mean- law. manufactured or produced, by the holder of ing as in section 2320(e) of this title;’’. ‘‘(3)(A) The court, in imposing sentence on the right to use such mark or designation.’’. (3) ANTI-BOOTLEGGING.—Section 1101 of title a person convicted of an offense under this (4) Section 2320 is further amended— 17, United States Code, is amended by strik- section, shall order, in addition to any other (A) by redesignating subsection (f) as sub- ing subsection (b) and inserting the fol- sentence imposed, that the person forfeit to section (g); and lowing: the United States— (B) by inserting after subsection (e) the fol- ‘‘(b) DEFINITION.—In this section, the term ‘‘(i) any property constituting or derived lowing: ‘traffic’ has the same meaning as in section from any proceeds the person obtained, di- ‘‘(f) Nothing in this section shall entitle 2320(e) of title 18.’’. rectly or indirectly, as the result of the of- the United States to bring a criminal cause The bill (H.R. 32), as amended, was fense; of action under this section for the repack- read the third time and passed.

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.017 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1371 KATRINA EMERGENCY families left jobless after the events of SEC. 2. UNEMPLOYMENT ASSISTANCE. ASSISTANCE ACT OF 2005 September 11, is the least we can do to (a) IN GENERAL.—Notwithstanding section 410 of the Robert T. Stafford Disaster Relief Mr. FRIST. Mr. President, I ask allow these displaced families some measure of security as they look for and Emergency Assistance Act (42 U.S.C. unanimous consent that the Senate 5177), in providing assistance under that sec- work while facing mounting expenses proceed to the immediate consider- tion to individuals unemployed as a result of and countless other challenges in re- ation of calendar No. 229, S. 1777. Hurricane Katrina— building their lives and their commu- The PRESIDING OFFICER. The (1) the President shall accept applications nities. clerk will report the bill by title. for assistance during— In the current amendment, we added (A) the 90-day period beginning on the date A bill (S. 1777) to provide relief for the vic- language in section 2(a)(2) clarifying on which the applicable major disaster was tims of Hurricane Katrina. what we understand to be the current declared; or There being no objection, the Senate law regulating the DUA program—that (B) such longer period as may be estab- proceeded to consider the bill. an individual is not eligible to collect lished by the President; and Mr. LEIBERMAN. Mr. President, I DUA at any given time if the indi- (2) subject to subsection (b), the President have been pleased to work with Sen- vidual is, at the same time, eligible to shall provide assistance to any unemployed individual, to the extent the individual is ator COLLINS to draft and reach agree- receive any other unemployment bene- not entitled to unemployment compensation ment on this legislation to provide re- fits available under Federal or State under any Federal or State law, until that lief for the victims of Hurricane law. Individuals whose regular unem- individual is reemployed in a suitable posi- Katrina. ployment benefits expire may then be tion. The package that the Senate is pass- eligible to receive DUA if no other Fed- (b) LIMITATION FOR PERIOD OF ASSIST- ing today does not contain everything eral or State jobless benefits are avail- ANCE.—The total amount of assistance pay- that I would like, but I think the provi- able. However, under no circumstances able to an individual under subsection (a) sions of this bill will make a real dif- can they collect more than the 39 may not exceed payments based on a 39-week period of unemployment. ference for the families and their com- weeks in total benefits. This provision munities. is consistent with current DUA law as SEC. 3. REIMBURSEMENT FOR PURCHASES. (a) DEFINITIONS.—In this section: The challenges facing our country in applied by the U.S. Department of Labor. We are simply extending the (1) DISASTER PERIOD.—The term ‘‘disaster the aftermath of Hurricane Katrina are period’’ means, with respect to any State like nothing we have faced in modern benefit period from 26 weeks under cur- that includes an area for which a major dis- times—if ever. rent law to 39 weeks. aster has been declared in accordance with This legislation has four parts. Two, the second provision in the bill section 401 of the Robert T. Stafford Disaster First, this measure will provides an would allow communities to be reim- Relief and Emergency Assistance Act (42 additional 13 weeks of Federal Disaster bursed for buying certain supplies in U.S.C. 5170) as a result of Hurricane Katrina Unemployment Assistance for those bulk—such as linens, cots, or or Hurricane Rita, the period beginning on toiletries—and giving them out to indi- the earliest date on which any area of the who lost their jobs because of Hurri- State was so declared and ending on the lat- cane Katrina, thereby extending the vidual victims of either Hurricane Katrina or Hurricane Rita. est date for which any such declaration of an duration of benefits from the current 26 Third, the bill expresses the sense of area of the State terminates. weeks to 39 weeks. More than 46,000 Congress that international students (2) KATRINA OR RITA SURVIVOR.—The term gulf coast workers were left jobless as should not be deported solely due to ‘‘Katrina or Rita Survivor’’ means an indi- a result of Hurricane Katrina, and this vidual who— their inability to fulfill the terms of (A) resides in an area for which a major legislation is urgently needed, as these their visas as a result of a national dis- workers will run out of their 26 weeks disaster has been declared in accordance aster such as Katrina. with 401 of the Robert T. Stafford Disaster of Federal assistance starting March 4. Fourth and finally, the legislation re- Relief and Emergency Assistance Act (42 Those who qualify for Disaster Un- quires that the Secretary of Homeland U.S.C. 5170) as a result of Hurricane Katrina employment Assistance, or DUA, gen- Security must establish new inspection or Hurricane Rita; or erally do not qualify for regular unem- guidelines saying that inspectors who (B) resided in an area described in subpara- ployment benefits. They mostly in- determine eligibility for FEMA assist- graph (A) during the 7 days immediately pre- clude the self-employed, like fisherman ance may not enter into contracts with ceding the date of declaration of a major dis- and small business owners, who make those for whom they perform inspec- aster described in subparagraph (A). up a vital sector of the economy in the (3) MAJOR DISASTER.—The term ‘‘major dis- tions. aster’’ has the meaning given the term in gulf coast. Their weekly DUA assist- This bill does not make all of the section 102 of the Robert T. Stafford Disaster ance, which corresponds to the changes to disaster assistance pro- Relief and Emergency Assistance Act (42 amounts provided in regular unemploy- grams that I would have liked. But U.S.C. 5122). ment benefits in the States, is modest, that is the nature of compromise. In (b) REIMBURSEMENT.— at best. In Louisiana, for example, the my opinion, the Disaster Unemploy- (1) IN GENERAL.—Notwithstanding any weekly DUA benefit averages just $100 ment Assistance program, in par- other provision of law, the President may re- a week. ticular, needs further strengthening. I imburse a community for each purchase of The version of this legislation that I hope there may be an opportunity in supplies (such as food, personal hygiene products, linens, and clothing) distributed to proposed on the Senate floor on Sep- the future to consider further improve- ments. But I am very pleased that we Katrina or Rita Survivors. tember 15, 2005, would have also in- (2) ELIGIBLE PURCHASES.—Reimbursement creased the minimum DUA benefit to have been able to make very meaning- under paragraph (1) shall be available only $135 a week, or half the national aver- ful improvements that will help fami- with respect to supplies that— age unemployment benefit, and that lies weather this terrible storm. (A) are purchased with taxpayer dollars; was retained in our bill reported out of Mr. FRIST. Mr. President, I ask and the Homeland Security and Govern- unanimous consent that the amend- (B) would otherwise be eligible for reim- mental Affairs committee; the com- ment at the desk be agreed to, the bill, bursement if purchased by a Katrina or Rita Survivor. promise amendment now before the as amended, be read the third time and passed, the motions to reconsider be (c) PERIOD OF APPLICABILITY.—This section Senate leaves the benefit levels under and the authority provided by this section current statute unchanged. laid upon the table, and that any state- ments relating to the bill be printed in apply only to a community assisting Katrina The fact that so many families re- or Rita Survivors from a State during the main unemployed almost 6 months the RECORD. disaster period of the State. The PRESIDING OFFICER. Without after the storm is a grave reminder SEC. 4. INTERNATIONAL STUDENTS DISPLACED objection, it is so ordered. that we as a Nation still have far to go BY KATRINA. The amendment (No. 2890) was agreed It is the sense of Congress that the Bureau to realize our promise of hope to the to, as follows: proud people of New Orleans and rest of of Immigration and Customs Enforcement Strike all after the enacting clause and in- within the Department of Homeland Secu- the gulf coast who suffered the worst sert the following: rity should suspend or refrain from initi- natural disaster this Nation has ever SECTION 1. SHORT TITLE. ating removal proceedings for international known. Extending these limited bene- This Act may be cited as the ‘‘Katrina students and scholars who are deportable fits by 13 weeks, just as we did for the Emergency Assistance Act of 2005’’. solely due to their inability to fulfill the

VerDate Aug 31 2005 04:27 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G15FE6.057 S15FEPT1 jcorcoran on PROD1PC62 with SENATE S1372 CONGRESSIONAL RECORD — SENATE February 15, 2006 terms of their visas as a result of a national sands, maybe millions, of Americans the core values and issues involved in disaster, such as Hurricane Katrina. over the next 50 years, and created a the PATRIOT Act. SEC. 5. CONTRACTING AUTHORITY. $140 billion trust fund. It involved pay- What has Senator FEINGOLD asked Not later than 90 days after the date of en- ments of billions of dollars into that for? He has asked for an opportunity to actment of this Act, the Secretary of Home- trust fund by American businesses offer perhaps four amendments, four land Security, acting through the Under Sec- from a list that was never publicly dis- amendments, and he has gone on to say retary for Emergency Preparedness, shall propose new inspection guidelines that pro- closed. Then as the bill arrived on the that he doesn’t want days or long peri- hibit an inspector from entering into a con- floor, as we expected, the chairman of ods of time to debate them. He will tract with any individual or entity for whom the Senate Judiciary Committee filed a agree to limited debate on each amend- the inspector performs an inspection for pur- substitute to the bill, wiping away the ment. Nothing could be more reason- poses of determining eligibility for assist- 393-page bill, replacing it with a 392- able. What he said is the Senate needs ance from the Federal Emergency Manage- page bill, and then we proceeded to de- to face reality. This is an important ment Agency. bate. bill. It involves our constitutional The bill (S. 1777), as amended, was One amendment was called by the rights. And whether I would agree or read the third time and passed. Senator from Texas, Mr. CORNYN. Ob- disagree with any of Senator FEIN- f jection was made on the floor to Sen- GOLD’s amendments, I would fight, as ator CORNYN’s amendment, and a mo- long as I had the breath in my body ORDERS FOR THURSDAY, tion to table and stop debate on his and the strength to stand, that he have FEBRUARY 16, 2006 amendment was passed. At that point, the right to express his point of view Mr. FRIST. Mr. President, I ask we went into a question about whether and bring this matter to a vote in the unanimous consent that when the Sen- that bill would satisfy the require- Senate. That is not unreasonable, nor ate completes its business today, it ments of the Budget Act. Then, with- is Senator FEINGOLD unreasonable in stand in adjournment until 9:30 a.m. on out another amendment being offered, his position. And for the suggestion to Thursday, February 16. I further ask the majority leader announced the Re- be made on the floor that somehow we that following the prayer and the publican side was going to file a clo- have dragged this out for a lengthy pe- pledge, the morning hour be deemed to ture motion to close down debate and riod of time overlooks the obvious. have expired, the Journal of the pro- amendments on this bill. The offer was made for two votes to- ceedings be approved to date, the time To suggest that somehow we are in- morrow on Senator FEINGOLD’s amend- for the two leaders be reserved, and the undating this body with amendments ment and then a cloture vote tomorrow Senate then begin a period of morning and debate is to overlook the obvious: on the bill and, if cloture were invoked, business for up to 30 minutes, with the One amendment was offered by a Re- pass the bill tomorrow. That offer was first 15 minutes under the control of publican Senator from Texas, and as rejected by the Republican majority. the Democratic leader or his designee, we were waiting for the budget point of Why? Not because of fear of terrorism and the second 15 minutes under the order, the majority leader suggested but fear of debate. Not because of fear control of the majority leader or his that we would close down debate on the of threats to America but fear of designee; provided further, that fol- bill, and that was the end of the story. threats that some amendment may be lowing morning business, the Senate So this argument that somehow we adopted, somehow upsetting an apple resume consideration of the motion to are dragging our feet here and some- cart. Well, that is unfortunate. But proceed to S. 2271, as under the pre- how miring down the process with this Democratic process is an open vious order. I further ask that the time amendments—the record speaks for process—at least I hope it is—and we until the cloture vote at 10:30 a.m. be itself. That was not the case on the as- should protect the rights of Members equally divided between the two lead- bestos bill. Last night, when the budg- on both sides of the aisle to offer ers or their designees. et point of order was called, it was sus- amendments with reasonable periods of The PRESIDING OFFICER. Without tained. That means, in common terms, debate. We should have actual debate objection, it is so ordered. that the bill was returned to com- on the floor and then make a decision. Mr. DURBIN. Mr. President, if the mittee because it was not written prop- One of my favorite friends and col- majority leader will withhold com- erly. leagues from the House was a fellow pleting business for a moment, I wish It was not written in a way to com- named Congressman Mike Synar of to have a few minutes to respond. ply with our Budget Act. So that is the Oklahoma. He passed away about 10 Mr. FRIST. Let me finish my com- state of affairs on the asbestos bill. years ago. I liked Mike so much. He ments before we close. Now comes the PATRIOT Act. If was a close personal friend. He used to Mr. DURBIN. Of course. there is any suggestion in the majority lament that so many of his colleagues f leader’s remarks that anything that in the House of Representatives were has happened on the floor of the Senate loathe to even engage in a debate on a PROGRAM yesterday or today in any way endan- controversial issue. He would listen to Mr. FRIST. Mr. President, tomor- gers America, I think the record speaks Members of the House of Representa- row—to explain what we did—following for itself. That is not a fact. The cur- tives whining and crying about having morning business, the Senate will re- rent PATRIOT Act, as written, con- to face a vote on a controversial issue, sume debate on the motion to proceed tinues to protect America until March and Mike Synar used to say: If you to the PATRIOT Act amendments act. 10. We could continue debating right don’t want to fight a fire, don’t be a The cloture vote on that motion to here on the floor of the Senate up until fireman. If you don’t want to vote on proceed will occur at 10:30 in the morn- March 9 and even on March 10, and we tough issues, don’t be a Member of the ing. Under the agreement, once cloture would never have a gap in coverage of U.S. House of Representatives. has been invoked on the motion to pro- the PATRIOT Act as a law. So there is Well, the Mike Synar rule applies ceed, we will proceed immediately to no endangerment of America, no less- here. If you don’t want to face the re- the bill, and a cloture vote on the bill ening of our defense against terrorism ality of the debate on critical constitu- itself will occur at 2:30 p.m. on Tues- by the possibility that the Senate tional and legal issues, I don’t know day, February 28, with a vote on final might stop, reflect, consider, and even why one would run for the Senate. passage at 10 a.m. on Wednesday, debate the PATRIOT Act. What Senator RUSS FEINGOLD of Wis- March 1. I am sorry that my colleague, Sen- consin has asked us to do is to consider Mr. DURBIN. I thank the leader. ator FEINGOLD of Wisconsin, is not here amendments to the PATRIOT Act. Mr. President, I will respond to some to speak for himself, but he has been What is wrong with that? That is as comments he made a few minutes ago. an extraordinary leader on this issue. basic as it gets. That is why we are First, about the asbestos bill, I think He has taken a position which I think here. And whether I would vote for or the record speaks for itself. A 393-page is nothing short of politically bold, if against those amendments, I would de- bill came to the floor of the Senate. It not courageous, in standing up and fend his right to offer them, and I hope was a fairly complicated bill, which saying, even in the midst of terrorism, that the record will reflect what I have would have affected hundreds of thou- we need to take the time and debate just said. He was ready to stand, offer

VerDate Aug 31 2005 03:30 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15FE6.012 S15FEPT1 jcorcoran on PROD1PC62 with SENATE February 15, 2006 CONGRESSIONAL RECORD — SENATE S1373 the amendments with limited debate, whelming support in this body, some- opportunity to debate, when it was a and then move this bill to a cloture body will come forward and say: One request from your side of the aisle that vote tomorrow, which, if it were in- more amendment, one more amend- we take a whole day, that we not have voked, would see the passage of the bill ment, one more amendment. amendments but just to talk about it as soon as tomorrow. That offer by It is exactly right. It is time to bring again—I am not sure why—but then to Senator FEINGOLD was rejected. this to a close. This will pass with complain that we did not have time to So to say that we are foot-dragging overwhelming support—not today, as it offer amendments when it came to that on this side of the aisle or that any should have, or tomorrow or Monday or first day—I think it was Wednesday; no Democratic Senator such as Senator Tuesday, but on Wednesday morning. amendments today—it is a little bit FEINGOLD is not trying to cooperate It is going to pass with overwhelming disingenuous, especially as it fits this does not accurately state what we have support. larger pattern I laid out of the tax re- been through to this moment on the My point is this whole delay, this lief bill just to get to conference re- PATRIOT Act. postponement, is stopping the Nation’s quiring three separate considerations I will close by saying that despite business as we have to address other on this floor, 17 rollcall votes for the partisan differences, there is partisan important issues—whether it is our first 20-hour limitation, the second 20- cooperation in this Chamber, and I budgetary issues, whether issues on hour limitation requiring seven more wish to say as I close these remarks health care or education or LIHEAP, rollcall votes, motions to instruct here that I want to salute Senator JOHN flood insurance or lobbying reform. All all yesterday morning, nonbinding mo- SUNUNU on the Republican side of the these issues get put off another 4 or 5 tions. aisle; he has worked night and day over days—yes, using the rights we have on The pensions bill, I still do not fully the last several months to come up this floor. I respect that. But to no understand why there is delay in get- with what I consider to be a reasonable avail. It is hurting the American peo- ting the pensions bill to conference, way to end the current debate on the ple, not helping the American people. when the first request was made in De- PATRIOT Act. Asbestos—this is a complicated bill. cember and the second one earlier this We stood together, we worked to- It is a bill many of us have been work- year, and then now, on an important gether, we brought the issue to the ing on for 3 years. We started the bill, bill, when people are out there saying floor. I don’t think it is unreasonable not Tuesday or Monday of this week we have to address the pension bill—it to give Senator FEINGOLD his moment and not Friday of last week or Thurs- passed the Senate, passed the House of to offer amendments with limited de- day or Tuesday, but I think it was Representatives—we have to get it to bate, bring them to a vote, put the Monday morning that we said: Let’s conference so we can come up with a Senate on the record, and move for- talk about this bill, let’s debate this final product for the President to sign. ward. To suggest otherwise does not re- bill and have unlimited debate. As I Instead of arguing each of these indi- flect an accurate presentation of the pointed out, they said: No, we are not vidual bills, I just wanted to make the facts as they occurred. going to go to the bill. We are not point that it is a pattern that we can- I yield the floor. going to go to a bill which is an impor- not continue. We have to work to- The PRESIDING OFFICER. The ma- tant bill which has to be addressed. gether in the Nation’s interest, in the jority leader. We have 700,000 individuals who have interests of the American people. Un- Mr. FRIST. Mr. President, I find my filed claims for their illnesses, and less things are changed, we are not colleague’s comments in response to 300,000 of those claims are still pending going to be delivering what we are re- my statement that the problem is that in the courts. Tragically, as I men- sponsible to do. we are seeing this whole pattern of ob- tioned earlier, some of the most ill Anyway, that is a little bit out of my struction and postponement—it is not among those are among the worst frustration with the other side of the just one bill, it is this whole series of served because of the delay in having aisle in terms of the way they have bills—I find his comments responsive the cases considered, and then, once conducted business, and I believe we to several of the things I said but not considered, even if they get compensa- can work together in a civil way to ad- really responsive to this pattern. I tion for every dollar that is spent, 60 dress these important issues in the really just want to make that a com- cents goes to the system and the trial coming days. ment and not get into a long debate lawyers and only 40 cents goes to the about it. But I do want to point out patient. f that pattern of the things that I men- Yet, because of this mentality of tioned, like the PATRIOT Act as my Democrats, obstructing—they say you ADJOURNMENT UNTIL 9:30 A.M. colleague pointed out, it is time to are not going to go to the bill. You are TOMORROW bring this to a close. going to have to file a motion to pro- Mr. FRIST. Mr. President, if there is This thing is going to pass over- ceed and cloture on that motion to pro- no further business to come before the whelmingly, and that is exactly right. ceed to the bill, which is a waste of 2 Senate, I ask unanimous consent that I rejected options to continue to amend days. Then the vote was either 98 to 2 the Senate stand in adjournment under this forever. The problem, in part, that or 98 to 1. So once we got to the vote, the previous order. got us to this point is every time we they said: We will be with you, let’s go There being no objection, the Senate, come to an agreement which is a bill ahead and consider it. And then to hear at 7:50 p.m., adjourned until Thursday, that, as written, will have over- my colleagues say: We didn’t have an February 16, 2006, at 9:30 a.m.

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TRIBUTE TO ALICE HOEPPNER Boehmer. His commitment to and sacrifice for RECALLING THE TRAGIC DAY OF our Nation will never be forgotten. FEBRUARY 24, 1996 HON. IKE SKELTON f OF MISSOURI TRIBUTE TO ODELL BARRY HON. LINCOLN DIAZ-BALART IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Wednesday, February 15, 2006 HON. MARK UDALL IN THE HOUSE OF REPRESENTATIVES Wednesday, February 15, 2006 Mr. SKELTON. Mr. Speaker, it has come to OF COLORADO my attention that a long and exceptionally dis- IN THE HOUSE OF REPRESENTATIVES Mr. LINCOLN DIAZ-BALART of Florida. Mr. tinguished career has come to an end. Mrs. Wednesday, February 15, 2006 Speaker, on February 24th the Cuban people Alice Hoeppner, of Lexington, MO, retired on Mr. UDALL of Colorado. Mr. Speaker, I am commemorate a glorious and tragic date in the December 31, 2005, from her position as dep- pleased to recognize a Coloradan who has history of Cuba. The 1895 war of independ- uty county clerk for Lafayette County. made a substantial impact on our State while ence began exactly 111 years ago; the Cry of Mrs. Hoeppner first entered public service serving as a role model for achievement in the Baire constitutes one of the most heroic acts while she was attending Lexington High African-American community. I am proud to of the Cuban people. Intimately connected School, Lexington, MO. On July 12, 1948, she acknowledge the accomplishments of Mr. with this date is the heroism of Marti, Gomez, began working for the probate court in the La- Odell Barry and to congratulate him on his re- Maceo, Banderas, and the thousands of free- fayette County Courthouse. Later she joined cent election to the Ford-Warren Library’s dom fighters known as mambises who shall the County Clerk’s office on a part-time basis. ‘‘Blacks in Colorado’’ Hall of Fame. It is a well- forever ennoble the Cuban nationality. In 1950, Alice married Bennie Hoeppner, bestowed honor, and befitting the life and Tragically, February 24th will also be forever and in 1951, she resigned her job to raise her works of a wonderful man. connected with the murders which took place children, Patricia, Steve and Tony. Originally from Ohio, Odell Barry began his on that date ten years ago. The Cuban tyrant, In September 1974, then-Lafayette County Colorado experience in a way that ensures the ultimately insulted by the courage dem- Clerk Edgar Oetting asked her to work for him admiration and affection of many of our resi- onstrated by the Brothers to the Rescue when full-time as the deputy county clerk. She re- dents—as a Denver Bronco. Playing in 1964 they dropped pamphlets and other pieces of mained full-time, also serving under County and 1965, he still holds a place in the Bron- paper over Havana with pro-democracy slo- Clerk Linda Nolting and under the current cos’ record books with the second-most kickoff gans and copies of the Universal Declaration County Clerk, Linda Niendick. return yards in a season. Mr. Barry’s athletic of Human Rights, ordered the murder of the Mr. Speaker, Mrs. Alice Hoeppner has dedi- accomplishments are the envy of many, and I men and women who were going to fly on cated herself to serving Lafayette County. I am sure he will not mind my saying that I am February 24th in civilian planes carrying out know the Members of the House will join me old enough to recall them. humanitarian missions for Brothers to the Res- in wishing her all the best as she moves on After his retirement from professional foot- cue. to the next step in her life. ball, Odell involved himself heavily in the civic The Cuban tyrant prepared his murders f affairs of Northglenn, CO, a community in my well. An agent of his by the name of Roque, district. He built a successful business with his who had occasionally flown for the Brothers to HONORING SERGEANT JEREMIAH wife, Glenda, and raised his family. These the Rescue organization, was ordered to re- BOEHMER years were a preamble to his historic 1980 turn the day before to Cuba. Roque was going election as the first African-American mayor of to publicly declare after the murders of Feb- HON. STEPHANIE HERSETH Northglenn and the second African-American ruary 24th that he was a survivor from the OF SOUTH DAKOTA mayor of a major metropolitan city—after mission and that the humanitarian group’s IN THE HOUSE OF REPRESENTATIVES Mayor Penfield Tate of Boulder—in Colorado. planes were taking arms to ‘‘Concilio Cubano’’, a coalition of dissident organizations Wednesday, February 15, 2006 As mayor of Northglenn, Odell Barry helped to steer the city through major commercial and inside Cuba which had announced its intention Ms. HERSETH. Mr. Speaker, I want to take economic growth at a difficult time in the his- to host a public meeting in Havana on Feb- this opportunity to honor the life of SGT Jere- tory of Colorado’s economy. His open and ruary 24th and whose membership was bru- miah Boehmer, who died February 5, 2006, warm-hearted style won many admirers and tally repressed by the dictatorship. Roque while serving in Iraq. he was particularly committed to improving would also announce that the planes had Every Member of the House of Representa- recreational opportunities for young people. been shot down over Cuban waters. tives has taken a solemn oath to defend the He was instrumental in advocating transpor- We all know that Pablo Morales, Armando Constitution against all enemies, foreign and tation improvements, including construction of Alejandre Jr., Mario de la Pen˜a, and Carlos domestic. While we certainly understand the the new Denver International Airport. Costa were brutally murdered on February 24, gravity of the issues facing this legislative Odell was the first African-American citizen 1996. I am sure that those four martyrs of body, SGT Jeremiah Boehmer lived that com- to become a charter member of Rotary Inter- freedom, peace, and patriotism will be duly mitment to our country. Today, we remember national, the first African-American citizen to memorialized in the democratic Cuba of to- and honor his noble service to the United become president of the Colorado Civil De- morrow, as they are in South Florida today. States and the ultimate sacrifice he has paid fense Association, the chair of the Colorado The intervention of destiny saved the third with his life to defend our freedoms and foster Economic Development Commission, and a Brothers to the Rescue plane which flew on liberty for others. crucial advocate for building, and bringing a February 24, 1996. That intervention of the im- The lives of countless people were enor- professional baseball team, the Colorado ponderable made it possible for the world and mously enhanced by Jeremiah’s compassion Rockies, to Colorado. for history to know that the planes were shot and service. Jeremiah, who represented the I have no doubt that Odell and Glenda will down over international waters, while engaged best of the United States, South Dakota, and continue to accomplish great things, serving in a peaceful and humanitarian mission. the military continues to inspire all those who as role models for Americans of all ages and Mr. Speaker, let us remember the four mar- knew him and many who did not. Our Nation colors. In recognition of his latest achievement tyrs from the Brothers to the Rescue, let us re- and the State of South Dakota are far better and for his already secure place in Colorado member all the political prisoners, and let us places because of his service, and the best history, I ask my colleagues to join me in rec- remember the countless men and women who way to honor him is to emulate his devotion to ognizing Odell Barry and congratulating him have given their best years, and often their our country. on becoming the newest addition to the Ford- lives, for the freedom of Cuba. My colleagues, I join with all South Dakotans in expressing Warren Library’s esteemed ‘‘Blacks in Colo- this February 24th, we must recommit our- my sympathies to the family of SGT Jeremiah rado’’ Hall of Fame. selves to the cause of freedom and liberty for

∑ 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 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.001 E15FEPT1 ycherry on PROD1PC64 with REMARKS E158 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 all who languish in the darkness of totali- State of South Dakota are far better places COUNCIL OF KHALISTAN SENDS tarianism. My Colleagues, we must recommit because of his service, and the best way to NEW YEAR GREETINGS ourselves to hastening the dawn of a free and honor him is to emulate his devotion to our democratic Cuba. Country. HON. EDOLPHUS TOWNS f I join with all South Dakotans in expressing OF NEW YORK IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF THE MOST REV- my sympathies to the family of SPC Allen EREND BISHOP MICHAEL F. Kokesh Jr. His commitment to and sacrifice for Wednesday, February 15, 2006 our Nation will never be forgotten. MCAULIFFE Mr. TOWNS. Mr. Speaker, last month the Council of Khalistan sent out New Year’s HON. IKE SKELTON f greetings to the Sikh Nation. In the letter the OF MISSOURI A TRIBUTE TO CAL FRAZIER Council noted that the flame of freedom still IN THE HOUSE OF REPRESENTATIVES burns brightly in Punjab, Khalistan, despite In- dia’s ongoing effort to stamp out the freedom Wednesday, February 15, 2006 HON. MARK UDALL movement. In both January and June of 2005, Mr. SKELTON. Mr. Speaker, it is with deep Sikhs were arrested for making speeches in sadness that I inform the House of the death OF COLORADO support of freedom Khalistan, the Sikh home- of the Most Reverend Bishop Michael F. IN THE HOUSE OF REPRESENTATIVES land, and raising the Khalistani flag. When did McAuliffe of Jefferson City, MO. making speeches and hoisting a flag become McAuliffe was born on November 22, 1920, Wednesday, February 15, 2006 crimes in a democracy? in Kansas City, Kansas, son of John and Mr. UDALL of Colorado. Mr. Speaker, I rise The letter took note of Prime Minister Bridget McAuliffe. His education included the today to recognize and honor the life of Mr. Manmohan Singh’s apology to the Sikh Nation St. John High School Seminary in Kansas Cal Frazier, a great Coloradan who passed for the massacres of November 1984 that City, St Louis’ Preparatory Seminary and the away on January 30, 2006, at his home in killed over 20,000 Sikhs. This clearly admits Theological College of Catholic University of Lakewood, CO. He will be missed by friends India’s culpability for this horrible massacre. America in Washington, DC. On May 31, and loved ones, and his leadership in civic af- While that apology is a positive step and we 1945, he was ordained a priest. In 1954, he fairs and education will be missed as well. applaud it, it was not accompanied by any earned a doctorate in Sacred Theology. compensation to the victims’ families. Nor was He served many parishes and education as- Orphaned as a teenager, Cal Frazier stud- it accompanied by an apology for the military signments. One of these assignments was su- ied at Palmer High School in Colorado Springs attack on the Golden Temple or any other In- perintendent of the diocesan schools in the and earned a scholarship to the University of dian government atrocity against the Sikhs. Kansas City area. On July 2, 1969, Pope Paul Puget Sound in Tacoma, WA. There he met Nevertheless, it shows India’s awareness of VI appointed McAuliffe as the second Bishop his future wife, Jean H. Frazier, and upon the rising tide of freedom in Punjab, Khalistan. of Jefferson City. He served in this position for graduation became an elementary school Last month, the Indian government bull- 28 years. During his tenure, he had an active teacher. This was the beginning of a long and dozed the homes of Sikh farmers in interest in parochial education. Approximately illustrious career in the education system. Uttaranchal Pradesh, farms they had worked 13 years ago, he started the Diocesan Excel- While still in Washington, Cal taught high all their lives for, and expelled them from the lence in Education Fund. school, became a principal, a special edu- state. This is the height of discrimination McAuliffe retired in 1995, at age 75, but re- cation director, and earned his masters and against the Sikhs. No Sikhs are allowed to mained the bishop until Pope John Paul II ap- doctoral degrees in education. own land in Rajasthan and in Himachal pointed the current bishop in 1997. After his stint in Washington, Colorado was Pradesh, but outsiders are allowed to buy land Mr. Speaker, the Most Reverend Bishop Mi- fortunate to have him back. Cal began to in Punjab. The government encourages Hin- chael McAuliffe was a valuable leader in both teach in yet another capacity at the University dus to buy land in Punjab. Is this secularism the church and his community. I know the of Colorado–Boulder, giving him experience in in action? Is this democracy at work? members of the House will join me in extend- virtually all levels of our education system. In Mr. Speaker, these are just the latest acts ing heartfelt condolences to his friends and 1973, with all of his hard-earned expertise and against the legitimate freedom movement in family. credibility, he was appointed to serve as the Punjab, Khalistan. The repression has been f commissioner of the Colorado Department of ongoing. The Indian government has mur- Education, beginning a 15-year term of serv- dered over 250,000 Sikhs, according to figures HONORING SPECIALIST ALLEN ice. Even after his official retirement, Cal con- compiled by the Punjab State Magistracy and KOKESH, JR. tinued to serve on boards and commissions human-rights groups. In addition, the Move- devoting his life toward improving the edu- ment Against State Repression, MASR—an HON. STEPHANIE HERSETH cation system. organization that should be unnecessary in a OF SOUTH DAKOTA Those who knew Cal Frazier have fond democratic state—reported in one of its stud- IN THE HOUSE OF REPRESENTATIVES memories of his remarkable impact on the ies that the Indian government admitted to holding 52,268 Sikh political prisoners. Some Wednesday, February 15, 2006 education system. He was a role model and a leader on many levels. Beyond his many ac- have been held since 1984! These are in addi- Ms. HERSETH. Mr. Speaker, I want to take complishments in life, Cal Frazier taught Colo- tion to tens of thousands of other political pris- this opportunity to honor the life of SPC Allen radans through his deeds as well as his oners, according to Amnesty International. Kokesh Jr., who died February 7, 2006, from words. He will be remembered as someone And the Indian government has killed over wounds suffered while serving in Iraq. who did not need to be in the front of a class- 90,000 Kashmiri Muslims, over 300,000 Chris- Every member of the House of Representa- room to be a teacher. tians in Nagaland, tens of thousands of Chris- tives has taken a solemn oath to defend the tians and Muslims throughout the country, and constitution against all enemies, foreign and I had the opportunity to work with Cal briefly tens of thousands of Assamese, Bodos, Dalits, domestic. While we certainly understand the on the ‘‘Education to Elevate Colorado’s Econ- Manipuris, Tamils, and other minorities. And gravity of the issues facing this legislative omy (E3) Summit’’ last fall. I was struck imme- the repression continues, not only in Punjab, body, SPC Allen Kokesh Jr., lived that com- diately by his thoughtfulness, wisdom and Khalistan, but throughout the country. mitment to our Country. Today, we remember humor. Given the critical importance of ad- We can and must do something about it. and honor his noble service to the United dressing the needs of our Colorado education We can stop our aid and trade with India until States and the ultimate sacrifice he has paid community, I was heartened to know that peo- it respects full human rights for all people liv- with his life to defend our freedoms and foster ple like Cal were at the helm. ing within its borders. And we can and should liberty for others. If the measure of a life well-led is the impact declare our support for self-determination in The lives of countless people were enor- that a person has on others, then Cal’s impact Punjab, Khalistan, in Kashmir, as promised to mously enhanced by Allen’s compassion and is broad and deep. We all owe him a debt of the UN in 1948, in Nagalim, and wherever the service. Allen, who represented the best of the gratitude and respect, and I ask my col- people are seeking freedom. India claims to United States, South Dakota, and the military leagues to join me in celebrating and remem- be democratic and the essence of democracy continues to inspire all those who knew him bering a life of service while expressing our is the right to self-determination. Democracies and many who did not. Our Nation and the deepest sympathies for his family’s loss. also respect the human rights of the minority.

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.004 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E159 Why is India afraid to put this simple question true, what would be wrong with it? The FREEDOM FOR RENE GO´ MEZ to a free and fair vote? Where is its commit- Akali leaders also walked out when I pre- MANZANO ment to democratic principles, Mr. Speaker? dicted at a seminar around the celebration of Mr. Speaker, I would like to place the Coun- Guru Nanak’s birthday that Khalistan will soon be free, a prediction that was greeted HON. LINCOLN DIAZ-BALART cil of Khalistan’s open letter in the RECORD at with multiple enthusiastic shouts of OF FLORIDA this time. ‘‘Khalistan Zindabad.’’ How will these IN THE HOUSE OF REPRESENTATIVES COUNCIL OF KHALISTAN, Akalis, including Badal and his son, account Wednesday, February 15, 2006 Washington, DC, January 23, 2006. for themselves? Remember the words of MAY GURU BLESS THE KHALSA PANTH IN 2006 former Jathedar of the Akal Takht Professor Mr. LINCOLN DIAZ-BALART of Florida. Mr. WITH FREEDOM, HAPPINESS, UNITY, AND Darshan Singh: ‘‘If a Sikh is not a Speaker, I rise today to remind my colleagues PROSPERITY Khalistani, he is not a Sikh.’’ Badal and his about Rene Go´mez Manzano, a heroic polit- DEAR KHALSA JI: Waheguru Ji Ka son are not Sikhs. ical prisoner in totalitarian Cuba. Khalsa, Waherguru Ji Ki Fateh! The corruption of the Badal government Mr. Go´mez Manzano is a lawyer and a dis- Happy New Year to you and your family was just part of a pattern of corruption in tinguished member of the pro-democracy op- and the Khalsa Panth. May 2006 be your best India. Jobs are sold, legislative seats are position in Cuba. Along with fellow Cuban pa- year ever. I wish you health, joy, and pros- rigged, judges preside over cases being tried triots Martha Beatriz Roque and Felix Bonne perity in the new year. by their family members, and so many other Carcasses, he is a leader of the Assembly to The flame of freedom continues to burn forms of corruption occur. As Dr. M.S. Rahi Promote Civil Society. The Assembly is an brightly in the heart of the Sikh Nation. No has pointed out in his excellent new paper on umbrella organization of over 300 groups of force can suppress it. The arrests of Sikh ac- the corruption, this kind of corruption leads Cubans who have asserted their independ- tivists, mostly from Dal Khalsa, last Janu- to the kind of atrocities that have unfortu- ary and again in June merely for raising the nately become so routine in India. ence from the totalitarian state. On May 20, Khalistani flag and making pro-Khalistan 2005, the Assembly carried out a meeting of The Council of Khalistan has stood strong- speeches shows that the movement to free approximately 200 Cubans who publicly dem- ly and consistently for liberating our home- our homeland is on the rise. It has gotten the land, Khalistan, from Indian occupation. For onstrated their rejection of totalitarianism and attention of the world. over 18 years we have led this fight while their support for democracy and the rule of The Indian government is reacting to the others were trying to divert the resources law in Havana. Mr. Go´mez Manzano was one rising tide of freedom for the Sikh Nation. and the attention of the Sikh Nation away of the primary architects of that historic, admi- Prime Minister Manmohan Singh apologized from the issue of freedom in a sovereign, rable accomplishment. Accordingly, he has to the Sikh Nation for the Delhi massacres independent Khalistan. Yet Khalistan is the of November 1984 that killed over 20,000 been the constant target of Castro’s machin- only way that Sikhs will be able to live in Sikhs. It is good that he apologized and it ery of repression. He has been harassed by freedom, peace, prosperity, and dignity. It is clearly shows India’s responsibility, but the tyrant’s thugs and, now, unjustly incarcer- time to start a Shantmai Morcha to liberate what good does it do the Sikh Nation? Where ated as a political prisoner for his peaceful ac- Khalistan from Indian occupation. are the apologies for the golden Temple at- tivities. tack and the other atrocities? Where is the Never forget that the Akal Takht Sahib Almost a decade earlier, in 1997, after co- compensation for the victims’ families? and Darbar Sahib are under the control of authoring the important and historic work ‘‘La Earlier this month, Sikh farmers were ex- the Indian government, the same Indian gov- Patria es de Todos’’—‘‘The Homeland Belongs ernment that has murdered over a quarter of pelled from Uttaranchal Pradesh and their to All’’—with Martha Beatriz Roque, Felix land was seized. They were beaten up by the a million Sikhs in the past twenty years. police. Their homes were bulldozed by para- These institutions will remain under the Bonne Carcasses and another Cuban patriot, troopers. Their homes in many cases were control of the Indian regime until we free Vladimiro Roca, Mr. Go´mez Manzano was ar- built using their life savings and by their the Sikh homeland, Punjab, Khalistan, from rested by the dictatorship and sentenced to own hands. We condemn this act of state ter- Indian occupation and oppression and sever various years in the gulag. During his unjust rorism by the government of Uttaranchal our relations with the New Delhi govern- imprisonment, and after being released, Mr. Pradesh. As you know, Sikhs are prohibited ment. Go´mez Manzano never wavered in his com- from buying land in Rajasthan and Himachal The Sikhs in Punjab have suffered enor- mitment to bring freedom, democracy and Pradesh. Now Uttaranchal Pradesh joins mous repression at the hands of the Indian human rights to the Cuban people. Unfortu- that list. Yet there are no restrictions on regime in the last 25 years. Over 50,000 Sikh nately, in an additional act of extreme and land ownership in Punjab by non-Sikhs. Peo- youth were picked up from their houses, tor- ple from anywhere can buy land in Punjab, despicable repression by the dictatorship, Mr. tured, murdered in police custody, then se- Go´mez Manzano, along with dozens of others, including people from Rajasthan and cretly cremated as ‘‘unidentified bodies.’’ Himachal Pradesh. India is trying to subvert Their remains were never even given to their was arrested once again on July 22, 2005, be- Khalistan’s independence by overrunning families! More than a quarter of a million fore he could attend a peaceful demonstration Punjab with non-Sikhs while keeping Sikhs Sikhs have been murdered at the hands of in front of the French Embassy in Havana to from escaping the brutal repression in Pun- the Indian government. Another 52,268 are protest the resumption of the European jab. We must redouble our efforts to free our being held as political prisoners. Some have Union’s policy of so-called engagement with homeland, Punjab, Khalistan. That is the been in illegal custody since 1984! Even now, the terrorist regime in Havana. only way to keep these atrocities from con- the capital of Punjab, Chandigarh, has not I have never had the honor of personally tinuing and to protect the Sikh Nation. This been handed over to Punjab, but remains a meeting Mr. Go´mez Manzano, but I can cer- is a direct challenge to the Sikh leadership, Union Territory. How can Sikhs have any irrespective of their party affiliation. tainly say that I know him quite well. I have freedom living under a government that spoken to him by telephone during various Any organization that sincerely supports would do these things? Khalistan deserves the support of the Sikh congressional hearings and other public Nation. However, the Sikh Nation needs Sikhs will never get any justice from events dedicated to highlighting the suffering leadership that is honest, sincere, consistent, Delhi. Ever since independence, India has and oppression of the Cuban people. He is a mistreated the Sikh Nation, starting with and dedicated to the cause of Sikh freedom. great patriot, a man of the law, a man of But we should only support sincere, dedi- Patel’s memo labelling Sikhs ‘‘a criminal tribe.’’ What a shame for Home Minister peace, and an apostle of freedom for Cuba. cated, honest leaders. We must be careful if Mr. Speaker, it is completely unacceptable we are to continue to move the cause of free- Patel and the Indian government to issue this memorandum when the Sikh Nation that, while the world stands by in silence and dom for Khalistan forward in 2006 as we did acquiescence, Mr. Go´mez Manzano lan- in 2005. gave over 80 percent of the sacrifices to free The Akali Dal conspired with the Indian India. guishes in the gulag because of his belief in government in 1984 to invade the Golden How can Sikhs continue to live in such a freedom, democracy, human rights and the Temple to murder Sant Bhindranwale and country? There is no place for Sikhs in sup- rule of law. We cannot permit the brutal treat- 20,000 other Sikh during June 1984 in Punjab. posedly secular, supposedly democratic ment of a man of peace like Mr. Go´mez If Sikhs will not even protect the sanctity of India. Let us work to make certain that 2006 Manzano by a demented and murderous ty- the Golden Temple, how can the Sikh Nation is the Sikh Nation’s most blessed year by rant for simply supporting freedom for his peo- survive as a nation? making sure it is the year that we shake our- ple. My colleagues, we must never forget The Akali Dal has lost all its credibility. selves loose from the yoke of Indian oppres- those who are locked in gulags because of The Badal government was so corrupt openly sion and liberate our homeland, Khalistan, and no Akali leader would come forward and so that all Sikhs may live lives of prosperity, their desire for freedom for their countries. My tell Badal and his wife to stop this unparal- freedom, and dignity. colleagues, we must demand the immediate leled corruption. Now Badal and his son have Sincerely, and unconditional release of Rene Go´mez accused Chief Minister Amarinder Singh of DR. GURMIT SINGH AULAKH, Manzano and every political prisoner in totali- being tied in with Khalistanis. If this were President, Council of Khalistan. tarian Cuba.

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.008 E15FEPT1 ycherry on PROD1PC64 with REMARKS E160 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 TRIBUTE TO FRED SIEMS letes competing this month in the Winter This weekend, Tennessee will take an im- Olympics in Turin, Italy. portant step in saluting, and thanking, African- HON. IKE SKELTON The Olympic Games bring the world to- American soldiers for their important service OF MISSOURI gether in celebration of the best that every na- during the Civil War. Tennessee will become IN THE HOUSE OF REPRESENTATIVES tion has to offer. I am proud that five the first state in the U.S. to erect a statue to Chicagoans are joining the world’s best at the recognize the bravery of these 2000 men, and Wednesday, February 15, 2006 2006 Winter Olympics. all of the 180,000 African-American soldiers Mr. SKELTON. Mr. Speaker, it has come to Chris Chelios is serving as the captain of who fought in the Civil War. The statue is my attention that a long and exceptionally dis- the men’s hockey team for the third consecu- more than an historic monument. It will be a tinguished career in public service has come tive Olympics. At 44 years old, Chelios is the permanent and powerful reminder for all to a close. Mr. Fred Siems has retired from his oldest Olympic hockey player since 1928, but Americans and the world that the strength of position as Blue Springs city administrator. is still expected to be a driving force for the our great Nation comes from the belief laid In 1978, Siems became the first profes- Americans. After attending Mount Carmel High down by our founding fathers that ‘‘all men are sional city administrator in Blue Springs. He School, Chelios represented his hometown as created equal....’’ served in this position for 27 years, overseeing a blueliner for the Blackhawks throughout It was a desire to transform that belief into the city’s growth from approximately 10,000 to most of the 1990s. reality that these men took up arms. They be- almost 52,000 people. He retired at the end of Nineteen-year-old Northwestern University lieved in a new vision of America and they December 2005 as Missouri’s longest-serving student Margaret Crowley has several oppor- knew it was an America worth fighting for. And city administrator in one city. tunities to represent her country in speed skat- now, during Black History Month, we come to- During his tenure, he was honored with the ing, competing in the 3,000 meter and Team gether to unveil this statue and to offer the Mid-America Regional Council leadership Pursuit events. She was the U.S. junior cham- praise and appreciation that has been so long award. The International City/County Manage- pion in 2004 and the runner-up in 2005. In ad- overdue. ment Association recognized him as its out- dition to her extensive training schedule, The life-size bronze is the result of years of standing city administrator. Crowley has found the time to study econom- hard work on the part of many. The African Mr. Fred Siems has distinguished himself as ics, French and literature. American Cultural Alliance and its founder and a community leader. I am certain that my col- Shani Davis is the first African-American to executive director, Kwame Leo Lillard, led this leagues will join me in wishing Fred and his qualify for the U.S. Olympic speed skating effort. But many individuals and organizations family all the best in the days to come. team. Shani grew up on Chicago’s South Side throughout the community also dedicated f and was inspired by fellow Illinois native themselves to the task. Creative Artists of Bonnie Blair. Davis also competed in the 2002 Tennessee, the Black Veterans Association, HONORING SPECIALIST PATRICK Salt Lake City Games and was the 2005 HERRIED the 13th U.S.C.T. Regiment, the Tennessee World All-Around Speedskating Champion. Historical Commission, Tennessee State Uni- Ben Agosto is a native Chicagoan who has versity Department of History, and One Point HON. STEPHANIE HERSETH paired with Tanith Belbin to compete in ice Solutions, along with federal, state and local OF SOUTH DAKOTA dancing in Turin. They are favored to win a governments have all been involved in this IN THE HOUSE OF REPRESENTATIVES medal, which would be only the second ever campaign. Wednesday, February 15, 2006 for an American team, and the first in 30 I am proud and honored that Nashville will years. The pair combines salsa, rhumba and Ms. HERSETH. Mr. Speaker, I want to take be home to this important memorial to all cha cha as part of their original dance routines those who served in the U.S. Colored Troops this opportunity to honor the life of SPC Pat- on the ice. rick Herried, who died February 6, 2006, while during the Civil War. Unlike the battle in so Chicago native Evan Lysacek is competing many other cities, the Battle of Nashville did serving in Iraq. in his first Games as a figure skater. After Every member of the House of Representa- not take place on one battlefield. It was fought graduating from Neuqua Valley High School in in the city itself and at locations scattered tives has taken a solemn oath to defend the Naperville, he overcame a serious hip injury to Constitution against all enemies, foreign and around the edges of town. No portion of the land a spot on the U.S. team headed to Turin. city has been preserved as a park to com- domestic. While we certainly understand the Mr. Speaker, it is with great pride that I memorate those who fought and died in this gravity of the issues facing this legislative honor these five Olympians that are rep- battle. They are quietly honored at the Nash- body, SPC Patrick Herried lived that commit- resenting the U.S. in Turin. On behalf of my ville National Cemetery. And now, with the ad- ment to our country. Today, we remember and fellow Chicagoans and Americans, I wish dition of this statue, all of the troops who sac- honor his noble service to the United States these elite athletes and all of their teammates rificed so much to preserve our great Nation, and the ultimate sacrifice he has paid with his the best of luck in their respective events, and will receive the special recognition they de- life to defend our freedoms and foster liberty I thank them for representing the United serve. for others. States at the 2006 Winter Olympics. The lives of countless people were enor- f f mously enhanced by Patrick’s compassion IN RECOGNITION OF THE CON- and service. Patrick, who represented the best HONORING THOSE WHO SERVED IN TRIBUTIONS AND SERVICE OF of the United States, South Dakota, and the THE UNITED STATES COLORED POLICE COMMANDER OF THE EL military continues to inspire all those who TROOPS DURING THE CIVIL WAR CERRITO POLICE DEPARTMENT knew him and many who did not. Our Nation KENNETH S. MOSBY and the State of South Dakota are far better HON. JIM COOPER places because of his service, and the best OF TENNESSEE way to honor him is to emulate his devotion to IN THE HOUSE OF REPRESENTATIVES HON. ELLEN O. TAUSCHER OF CALIFORNIA our country. Wednesday, February 15, 2006 I join with all South Dakotans in expressing IN THE HOUSE OF REPRESENTATIVES Mr. COOPER. Mr. Speaker, I make remarks my sympathies to the family of SPC Patrick Wednesday, February 15, 2006 Herried. His commitment to and sacrifice for today to honor 2000 heroic men—men who our Nation will never be forgotten. fought for freedom and justice and a stronger, Mrs. TAUSCHER. Mr. Speaker rise to rec- united America. These men made the ultimate ognize the exceptional value of Commander f sacrifice for our country. They gave their lives Kenneth S. Mosby’s long and notable career. HONORING CHICAGO’S 2006 WINTER so that their children and grandchildren and Kenneth has served Contra Costa County and OLYMPIANS generations to come would know an America the City of El Cerrito with great distinction and where hopes for a better life would be a in retiring from his position as a Police Com- HON. RAHM EMANUEL dream for all to share. mander brings to close a career with local Law OF ILLINOIS The 2000 men I honor today were members Enforcement Agencies Department that spans IN THE HOUSE OF REPRESENTATIVES of the United States Colored Troops during 29 years. the Civil War. They are buried at the rear of Kenneth S. Mosby began his law enforce- Wednesday, February 15, 2006 the Nashville National Cemetery, their service ment career with the Richmond Unified School Mr. EMANUEL. Mr. Speaker, I rise today to and their sacrifice too often overlooked by visi- District as a security officer in 1976. Four recognize and honor the Chicago area ath- tors to that hallowed ground. years later Kenneth joined the El Cerrito police

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.012 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E161 department where he has served with distinc- PERSONAL EXPLANATION PERSONAL EXPLANATION tion. During his tenure, he married Cheryl and together they are raising their son, Kevin. HON. EARL BLUMENAUER While with the El Cerrito Police department HON. JIM GIBBONS OF OREGON Kenneth served in a number of different roles. OF NEVADA IN THE HOUSE OF REPRESENTATIVES He worked as a Major Crime Scene Evidence IN THE HOUSE OF REPRESENTATIVES Wednesday, February 15, 2006 Technician; a Field Training Officer and a For- gery Detective. He also served as a Narcotics/ Wednesday, February 15, 2006 Mr. BLUMENAUER. Mr. Speaker, had I been present for the votes on Wednesday, Intelligence Officer where he notably partici- Mr. GIBBONS. Mr. Speaker, I rise today to pated in the state wide marijuana eradication February 8, 2006, I would have voted as fol- explain how I would have voted on February lows: programs in the summers of 1984 and 1985. 14, 2006 during Rollcall votes No. 8 and No. Having performed these duties with great Rollcall Vote 7: I would have voted in favor 9 during the second session of the 109th Con- of the motion to instruct conferees on H.R. technical competence, efficiency and distinc- gress. The first vote was for H. Con. Res. tion, Kenneth was promoted to the rank of 4297, the Tax Relief Extension Reconciliation 322—Expressing the sense of Congress re- Act. I strongly support the extension of the Sergeant in 1991 and to Detective Sergeant in garding the contribution of the USO to the mo- 1995. ‘‘patch’’ for the Alternative Minimum Tax, AMT, rale and welfare of our servicemen and which helps middle income taxpayers who are After his many years of dedicated service, women of our armed forces and their families, Kenneth was promoted to the rank of Com- being unfairly drawn into paying higher taxes. the second was S. 1989—Holly A. Charette Rollcall Vote 6: I would have voted in favor mander in 1997. As Police Commander of the Post Office Designation Act. of H. Res 657, honoring the contributions of El Cerrito Police Department, Kenneth has Catholic schools. served his community with great dedication If I had been present, I would have voted Rollcall Vote 5: I would have voted in favor and pride and upon the occasion of his retire- ‘‘yea’’ on these rollcall votes. of H. Res. 670, congratulating the National ment is deserving of special recognition and Football League champion Pittsburgh Steelers the highest commendation. f for winning Super Bowl XL. Mr. Speaker, I take great pride and pleasure IN SUPPORT OF THE CANINE VOL- Had I been present for the votes on in drawing special public attention to Com- UNTEER PROTECTION ACT OF Wednesday, February 1, 2006, I would have mander Kenneth S. Mosby and extend to him 2006 voted as follows: sincere best wishes for continued success in Rollcall Vote 4: I would have voted against his future endeavors. H. Res. 653, providing for consideration of the HON. ROB SIMMONS budget reconciliation bill for fiscal year 2006, f OF CONNECTICUT S. 1932. I strongly oppose the Republican EMERGENCY FUNDING IN H.R. 4745 IN THE HOUSE OF REPRESENTATIVES budget reconciliation. Rollcall Vote 3: I would have voted in favor Wednesday, February 15, 2006 of H. Res. 648, to eliminate floor privileges HON. JERRY LEWIS and access to Member exercise facilities for Mr. SIMMONS. Mr. Speaker, I rise today to OF CALIFORNIA registered lobbyists who are former Members introduce the Canine Volunteer Protection Act IN THE HOUSE OF REPRESENTATIVES of officers of the House. of 2006. I do so because I am an advocate of Rollcall Vote 2: I would have voted against Wednesday, February 15, 2006 protecting our service animals while they per- the ruling of the chair on the McDermott point form their duties. Mr. LEWIS of California. Mr. Speaker, sec- of order stating that the provisions of H. Res. tion 402 of House Concurrent Resolution 95, In the aftermath of Hurricane Katrina, there 653 violate the Congressional Budget Act of the congressional budget resolution for fiscal were reports of first responders having dif- 1974 by imposing an unfunded mandate. year 2006, requires a statement to be pub- ficulty working with local authorities. In some f lished in the CONGRESSIONAL RECORD explain- instances their dogs were threatened and their ing how the funding contained in H.R. 4745, handlers were harassed as these first re- TRIBUTE TO SHEPARD KING (making supplemental appropriations for fiscal sponders bravely carried out their duties. It year 2006 for the Small Business Administra- was because of these reports, Mr. Speaker, HON. KENDRICK B. MEEK tion’s disaster loan program, which will be that a constituent of mine, Ms. Amy Stegal of OF FLORIDA considered in the House today, meets the cri- Stafford Springs, CT, contacted me and asked IN THE HOUSE OF REPRESENTATIVES teria of emergency funding specified in such that we provide protection for these invaluable Wednesday, February 15, 2006 section. canine rescuers. Mr. MEEK of Florida. Mr. Speaker, I rise to Funding for the Small Business Administra- Ms. Stegal is affiliated with Connecticut Ca- pay tribute to the late Shepard King, a remark- tion’s disaster loan program is provided in re- nine Search and Rescue, CCSAR. This impor- able man with tremendous talent, energy and sponse to essential, urgent, and compelling tant organization was incorporated in 1994 as generosity whose many contributions to our needs resulting from the extreme natural dis- a volunteer, nonprofit organization dedicated entire South Florida community comprise an asters that occurred in the Gulf of Mexico re- to providing a professional team response to enduring and lasting legacy that will be with us gion in calendar year 2005. Hurricanes all emergency service agency requests for Katrina, Rita, and Wilma resulted in the most for many years to come. lost, missing or drowned persons; advancing Shepard King was a doer and an achiever. expensive natural disasters ever to strike the education in search and rescue procedures; U.S., and their scope and cost were com- He was co-chair of the National Tax, Trusts & and offering support for families of lost and Estates Practice at the law firm of Greenberg pletely unforeseen. The emergency funds pro- missing persons. vided in H.R. 4745 are justified under the cri- Traurig, LLP, one of Florida’s most successful Mr. Speaker, these dogs and their handlers teria outlined in H. Con. Res. 95. and influential firms. He served as a President heroically volunteer their time and expertise in of the Miami Chapter of the American Jewish times of natural disaster, yet they are not pro- f Committee, AJC, and strongly believed in its tected by Federal law. The Canine Volunteer mission. Additionally, Shep served as a Direc- PERSONAL EXPLANATION Protection Act would give members of volun- tor of the Miami-Dade County Bar Association; teer canine search and rescue teams, such as an Adjunct Faculty Member in the Masters in HON. LYNN C. WOOLSEY CCSAR members, the same protections cur- Taxation Program of the UM School of Law; a rent law gives other law enforcement animals. OF CALIFORNIA Member of the American College of Tax This includes both a monetary fine and/or im- IN THE HOUSE OF REPRESENTATIVES Counsel; the Executive Council, Tax Section prisonment of those persons who willfully and of The Florida Bar; the Law Revision Council Wednesday, February 15, 2006 maliciously harm any search and rescue dog. of Florida; the Board of Directors, the Greater Ms. WOOLSEY. Mr. Speaker, I was un- I urge my colleagues to support this meas- Miami Jewish Federation; co-founder, the avoidably detained yesterday and missed Roll ure to protect search and rescue teams as Family Business Institute at Florida Inter- Call votes No. 8 and No. 9. Had I been they selflessly perform their rescue missions. I national University and Hands Across the present, I would have voted ‘‘aye’’ on rollcall thank Ms. Stegal of Stafford Springs for bring- Campus; and Chairman, South Florida Con- vote No. 8 and ‘‘aye’’ on Roll Call vote No. 9. ing this important issue to my attention. ference on Soviet Jewry.

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.016 E15FEPT1 ycherry on PROD1PC64 with REMARKS E162 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 Through the work of Ms. Bernita M. King, whose personal and professional integrity, af- tradition of athletic achievement. There, he tri- Mr. Russell L. King and the American Jewish fable nature, and deep concern for our com- umphed as a student-athlete. In 2003, he be- Committee, however, Shephard King’s legacy munity lends a voice of protection, rescue, came the starting quarterback for the will is alive and well because of the Shep King warmth and shelter for stray and abandoned Longhorns and began a college football career Endowment Fund, which was established in dogs and cats throughout our region. I also that was certainly meant for the record books. 2004, one year after Shep King passed away. wish my friend a very happy birthday and a As a starter, Vince garnered the best win Throughout his life, he had a profound appre- lifelong forecast of peace, health and happi- record in the University of Texas’ history, ciation for the insights and opportunities that ness, under blue and sunny skies. which consists of 29 wins and only 2 losses, his education had provided him, and he al- f the sixth best winning percentage in NCAA ways encouraged his own children and others history. to get as much education as possible. ON THE OCCASION OF THE 18TH During the 2005 season, Vince’s strength, Because he believed so strongly in the ANNIVERSARY OF THE NAGORNO accuracy, agility, and speed led the Longhorns power of education, the Shep King Endow- KARABAKH FREEDOM MOVE- to an undefeated season and a Big 12 Cham- ment Fund is dedicated to providing scholar- MENT pionship. His outstanding performance earned ships to underprivileged children in South Flor- him nationwide accolades and culminated in a ida. The Endowment aims to identify recipients HON. MICHAEL R. McNULTY stunning victory over the USC Trojans at the while they are still in elementary school and to OF NEW YORK 2005 NCAA Championship game. Under provide hands-on guidance, as well as finan- IN THE HOUSE OF REPRESENTATIVES Vince’s leadership, the talented team earned cial support, to aid children and offset private the University of Texas its first national title school educational expenses during junior Wednesday, February 15, 2006 since 1970. high school, high school and college. Although Mr. MCNULTY. Mr. Speaker, I join today Vince’s trademark is his versatility, which is the scholarship is established through the with many of my colleagues in extending my expressed both on and off the football field. United Jewish Philanthropies, the recipients congratulations to the people of Nagorno Throughout his college career, he was heavily are students of any race, religion, or ethnicity. Karabakh on the anniversary of the Nagorno involved in community service activities. His Currently, the first Shep King Scholar is study- Karabakh Freedom Movement. particular interest in assisting youth has been ing at a private junior high school in Miami, On February 20, 1988, the people of demonstrated through his mentorship of ele- and an additional student is anticipated to be Nagorno Karabakh officially petitioned the So- mentary and middle school students, his per- added this fall. viet government to reunite with Armenia and formance as a student-teacher and mentor for My hope is that over the years, the Shep reverse the injustice perpetrated by the Soviet middle school math and science students King Endowment Fund can bring the opportu- dictator, Joseph Stalin. through the LEAP, Learn, Enjoy and Play, nities that come through education to many This peaceful and legal request was met Program, and his volunteer activities at the others and that Shep’s legacy will continue to with violent reaction by the Soviet and Azer- Austin YMCA. Vince has also served as a live on through their accomplishments. baijani leadership, and escalated into full mili- speaker at several youth organizations in Aus- f tary aggression against Nagorno Karabakh. tin and is active in community service projects The people of Nagorno Karabakh bravely de- through his church. IN HONOR AND RECOGNITION OF In a State where football players at all levels DICK GODDARD fended their right to live in freedom on their ancestral land. are often treated as royalty and who, at times, Today, Nagorno Karabakh continues to come to expect indulgences that others are HON. DENNIS J. KUCINICH strengthen its statehood with a democratically denied, Vince has consistently demonstrated a OF OHIO elected government, a capable defense force, depth of character to which all young people IN THE HOUSE OF REPRESENTATIVES and an independent foreign policy. should aspire. He is a charismatic leader who Wednesday, February 15, 2006 I stand with the people of Nagorno has set a tremendous example for all of us Mr. KUCINICH. Mr. Speaker, I rise today in Karabakh in celebrating their continuing free- and who has shown that hard-work, dedica- honor and recognition of my friend, Dick God- dom and democracy. tion, and heart are a recipe for success. I wish to extend my sincere congratulations dard, for his life-long activism and advocacy in f promoting and protecting the welfare of ani- to Vince for his victorious Rose Bowl perform- mals, especially humankind’s best friends, our HONORING VINCE YOUNG AND HIS ance. But more importantly, I would like to ex- dogs and cats. 2005 ROSE BOWL VICTORY press my thanks to him for representing the Mr. Goddard has served as WJW TV8’s, city of Houston with such class. I wish him FOX8 News, Chief Meteorologist for 40 years. HON. AL GREEN continued success as he grows both as a foot- His interesting intellectual insights and quick OF TEXAS ball player and a man. wit reflect in every forecast and have en- IN THE HOUSE OF REPRESENTATIVES f deared him to thousands of daily, faithful view- Wednesday, February 15, 2006 PAYING TRIBUTE TO CARLOTTA ers. For decades, Mr. Goddard has channeled WALLS LANIER his celebrity profile, both, on and off camera, Mr. GREEN of Texas. Mr. Speaker, today I to promote and support programs that benefit congratulate Vince Young on leading the Uni- HON. JON C. PORTER the animal companions of our community. versity of Texas Longhorns to their 2005 Rose Bowl Victory. OF NEVADA From neuter and spay programs, to featuring IN THE HOUSE OF REPRESENTATIVES dog and cat adoptions twice weekly during the Vince is a fellow Houstonian who has suc- 6 o’clock news broadcast, Mr. Goddard’s un- cessfully overcome numerous obstacles to the Wednesday, February 15, 2006 wavering and compassionate focus has pro- success that he now enjoys. As a young child, Mr. PORTER. Mr. Speaker, I rise today to vided safe and secure homes for hundreds of he was hurt in a horrible accident that left his honor Carlotta Walls LaNier for her contribu- unwanted pets. body battered and bruised. Vince worked tire- tions to the American human rights movement Mr. Goddard has built strong connections lessly to recuperate with a tenacity not often and her continued service as a role model and with area animal shelters and volunteers his demonstrated by 7-seven-year old children educator for the youth of this country. time and talents in raising tens of thousands and, with the help of his mother and his Carlotta is truly a woman of living history. of dollars for more than 60 animal welfare or- grandmother, he recovered. Under the guid- She was born on December 18, 1942, in Little ganizations throughout Ohio. He regularly at- ance of his family, Vince also fought his way Rock, Arkansas, and was one of the nine Afri- tends and promotes animal welfare events through the difficulties and temptations that so can American teenagers who integrated Little and is the point person in our community re- many young people must face in today’s Rock Arkansas’ Central High School in 1957, garding animal-related concerns. Mr. world. following the U.S. Supreme Courts’ ruling in Goddard’s commitment and compassion is As a student at James Madison High School Brown v. Board of Education. Implementing equaled and supported by many volunteers, in Houston, Vince demonstrated a natural ath- such a ruling required a presidential order to including Patti Fisher and Mary Pennington, letic prowess. His stellar performance as a provide troops to protect Carlotta and the who’ve worked behind-the-scenes with Mr. high school quarterback earned him the atten- other students breaking through the racial bar- Goddard for nearly 20 years. tion of universities nationwide. Vince chose to rier. Despite threats on her and her family’s Mr. Speaker and Colleagues, please join me attend the University of Texas at Austin, an in- life, and countless other incidents of intimida- in honor and recognition of Mr. Dick Goddard, stitution known for academic excellence and a tion and prejudice, Carlotta graduated in 1960.

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.022 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E163 History would later call these brave Americans 448 squadrons and divided geographically into Senior citizens, those 65 and older, have a the ‘‘Little Rock Nine.’’ 33 districts. Membership is open to all inter- poverty rate of 23.8 percent. In comparison Inspired by Rosa Parks, Carlotta had the ested persons 18 and older without regard to with other counterparts, statistics show that desire to get the best education available, race, religion, gender, or any other char- more African Americans and Hispanics are in Carlotta enrolled at Michigan State University. acteristic protected by the non-discrimination poverty at a higher rate than whites and other She attended Michigan State for 2 years be- laws of the United States. racial classifications. African American children fore moving with her family to Denver. In I ask that you and my distinguished col- represent 17 percent of American children, but 1968, she earned a B.S. from Colorado State leagues join me in congratulating the Dela- they make up 31 percent of all poor children College (now the University of Northern Colo- ware River Power Squadron for the past 90 in America. rado) and began working at the YWCA as a years of service and dedicated commitment to Conservatives are quick to attribute poverty program administrator for teens. the community. to dysfunctional family structures. However, Carlotta was awarded the prestigious f renowned economist such as William Springs Spingarn Medal by the NAACP in 1958. She suggests that this is a gross over simplifica- has been a member of the Colorado Aids PERSONAL EXPLANATION tion. He contends that poverty is the ‘‘result of Project, Jack and Jill of America, the Urban economy-wide forces and public policy.’’ Mr. League and the NAACP, as well as the presi- HON. JIM COSTA Speaker, I share this analysis, hence, it places dent of the Little Rock Nine Foundation, a OF CALIFORNIA the onus on policy makers to enact legislation scholarship organization dedicated to ensuring IN THE HOUSE OF REPRESENTATIVES centered on relieving the burden poverty. After equal access to education for African Ameri- Wednesday, February 15, 2006 the passage of the Civil Rights Act of 1964, cans. She has also served as a trustee for the the Economic Opportunity Act of 1964 and the Iliff School of Theology. In 1999 at the White Mr. COSTA. Mr. Speaker, on rollcall No. 5, Voting Rights Act of 1965 the Black poverty House, members of Congress and the Presi- H.R. 670 and rollcall No. 6, H.R. 657 on Feb- rate decreased to 32.2 percent. During the dent bestowed upon Carlotta and the other ruary 8, 2006, had I been present, I would years of 1993 to 2000 which were marked by members of the Little Rock Nine the nations’ have voted ‘‘yea’’. strong fiscal policy the poverty rate for African highest civilian award, the Congressional Gold f Americans dropped annually. Medal, for their sacrifice and contribution to Katrina exposed America’s weakness, not THE FACE OF POVERTY IN the cause of equality. only in the Federal Government’s delinquent AMERICA Mr. Speaker, Carlotta Wells LaNier con- response, but also relative to our inability to tinues to spread her influence by speaking address poverty particularly in the minority today, to the students of Cornerstone Christian HON. CHARLES B. RANGEL community. As we consider the 2007 fiscal Academy in Henderson, Nevada, as part of a OF NEW YORK budget, we must see the opportunity to pro- Black History Month Celebration. I am hon- IN THE HOUSE OF REPRESENTATIVES vide provisions that alleviate poverty in the ored to recognize this great woman. Wednesday, February 15, 2006 Gulf Coast and urban communities across the f Nation. Tax cuts for the wealthy and the slash- Mr. RANGEL. Mr. Speaker, the devastation ing of social programs will not suffice. TRIBUTE TO THE DELAWARE of Hurricane Katrina exposed what America Mr. Speaker, a recent article in the ‘‘The RIVER POWER SQUADRON did not want to see. Beyond the tragedy of Crisis’’, entitled Poverty in America: The Poor this natural disaster, Katrina shined a spotlight are getting Poorer, by William E. Spriggs cap- HON. ROBERT A. BRADY on America’s poor and disadvantaged. The tures the statistical data and reports that high- OF PENNSYLVANIA convenience of disregarding the plight of the light the issue of poverty in America, espe- poor came to an abrupt halt as a result of IN THE HOUSE OF REPRESENTATIVES cially the disparities as to race. Katrina and its aftermath. Katrina pulled the f Wednesday, February 15, 2006 cover off of what prior reports by the U.S. Mr. BRADY of Pennsylvania. Mr. Speaker, I Census Bureau found, which stated for the HONORING KJELL BERGH ON THE rise today to congratulate the Delaware River past four years, the poverty rate has steadily OCCASION OF HIS 60TH BIRTHDAY Power Squadron on the occasion of its 90th increased; which is a reverse trend from 1993 anniversary. to 2000. HON. BETTY McCOLLUM Delaware River Power Squadron is dedi- Katrina also exposed the gross disparities OF MINNESOTA cated to boating safety through education and relating to poverty in America. According to IN THE HOUSE OF REPRESENTATIVES civic activities in several locations in Philadel- the Census Bureau 2004 report, the Black phia while also serving the boating public poverty rate of 24.7 percent is almost twice Wednesday, February 15, 2006 throughout southern Pennsylvania, the Dela- that of the general population. This translates Ms. MCCOLLUM of Minnesota. Mr. Speak- ware River, and the Chesapeake Bay. to about 9.4 million African Americans, almost er, I rise to honor Mr. Kjell Bergh on the occa- First organized in 1915, it was not until May one in-four living below the poverty line. Con- sion of his 60th birthday. Mr. Bergh is a re- of 1916 that the Delaware River Power sequently, those affected by the Katrina dev- spected Minnesota business leader and a true Squadron was formally recognized as a unit. astation were disproportionately Black and citizen of the world, working extensively with Since then members of the Delaware River poor. Despite the rhetoric of conservative pun- civic and business organizations and govern- Power Squadron have formed an additional 20 dits who claim that poverty in the Black com- ments around the globe. Mr. Bergh will be squadrons in the District 5 region of United munity is due to irresponsibility, statistics show celebrating his birthday with his family and States Power Squadrons including eastern that individuals living below the poverty line friends in Minnesota on February 18. Pennsylvania, southern New Jersey, Dela- are hard working citizens who go to work ev- Born in Kristiansund, Norway, Mr. Bergh ware, Maryland, Virginia, and the District of eryday. It should be underscored that poverty was educated at the University of Oslo and Columbia. is a result of a lack of income. Americans fall Macalester College in St. Paul, Minnesota, Delaware River Power Squadron has into poverty simply because they do not have earning his B.A. in International Relations worked with the armed forces of the United enough financial resources. So it is plausible there in 1970. In 2004, Mr. Bergh received his States in time of war to provide training mate- that even when people are working in the mar- masters degree from the Fletcher School of rials and patrol teams, and continues to work ket place they can still fall into poverty. Statis- Law and Diplomacy at Tufts University. in partnership with government agencies such tics show that one-in-ten African Americans Mr. Bergh is well known as the owner of as the Coast Guard, the Army Corps of Engi- above 16 who were poor worked full-time jobs. several major automotive dealerships in Min- neers, the National Oceanic and Atmospheric Furthermore, 37 million Americans are living nesota. In addition, he owns travel agencies Administration, the National Ocean Service, in poverty. Statistics in 2004 indicate that 13 specializing in tours and adventure travel in the National Safe Boating Council, and others million American children lived below the pov- Scandinavia and Africa. Along with his busi- to provide safe boating education, reliable wa- erty line, translating into three-in-seventeen. ness connections, he has fostered an impres- terway charts, vessel safety examinations, en- This was an increase of roughly 200,000 from sive commitment to our community here in vironmental support, and homeland security. 2003, which means 3,000 children were falling Minnesota, earning numerous awards for his Delaware River Power Squadron is a con- into poverty each week. Moreover, African work and serving on many boards of promi- stituent of the United States Power Squadron, American children under the age of 18 consist nent businesses, academic institutions and which is comprised of over 49,000 members in of 43 percent of all poor African Americans. non-profit organizations. His international links

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.026 E15FEPT1 ycherry on PROD1PC64 with REMARKS E164 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 have inspired a similarly strong commitment to dedication Mr. Papa has shown over the past kind that her daughter, as a recent mother communities around the world, particularly in 33 years. I wish him and his family all the best herself, hopes to be. In recognition of her Africa. as he begins the next stage of his life. I urge years of service to her community I ask that In 2000, Bergh was named Honorary Con- all of my colleagues to join me in thanking Mr. you and my other distinguished colleagues sul to the United Republic of Tanzania by Papa for his service to our community. rise to honor her. President Benjamin Mkapa, lending his exper- f f tise on trade, education and tourism. He is highly respected for his dedicated service to TRIBUTE TO ILEEN GREEN PERSONAL EXPLANATION environmental and community issues such as anti-poaching and building hospitals and HON. ROBERT A. BRADY HON. JIM COSTA schools. He has been a valued resource to OF PENNSYLVANIA OF CALIFORNIA me and my office on the many issues facing IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Africa. Wednesday, February 15, 2006 Wednesday, February 15, 2006 Among Bergh’s many distinctions and Mr. COSTA. Mr. Speaker, on rollcall No. 7, awards for his service, perhaps he has the Mr. BRADY of Pennsylvania. Mr. Speaker, I rise today to honor Ileen Green, daughter to H.R. 4297, had I been present, I would have best reason to be proud of the royal decora- voted ‘‘yea’’. tions from his native Norway. He was be- Marilyn and Harry Griver, a sister, a teacher, stowed Knight First Class, Royal Order of a mother, a peace activist, and most recently, f Merit by King Harald V and the prestigious St. a grandmother. IN RECOGNITION OF AFRICARE’S Olav medal by the late King Olav V. In addi- Ileen Green has spent the majority of her 35TH ANNIVERSARY tion, he received the Royal order of the Polar adult life giving to others in many special Star from the Sweden’s King Carl Gustaf. ways. Her dedication to Philadelphia students HON. CHARLES B. RANGEL Mr. Speaker, please join me in honoring Mr. is the easiest to pinpoint. She has been a dedicated teacher in middle school and ele- OF NEW YORK Kjell Bergh on his 60th birthday. Amid his IN THE HOUSE OF REPRESENTATIVES busy life and his many accomplishments and mentary school for over 20 years. Shortly after Wednesday, February 15, 2006 awards, I know that he is looking forward to she started her career in teaching she taught spending this special day with the most impor- one of the first desegregation classes here. Mr. RANGEL. Mr. Speaker, I rise today to tant people in his life—his family and friends. She fought for everyone to have a fair oppor- recognize the 35th anniversary of the founding tunity for and good education. She was an ac- f of the Africare organization. Africare is the old- tivist. She became pregnant a few years later, est and largest African-American led organiza- HONORING THE SERVICE OF CARL having to leave her job as a school teacher, tion committed to providing direct aid to the PAPA, JR. temporarily. She named her daughter Kelly, African continent—a leader in the fields of after an African American male student who long-term sustainable development and health HON. JOHN J. DUNCAN, JR. was in her first desegregation class. ‘‘He was care, especially with regard to HIV/AIDS treat- OF TENNESSEE very gifted and special,’’ she always said. ment and prevention. IN THE HOUSE OF REPRESENTATIVES As a single mom and, without any outside The thousands of African families who have support, Ileen raised her family, at the time benefited through Africare’s humanitarianism Wednesday, February 15, 2006 women lacked many equal rights. She was stand as a testament to the power of the orga- Mr. DUNCAN. Mr. Speaker, I rise today to unable to even sign a lease for an apartment nization’s selfless mission. I am proud to offer pay tribute to a great Tennessean, Carl Papa, unless a man signed it as well. There were my congratulations to Africare for many years Jr. After 33 years of dedicated service to East limited opportunities for women in business of service embodying one of our Nation’s most Tennessee, Mr. Papa has retired as the Chief and childcare was an expense she couldn’t af- commendable ideal—extending our hand and Pretrial Services Officer for the United States ford. Ileen worked from home, telemarketing, heart to our fellow brothers and sisters District Court for the Eastern Tennessee Dis- and made just enough to pay the bills. Her throughout the world. trict. family struggled over the years. Ileen decided Africare helps Africa. Over the course of its Carl Papa, Jr. was born on June 29, 1949, this wasn’t enough. Ileen decided to go into history, Africare has become a pioneer among in Camden, New Jersey. He graduated from business for herself and became a very suc- private, charitable U.S. organizations assisting Collingswood High School in Collingswood, cessful saleswoman. This however required Africa. The organization has supported hun- New Jersey, in 1968. He attended Milligan many travel obligations that separated her dreds of grassroots projects in Africa that have College in East Tennessee, graduating in Au- from her daughter. Ileen wanted to keep her changed the lives of families living on the con- gust 1972 with a Bachelor of Arts in Psy- family close and so she decided to return to tinent. Africare’s programs address needs in chology and Sociology. teaching, where she has stayed. the principal areas of food security and agri- Carl was hired by the Tennessee Depart- Her loving daughter Kelly describes her as culture as well as health and HIV/AIDS. ment of Corrections in October 1972 as a Pro- ‘‘the type of mother all my friends wanted. She Africare also supports water resource develop- bation and Parole Officer. On January 5, never hesitated to give advice, support, and ment, environmental management, basic edu- 1976, he was appointed as the U.S. Probation hugs. Several times my mother took on the cation, microenterprise development, govern- Officer in the Eastern District of Tennessee by extended responsibilities of becoming a foster ance initiatives and emergency humanitarian the Honorable Robert Love Taylor. Meanwhile, mom. All the while, active in women’s rights aid. Africare reaches families and communities Carl attended the University of Tennessee, my groups, focused on her work, and yet always in 26 countries in every major region of Sub- alma mater, where he earned a Masters of finding time to be her daughter’s best friend Saharan Africa, from Mali to South Africa and Science in 1982. and greatest supporter.’’ from Senegal to Mozambique. He served as the U.S. Probation Officer for Ileen has found herself in poor health for the The founders of Africare had a vision—to East Tennessee until April 19, 1993, when he last decade but through it all she returns to transform the lives of Africans and infuse into was appointed the Chief Pretrial Services Offi- work finding strength in doing what she loves the often-forgotten and deprived continent cer for the Eastern Tennessee District. He re- most, making a difference in the lives of chil- much needed sustenance. In 1970, West Afri- tired from his position on the federal court on dren. Even now, in kidney failure, and facing ca was suffering through one of the most se- January 20, 2006. After 30 years of serving serious decline in her health she still will not vere droughts in its history which threatened the community in federal court, and 33 years give up. She returns to the classroom, and the livelihood of livestock and crops. Villagers of public service to the citizens of East Ten- provides the love, kindness, and education to- were fleeing their homes in search of water. nessee, Mr. Papa has begun a well-earned re- day’s children desperately need. She teaches Millions of human lives held in the balance. tirement. because she loves what she does and she Among those providing help—medical aid in Carl has two children. Carl’s son, Benjamin does it well. Niger—were 17 American volunteers, led by C. Papa, resides in Nashville with his children, Ileen Green has been through her fair share Dr. William Kirker, and his wife Barbara. To- Eli and Ella. His daughter, Bethany Burnette, of struggles. Single motherhood, survival of gether they named their group ‘‘Africare.’’ The lives in Knoxville. Carl has been married to domestic abuse, and financial hardships have Kirkers themselves had been working in Afri- Donna C. Crumpton since May 28, 2004. not been able to stifle her spirit. Through it all, ca, to improve African health care, since 1966. I wish to express my gratitude on behalf of she has continued to be a kind, loving, gen- Although the work by the Kirkers was invalu- my fellow residents of East Tennessee for the erous, and sincere woman and mother. The able, more was needed to be done to stifle the

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.031 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E165 crisis sweeping through the area. Diori prove the quality of life in Africa. C. Payne dies and gentlemen, in welcoming Africare’s Hamani, then president of the Republic of also remembered a question that had been earliest pioneers and leaders: Dr. William Niger, sought more support from the U.S., in posed to him years earlier by President Kirker and Mrs. Barbara Kirker, Mr. Sattler, Diori: ‘‘Why don’t black Americans, whose Ms. Saccardi, and Mr. Calbom, Dr. Joseph C. particular from the African-American commu- ancestors came from the continent, respond Kennedy and Mr. C. Payne Lucas—the people nity. C. Payne Lucas, then director of the to the needs in Africa?’’ who made tonight’s 35th anniversary pos- Peace Corps Office of Returned Volunteers in Mr. Lucas agreed to assume the leadership sible. Washington was one individual who answered of the organization, insisting on two impor- I ask that the text of a statement by Africare the call. He went on to become the first presi- tant conditions. The first was to expand president Julius E. Coles which outlines dent of Africare, spending 30 years at the or- Africare’s focus to include not only health, Africare’s work today also be entered into the but water and agriculture as well. His second ganization. He brought a unique blend of pas- RECORD. sion and steadfast commitment during his 40- condition was to ensure that the organiza- tion would be rooted in the African-Amer- Although Africare’s initial focus was on year career in African development. ican community and would serve to educate providing medical care to the needy of Afri- Under the leadership of the Kirkers and all Americans about Africa—its human, spir- ca, the methods used to raise the standard of Lucas, Africare flourished and continued to itual, historical, and material wealth. living in Africa soon grew more diverse. make valuable contributions towards the de- With these objectives on the table, Mr. When C. Payne Lucas took the helm of velopment of the African continent. At the an- Lucas became the first executive director of Africare in 1972, he saw that in order to make a meaningful difference in the lives of nual Africare dinner last October the 13th, the Africare. He reincorporated the organization in Washington, D.C. and recruited another Africans, the organization had to do more founders of Africare were recognized in re- than provide occasional medical care. In marks made by Africare vice president Jean- Peace Corps staff member Dr. Joseph C. Ken- nedy to serve as his deputy. order to change the situation in Africa, nine Scott. The event was attended by notable With an interest-free loan of $30,000 and a Africare would also have to assist Africans individuals including that year’s Africare Distin- second-hand 4x4 vehicle turned over to the in gaining access to the tools necessary to guished Humanitarian Service Award recipient, program in Niger after a cross-Saharan take control of their own lives. Following in Lucas’s vision, Africare has trek—both provided by a dedicated bene- General Colin Powell, the former U.S. Sec- focused on three main areas: health and HIV/ factor, the late Mrs. Lorraine Aimes retary of State, Mr. Alphonso Jackson, Sec- AIDS, humanitarian relief, and food secu- Watriss—the ‘‘reborn’’ Africare was on its retary of Housing and Urban Development, Dr. rity. Over the years, we have developed close way. Dorothy Height, president emeritus of the Na- working relationships with African govern- For the next year, the only paid employee ments. tional Council of Negro Women, and my col- of Africare was a secretary. C. Payne himself leagues Representatives WILLIAM JEFFERSON By working in tandem with governments accepted no salary and donated the basement at the national and local levels, as well as of Louisiana and BARBARA LEE of Texas, as of his house as Africare’s first office. In addi- with countless communities and villages well as other civil and business leaders. tion to grants, Africare collected donations throughout Africa, we have shown ourselves At the anniversary dinner, Africare vice from ordinary people, often just a few dol- to be trustworthy partners in development. president Jeannine Scott introduced the found- lars, or nickels and dimes and Mr. Lucas In response to Africa’s need for additional ers of Africare and recounted the story of how would say, at a time. Seeing the value of or- medical care, we have committed ourselves the organization was founded. I thought it ganization, the Nigerian Embassy then to addressing the health issues that ad- agreed to house Africare, volunteering the versely affect the families we serve. would be useful for you to understand the his- first floor of its Chancery near Dupont Cir- tory of the organization and I therefore ask Africare’s programs have a strong HIV/AIDS cle. component that tackles an entire spectrum that the text of her speech be entered into the It was surely not easy. But the vision and of issues related to the disease. HIV/AIDS RECORD. sincerest of commitments were its impetus awareness and education programs focusing PRESENTATION OF THE FOUNDERS OF AFRICARE to succeed. And succeed, I am sure ladies and on concrete behavior change given the peo- (By Jeannine B. Scott) gentlemen you will agree they did! ple we work with the knowledge they need to It is from these humble beginnings that keep themselves safe from infection. Dr. Kirker and his wife Barbara are here the Africare you see, know and support with us tonight and we are honored to pay Africare also works to address the needs of today emerged and grew under the guidance people living with AIDS and provide care for tribute to them and the vision they had to of Mr. Lucas and Dr. Kennedy. found an organization to initially respond to children orphaned by the disease. Thanks to their 30+ years of efforts, en- Africare has also taken steps to encourage the many health care needs of our brothers ergy, sacrifice, risking their careers and stable, long-term increases in the standard and sisters in Africa. more, a solid foundation was laid: of living. Africare’s Food For Development In addition to these founders, we have with Enabling the original vision to become a staff members in countries across Africa us some of the first volunteers who served true and tangible reality; help locals to achieve food security by deliv- with them. They are: Fostering a legacy that has led to the ering food supplies and providing technical James Sattler, an attorney in Hawaii who transfer of over half a billion dollars for assistance to local farmers. Using food re- donated his services at the very beginning of more than 2,000 economic and humanitarian sources and funds ftom the U.S. government, Africare’s life; assistance projects to some 36 countries Africare administers both emergency food Joan Victoria Saccardi—a volunteer on throughout Africa; distribution as well as Food For Work pro- Africare’s very first trip to Africa, and who Touching over 2 million lives directly on grams in which food supplies are exchanged faced her own bouts of illness while carrying the continent; for community service. Africare staff also out the work she believed in; Training and mentoring hundreds, if not helps locals to maximize the productivity of And Cosco Carlbom was also one of the thousands of young Africans and Americans their land through modern farming tech- dedicated volunteers on the very first trip, to follow in their footsteps; niques. By planting new crops and using in- providing vital technical expertise and was Constructing Africare House—home to novative farming methods, African families one of only a handful of volunteers to com- many whose convictions and activities em- can increase their annual yield and better plete the entire two-year mission. brace Africa; withstand otherwise disastrous events like Please join me in welcoming these very Educating the American people of the droughts and famines. first Africare pioneers. greatness that is Africa! Africare also provides humanitarian relief Another early Africare supporter, Myra In honoring our founders this evening I services to victims of natural and manmade Takaski, was not able to join us here to- would like to ask Dr. and Mrs. Kirker, along disasters across Africa. Our current pro- night. Through the Savings and Loan she with the first Africare volunteers present grams distribute Title II food supplies to vic- headed, Ms. Takaski provided Africare with here tonight, Mr. Sattler, Ms. Saccardi, and tims of famine and drought. Africare also all the clerical and support services the Mr. Carlbom, to join me here on the stage. works intensively with refugees to ensure young organization needed. Our thoughts are I would also like to acknowledge His Ex- that people forced to flee their homelands with her this evening. cellency Ambassador Oumarou Youssoufou. are provided not only with the supplies they Out of the looming dilemma that Africa He could not be with us tonight, but is ably need to survive, but the skills and resources was facing, His Excellency Ambassador represented by his daughter Zouera to rebuild damaged societies. Oumarou Youssoufou, the First Secretary at Youssoufou. I would like to invite her onto In addition to the three pillars of health the Niger Embassy, contacted his old friend the stage in her father’s place. and HIV/AIDS, food security, and emergency C. Payne Lucas who had been Peace Corps di- I would also like to call a teacher, col- relief, Africare works through a variety of rector in Niger, beseeching him on the part league, my professor and friend, Dr. Joseph means to facilitate positive changes in the of then president Hamani Diori to lend his C. Kennedy to join us here on stage. daily life of Africa. By building wells and expertise and leadership to the organization. And finally, I have the distinct honor to springs, Africare develops resources from Ambassador Youssoufou and Mr. Lucas dis- call a visionary leader and guide, and my which entire communities can draw safe, cussed the idea. Mr. Lucas was then working mentor, Mr. C. Payne Lucas. clean drinking water. Through education ini- at the Peace Corps headquarters in Wash- It is truly an honor for us to pay tribute to tiatives, children and adults gain the lit- ington and was interested in new ways to im- all of you here tonight. Please join me, la- eracy skills necessary for long-term success

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.036 E15FEPT1 ycherry on PROD1PC64 with REMARKS E166 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 and access to practical health and nutrition and hope to 840,000 victims 2 continents Robert Webb was born in Fort Sanders, information. Our environmental programs away. Tennessee, in 1919. On December 22nd of have planted thousands of trees which enrich One in 5 Americans is touched by the Red 2005, he passed away at the age of 86 years. ecosystems and will reduce soil erosion, ben- Cross every single year. The southeastern efiting future generations. Africare’s focus His life’s work was spent nurturing Knoxville’s on stable societies includes initiatives to fos- Pennsylvania Chapter of the Red Cross pro- educational needs. ter civil society and responsive governance. motes economic self-sufficiency and commu- Mr. Webb graduated from the renowned Bell Africare supports indigenous nongovern- nity health through its Nurses Assistant Train- Buckle, Tennessee, Webb School founded by mental organizations and encourages peace- ing program which educated 180 students last his grandfather and former Senator, Robert ful transitions in changing societies. year. ‘‘Old Sawney’’ Webb, before earning his bach- Microfinance programs encourage women I ask that you and my distinguished col- elor’s and master’s degree from my alma to start small businesses which help commu- leagues join me in recognizing March as the mater, the University of Tennessee in Knox- nities become more resistant to economic American Red Cross Southeastern Pennsyl- downturns. ville. Between degrees, he served our Country Over the past 35 years, Africare has been vania Chapter month. admirably in WWII. able to work with millions of people in 35 f After brief teaching stints at the Bell Buckle countries across the continent. Our organiza- School and the Webb School of Claremont, tion has grown to be leader in the field and SUPPORTING THE GOALS AND California, Mr. Webb founded Knoxville’s a model of how Africans and Americans of all IDEALS OF NATIONAL MEN- Webb School in 1955. races can work together towards a common TORING MONTH The school started with four boys in the goal. Now we are more convinced than ever basement of Sequoyah Hills Presbyterian SPEECH OF of the necessity of helping to build a strong- Church. Shortly thereafter, Webb added a er, more stable Africa. As we continue with our work, we will also continue to grow and HON. BETTY McCOLLUM Girls’ School. evolve to meet the changing needs of Africa. OF MINNESOTA The School stood at the forefront of edu- cational equality when it declared an open- Mr. Speaker, Africare is an institution of IN THE HOUSE OF REPRESENTATIVES door policy in 1965. Mr. Webb followed this which all Americans should be proud. Please Wednesday, February 8, 2006 pronouncement with a then-controversial join me in saluting Africare for all it has done Ms. MCCOLLUM of Minnesota. Mr. Speak- speech in favor of racial integration made to a over the last 35 years and wishing it well as er, as co-chair of the Congressional Mentoring convention of Southern private-school leaders. it continues to bring hope and inspiration to Caucus I rise today in strong support for Na- Despite criticism, Mr. Webb persevered to millions of people throughout Africa. tional Mentoring Month. make Knoxville’s Webb School one of Ten- f Millions of individuals across the country nessee’s finest private educational institutions. serve as mentors to young men and women— TRIBUTE TO MARCH BEING THE It currently enrolls over 1,000 students in kin- encouraging and promoting the development AMERICAN RED CROSS SOUTH- dergarten through 12th grade, and all mem- of strong characters and identities for youth EASTERN PENNSYLVANIA CHAP- bers of its 2005 graduating class were accept- who may not have a strong adult presence in TER MONTH ed into college. their lives. It is significant to note that Robert Webb HON. ROBERT A. BRADY In my own State of Minnesota, there are chose the following motto for his school: over 350 mentoring programs that connect ‘‘Leaders, Not Men.’’ This is a telling state- OF PENNSYLVANIA youth with positive role models. One valuable ment of how he approached service to the IN THE HOUSE OF REPRESENTATIVES mentoring program is Big Brothers Big Sisters. community and the Nation, with a willingness Wednesday, February 15, 2006 In the St. Paul/Minneapolis region alone, more to blaze difficult trails so that others could fol- Mr. BRADY of Pennsylvania. Mr. Speaker, I than 3,700 children benefit from this mentoring low. rise today to acknowledge that March is the program with the time and energy of more Throughout his later years, Mr. Webb re- American Red Cross Month for the South- than 3,200 volunteers. mained active in the community, leading the Minnesota is also home to the Mentoring eastern chapter. establishment of the Museum of East Ten- The American Red Cross Southeastern Partnership of Minnesota, which formed in nessee History, and fundraising for the historic Pennsylvania Chapter was officially formed on 1994 as a community initiative to promote Bijou Theatre in Knoxville. January 22, 1916, to ‘‘carry out a system of mentoring for Minnesota youth, particularly It is clear that his contributions to the legacy national and international relief in times of those who are at risk and may lack positive of private education in the South, and the cul- peace, and apply that system in mitigating the role models in their lives. tural edification of Knoxville, will not soon be A mentor can be a friend, a listener, a suffering caused by pestilence, famine, fire, forgotten. coach, a tutor, or a confidant. A mentor simply floods, and other great national calamities, On behalf of the 2nd Congressional District cares enough to be a good listener, and they and to devise and carry out measures for pre- of Tennessee, I express heartfelt condolences often open doors to new worlds—offering en- venting those calamities.’’ for the Webb Family, and great appreciation The American Red Cross trained more that couragement and support along the way. Men- for the life work of Robert Webb. 11 million Americans in valuable life-saving toring programs create opportunities and en- I call to the attention of the readers of the skills last year, 64,144 of them right in Phila- courage successes that can last a lifetime. CONGRESSIONAL RECORD an article written by I would like to thank the sponsor of this bill, delphia. Of a population of 4 million, the Amer- Judge Bill Swann in the Knoxville News Sen- Mr. OSBORNE from Nebraska, whose cousin— ican Red Cross Southeastern Pennsylvania tinel that accompanies these remarks. the Honorable Kathleen Vellenga—was a Chapter, responded to 804 local disasters and [From the Knoxville News Sentinel] mentor of mine when I served in the Min- provided relief services for 1,280 families and ROBERT WEBB: GREAT TEACHERS LIVE ON nesota State House of Representatives. a total of 4,012 people. Operating 18 disaster (By Bill Swann) I encourage all of my colleagues to support shelters, helped 2,933 military families, and I remember the wonder with which Jerome this resolution and to look for opportunities to trained 61,822 individuals in Red Cross health Taylor and I grasped—it was September 1956, be a mentor themselves. and safety courses, and another 24,631 peo- the first week in Mr. Webb’s Latin class, my ple in the community disaster education. The f first week at Webb School—that you could American Red Cross has housed 367 families actually say a thing some other way than TRIBUTE TO ROBERT WEBB English. It was a transforming moment. whose homes were unexpectedly destroyed There were a lot of those in my four years by natural disasters. HON. JOHN J. DUNCAN, JR. at Webb. Some of them were ‘‘Aha’’ mo- The American Red Cross has helped collect OF TENNESSEE ments, like that encounter with my first for- life-saving blood from 92,587 donors. 175,000 eign language. Some of them were fill-the- IN THE HOUSE OF REPRESENTATIVES residents across the 5 counties on south- backpack moments—times you knew you eastern Pennsylvania have been a part of this Wednesday, February 15, 2006 were loading up with information you would to help their fellow citizens in times of need. Mr. DUNCAN. Mr. Speaker, I would like to always need and use. Some of them were The American Red Cross is the place that call your attention to the life and death of a character moments—times when I was a good citizen or a poor citizen and learned the more than 25,000 people in these 5 counties great Tennessean. consequences. Coach Sharp had a lot to do turned to after the tsunami, and their contribu- Mr. Robert Webb accomplished more good with those. tions made it possible from 22,459 Red Cross for the people of Southeast Tennessee than I can still remember the wonder with volunteers from 40 countries to provide help many others of greater fame. which I realized that I had landed at a school

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.041 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E167 where learning was an unquestioned good, He wanted us to be leaders. We became TRIBUTE TO MR. ED WYNN OF where there was no such thing as leaders because we wanted to be like him. He NAPA, CALIFORNIA ‘‘geekiness,’’ when I realized that all of us took mere human beings and produced lead- were there because we wanted to learn. ers. You know the Latin in the coat of arms: There were 16 of us in the class of 1960. I You went to Webb. HON. MIKE THOMPSON can name them all, fondly and with pride: OF CALIFORNIA Jim Hart, LeClair Greenblatt, Clark f IN THE HOUSE OF REPRESENTATIVES Smeltzer, ‘‘E.R’’ Boles, David Creekmore, Wednesday, February 15, 2006 Hugh Faust, Jim Bradley, Doug Newton, A TRIBUTE TO PATRICK JOSEPH Chip Osborn, Sam Colville, Peter Krapf, Ed Mr. THOMPSON of California. Mr. Speaker, McCampbell. Sterling Shuttleworth, Kit BRADLEY I rise today to honor Napa County Chief Inves- Ewing. Jeff Goodson and me. Yes. ‘‘me,’’ di- tigator Ed Wynn of Napa, California as he re- rect object of the verb ‘‘to name’’ in the pre- tires after 35 years of distinguished public vious sentence. Thank you, Miss Freeman. HON. ROBERT A. BRADY service. Fondly, because of the friendships, suc- OF PENNSYLVANIA A California native, Ed was born in Berkeley cesses, embarrassments, mistakes, follies to parents Dick and Katherine Wynn. Ed grad- and secrets. With pride, because of our IN THE HOUSE OF REPRESENTATIVES progress in four years to a Webb-shaped ma- uated from Napa High School in 1967 and turity. There were also moments of grace: Wednesday, February 15, 2006 earned his Bachelor of Arts degree from Gold- Jeff Goodson teaching me to tie a bow tie; it en Gate University in 1977. took Jeff three days, but it stuck Sam Mr. BRADY of Pennsylvania. Mr. Speaker, I Mr. Speaker, Ed’s brutal honesty, strong Colville teaching me to drive straight shift, rise today to honor Patrick Joseph Bradley, leadership and commitment to doing the right in his own creampuff ’55 Chevy with three on loving husband of Joan (Nicoletti), father of thing have made him indispensable to pro- the column. It took him all track season, Jesse 21 and Nicholas 16 and brother of tecting the residents of Napa County. While driving from the new campus to Fulton High earning his degree, Ed was hired by the Napa School. Coach Sharp had gotten us practice James, Daniel, Joseph and Allen Bradley passed away Thursday, February 2, 2006. County Sheriff’s Office in September of 1970 privileges at Fulton. The new campus on to serve as a Deputy Sheriff and head the Cedar Bluff Road didn’t have a track; it bare- Pat was a devoted husband to his wife Joan Napa County jail. After 15 years of increasing ly had a football field. and a wonderful father who participated in responsibilities, Ed was promoted to Chief In- By now we have read the obituaries, the every activity concerning both his sons. Pat newspaper articles, the tributes. All the talk vestigator in 1995. Over the last 10 years, he about Robert Webb in the community, Bob coached both Jesse and Nicholas’ sports has been a leader and a mentor within his di- Webb the force for social good. teams and tirelessly volunteered at the Water vision and throughout the entire District Attor- For me and for many of us, there is no Tower Recreation Center. Thanks to Pat’s ef- ney’s office. Robert Webb, no Bob Webb. There is only the forts as a Democratic Committeeman and Ed has also been a leader in our community great and fine man we called and always will Board Member of the Chestnut Hill Youth by dedicating his time to numerous organiza- call ‘‘Mr. Webb.’’ He limped into our lives in Sports League he was able to secure thou- tions, including Native Sons of the Golden the basement of Sequoyah Hills Presbyterian sands of dollars in funding for the Water Church and changed each one of us forever. West, Moose Lodge, Legions of Valor Asso- So Mr. Webb is dead? I don’t think so. Tower Recreation Center. ciation and the Navy League Association. He ‘‘But,’’ they say—the people who believe Mr. As a very active member in the community has also served as a basketball coach for St. Webb is dead—‘‘there was the memorial serv- he served as a board member of Chestnut Hill John’s Middle School and the Napa County ice. The singing of hymns. There was the Youth Sports League, a Democratic Com- Recreational Youth League. great obit by Jack Neely in Metropulse. mitteeman to the 9th ward 4th division. As a Mr. Speaker, as any of his friends or col- There was the long obit in the News Sentinel leagues will tell you, Ed is a man of integrity, He’s dead, they say. Nope, Mr. Webb is not pillar of the community he was also a founding member of Chestnut Hill Run for the Hill Mem- justice and honor. One of Ed’s most discern- dead; never will be. ible characteristics is his love for our country. In my life and I hope in yours there is an ber Jenks Home and School Association. In He is a true American hero. Shortly after Ed unbroken line of great teachers. For me, the tribute to a wonderful husband, father, brother graduated from high school in 1967, he en- line is: Miss Freeman, who taught me sev- and pillar of the community, I ask that you and listed in the Marines. That same year Ed was enth-grade English at Tyson Junior High my other distinguished colleagues rise to School. Mr. Webb, who introduced me to deployed to Vietnam. During his tour, Ed honor him and all of his accomplishments. Latin. in the ninth grade. Ted Bruning, my fought valiantly for our country. He coura- English teacher for the four years at Webb. geously risked his own life to save the lives of RE. Sharp, the teacher of life skills at Webb. f others and was nearly killed on three separate And John Sobieski, professor of civil proce- occasions. In recognition of his bravery, Ed dure at the ‘‘University of Tennessee law SUPPORTING THE PEOPLE OF was awarded three purple hearts, the Navy school. TAIWAN The line is unbroken not because these Achievement Medal with Combat ‘‘V’’, the great teachers are all still alive but because Bronze Star Medal with Combat ‘‘V’’ and the they are all still with me. They always will HON. ILEANA ROS-LEHTINEN Navy Cross, the nation’s second highest be. They live in my house. They are with me honor. when I talk to my children, they are with me OF FLORIDA I believe I speak on behalf of Ed’s wife, when I try to be my best, they are with me IN THE HOUSE OF REPRESENTATIVES Joyce, his children Dan, Mike, Jim, Holly and when I reach out to others. These five fine his three grandchildren Mathew, Tyson and people required hard work and excellence in Wednesday, February 15, 2006 Madison when I say we are all extremely their own lives and expect the same of me. proud of him. I had some good teachers at Harvard and Ms. ROS-LEHTINEN. Mr. Speaker, last Yale. But I had my great teachers, my five Mr. Speaker, it is appropriate that we take great teachers, right here in Knoxville. I spring, China passed the anti-secession law to this time to thank and honor Ed Wynn for his don’t know what that means. Perhaps the give Chinese leaders the right to use force unwavering dedication to Napa County and to best teaching is done by those who are not against Taiwan if they suspect separatist ac- our country. On behalf of the entire United overly impressed with themselves, by those tivities in Taiwan. This law assumes the unifi- States Congress and our grateful nation, I who know that you never stand so tall as cation of China and Taiwan and proposes that wish Ed the best in all his future endeavors. when you reach down to help someone, by those opposed to the unification are subject to f those who love learning and want you to punishment. In addition to the enactment of share that love. the anti-secession law, China’s rapid military HONORING UNIVERSITY OF PORT- Henry Brooks Adams said. ‘‘A teacher af- LAND WOMEN’S SOCCER TEAM fects eternity. He never knows where his in- build-up has given the Taiwanese people a fluence stops.’’ Mr. Webb affected our eter- sense of dread. nities. He trained us to excellence. Mr. Webb In a recent public opinion poll, 70 percent of HON. EARL BLUMENAUER OF OREGON wanted the best from each of us, there in the Taiwanese people oppose China’s institution basement of the church. We delivered him IN THE HOUSE OF REPRESENTATIVES of the ‘‘anti-secession’’ law. Mr. Speaker, the our best because of his enthusiasm for learn- Wednesday, February 15, 2006 ing. We delivered him our best because of his freedom loving people of Taiwan deserve to evident joy in the life of the mind. We deliv- be treated with respect. I stand with the peo- Mr. BLUMENAUER. Mr. Speaker, today I ered him our best because of his love of life ple of Taiwan in their zeal for freedom and lib- am honored to introduce this resolution con- itself. erty. gratulating the 2005 University of Portland

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.045 E15FEPT1 ycherry on PROD1PC64 with REMARKS E168 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 women’s soccer team for winning the National Too much UV–B, which is filtered by the TRIBUTE TO JOHNSON COUNTY, Collegiate Athletic Association Division I Na- ozone layer, causes cataracts and suppresses KANSAS, AFRICAN-AMERICAN tional Championship. The Pilots completed an our immune systems, making us more vul- TRAILBLAZERS nerable to viruses and bacteria. It also con- undefeated season, capturing the National tributes to skin cancer. It was this threat to Championship by scoring four goals in their human health that was a major reason that final game against the University of California, the international community agreed to ban HON. DENNIS MOORE Los Angeles. it. It was a display of unprecedented coopera- OF KANSAS tion in the face of an environmental threat. Not only is this the University of Portland’s IN THE HOUSE OF REPRESENTATIVES second championship in four years, but the Methyl bromide puts our own workers and consumers at risk too. When it is injected Wednesday, February 15, 2006 2005 season was the most successful for the into the soil, it kills almost every living team to date. The Pilots set the University’s thing in the soil. It is no wonder that it also Mr. MOORE of Kansas. Mr. Speaker, I rise women’s soccer record with an undefeated causes chronic health problems for the work- to lend my support and appreciation to the season. ers who apply it and the nearby communities Johnson County, Kansas, chapter of the The story of the 2005 season is illustrated who are also exposed to it. Exposure has ef- with broken records. The loyal fans of the Uni- fects on the neurological system including NAACP, whose Youth Council, along with the versity of Portland set the NCAA season at- functional impairment, lethargy, twitching, Johnson County Library, will be holding a pro- tendance record for both men’s and women’s tremors, and paralysis in extreme cases. It gram at the Mount Olive Baptist Church in soccer teams and led the Nation in average has also been linked to prostate cancer and Merriam, Kansas, on Saturday, February 18th, birth defects in some studies. to honor and reflect upon Johnson County’s home attendance. Continuing the manufacture of methyl bro- There is no way one could speak to the ac- African-American ‘‘trailblazers.’’ Specifically, mide is bad economics. Since the inter- this program will honor the following six indi- complishments of the University of Portland national community agreed to phase out soccer program without heralding the amazing methyl bromide, companies who play by the viduals, families and organizations: talent of the coaching staff, both past and rules have been planning for its phaseout. JULIUS MCFARLIN They have incurred real financial costs by present. The program was brought to excel- Julius McFarlin, born in Conway, Arkansas, lence by the late Clive Charles who was re- investing in alternatives, anticipating the phase-out required by the Montreal Protocol. was instrumental in organizing the chartering spected by soccer enthusiasts worldwide. In Failing to adhere to the U.S. promise to of the Branch of the NAACP in Johnson Coun- 2002, Charles led the Pilots to their first ever phase out methyl bromide puts these compa- ty. While waiting for the Branch to be officially championship in any sport. Sadly, Charles nies who were playing by the rules at an un- chartered, McFarlin served as its President died in 2003 from complications of prostate fair competitive disadvantage. Those who do from 1972–1977. In September 1977 the cancer. the right thing and obey the law should be Branch, named the Merriam, Kansas, NAACP, With Head Coach Garrett Smith now at the rewarded for their good faith efforts, not punished. was chartered and Mr. McFarlin continue serv- helm, the Pilots have continued their superi- ing as its President until 1998. McFarlin is still ority on the soccer field. Coach Smith has de- Consider the international relations impli- cations as well. An attempt to let the U.S. active with the Branch and is a Life-Time voted 18 honorable years to the University of allow methyl bromide to be used without Member. Portland soccer program, both as a player and going through the specified channels—like Not only is Mr. McFarlin a ‘‘Trailblazer’’ with a coach, and his ability to lead his team with other countries are required to do—would creativity and vision has earned him great re- further harm our standing in the inter- his work with the NAACP, in 1973, McFarlin spect. national community. It sends a signal to realized a need to become involved in the I wish warm congratulations to every player, other countries that we will only honor our community and was elected to the Merriam coach, student, alumnus, faculty member, and agreements until we change our mind. It City Council, Precinct One, Ward One—thus harms negotiations on future agreements. It supporter of the University of Portland. There becoming the first African-American elected to furthers the stereotype of the U.S. as the a political office in Johnson County, Kansas. is much to celebrate up on the ‘‘Bluff’ and the bull in the proverbial global china shop. women’s soccer team is a great example of The EPA is currently trying to address the McFarlin served until 2000. the excellence the University produces and I methyl bromide issue by substituting chemi- Believing in giving back to the community in hope you will join me in supporting this resolu- cals, like methyl iodide, that aren’t as harm- which he so faithfully served, McFarlin’s com- tion. ful to the ozone layer but are still highly munity involvement includes managing base- toxic. Instead, we need to look to alter- f ball teams for youths; prior service on the natives for pest control that not only pre- Board of South Park Neighborhood Council; a STATEMENT ON METHYL BROMIDE serve the ozone layer but also protect worker health, community health, consumer health, current member of the Mt. Olive Baptist and ecological health. In fact, that’s exactly Church, in which he serves as the Chairman HON. DENNIS J. KUCINICH what Americans want. of the Trustee Board; and prior service on the OF OHIO One of the biggest growth industries right Johnson County Mental Health Board; Public IN THE HOUSE OF REPRESENTATIVES now is organic food. According to the Con- Works Board and City Finance Committee. gressional Research Service, ‘‘The annual Wednesday, February 15, 2006 rate of market growth since 1990 has re- Married to his bride of 60 years, the lovely Mr. KUCINICH. Mr. Speaker, I gave the at- mained steady at about 20%.’’ When given a Marzella (Wilson) McFarlin, Julius McFarlin is tached statement, in support of the banning of choice between food grown with toxic chemi- truly a Johnson County ‘‘Trailblazer’’. cals or food grown organically, people choose methyl bromide on February 15, 2006. DR. NORGE W. JEROME the latter, especially when the price is com- STATEMENT OF REP. DENNIS J. KUCINICH, SUB- parable, which is increasingly the case as Dr. Norge W. Jerome, a Nutritional Anthro- COMMITTEE ON ENERGY AND RESOURCES, economies of scale become more prevalent. pologist, International Health and Nutrition Sci- HOUSE COMMITTEE ON GOVERNMENT RE- One of methyl bromide’s biggest uses is for FORM: HEARING ON ‘‘METHYL BROMIDE: ARE entist, and Women in Development Specialist, strawberry crops. Jake Lewin, director of is currently Professor Emeritus of Preventive U.S. INTERESTS BEING SERVED BY THE CRIT- marketing for California Certified Organic ICAL USE EXEMPTION PROCESS?’’ Farmers says ‘‘. . . strawberries can be Medicine and Public Health, at the University I was dismayed when I learned that today grown without pesticide. We’ve got 60 grow- of Kansas School of Medicine. Dr. Jerome has we would be discussing efforts to perpet- ers who don’t use (methyl bromide) . . . The served as Senior Research Fellow at the Cen- uate—and possibly increase—the use of bottom line is small and large growers have ter for University Cooperation in Development, methyl bromide. Continuing to allow it to be successfully produced strawberries without Bureau of Science and Technology, U.S. manufactured and used is bad for the envi- pesticides.’’ Agency for International Development (A.I.D.), ronment, bad for human health, bad for So we are talking about yielding to the international relations, bad economics, and management of chemical producers and agri- Department of State, in Washington, D.C., and is simply unnecessary. business—who by the way rarely have to as Director of the Office of Nutrition at A.I.D. Methyl bromide has been responsible for a apply the toxic pesticide themselves or live Dr. Jerome also served as Interim Associate significant amount of the degradation of our in the adjacent communities—at a drastic Dean for Minority Affairs, at the University of protective ozone layer. In 2005, the size of the cost to our health and that of the earth. It Kansas School of Medicine, as well as having resulting hole in that layer over the Ant- speaks to a systematic deference to corpora- published widely, with 2 books and over 100 arctic reached 9.4 million square miles, an tions at the expense of the biological sys- articles to her credit. area almost as big as the combined areas of tems on which we intimately depend for life. the U.S. and Canada, according to NASA. It is unwise and unnecessary. I call for the Dr. Jerome was born and raised on the Current estimates say that it will take an- immediate and permanent phase-out of southern Caribbean island of Grenada and other 50 years for the hole to repair itself. methyl bromide. came to the United States to

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.049 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E169 study at Howard University. She became a For its contributions to the development of TRIBUTE TO EARL FOWLER naturalized U.S. citizen in 1973 and went on Johnson County, Kansas, the Mt. Olive Baptist to earn a B.S. degree (Magna Cum Laude) Church is truly a ‘‘Trailblazer’’. HON. BOB ETHERIDGE from Howard University; her M.S. and PhD. ALFONSO AND MARV WEBB OF NORTH CAROLINA degrees are from the University of Wisconsin, IN THE HOUSE OF REPRESENTATIVES Madison. In 1947, parents of 39 school children at- Dr. Jerome led a pioneering role in launch- tempted but failed to enroll their children in the Wednesday, February 15, 2006 ing nutritional anthropology as a discipline new South Park Grade School, which was Mr. ETHERIDGE. Mr. Speaker, I rise to rec- within anthropology. Dr. Jerome has received less than a mile from their homes. The par- ognize Chief Earl Fowler of Raleigh, North numerous honors, tributes and awards and ents did not want to send their children to the Carolina. Chief Fowler recently retired, ending served on many national and international Madame C.J. Walker School, which did not 54 years of service to the Raleigh Fire Depart- committees and panels concerned with wom- have running water, electricity or up-to-date ment by the Fowler family. en’s health and development issues. textbooks. Instead, the parents elected, with B.T. Fowler, the chief’s father, joined the For her many contributions, not only to this the permission of the pastor of the Mt. Olive Raleigh fire department in 1956 and served community, but worldwide, Dr. Jerome is Baptist Church, to set up school at the church with distinction until 1986, when he retired as being recognized as a Johnson County ‘‘Trail- and in homes. Two of these parents were Al- a fire inspector and became the department’s blazer’’. fonso and Mary Webb. historian. MAYOR CARL WILKES After serving in the U.S. Navy, Earl Fowler Carl Wilkes and his wife of 42 years, Preceding the Brown vs. The Topeka Board followed his father’s footsteps and joined the Wanda, have been residents of Merriam, Kan- of Education decision, Mr. and Mrs. Alfonso Raleigh department in 1971, where he rose sas, for 40 years. Carl has a 31-year career Webb, on behalf of their minor children, Har- through the ranks as a firefighter, district chief, in public service for local and federal govern- vey and Eugene Webb, the plaintiffs, filed suit fire marshal and assistant chief. He became ments and currently serves as a Field Super- in the 1948 desegregation case, Webb vs. chief in 1999. visor for the Housing Services Division of School District #90. Included in this litigation I have had the pleasure to work with Chief Johnson County’s Human Services and Aging were Shirley Ann Turner and Herbert Turner, Fowler over the years, and he has served with Department. minor children of Thelma and Earnest Turner, humility, honor and professionalism. His fellow Carl Wilkes was instrumental in the develop- and Delores Gay and Patricia Black, minor chiefs have recognized him as ‘‘a leader and ment and receipt of funds for the first transpor- children of Thomas Black. a visionary,’’ as well as ‘‘a creative thinker and tation program for the elderly in Johnson The Kansas Supreme Court ruled that the motivator.’’ County, ‘‘Dial-A-Ride’’. Carl also established— black students would attend the previously all Today, I am honored to recognize Chief in conjunction with United Community Serv- white South Park Elementary School. In Sep- Fowler and to thank him for his many years of ices—the Multi-Service Center, served as its tember 1949 the black students were admitted dedication and service to the people of Ra- Executive Director and developed and secured without incident. leigh and of the Second Congressional Dis- funding for the City of Kansas City, Kansas, trict. Alfonso and Mary Webb were truly ‘‘Trail- Section 8 Housing Program and served as its f Director. blazers.’’ TRIBUTE TO ELIZABETH BIRT Carl Wilkes has received numerous awards THE MCCALLOP FAMILY and recognition for his service, such as Certifi- cates of Commendation; the Meritorious Public Robert L. McCallop was born in Wilder, HON. DAN BURTON Kansas, in 1894. Robert reflected the success Service Award and the Distinguished Service OF INDIANA of African-Americans all across the country. Award, to name a few. Nevertheless, Carl IN THE HOUSE OF REPRESENTATIVES Wilkes will always be remembered in Johnson He took something that many of us take for Wednesday, February 15, 2006 County as the first African-American to be granted and turned it into an achievement elected as Mayor of a local community. On based upon business and education. Mr. BURTON of Indiana. Mr. Speaker, it is April 23, 2001, Carl Wilkes was sworn in as In 1934 Robert turned the back of a truck with great sorrow that I rise today to pay trib- the 10th Mayor of Merriam, Kansas. On re- into a bus to provide transportation for African- ute to a good friend and former member of my count, his election was determined by two American children so that they could attend staff, Ms. Elizabeth Ann Birt, who died fol- votes. Carl Wilkes is currently serving his sec- school in Wyandotte County, Kansas. The lowing an auto accident while on vacation in ond term as Mayor of the City of Merriam, McCallop Company was the first black-owned Colorado late last year. Liz is survived by her Kansas. bus company in Johnson County. three children: Sarah, Matthew, and Andrew. Carl Wilkes is truly a ‘‘Trailblazer’’ and de- In 1996, Liz’s son Matthew was diagnosed serving of such recognition. Thanks to the McCallop family, black chil- with autism, a devastating neurological dis- dren in Johnson County in the 1930s through MT. OLIVE BAPTIST CHURCH—MERRIAM, KANSAS order that, according to the Centers for Dis- the 1950s were able to get an education. Be- In 1922, the members of Shiloh Baptist and ease Control and Prevention, now afflicts ap- First Baptist in Merriam, Kansas, combined cause of segregated times, African-American proximately 1 in 166 American children. My their two churches to form Mount Olive Baptist Johnson County children were unable to at- own grandson is autistic so I know first-hand Church. tend secondary school within the county. In- how traumatic this news can be for parents of Mt. Olive members were, and still are, ac- stead, they were forced to cross over to Wy- newly diagnosed autistic children. All too tive in church, community and political affairs. andotte County to attend Sumner High School. often, parents give up on the search for an- During the 1940s Mt. Olive played an impor- Oscar Johnson, former educator and Presi- swers because raising a child with autism re- tant role in helping the parents who were in- dent of the Johnson County Branch of the quires so much more time and energy than volved in the seminal 1949 decision involving NAACP, states: ‘‘the McCallops were a family raising a so-called average child. school desegregation—Webb vs. Merriam so intact, so committed to stay the course in Liz, however, did not back away from the Board of Education. Mt. Olive, during this liti- a community that wasn’t always welcoming. fight. No matter how tired and discouraged gation, which lasted for approximately two Yet, they thrived and flourished despite the she might have been, Liz was determined to years, opened up its doors for school to be set odds they faced’’. show the world that one person can make a up and receive instruction. The support of Mt. difference just by asking questions. Her coura- William, sibling of Robert McCallop, and his Olive members helped them to achieve this geous and infectious enthusiasm ignited a wife Ruth, will appear at Saturday’s event to wonderful victory. quest for truth and justice for the autistic chil- accept this award for the contributions the It was also during the late 1940s and early dren of this country. There can be no doubt McCallops has given to this county and the 1950s that the Mt. Olive Baptist Church, al- that Liz fought hard for what she believed in lowed the NAACP to utilize its basement for McCallops are truly ‘‘Trailblazers’’. and in the end, her brilliant mind, strong spirit, its meetings and continue to be a voice in the Mr. Speaker, I thank you for the opportunity and passion for the truth made her a hero to community for civil rights and equality advo- to pay tribute to these distinguished Johnson the autism community. cating. To this day, the Mt. Olive Baptist Countians and to Mt. Olive Baptist Church, In fact, it is through her work on autism that Church is still committed to the spiritual grown and I know that all members of the United I first came to know Liz; and not long after I of all and concerned about matters that impact States House of Representatives join with me became Chairman of the Government Reform the community. in saluting these ‘‘trailblazers.’’ Committee in 1997, I invited her to join my

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.053 E15FEPT1 ycherry on PROD1PC64 with REMARKS E170 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 staff to help lead the Committee’s investigation Liz will be sadly missed by all who knew vironmental Stewardship Award. Mr. Wood into the autism epidemic sweeping our coun- and loved her. I respectfully ask my col- was also the recipient of the 2003 Vision try. As a valued legal advisor/investigator for leagues to join me in sending their deepest Award from the National Cattlemen’s Founda- the Committee, Liz helped us to elevate the sympathies and heartfelt prayers to Liz’s fam- tion, a prestigious award given to individuals level of public debate about this disease, as ily. May God bless them. whose creativity and imagination inspire others well as educate policymakers at all levels of f and improve the world around them. government about the evolving science con- On a personal level, he is a caring and lov- cerning the toxic effects of thimerosal—a mer- HONORING DAVE WOOD, E. FLOYD ing father of David, who works with his father cury-based preservative commonly used in FORBES AWARD RECIPIENT on the cattle ranch and is his pride and joy. vaccines. Dave Wood is a gentleman who cares about Like many of us who have been involved in HON. JIM COSTA his Country, his work and most importantly the this debate over the years, when Liz first OF CALIFORNIA friendships of life. Every day he tries to make heard about the connection between autism IN THE HOUSE OF REPRESENTATIVES a difference. and thimerosal, she was skeptical. But she Wednesday, February 15, 2006 It is with great pride and honor that I join read everything she could find, requested gov- Mr. Wood’s family, friends and colleagues in ernment documents and studies, and in the Mr. COSTA. Mr. Speaker, I rise today to commending his hard work and applaud his end became convinced that thimerosal was in commend Mr. Dave Wood for his achievement recognition as the recipient of the E. Floyd fact the cause of her son Matthew’s autism. in receiving the distinguished E. Floyd Forbes Forbes Award. Mr. Wood’s passion and com- Armed with this knowledge, Liz helped to co- Award. This prestigious tribute is awarded to mitment make him a most deserving recipient write the groundbreaking congressional staff those who have proven exemplary service to of this award and a true pillar of this industry. report, ‘‘Mercury in Medicine—Taking Unnec- the National Meat Association (NMA) and the f essary Risks,’’ published in the CONGRES- meat and poultry industry. SIONAL RECORD in 2003, which challenged the Mr. Wood currently serves as the chairman HONORING AXEL CARL HANSEN, conventional thinking of the Federal Govern- of the Beef Division for Harris Ranch, Inc., a M.D., DHL ment, the public health systems, the medical notable company who praises and recognizes communities, and the pharmaceutical compa- his service, dedication and loyalty. HON. DONNA M. CHRISTENSEN nies on the subject of thimerosal and autism- Upon graduation from California State Uni- OF THE VIRGIN ISLANDS spectrum disorders. versity Cal Poly, San Luis Obispo in 1970, Mr. IN THE HOUSE OF REPRESENTATIVES Wood relocated to the San Joaquin Valley and In addition to her government service, Liz Wednesday, February 15, 2006 served the autism community through her accepted a position with Harris Ranch, Inc. leadership in many nonprofit organizations. As With the inception of his career, Mr. Wood Mrs. CHRISTENSEN. Mr. Speaker, to be the co-founder of the ‘‘Coalition for embarked on a campaign to expand the com- young, gifted, and Black during the first quar- SafeMinds’’ (Sensible Action for Ending Mer- pany’s feeding division, successfully doubling ter of the 20th century presented unique and cury-induced Neurological Disorders), founder cattle productivity. Mr. Wood’s unwavering de- overwhelming challenges that not many Afri- of Medical Interventions for Autism, founding meanor and strong work ethic led him to as- can Americans could transcend. Among those board member of the National Autism Associa- sume more responsibilities within the com- who did was the distinguished physician, Dr. tion, and co-creator of the Extreme Sports pany; opening the floodgates for his ingenious Axel Carl Hansen. Camp in Aspen, Colorado, Liz brought joy, creativity to take form. Mr. Wood’s contribu- He has been a recognized researcher, hope, and inspiration to many autistic children tions to Harris Ranch, Inc., include the estab- scholar and expert in the field of ophthal- and their parents. In addition, Liz was one of lishment of the Partnership for Quality (PQ) mology for over 50 years. The combination of the founding members of the autism commu- program—a marketing technique that in- his unique commitment to human egali- nity’s first political action organization, A- creased Harris Ranch, Inc.’s, reputation by tarianism and equal educational opportunities CHAMP (Advocates for Children’s Health Af- providing consumers with consistent, high for African Americans interested in ophthal- fected by Mercury Poisoning). Liz was espe- quality beef. He also developed a line of fully- mology has been a perennial beacon of light cially proud of this venture; and in a short pe- cooked premium heat and serve entrees as to those entering and those within the profes- riod of time A-CHAMP has become one of the well as a number of fresh seasoned products sion. driving forces behind the growing and highly to meet diversified consumer demand. Dr. Hansen was born in my district, on St. successful movement to ban mercury at the Mr. Wood’s expertise goes beyond his role Thomas, U.S. Virgin Islands, on March 4, State level. at Harris Ranch, Inc., with the ownership and 1919, and received his elementary education I believe, as Liz did, that strong evidence management of Dave Wood Ranches and in the private schools of the island. His col- points to the mercury unnecessarily used in Wood Livestock, a cow-calf operation that is lege-preparatory training was obtained at the vaccines as part of the autism problem, and part of the Harris Ranch Partnership for Qual- Charlotte Amalie High School in St. Thomas, that thimerosal played a key role in my grand- ity program. He is also co-owner of the historic from where he graduated in June 1937. His son developing autism. The science is undeni- Dressler Ranch near Bridgeport, California, a leadership and scholastic skill were evident able: mercury is a base element—and it re- cattle and stocker cattle operation and he early in life. In his senior year in high school, mains a base element even when mixed with serves as a partner in Wood & Devine Cattle he was president of his class, editor of the other materials—and the most toxic substance Co., Devine & Wood Farming, Inc., and Dou- school’s weekly newspaper, The Reflector, known to man outside of radioactive materials. ble D Farms. and editor of his class yearbook, The Last The fact is that no one has ever identified In addition to those commitments, Mr. Wood Carib. A member of the Quill and Scroll Jour- a positive health benefit to mercury in the has assumed leadership roles in several in- nalist Society, he received the national soci- human body, and as more science accumu- dustry organizations including a member of ety’s ‘‘honorable mention’’ for a news article lates and more people learn about the dan- the board of directors of Cattle-Fax, chairman he wrote and published in The Reflector and gers of mercury, more time runs out for those of the Beef Committee and chairman of the won first prize from the Virgin Islands Daily who continue to advocate that mercury in vac- National Meat Association’s predecessor, the News for an essay, ‘‘Nature’s Masterpiece’’, cines and other medical devices is safe. Even- Western States Meat Association. He has which appeared in the initial issue of The Vir- tually, even they will have to admit that it flies sought other leadership opportunities includ- gin Islands Magazine. He was one of two in the face of logic to suggest, much less be- ing, serving as: Chairman of the Cattlemen’s members of his graduating class to receive lieve, that a substance so dangerously toxic Beef Promotion and Research Board, chair- the honor society’s Forum Award for out- outside the body is harmless once injected man of the California Beef Council, executive standing accomplishments. into the human body. committees of the California Cattleman Asso- In the fall of 1937, Axel Hansen left the Vir- Until that day comes, I know that I, and oth- ciation and United States Export Federation. gin Islands to attend Fisk University in Nash- ers like Liz who believe as I do, will not be si- Mr. Wood’s legacy of good stewardship and ville, Tennessee, where he graduated with a lent about this issue or give up in our fight to constant regard for upholding the industry’s baccalaureate degree. He received his M.D. make our world a safer and healthier place. high standards has led him to receive several degree from Meharry Medical College in And when that day does come, we will all owe awards that recognize those efforts, including Nashville in March 1944 and pursued intern- a debt of gratitude to Liz Birt for leading the the Cattle Business of the Century Award from ship and 1 year residency at Homer G. Phillips way and becoming a leader in a fight she the National Cattlemen’s Beef Association and Hospital in St. Louis in ophthalmology and oto- would rather not have been fighting. the National Cattlemen’s Beef Association En- laryngology.

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.057 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E171 Dr. Hansen, following that post-graduate HONORING THE HURLEY puted allergist in the tri-state area of New training, was recruited by Dr. Charles Drew, AUXILIARY York, New Jersey and Connecticut, has made the famous African American pioneer of blood a significant difference in U.S.-India relations storage, to return to St. Croix, Virgin Islands HON. DALE E. KILDEE in the past several years. Dr. Parikh is a and assist in the delivery of medical care. As OF MICHIGAN former president of the nationally recognized a municipal physician and general practitioner IN THE HOUSE OF REPRESENTATIVES American Association of Physicians of Indian there, one of his responsibilities was the med- Wednesday, February 15, 2006 Origin, as well as a former president of the In- ical care of patients with leprosy. He modern- dian American Forum for Political Education. ized the treatment of that disease in the Virgin Mr. KILDEE. Mr. Speaker, I would like to He used these prominent organizations to pro- Islands by substituting the new sulfone drugs recognize the achievements of a remarkable mote Indian-American issues in Congress and for the long used, but less efective, group of women and men in my hometown of to raise awareness within the Indian commu- chaulmoogra oil. Flint, Michigan, the Hurley Medical Center nity. Today, he serves as president to the Auxiliary. On February 21, they will celebrate Returning to the United States in 1946 to Federation of Indian Associations, continuing their 50th anniversary by holding a luncheon further his training in diseases and surgery of his critical role in bringing our two countries to- for the members and local dignitaries. the eyes, ears, nose, and throat, Dr. Hansen gether. First organized on February 15, 1956, over spent 2 years at Meharry Medical College’s He has contributed more than $2 million in- 100 women attended the first membership George W. Hubbard Hospital. The year 1948– dividually to various causes from cancer re- meeting. In October 1959, the membership 1949 was devoted to advanced training in the search to tsunami relief and rehabilitation of amended the constitution to allow men to join specialty at Provident Hospital in Chicago and earthquake victims in Gujarat. Besides his in- the organization. Currently there are 200 the University of Chicago. Upon completion of dividual efforts, Dr. Parikh also joined with or- members donating 40,000 volunteer hours to his training he returned to Meharry Medical ganizations like the American Indian Founda- Hurley Medical Center annually in 14 service College as a full time instructor and he began tion, Share & Care, the Nargis Dutt Cancer areas. a private practice. Foundation and the Art of Living Foundation to Since its inception the Hurley Auxiliary has raise funds. Later, during a 3-year sojourn in the Virgin raised and given $3.2 million dollars for Med- Islands, he served a year as president of the As members of the Congressional Caucus ical Center programs. Especially important to on India and Indian Americans, we are medical staff at the Knud-Hansen Memorial the auxiliary members is the care provided to Hospital, and was the founder and first sec- pleased to have a friend like Sudhir, who has children. During the 1950s they conducted the helped tremendously in building the member- retary of the U.S. Virgin Islands Medical Soci- ‘‘Wish a Child Well’’ wishing well fundraisers ety. ship of the Caucus and helped set up a new and today the group is a significant donor to caucus in the U.S. Senate. He is a tireless ad- In 1960, Dr. Hansen was appointed Asso- the Children’s Miracle Network. The Auxiliary vocate for the Indian community’s interests ciate Professor of Ophthalmology and Oto- has generously supported pediatric programs and the global interests of India. laryngology at Meharry Medical College and and the Neonatal Intensive Care Unit. Mr. Speaker, Dr. Parikh is an asset to the Because of the Auxiliary membership’s com- rose to the rank of Professor and head of the Indian American community and his efforts are mitment to serving all patients, they have also Department of Ophthalmology. He also served deserving of this great award. Sudhir fully em- raised money to purchase vans for Hurley’s as medical director of the College’s Hubbard bodies the commitment and values that the Senior Services. The vans allow seniors to Hospital for 6 years. NRI Award represents. In 1968, he reported the first two cases of have door-to-door transportation for doctor’s f Norrie’s Disease—a rare eye disease—in the visits. The vans are handicapped accessible United States, and has published several and were paid by the Auxiliary through fund- TRIBUTE TO SANDY GERMANY medical articles on that and other subjects. raisers, the gift shop and hospitality carts. His creativity has not been limited to medi- The Hurley Auxiliary has also contributed to HON. SANDER M. LEVIN the Michigan Association of Hospital Auxil- cine. Dr. Hansen also published a self-illus- OF MICHIGAN iaries. Five Hurley members have served as trated book of original poems, and a book, IN THE HOUSE OF REPRESENTATIVES From These Shores, which consists of bio- president of the East Central District and two Wednesday, February 15, 2006 graphical profiles of influential individuals from members have been president of the Michigan the Danish West Indies. Association of Hospital Auxiliaries. Mr. LEVIN. Mr. Speaker, I rise today to rec- Mr. Speaker, I ask the House of Represent- The physician became the first African- ognize Ms. Sandy Germany, National Presi- atives to join me in congratulating the Hurley dent of the Ladies Auxiliary to the Veterans of American ophthalmologist to be certified by Auxiliary for 50 years of dedicated service to the American Board of Ophthalmology in the Foreign Wars of the United States. Hurley Medical Center and working to provide Ms. Germany is being honored for her com- State of Tennessee. He is a Diplomate of that the best available medical care for its patients. Board, a Fellow of the American Academy of mitment and dedication to veterans all over f Ophthalmology, a Fellow of the American Col- our country who have served with bravery and lege of Surgeons and a Fellow of the Amer- IN RECOGNITION OF DR. SUDHIR honor in our Nation’s conflicts. As a Life Mem- ican Association for the Advancement of PARIKH ber of Kiehler-Pippen Auxiliary #5658, her in- Science. He is also a member of Alpha volvement hits close to home with her own fa- Omega Alpha Honor Medical Society and Phi ther, Pete Frauenhoffer, who served in the HON. FRANK PALLONE, JR. Army Air Corps in World War II, her brother, Beta Kappa Honor Society. Among his many OF NEW JERSEY Ronald, who served two tours in Vietnam in citations are the honorary degree of Doctor of IN THE HOUSE OF REPRESENTATIVES the United States Air Force and her son, Cur- Humane Letters and the Distinguished Alum- Wednesday, February 15, 2006 nus Award from Fisk University. tis, who has been in the military since 1986 serving in the U.S. Army in Korea and recently In 1987, he was the commencement speak- Mr. PALLONE. Mr. Speaker, on behalf of in Iraq. er at his alma mater, Charlotte Amalie High Congressman JOE CROWLEY (NY) and myself, The Ladies Auxiliary to the Veterans of For- School, from which he had graduated 50 I rise today to congratulate a Dr. Sudhir eign Wars of the United States is dedicated to years earlier. Parikh, a prominent Indian-American physi- cian, activist and philanthropist, who was se- the principle of freedom for all people around Dr. Hansen retired from Meharry in 1985 as lected earlier this year to receive the pres- the world. The organization’s plans for 2005– a Distinguished Service Professor Emeritus. In tigious Pravasi Bharatiya Samman Award for 2006 include helping veterans and their fami- 1996, the American Academy of Ophthal- 2006, the highest civilian honor bestowed by lies by caring for their children at the VFW Na- mology awarded him the Academy’s Out- India on non-resident Indians. tional Home for Children, providing special as- standing Humanitarian Award, the second Afri- Every year, the Government of India nomi- sistance through the Rehabilitation Program, can American to receive that honor. nates extremely worthy and valuable members volunteering in VA Medical Centers, sending Today, Dr. Hansen is retired and living in of the non-resident community for this award care packages to the troops in Iraq, Afghani- Nashville, Tennessee. who have made a difference to global well- stan, Kuwait and Qatar, and teaching young Mr. Speaker, I ask that the Members of the being. It is clear that Dr. Parikh was chosen people about the responsibilities of citizenship. U.S. House of Representatives join me in hon- on his strong credentials. Ms. Germany was elected and installed as oring this esteemed physician, educator, au- Dr. Sudhir Parikh, who migrated to the National President of the Ladies Auxiliary to thor and humanitarian. United States in the late 1970s and is a re- the Veterans of Foreign Wars of the United

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States at its 92nd National Convention in Salt DODD’s office; Ryan Conroy from Deakin Uni- ment to all members of our society, especially Lake City, Utah, on August 25, 2005. versity is in Representative SAM FARR’s office; the most vulnerable. She has served in many positions for the or- Jenna Davey-Burns from Melbourne University I am very proud to honor the thousands of ganization, including Auxiliary President. As is in Representative LOUISE SLAUGHTER’s of- Catholic elementary and secondary schools all District and State President, she earned Run- fice; Douglas Ferguson from the University of across the Nation for their vital contributions to ner-Up Outstanding President of the Year. Canberra is in Senator DEBBIE STABENOW’s of- the education of children and young people. She also served as National Junior Girls Units fice; Jessica Gurevich from Melbourne Univer- Attending an all-day Catholic kindergarten Director, as National District Council Member sity is in Representative MIKE CASTLE’s office; gave me a strong start in my own life. Later, #8, and eight years as State Secretary. Scott Ivey from the University of Western Aus- while attending the College of St. Catherine, I Ms. Germany is also a life member of the tralia is in Representative LORETTA SANCHEZ’s had the opportunity to student teach at St. VFW National Home for Children and belongs office; Saul Lazar from Deakin University is in Luke’s Catholic School in St. Paul and saw to the American Legion Auxiliary and the Mili- Senator CHUCK HAGEL’s office; Abbie McPhie teachers who worked so hard to enrich stu- tary Order of the Cooties Auxiliary. from Melbourne University is in Representative dents’ lives through academics and spiritual Mr. Speaker, I ask my colleagues to join me JERROLD NADLER’s office; Linda Nelson from development. in recognizing Sandy Germany, a woman who the University of Wollongong is with the House It is with gratitude for their commitment and has dedicated herself to all veterans, our com- Science Committee’s majority staff; Marianna efforts that I rise to thank Catholic schools, munity and the State of Michigan. O’Gorman, from the University of Queensland teachers, parents, and students for their valu- f is in Delegate ENI FALEOMAVAEGA’s office; and able contributions to our Nation. Rachel Thomson from the University of West- f RECOGNIZING THE UNI-CAPITOL ern Australia is with the Joint Economic Com- WASHINGTON INTERNSHIP PRO- mittee’s minority staff. SENSE OF CONGRESS REGARDING GRAM I would also like to commend Eric Federing THE CONTRIBUTIONS OF THE who founded and continues to direct this inter- USO TO OUR ARMED FORCES HON. ALCEE L. HASTINGS national internship program. Eric is a former SPEECH OF OF FLORIDA senior House and Senate staffer of more than IN THE HOUSE OF REPRESENTATIVES a dozen years, and I congratulate him on HON. ENI F.H. FALEOMAVAEGA Wednesday, February 15, 2006 making his vision a reality. In the process, Eric OF AMERICAN SAMOA continues to make a great contribution to the IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Mr. Speaker, I mutual understanding and appreciation shared Tuesday, February 14, 2006 rise today to recognize the Uni-Capitol Wash- by Australians and Americans, myself in- ington Internship Program, an international in- cluded. Mr. FALEOMAVAEGA. Mr. Speaker, I rise ternship program that was highlighted in a Roll I am proud that my office is part of this pro- today in support of H. Con. Res. 322, express- Call article last week. I have been a proud gram, as I believe it provides a unique and im- ing the sense of Congress regarding the con- participant in the program since its inception portant bridge between the United States of tribution of the USO to the morale and welfare seven years ago. America and Australia. The program has of our service men and women of our Armed The Uni-Capitol Washington Internship Pro- been, and will continue to be, an extremely Forces and their families. gram gives Australian university students the beneficial experience for all involved. I implore I commend my colleagues Mr. MILLER and opportunity to intern in the office of a Member my colleagues to participate in this worthwhile Mr. REYES for giving us this opportunity to ex- of the Congress. Each year, 12 students from program in the coming years. press our appreciation to the USO for the all across Australia are selected to come to f service they provide to our country through Washington to participate in the administrative their work with our military forces throughout and legislative processes that underpin the HONORING THE CONTRIBUTIONS the world. functioning of Congress as a democratic insti- OF CATHOLIC SCHOOLS I believe the United Service Organizations, tution. Such experiences are invaluable oppor- USO, is best known to the public for bringing tunities for these students to gain knowledge SPEECH OF in diverse celebrity musicians, comedians and and a deep understanding of the internal HON. BETTY McCOLLUM actors to entertain and to boost the morale of workings of the United States Government OF MINNESOTA our troops around the world, including such fa- while bringing their own skills and back- IN THE HOUSE OF REPRESENTATIVES miliar names as Wayne Newton, Robin Wil- grounds to their respective Congressional of- liams, actor Gary Sinise, the Dallas Cowboy fices. Wednesday, February 8, 2006 Cheerleaders, and even including a son of my The Uni-Capitol Program selects under- Ms. MCCOLLUM of Minnesota, Mr. Speak- own district, Dwayne Johnson—the Rock. graduates from 7 universities by matching the er, I rise today in support of this resolution to What is less widely known is the existence applicants with Members and Senators who honor America’s Catholic elementary and sec- of other important programs and services the share their views. The students who are se- ondary schools and to recognize Catholic USO has developed to support our troops, lected come from a variety of academic dis- Schools Week. such as family crisis counseling; housing as- ciplines, but all have an interest in learning America’s Catholic schools provide a well- sistance; airport service centers; libraries and about and promoting the U.S.–Australia rela- rounded education to the millions of children reading rooms; telephone, internet, and e-mail tionship. The Program facilitates this by ena- who attend them. More than 27 percent of the capabilities; support groups for families sepa- bling the formation of genuine friendships and students are from minority groups and nearly rated by deployments; and USO centers—on- the exchange of views and ideas between the 14 percent are non-Catholics. With a strong and off-base—to provide relaxing and whole- Australian interns and their respective offices. tradition of social justice, Catholic schools some recreational activities to our service I have often enjoyed the interaction that has combine strong academic rigor and moral de- members and their families. In fact, the USO occurred between my Australian and American velopment to prepare young people for life. currently operates more than 120 centers interns. This, my colleagues, is how we build Graduates of Catholic schools go on to make around the world, including centers in Ger- relationships which will ensure that the U.S. valuable contributions to our communities many, Italy, France, Bahrain, Bosnia, Japan, and Australia remain friends and allies for through their work, further education, and civic Qatar, and Kuwait. years to come. activities. It is important that we take this time I note that the USO is a private, nonprofit My office is currently hosting Sarah Dillon to acknowledge the important role that Catho- organization relying on donations from private who is completing a double degree in law and lic schools play in educating students and sup- citizens, organizations and corporations to international studies at Deakin University. She porting the communities in which they exist. support their mission. The USO credits its suc- has been an exceptional addition to my staff The Catholic tradition continues to acknowl- cess in large part to the services of more than and has provided us with an international per- edge the importance of reaching out to the 12,000 volunteers, who provide some 450,000 spective on constitutional governments, a pas- most vulnerable in our society and Catholic hours of service annually to support our sion for relieving suffering in Darfur, and the schools follow that lead by incorporating moral troops. culinary delights of vegemite. development, civic engagement, and service I am a proud supporter of our military troops Sarah is participating with 11 other very learning in their curriculum. In this time of dif- and a proud member of the USO Congres- qualified students. Andrew Brookes from Mel- ficult decisions and budget priorities, the sional Caucus. In my opinion, the work the bourne University is in Senator CHRISTOPHER Catholic community reminds us of our commit- USO has been doing for the past 65 years is

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.065 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E173 vital to the morale and welfare of our men and A PROCLAMATION CONGRATU- RECOGNITION OF THE HONORABLE women in the Armed Forces. For this reason, LATING VICE ADMIRAL THAD FRANK L. OLIVER OF 195TH LEG- I am honored to have this opportunity to speak ALLEN FOR HIS NOMINATION TO ISLATIVE DISTRICT OF PENN- in support of H. Con. Res. 322 and recognize COAST GUARD COMMANDANT SYLVANIA the USO for their invaluable contributions to POST the success of our U.S. military. HON. CHAKA FATTAH I urge my colleagues to support H. Con. OF PENNSYLVANIA Res. 322. HON. C.A. DUTCH RUPPERSBERGER IN THE HOUSE OF REPRESENTATIVES f OF MARYLAND Wednesday, February 15, 2006 IN GRATITUDE TO MR. JESUS IN THE HOUSE OF REPRESENTATIVES Mr. FATTAH. Mr. Speaker, I rise today to SALAS honor Pennsylvania State Representative Wednesday, February 15, 2006 Frank L. Oliver, for his outstanding service and invaluable dedication to the people of the Mr. RUPPERSBERGER. Mr. Speaker, Mr. HON. GWEN MOORE 195th Legislative District of the State of Penn- OF WISCONSIN COBLE, Mr. BROWN of South Carolina, and I sylvania. IN THE HOUSE OF REPRESENTATIVES would ask that you join us today in congratu- Representative Oliver, a lifelong Philadel- Wednesday, February 15, 2006 lating Vice Admiral Thad Allen in his nomina- phian, began his tenure in the State House in tion for the post of Commandant. 1973. He serves on the Agricultural and Rural Ms. MOORE of Wisconsin. Mr. Speaker, I Mr. Speaker, on September 11, 2001 the Affairs Committee, the Democratic Policy rise today to recognize the extraordinary ac- Committee, and most notably, as Chairman of complishments and contributions of a leader in United States of America experienced the greatest terrorist attack to ever reach U.S. soil. the Health and Human Services Committee, a the Fourth Congressional District. Mr. Jesus post he has held since 1995. As Chairman, he We were not prepared for such a horrific Salas retired in December 2005, concluding has overseen proposed regulations of the an 18-year teaching career at Milwaukee Area event, as we never imagined terrorists would Pennsylvania Departments of Health and Pub- Technical College, MATC. Though his teach- take such drastic measures. lic Welfare, and the Healthcare Cost Contain- ing career has ended, he will no doubt con- While we’ve always been a strong nation ment Council. tinue his life’s work advancing the cause of with resilient leaders, the post 9–11 world we Most recently, Mr. Oliver recommended a civil rights and justice. live in has taught the American citizens that study on ways to improve urban public health, A noted pioneer in the fight for civil rights, specifically investigating the lack of super- Mr. Salas participated in a series of landmark we must be prepared for the unknown. The people who lead this country must be amongst markets in urban areas. Within months of the actions in the 1960s. Together with Father study’s completion, the General Assembly the elite. It has been challenging to restore the Groppi, Mr. Salas helped organize the Welfare passed, and Governor Rendell signed into Rights March in downtown Milwaukee, and confidence Americans have in their leaders law, an economic stimulus package that will was a leader in the landmark march from Mil- since that attack. As elected officials it has provide financial assistance to urban and rural waukee to the State capitol in Madison. He been our duty and privilege to protect and up- supermarkets in underserved areas. Pennsyl- was part of a multi-racial group of civil rights hold the safety and the ideals of our citizens. vania is the first state to create a statewide leaders who together protested segregated We must be diligent in choosing people to supermarket-directed development program of housing, pushed for greater worker protections manage this Country. this kind. and demanded greater access to education for The White House announced that the Coast Also notable in his legislative career is Mr. people of color. Oliver’s ‘‘Healthier Women Today for a Better Guard’s Chief of Staff, Vice Admiral Thad Mr. Salas has exhibited a profound commit- Tomorrow’’ initiative. The plan calls for expan- ment to the rights of migrant workers. He Allen was nominated for the Commandant sion of family leave, strengthening of domestic pushed for enforcement of laws that would Post. At this time, we ask that our colleagues violence laws, funding for community outreach protect migrant workers from exploitative con- join with us in congratulating him on this nomi- to at-risk families with young children, and pro- ditions, including low wages, unhealthy work- nation. viding access to treatment options for breast ing conditions and poor housing. As the found- Vice Admiral Thad Allen is known for his and cervical cancer. er of Obreros Unidos, Mr. Salas led the first Representative Oliver’s extensive legislative sustained effort at unionizing migrant workers loyalty, hard work, and dedication to his post. The American people can be proud to have accomplishments are a testament to his un- in the Great Lakes region, and he served as wavering commitment to the causes of the this man working for them. He first showed his the first Hispanic executive director of United residents of the City of Philadelphia and the Migrant Opportunity Services, Inc. distinct leadership skills as he led Atlantic State of Pennsylvania. For that reason I am Furthermore, Mr. Salas is a staunch advo- services in the Coast Guard’s reaction to the proud to recognize his accomplishments here cate for education. He fought to improve ac- September 11th attacks. Then, just last year in the United States House of Representa- cess to college education for Hispanic youth, we watched with anticipation as he replaced tives. while also demanding that educational institu- FEMA Director, Michael Brown. His strength f tions provide curricula that reflect the history as a leader changed the dynamic of the relief and accomplishments of the Hispanic commu- HONORING ST. MARGARET OF efforts, helping to ensure our citizens received nity. As a result of his efforts, the University of SCOTLAND CATHOLIC CHURCH the assistance they sought. Wisconsin-Madison created a Chicano studies ON THE OCCASION OF ITS 100TH program, the Milwaukee Area Technical Col- Vice Admiral Thad Allen restored the faith YEAR lege instituted a bilingual education program, the American people so desperately needed in and the University of Wisconsin-Milwaukee a leader. Without a doubt, he is revered for his HON. JO BONNER created the Spanish Speaking Outreach Insti- work after the Hurricane Katrina disaster. We OF ALABAMA tute—now the Roberto Hernandez Center—to are confident he will not disappoint with the IN THE HOUSE OF REPRESENTATIVES recruit, advise and support Hispanic students. Commandant Post. He has served as the Wednesday, February 15, 2006 Generations of Hispanic leaders to come will Chief of Staff and Commanding Officer at the be able to thank Mr. Salas for working to en- Mr. BONNER. Mr. Speaker, today I rise to G.G. Headquarters, Commander of Atlantic sure the increased educational opportunities pay tribute to St. Margaret of Scotland Catho- they will enjoy. Area, and Commander of the Fifth and Sev- lic Church on the occasion of its 100th year. I know Mr. Salas will continue to identify enth Coast Guard Districts. St. Margaret of Scotland Catholic Church and advocate for educational innovations in Mr. Speaker, we ask that you join with us has been a vital partner of the city of Foley his role as a member of the University of Wis- today in congratulations to Vice Admiral Thad and the state of Alabama. The church was consin Board of Regents. Along with members Allen for his nomination to the Commandant founded in 1906, and for a century, this con- of the Fourth Congressional District’s Hispanic Post. A man of his caliber is truly an inspira- gregation has been worshipping God and community, I extend to him my heartfelt con- tion. serving the people of south Alabama. gratulations and wish him all the best in his fu- The congregation of St. Margaret of Scot- ture endeavors. land Catholic Church has used its resources

VerDate Aug 31 2005 04:56 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.069 E15FEPT1 ycherry on PROD1PC64 with REMARKS E174 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2006 and opportunities to provide hope, comfort, in- CONGRATULATING MR. GARY CONGRATULATING MR. DAN struction, and inspiration to so many along the DENICK ON THE OCCASION OF HORNAK ON THE OCCASION OF Gulf Coast. Over the past two years, this par- HIS RETIREMENT HIS RETIREMENT ish has responded to the needs of the victims of Hurricanes Ivan and Katrina, including pro- HON. JO BONNER HON. JO BONNER viding temporary housing, utilities and food for OF ALABAMA OF ALABAMA six evacuated families. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES St. Margaret of Scotland Catholic Church Wednesday, February 15, 2006 Wednesday, February 15, 2006 has lovingly served the people of Foley Mr. BONNER. Mr. Speaker, it is with great Mr. BONNER. Mr. Speaker, it is with great through its contributions to Catholic Social pride and pleasure that I rise to honor Mr. pride and pleasure that I rise to honor Mr. Dan Services for Baldwin County, Relay for Life, Gary Denick on the occasion of his retirement and Foley Alcoholics Anonymous. after serving the U.S. House of Representa- Hornak on tHe occasion of his retirement after serving the U.S. House of Representatives for It is my sincere hope that the St. Margaret tives for 28 years. 20 years. of Scotland Catholic Church will continue to be Mr. Denick joined the production staff of the From an elementary school teacher, to a such a source of inspiration, hope, and com- House Recording Studio as a camera operator sheriff’s deputy, to a television news camera- fort to the people of Foley for another 100 in 1978. He rose to production director and man, there is not much that Dan Hornak has years, and I rise today to salute this congrega- became director in 2002. Mr. Denick was even not tried. He joined the House Recording Stu- tion and the many contributions they have part of the history making crew that provided the first floor coverage of House proceedings. dio staff in 1986 as a camera operator and made toward the betterment of south Ala- rose to the position of television director. Over bama. Mr. Denick began his career in 1972 as a soldier in the U.S. Army after graduating from the course of his two decades with the House Miami University of Ohio. He was trained as a Recording Studio, countless members and f television specialist, served a tour of duty in their staffs have come to know Dan and call him a friend, me included. PERSONAL EXPLANATION the Republic of Korea and was honorably dis- charged in 1975. Over the course of his nearly In the midst of his professional schedule, three decades with the House Recording Stu- Dan also found time to discover, restore, and dio, countless members and their staffs have return a stolen oil portrait to Italy. Among his HON. BARBARA LEE come to know Gary and call him a friend, me many goals for retirement, Dan includes writ- OF CALIFORNIA included. ing a book about returning this stolen portrait. Mr. Speaker, I ask my colleagues to join me Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES in congratulating a dedicated professional and in congratulating a dedicated professional and Wednesday, February 15, 2006 friend to many throughout this body. I know friend to many throughout this body. I know Mr. Denick’s colleagues, his family, and his Mr. Hornak’s colleagues, his family, and his Ms. LEE. Mr. Speaker, on Tuesday, Feb- many friends join with me in praising his ac- many friends join with me in praising his ac- ruary 14, 2006 due to urgent personal matters complishments and extending thanks for his complishments and extending thanks for his I missed Rollcall votes Nos. 8 and 9. Had I many efforts over the years on behalf of the many efforts over the years on behalf of the been present, I would have voted ‘‘aye’’ on H. House Recording Studio and the U.S. House House Recording Studio and the U.S. House Con. Res. 322 and S. 1989. of Representatives. of Representatives.

VerDate Aug 31 2005 05:11 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.073 E15FEPT1 ycherry on PROD1PC64 with REMARKS February 15, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E175 SENATE COMMITTEE MEETINGS of the Northern Mariana Islands, and MARCH 9 Title IV of Senate Resolution 4, the United States Virgin Islands. 10 a.m. agreed to by the Senate on February 4, SD–366 Commerce, Science, and Transportation 10:30 a.m. 1977, calls for establishment of a sys- To hold hearings to examine aviation se- Appropriations curity and the Transportation Security tem for a computerized schedule of all Legislative Branch Subcommittee meetings and hearings of Senate com- Administration. To hold hearings to examine proposed SD–562 mittees, subcommittees, joint commit- budget estimates for fiscal year 2007 for tees, and committees of conference. the Library of Congress, Open World MARCH 13 This title requires all such committees Leadership Council, and Government 3 p.m. to notify the Office of the Senate Daily Accountability Office. Armed Services Digest—designated by the Rules Com- SD–138 To hold a closed briefing on an update mittee—of the time, place, and purpose 2:30 p.m. from the Joint Improvised Explosive Commerce, Science, and Transportation of the meetings, when scheduled, and Device Defeat Organization. Disaster Prevention and Prediction Sub- any cancellations or changes in the SR–222 meetings as they occur. committee As an additional procedure along To hold hearings to examine winter MARCH 14 with the computerization of this infor- storms. 9:30 a.m. mation, the Office of the Senate Daily SD–562 Energy and Natural Resources Armed Services Digest will prepare this information for To hold hearings to examine military printing in the Extensions of Remarks Public Lands and Forests Subcommittee To hold hearings to examine the role of strategy and operational requirements section of the CONGRESSIONAL RECORD in review of the Defense Authorization on Monday and Wednesday of each the Forest Service and other Federal agencies in protecting the health and Request for fiscal year 2007 and the fu- week. ture years defense program. Meetings scheduled for Thursday, welfare of foreign guest workers car- rying out tree planting and other serv- SH–216 February 16, 2006 may be found in the ice contracts on National Health Sys- 10 a.m. Daily Digest of today’s RECORD. tem lands, and to consider related For- Commerce, Science, and Transportation MEETINGS SCHEDULED est Service guidance and contract To hold hearings to examine wireless modifications issued in recent weeks. issues spectrum reform. SD–106 FEBRUARY 28 SD–366 3 p.m. 2:30 p.m. 9:30 a.m. Health, Education, Labor, and Pensions Commerce, Science, and Transportation Armed Services To hold hearings to examine Wall Street To hold hearings to examine current and To hold hearings to examine reauthoriza- tion of the Ryan White CARE Act re- perspective on telecom. future worldwide threats to the na- SD–106 tional security of the United States; to lating to fighting the AIDS epidemic of today. be followed by a closed session in SH– MARCH 15 219. SD–430 SH–216 10:30 a.m. Indian Affairs MARCH 2 Appropriations To hold oversight hearings to examine 10 a.m. Legislative Branch Subcommittee Indian gaming activities. Commerce, Science, and Transportation To hold hearings to examine proposed SR–485 To hold hearings to examine voice over budget estimates for fiscal year 2007 for 10 a.m. Internet protocol. the Secretary of the Senate, Architect Commerce, Science, and Transportation SD–562 of the Capitol, and the Capitol Visitor To hold hearings to examine USF con- Center. tribution. MARCH 7 SD–138 SD–562 Energy and Natural Resources 9:30 a.m. MARCH 16 To hold hearings to examine the Presi- Armed Services 9:30 a.m. dent’s proposed budget request for fis- To hold hearings to examine military Armed Services cal year 2007 for the Forest Service. strategy and operational requirements To hold hearings to examine military SD–366 in review of the Defense Authorization 2 p.m. Request for fiscal year 2007 and the fu- strategy and operational requirements Veterans’ Affairs ture years defense program. in review of the defense authorization To hold hearings to examine legislative SD–106 request for fiscal year 2007 and the fu- presentation of the Disabled American 10 a.m. ture years defense program; to be fol- Veterans. Commerce, Science, and Transportation lowed by a closed session in SH–219. SH–216 To hold hearings to examine rural SH–216 2:30 p.m. telecom. 10 a.m. Commerce, Science, and Transportation SD–562 Commerce, Science, and Transportation To hold hearings to examine USF dis- 2:45 p.m. Disaster Prevention and Prediction Sub- tribution. Armed Services committee SD–562 Strategic Forces Subcommittee To hold hearings to examine impacts on Energy and Natural Resources To hold hearings to examine the nuclear aviation regarding volcanic hazards. Water and Power Subcommittee SD–562 To hold hearings to examine the Bureau weapons and defense environmental cleanup activities of the Department of of Reclamation Reuse and Recycling MARCH 28 Program (Title XVI of Public Law 102– Energy in review of the defense author- 10 a.m. 575). ization request for fiscal year 2007 and SD–366 the future years nuclear security pro- Commerce, Science, and Transportation gram. Aviation Subcommittee MARCH 1 SR–232A To hold hearings to examine Federal Aviation Administration budget and 9:30 a.m. the long term viability of the Aviation Indian Affairs MARCH 8 To hold joint hearings with the House 2:30 p.m. Trust Fund. Committee on Resources to examine Armed Services SD–562 the settlement of Cobell v. Norton. To hold hearings to examine the Depart- 2:30 p.m. SH–216 ment of Defense quadrennial defense Commerce, Science, and Transportation 10 a.m. review; to be followed by a closed ses- National Ocean Policy Study Sub- Energy and Natural Resources sion in SR–222. committee To hold an oversight hearing to examine SH–216 To hold hearings to examine offshore the state of the economies and fiscal aquaculture. affairs in the Territories of Guam, SD–562 American Samoa, the Commonwealth

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VerDate Aug 31 2005 05:11 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\M15FE8.000 E15FEPT1 ycherry on PROD1PC64 with REMARKS Wednesday, February 15, 2006 Daily Digest Senate ate proceed to a vote on the bill with no intervening Chamber Action action or debate. Page S1344 Routine Proceedings, pages S1321–S1373 A unanimous-consent agreement was reached pro- Measures Introduced: Six bills and one resolution viding for further consideration of the motion to were introduced, as follows: S. 2287–2292, and S.J. proceed to consideration of the bill at approximately Res. 31. Page S1353 10 a.m., on Thursday, February 16, 2006, with the time equally divided until 10:30 a.m. Page S1372 Measures Passed: Messages From the House: Page S1351 Stop Counterfeiting in Manufactured Goods Act: Committee on the Judiciary was discharged Measures Referred: Page S1351 from further consideration of H.R. 32, to amend Measures Placed on Calendar: Page S1351 title 18, United States Code, to provide criminal Executive Communications: Page S1351 penalties for trafficking in counterfeit marks, and the Petitions and Memorials: Pages S1351–52 bill was then passed, after agreeing to the following amendment proposed thereto: Pages S1367–70 Executive Reports of Committees: Pages S1352–53 Frist (for Specter) Amendment No. 2889, in the Additional Cosponsors: Pages S1353–54 nature of a substitute. Page S1369 Statements on Introduced Bills/Resolutions: Katrina Emergency Assistance Act: Senate passed Pages S1354–65 S. 1777, to provide relief for the victims of Hurri- Additional Statements: Pages S1349–51 cane Katrina, after agreeing to the following amend- Amendments Submitted: Pages S1365–66 ment proposed thereto: Pages S1371–72 Frist (for Collins) Amendment No. 2890, in the Notices of Hearings/Meetings: Page S1366 nature of a substitute. Page S1371 Authorities for Committees to Meet: USA PATRIOT Act Additional Reauthorizing Pages S1366–67 Amendments Act: Senate continued consideration Privileges of the Floor: Page S1367 of the motion to proceed to consideration of S. 2271, Adjournment: Senate convened at 9:30 a.m., and to clarify that individuals who receive FISA orders adjourned at 7:50 p.m., until 9:30 a.m., on Thurs- can challenge nondisclosure requirements, that indi- day, February 16, 2006. (For Senate’s program, see viduals who receive national security letters are not the remarks of the Majority Leader in today’s Record required to disclose the name of their attorney, that on pages S1372–73.) libraries are not wire or electronic communication service providers unless they provide specific services. Pages S1325–44 Committee Meetings A unanimous-consent agreement was reached pro- viding that the cloture vote on the pending motion (Committees not listed did not meet) to proceed to consideration of the bill occur at 10:30 a.m. on Thursday, February 16, 2006, that if cloture CAPITOL VISITOR CENTER is invoked, notwithstanding Rule 22, Senate proceed Committee on Appropriations: Subcommittee on Legisla- immediately to the bill, that if a cloture motion is tive Branch resumed hearings to examine the filed on the bill during Thursday’s session, then that progress of Capitol Visitor Center construction, re- cloture vote occur at 2:30 p.m. on Tuesday, February ceiving testimony from Alan M. Hantman, Archi- 28, 2006; provided further, that if cloture is invoked tect, and Robert C. Hixon, Jr., Capitol Visitor Cen- on the bill, then at 10 a.m., on Wednesday, March ter Project Manager, both of the Office of the Archi- 1, 2006, the bill be read a third time, and the Sen- tect of the Capitol; and Bernard L. Ungar, Director, D101

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and Terrell Dorn, Assistant Director, both of Phys- VIDEO FRANCHISING ical Infrastructure Issues, Government Accountability Committee on Commerce, Science, and Transportation: Office. Committee concluded a hearing to examine issues re- Hearings will continue on Wednesday, April 26, lating to video franchising, and competition in the 2006. video marketplace, after receiving testimony from NOMINATIONS Representative Blackburn; Ivan Seidenberg, Verizon, Committee on Armed Services: Committee concluded a New York, New York; Edward E. Whitacre, Jr., hearing to examine the nominations of Preston M. AT&T, Anthony T. Riddle, Alliance For Commu- Geren, of Texas, to be Under Secretary of the Army, nity Media, Gene Kimmelman, Consumers Union, who was introduced by Senators Hutchison and on behalf of Consumer Federation of America and Cornyn, Michael L. Dominguez, of Virginia, to be Free Press, and Gigi B. Sohn, Public Knowledge, all Deputy Under Secretary of Defense for Personnel and of Washington, D.C.; Thomas M. Rutledge, Cable- Readiness, who was introduced by Senator Allard, vision Systems Corporation, Bethpage, New York; James I. Finley, of Minnesota, to be Deputy Under Lori Panzino-Tillery, National Association of Tele- Secretary of Defense for Acquisition and Technology, communications Officers and Advisors, San who was introduced by Senator Dayton, and Thomas Bernardino, California, on behalf of National League P. D’Agostino, of Maryland, to be Deputy Adminis- of Cities, United States Conference of Mayors, Na- trator for Defense Programs, National Nuclear Secu- tional Association of Counties, Government Finance rity Administration, after the nominees testified and Officers Association and Telecommunity; and Brad answered questions in their own behalf. A. Evans, Cavalier Telephone, Richmond, Virginia. HURRICANE KATRINA REBUILDING NANOTECHNOLOGY Committee on Banking, Housing, and Urban Affairs: Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine rebuild- Committee concluded a hearing to examine develop- ing needs in Hurricane Katrina-impacted areas, fo- ments in nanotechnology, the science and technology cusing on the Federal response to the hurricanes in of building electronic circuits and devices from sin- the Gulf of Mexico, including ongoing efforts to as- gle atoms and molecules, focusing on national prior- sist affected families and individuals in finding both ities and agency missions, and moving closer to short-term and permanent housing, and the overall achieving societal goals in areas such as healthcare, progress of the recovery efforts in the five affected energy, security, and quality of life, after receiving states, after receiving testimony from Senators testimony from E. Clayton Teague, Director, Na- Landrieu and Vitter; Representative Baker; Alphonso tional Nanotechnology Coordination Office; Richard R. Jackson, Secretary of Housing and Urban Devel- O. Buckius, Acting Assistant Director for Engineer- opment; Donald E. Powell, Federal Coordinator, Of- ing, National Science Foundation; Jeffery Schloss, fice for Gulf Coast Rebuilding, and David Garratt, Division of Extramural Research, National Human Acting Director of Recovery, Federal Emergency Genome Research Institute, and Co-Chair, National Management Agency, both of the Department of Institutes of Health Nanomedicine Roadmap Initia- Homeland Security; Martin J. Gruenberg, Acting tive, Department of Health and Human Services; Chairman, Federal Deposit Insurance Corporation; Mark E. Davis, California Institute of Technology, and Herbert Mitchell, Associate Administrator for Pasadena, on behalf of City of Hope; J. Clarence Da- Disaster Assistance, Small Business Administration. vies, Woodrow Wilson International Center for FEDERAL TAX GAP Scholars, Washington, D.C.; Timothy Swager, Mas- Committee on the Budget: Committee concluded a hear- sachusetts Institute of Technology, Cambridge; Alan ing to examine the causes and solutions to address- Gotcher, Altair Nanotechnologies, Inc., Reno, Ne- ing the Federal tax gap, focusing on making signifi- vada; Todd L. Hylton, Science Applications Inter- cant progress in improving tax compliance which national Corporation, McLean, Virginia; and Bryant rests on enhancing current Internal Revenue Service R. Linares, Apollo Diamond, Inc., Ashland, Massa- techniques and adopting new legislative actions, chusetts. after receiving testimony from Mark W. Everson, Commissioner, and Nina E. Olson, National Tax- PACE-ENERGY ACT payer Advocate, Taxpayer Advocate Service, both of Committee on Energy and Natural Resources: Committee the Internal Revenue Service, Department of the concluded a hearing to examine S. 2197, to improve Treasury; and David M. Walker, Comptroller Gen- the global competitiveness of the United States in eral of the United States, Government Account- science and energy technology, to strengthen basic ability Office. research programs at the Department of Energy, and

VerDate Aug 31 2005 04:17 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE6.REC D15FEPT1 ycherry on PROD1PC64 with DIGEST February 15, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D103 to provide support for mathematics and science edu- McMurray, of Virginia, to be Assistant Secretary of cation at all levels through the resources available State for Oceans and International Environmental through the Department of Energy, including at the and Scientific Affairs, Bradford R. Higgins, of Con- National Laboratories, after receiving testimony from necticut, to be Assistant Secretary for Resource Man- Raymond L. Orbach, Director of the Office of agement and Chief Financial Officer, Department of Science, Department of Energy; Charles M. Vest, State, Jackie Wolcott Sanders, of Virginia, to be U.S. Massachusetts Institute of Technology, Cambridge; Alternate Representative for Special Political Affairs and Luis M. Proenza, University of Akron, Akron, in the United Nations, with the rank of Ambas- Ohio. sador, and to be U.S. Alternate Representative to the FIRE RETARDANT AIRCRAFT Sessions of the General Assembly of the United Na- tions during her tenure of service as U.S. Alternate Committee on Energy and Natural Resources: Sub- Representative for Special Political Affairs in the committee on Public Lands and Forests concluded an United Nations, Janet Ann Sanderson, of Arizona, to oversight hearing to review the progress made on the be Ambassador to the Republic of Haiti, Bernadette development of interim and long-term plans for use Mary Allen, of Maryland, to be Ambassador to the of fire retardant aircraft in Federal wildfire suppres- Republic of Niger, Patricia Newton Moller, of Ar- sion operations, after receiving testimony from Mark kansas, to be Ambassador to the Republic of Bu- Rey, Under Secretary of Agriculture for Natural Re- rundi, Steven Alan Browning, of Texas, to be Am- sources and Environment; Nina Rose Hatfield, Dep- bassador to the Republic of Uganda, Robert uty Assistant Secretary of the Interior for Policy, Management and Budget; James Hall, Hall and As- Weisberg, of Maryland, to be Ambassador to the Re- sociates LLC, Washington, D.C.; and James B. Hull, public of Congo, Michael W. Michalak, of Michigan, Texas Forest Service, College Station, Texas, on be- for the rank of Ambassador during his tenure of half of the National Association of State Foresters. service as United States Senior Official to the Asia- Pacific Economic Cooperation Forum, Janice L. Ja- BUSINESS MEETING cobs, of Virginia, to be Ambassador to the Republic Committee on Environment and Public Works: Com- of Senegal, and to serve concurrently and without mittee ordered favorably reported the nominations of additional compensation as Ambassador to the Re- Terrence L. Bracy, of Virginia, to be a Member of public of Guinea-Bissau, Jeanine E. Jackson, of Wy- the Board of Trustees of the Morris K. Udall Schol- oming, to be Ambassador to Burkina Faso, James D. arship and Excellence in National Environmental McGee, of Florida, to serve concurrently and without Policy Foundation, Dennis Bottorff, of Tennessee, additional compensation as Ambassador to the Union Robert M. Duncan, of Kentucky, Susan Richardson of Comoros; Kristie A. Kenney, of Virginia, to be Williams, of Tennessee, William B. Sansom, of Ten- Ambassador to the Republic of the Philippines, Gary nessee, Howard A. Thrailkill, of Alabama, and Don- A. Grappo, of Virginia, to be Ambassador to the ald R. DePriest, of Mississippi, all to be Members Sultanate of Oman, Patricia A. Butenis, of Virginia, of the Board of Directors of the Tennessee Valley to be Ambassador to the People’s Republic of Ban- Authority. gladesh, Donald T. Bliss, of Maryland, for the rank of Ambassador during his tenure of service as U.S. BUDGET: EPA Representative on the Council of the International Committee on Environment and Public Works: Com- Civil Aviation Organization, Ben S. Bernanke, of mittee concluded a hearing to examine the Presi- New Jersey, to be United States Alternate Governor dent’s proposed budget request for fiscal year 2007 of the International Monetary Fund; and 2 Foreign for the Environmental Protection Agency, after re- Service Officer promotion lists. ceiving testimony from Stephen L. Johnson, Admin- istrator, Environmental Protection Agency. HURRICANE KATRINA BUDGET: FOREIGN AFFAIRS Committee on Homeland Security and Governmental Af- Committee on Foreign Relations: Committee concluded fairs: Committee held a hearing to examine Hurri- a hearing to examine the President’s proposed budg- cane Katrina response issues, focusing on the Home- et request for fiscal year 2007 for foreign affairs, land Security Department’s preparation and response, after receiving testimony from Condoleezza Rice, boosting state capabilities, the Federal Management Secretary of State. Agency (FEMA), debris removal, and enhancing communications between Federal and state govern- BUSINESS MEETING ment agencies, receiving testimony from Michael Committee on Foreign Relations: Committee ordered fa- Chertoff, Secretary of Homeland Security. vorably reported the nominations of Claudia A. Hearing recessed subject to the call.

VerDate Aug 31 2005 04:17 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE6.REC D15FEPT1 ycherry on PROD1PC64 with DIGEST D104 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2006 MINE SAFETY TECHNOLOGY NOMINATIONS Committee on Health, Education, Labor, and Pensions: Committee on the Judiciary: Committee concluded a Subcommittee on Employment and Workplace Safe- hearing to examine the nominations of Stephen G. ty met to discuss communication and mine safety Larson, to be United States District Judge for the technology issues, receiving testimony from Starnes Central District of California, who was introduced by Walker, Technical Director, Office of Naval Re- Senator Feinstein, Jack Zouhary, to be United States search, U.S. Navy; Bob Campman, Grace Industries, District Judge for the Northern District of Ohio, Fredonia, Pennsylvania; Pat Droppleman, Ocenco who was introduced by Senator DeWine, and John Corporation, Pleasant Prairie, Wisconsin; R. Larry F. Clark, of Virginia, to be Director of the United Grayson, University of Missouri-Rolla Department of States Marshals Service, Department of Justice, who Mining and Nuclear Engineering, Rolla; Wes was introduced by Senators Warner and Allen, after Kenneweg, Draeger Industries, Pittsburgh, Pennsyl- the nominees testified and answered questions in vania; Roy Nutter, West Virginia University College their own behalf. of Engineering and Mineral Resources, Morgantown; INTELLIGENCE Dennis O’Dell, UMWA, Fairfax, Virginia; Sam Select Committee on Intelligence: Committee met in Shearer, CSE Corporation, Monroeville, Pennsylvania; closed session to receive a briefing on certain intel- Gary Zamel, Mine Site Technologies Pty. Ltd, ligence matters from officials of the intelligence Artarmon, NSW, Australia. community. h House of Representatives Paying tribute to Shirley Horn in recognition of Chamber Action her many achievements and contributions to the Public Bills and Resolutions Introduced: 13 pub- world of jazz and American culture: H. Con. Res. lic bills, H.R.4754–4766; and 12 resolutions, H. 300, amended, to pay tribute to Shirley Horn in rec- Con. Res. 341–344; and H. Res. 678–685 were in- ognition of her many achievements and contributions troduced. Pages H332–33 to the world of jazz and American culture; Pages H288–90 Additional Cosponsors: Page H333 Reports Filed: Reports were filed today as follows: National Flood Insurance Program Enhanced Final Report of the Select Bipartisan Committee Borrowing Authority Act of 2006: S. 2275, amend- to Investigate the Preparation for and Response to ed, to temporarily increase the borrowing authority of the Federal Emergency Management Agency for Hurricane Katrina (H. Rept. 109–377). carrying out the national flood insurance program; Pages H331–32 and Pages H290–93 Suspensions: The House agreed to suspend the rules Making supplemental appropriations for fiscal and pass the following measures: year 2006 for the Small Business Administration’s Expressing the sense of Congress that no United disaster loans program: H.R. 4745, to make supple- States assistance should be provided directly to the mental appropriations for fiscal year 2006 for the Palestinian Authority if any representative polit- Small Business Administration’s disaster loans pro- ical party holding a majority of parliamentary gram, by a yea-and-nay vote of 410 yeas to 5 nays, seats within the Palestinian Authority maintains Roll No. 11. Pages H293–97, H298 a position calling for the destruction of Israel: S. Condemning the Government of Iran for vio- Con. Res. 79, to express the sense of Congress that lating its international nuclear nonproliferation no United States assistance should be provided di- obligations and expressing support for efforts to rectly to the Palestinian Authority if any representa- report Iran to the United Nations Security tive political party holding a majority of parliamen- Counsel—Order of Business: The House agreed by tary seats within the Palestinian Authority maintains unanimous consent that it should be in order at any a position calling for the destruction of Israel, by a time to consider H. Con. Res. 341, to condemn the yea-and-nay vote of 418 yeas to 1 nay, Roll No. 10; Government of Iran for violating its international Pages H280–88, H297–98 nuclear nonproliferation obligations and expressing

VerDate Aug 31 2005 04:17 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE6.REC D15FEPT1 ycherry on PROD1PC64 with DIGEST February 15, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D105 support for efforts to report Iran to the United Na- and Operations. Testimony was heard from Michael tions Security Counsel; that the concurrent resolution Chertoff, Secretary of Homeland Security. be considered as read; that the previous question be considered as ordered on the concurrent resolution INTERIOR, ENVIRONMENT, AND RELATED and preamble to final adoption without intervening AGENCIES APPROPRIATIONS motion or demand for division of the question ex- Committee on Appropriations: Subcommittee on Inte- cept one hour of debate equally divided and con- rior, Environment, and Related Agencies held an trolled by the chairman and ranking minority mem- oversight hearing on Woodrow Wilson International ber of the Committee on International Relations and Center for Scholars. Testimony was heard from Lee one motion to recommit which may not contain in- H. Hamilton, President and Director, Woodrow structions. Page H297 Wilson International Center for Scholars. Committee Elections: The House agreed to H. Res. MILITARY QUALITY OF LIFE, VETERANS 678, electing the following members to the fol- AFFAIRS AND RELATED AGENCIES lowing standing committees: Page H298 APPROPRIATIONS Committee on International Relations: Represent- ative Carnahan. Page H298 Committee on Appropriations: Subcommittee on Mili- Committee on Transportation and Infrastructure: tary Quality of Life, Veterans Affairs, and Related Representative Barrow. Page H298 Agencies held a hearing on DOD Budget Overview. Committee on Veterans Affairs: Representative Testimony was heard from the following officials of Salazar. Page H298 the Department of Defense: Tina W. Jonas, Under Secretary, Comptroller; and Philip W. Grone, Dep- Committee Election: The House agreed to H. Res. uty Under Secretary, Installations and Environment. 679, electing the following member to the following The Subcommittee also held a hearing on Quality standing committee: Page H300 of Life—Senior Enlisted. Testimony was heard from Committee on Education and the Workforce: Rep- the following officials of the Department of Defense: resentative McKeon, Chairman. Page H300 SMA Major Kenneth O. Prestion, U.S. Army; Sgt. Senate Message: Messages received from the Senate Major John L. Estrada, U.S. Marine Corps; Master by the Clerk and subsequently presented to the Chief Petty Officer Terry D. Scott, Submarines/Avia- House today appear on pages H312. tion Warfare, Department of the Navy; and Chief Referrals: S. 1777 was referred to the Committee on CMSgt. Gerald R. Murray, U.S. Air Force. Transportation and Infrastructure and in addition to NATIONAL DEFENSE AUTHORIZATION the Committee on the Judiciary. Page H330 BUDGET REQUEST DEPARTMENT OF THE Recess: The House recessed at 11:44 a.m. and re- ARMY convened at 5:46 p.m. Page H297 Committee on Armed Services: Held a hearing on the Quorum Calls—Votes: Two yea-and-nay votes de- Fiscal Year 2007 National Defense Authorization veloped during the proceedings of today and appear budget request from the Department of the Army. on pages H297 and H298. There were no quorum Testimony was heard from the following officials of calls. the Department of the Army: Francis J. Harvey, Sec- Adjournment: The House met at 10 a.m. and ad- retary; and GEN Peter Schoomaker, USA, Chief of journed at 11:20 p.m. Staff. ABLE DANGER PROGRAM Committee Meetings Committee on Armed Services: Subcommittee on Stra- AGRICULTURE, RURAL DEVELOPMENT, tegic Forces and the Subcommittee on Terrorism, FDA, AND RELATED AGENCIES Unconventional Threats and Capabilities held a joint APPROPRIATIONS hearing on the Able Danger program. Testimony Committee on Appropriations: Subcommittee on Agri- was heard from Stephen Cambone, Under Secretary, culture, Rural Development, Food and Drug Admin- Intelligence, Department of Defense; and public wit- istration, and Related Agencies held a hearing on nesses. USDA. Testimony was heard from Mike Johanns, DOMESTIC ENTITLEMENTS AND THE Secretary of Agriculture. FEDERAL BUDGET HOMELAND SECURITY APPROPRIATIONS Committee on the Budget: Held a hearing on Domestic Committee on Appropriations: Subcommittee on Home- Entitlements and the Federal Budget. Testimony was land Security held a hearing on DHS Management heard from David M. Walker, Comptroller General,

VerDate Aug 31 2005 04:17 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE6.REC D15FEPT1 ycherry on PROD1PC64 with DIGEST D106 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2006 GAO; Douglas J. Holtz-Eakin, former Director, INTEROPERABLE COMMUNICATIONS CBO; and a public witness. Committee on Homeland Security: Subcommittee on Emergency Preparedness, Science, and Technology HEALTH CARE PRIORITIES FISCAL YEAR held a hearing entitled ‘‘The State of Interoperable 2007 Communications: Perspectives from the Field.’’ Tes- Committee on Energy and Commerce: Held a hearing en- timony was heard from public witnesses. titled ‘‘The Administration’s FY ’07 Health Care HOMELAND SECURITY BUDGET Priorities.’’ Testimony was heard from Michael O. Leavitt, Secretary of Health and Human Services. Committee on Homeland Security: Subcommittee on In- telligence, Information Sharing, and Terrorism Risk INTERCHANGE FEES—LAW AND Assessment held a hearing entitled ‘‘The President’s ECONOMICS Proposed FY07 Budget for the Department of Committee on Energy and Commerce: Subcommittee on Homeland Security: The Office of Intelligence and Commerce, Trade, and Consumer Protection held a Analysis.’’ Testimony was heard from the following hearing entitled ‘‘The Law and Economics of Inter- officials of the Department of Homeland Security: change Fees.’’ Testimony was heard from public wit- Charlie E. Allen, Chief Intelligence Officer; and nesses. Mary V. Connell, Deputy Assistant Secretary, Intel- ligence and Analysis. MONETARY POLICY REPORT INTERNET IN CHINA Committee on Financial Services: Held a hearing to re- Committee on International Relations: Subcommittee on ceive the Federal Reserve Board’s semiannual mone- Africa, Global Human Rights and International Op- tary policy report. Testimony was heard from Ben S. erations and the Subcommittee on Asia and the Pa- Bernanke, Chairman, Board of Governors, Federal cific held a joint hearing entitled ‘‘The Internet in Reserve System. China: A Tool for Freedom or Suppression?’’ Testi- mony was heard from the following officials of the METHYL BROMIDE EXEMPTION PROCESS Department of State: James Keith, Senior Advisor Committee on Government Reform: Subcommittee on for China and Mongolia, Bureau of East Asian and Energy and Resources held a hearing entitled ‘‘Meth- Pacific Affairs; and David Gross, Deputy Assistant yl Bromide: Are U.S. Interests Being Served by the Secretary, International Communications and Infor- Critical User Exemption Process?’’ Testimony was mation Policy, Bureau of Economic and Business Af- heard from William Wehrum, Acting Assistant Ad- fairs; and public witnesses. ministrator, Air and Radiation, EPA; and public RESOLUTIONS OF INQUIRY; FINANCIAL witnesses. SERVICES REGULATORY RELIEF ACT PUBLIC HOUSING SYSTEM Committee on the Judiciary: Ordered reported the fol- lowing measures: H. Res. 643, adversely, Directing Committee on Government Reform: Subcommittee on the Attorney General to submit to the House of Federalism and the Census, hearing entitled ‘‘Living Representatives all documents in the possession of in America: Is Our Public Housing System Up to the Attorney General relating to warrantless elec- the Challenges of the 21st Century?’’ Testimony was tronic surveillance of telephone conversations and heard from David G. Wood, Director, Financial electronic communications of persons in the United Markets and Community Investments, GAO; the fol- States conducted by the National Security Agency; lowing former officials of the Department of Hous- H. Res. 644, adversely, Requesting the President ing and Urban Development: Henry Cisneros, Sec- and directing the Attorney General to transmit to retary; and Rod Solomon, Deputy Assistant Secretary the House of Representatives not later than 14 days for Policy; and public witnesses. after the date of the adoption of this resolution doc- MARITIME BORDER SECURITY BUDGET uments in the possession of those officials relating to the authorization of electronic surveillance of citizens Committee on Homeland Security: Subcommittee on of the United States without court approved war- Economic Security, Infrastructure Protection and rants; and H.R. 3505, Financial Services Regulatory Cybersecurity held a hearing entitled ‘‘The Presi- Relief Act of 2005. dent’s Fiscal Year Budget: Coast Guard Programs Impacting Maritime Border Security.’’ Testimony SECOND CHANCE ACT; AFT GUN SHOW was heard from ADM Thomas H. Collins, USCG, ENFORCEMENT Commandant, U.S. Coast Guard, Department of Committee on the Judiciary: Subcommittee on Crime, Homeland Security. Terrorism, and Homeland Security approved for full

VerDate Aug 31 2005 04:17 Feb 16, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE6.REC D15FEPT1 ycherry on PROD1PC64 with DIGEST February 15, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D107 Committee action H.R. 1704, Second Chance Act of VETERANS SERVICE ORGANIZATIONS 2005. Committee on Veterans’ Affairs: Held a hearing on an- The Subcommittee also held an oversight hearing nual legislative agenda, views and priorities for vet- on the Bureau of Alcohol, Tobacco, Firearms and Ex- erans organizations. Testimony was heard from rep- plosives (BATFE) Part 1: Gun Show Enforcement. resentatives of veterans organizations. Testimony was heard from public witnesses. Hearings continue tomorrow. OVERSIGHT—NATIONAL PARK SERVICE PRESIDENT’S BUDGET FISCAL YEAR 2007 FINANCIAL SUPPORT BUDGET VIEWS AND ESTIMATES Committee on Resources: Subcommittee on National Committee on Ways and Means: Continued hearings on Parks held an oversight hearing entitled ‘‘The Na- President Bush’s Budget proposals for fiscal year tional Park Service 2006 Draft Management Policies 2007. Testimony was heard from John W. Snow, and proposed changes to Director’s Order 21.’’ Testi- Secretary of the Treasury. mony was heard from Steve Martin, Deputy Direc- The Committee also approved Committee Budget tor, National Park Service, Department of the Inte- Views and Estimates for Fiscal Year 2007 for sub- rior; the following former officials of the Department mission to the Committee on the Budget. of the Interior: William Horn, Assistant Secretary, Fish and Wildlife and Parks; and Denis Galvin, U.S. TRADE AGENDA Deputy Director, National Park Service; and public Committee on Ways and Means: Held a hearing on witnesses. President Bush’s trade agenda. Testimony was heard from Robert J. Portman, U.S. Trade Representative. FEDERAL RESEARCH AND DEVELOPMENT BUDGET BRIEFING—INTELLIGENCE VALUE OF INTERROGATION Committee on Science: Held a hearing on An Overview of the Federal R&D Budget for Fiscal Year 2007. Permanent Select Committee on Intelligence: Sub- Testimony was heard from John Marburger III, Di- committee on Oversight met in executive session to rector, Office of Science and Technology Policy; receive a Briefing on The Intelligence Value of Inter- Samuel Bodman, Secretary of Energy; David Samp- rogation. The Subcommittee was briefed by depart- son, Deputy Secretary of Commerce; Arden Bement, mental witnesses. Director, NSF; and Charles McQuearty, Under Sec- retary, Science and Technology, Department of SELECT COMMITTEE REPORT Homeland Security. Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina: Ordered re- OVERSIGHT—COMMERCIAL JET FUEL ported ‘‘A Failure of Initiative,’’ the Final Report of COSTS the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina. Committee on Transportation and Infrastructure: Sub- committee on Aviation held an oversight hearing on f Commercial Jet Fuel Supply: Impact and Cost on the COMMITTEE MEETINGS FOR THURSDAY, U.S. Airline Industry. Testimony was heard from FEBRUARY 16, 2006 John D. Shages, Deputy Assistant Secretary, Office of Petroleum Reserves, Department of Energy; Mi- (Committee meetings are open unless otherwise indicated) chael A. Cirillo, Vice President, Systems Operations Senate Services, Air Traffic Organization, FAA, Department Committee on Armed Services: to hold hearings to examine of Transportation; and public witnesses. priorities and plans for the atomic energy defense activi- ties of the Department of Energy and to review the Presi- OVERSIGHT—BUDGET IMPACTS ON dent’s proposed budget request for fiscal year 2007 for TRANSPORTATION PROGRAMS atomic energy defense activities of the Department of En- Committee on Transportation and Infrastructure: Sub- ergy and the National Nuclear Security Administration, 9:30 a.m., SD–106. committee on Highways, Transit and Pipelines held Committee on Banking, Housing, and Urban Affairs: to an oversight hearing on How the FY 2007 Budget hold hearings to examine the semiannual monetary policy Proposal Impacts SAFETEA LU. Testimony was report to the Congress, 10 a.m., SD–538. heard from Phyllis Scheinberg, Assistant Secretary, Committee on the Budget: to resume hearings to examine Budget and Promotions, Department of Transpor- the President’s fiscal year 2007 budget proposal, 10 a.m., tation. SR–325.

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Committee on Commerce, Science, and Transportation: to Subcommittee on Defense, on Fiscal Year 2007 DOD hold hearings to examine NOAA budget, 2:30 p.m., Budget overview, 10 a.m., 2359 Rayburn. SD–562. Subcommittee on the Department of Labor, Health and Committee on Energy and Natural Resources: to hold hear- Human Services, Education, and Related Agencies, on ings to examine S. 2253, to require the Secretary of the Department of Labor Fiscal Year 2007 Budget, 10 a.m., Interior to offer the 181 Area of the Gulf of Mexico for 2358 Rayburn. oil and gas leasing, 10 a.m., SD–366. Subcommittee on Homeland Security, on Transpor- Subcommittee on National Parks, to hold hearings to tation Security Administration, 10 a.m., H–140 Capitol. examine S. 1870, to clarify the authorities for the use of Subcommittee on Science, the Departments of State, certain National Park Service properties within Golden Justice, and Commerce, and Related Agencies, on U.S. Gate National Recreation Area and San Francisco Mari- Trade Representative, 2 p.m., H–309 Capitol. time National Historical Park, S. 1913, to authorize the Committee on Armed Services, Subcommittee on Ter- Secretary of the Interior to lease a portion of the Dorothy rorism, Unconventional Threats and Capabilities, hearing Buell Memorial Visitor Center for use as a visitor center on Combating al Qaeda and the Militant Jihadist Threat, for the Indiana Dunes National Lakeshore, S. 1970, to 1 p.m., 2212 Rayburn. amend the National Trails System Act to update the fea- Committee on the Budget, hearing on the President’s Fis- sibility and suitability study originally prepared for the cal Year 2007 Discretionary Budget, Performance Evalua- Trail of Tears National Historic Trail and provide for the tions and Spending Trends, 10:30 a.m., 210 Cannon. inclusion of new trail segments, land components, and Committee on Energy and Commerce, to mark up H.R. campgrounds associated with that trail, H.R. 562, to au- 2829, Office of National Drug Control Policy Reauthor- thorize the Government of Ukraine to establish a memo- ization Act of 2005, 10 a.m., 2123 Rayburn. rial on Federal land in the District of Columbia to honor Committee on Financial Services, Subcommittee on Over- the victims of the manmade famine that occurred in sight and Investigations, hearing entitled ‘‘Weapons of Ukraine in 1932–1933, and H.R. 318, to authorize the Mass Destruction: Stopping the funding—OFAC Role,’’ Secretary of the Interior to study the suitability and feasi- 10 a.m., 2128 Rayburn. bility of designating Castle Nugent Farms located on St. Committee on Government Reform, Subcommittee on Croix, Virgin Islands, as a unit of the National Park Sys- Criminal Justice, Drug Policy and Human Resources, tem, 1:30 p.m., SD–366. hearing entitled ‘‘National Drug Control Budget for Fis- Full Committee, to hold hearings to examine the En- cal Year 2007, 2 p.m., 2154 Rayburn. ergy Information Administration’s 2006 annual energy Committee on Homeland Security, hearing entitled ‘‘The outlook on trends and issues affecting the United States’ President’s Proposed Fiscal Year 2007 Budget for the De- energy market, 2:30 p.m., SD–366. partment of Homeland Security: Maintaining Vigilance Committee on Finance: to hold hearings to examine the and Improving Mission Performance in Securing the Administration’s trade agenda for 2006, 10:30 a.m., Homeland,’’ 9:30 a.m., 311 Cannon. SD–215. Subcommittee on Economic Security, Infrastructure Committee on Foreign Relations: to hold hearings to exam- Protection and Cybersecurity, hearing entitled ‘‘The ine the nomination of Richard A. Boucher, of Maryland, President’s Proposed FY07 Budget: Risk-Based Spending to be Assistant Secretary of State for South Asian Affairs, at the Transportation Security Administration,’’ 2 p.m., 10 a.m., SD–419. 2261 Rayburn. Committee on Health, Education, Labor, and Pensions: to Subcommittee on Management, Integration, and Over- resume hearings to examine the role of education in glob- sight, to continue examination of the Integrated Surveil- al competitiveness, 10 a.m., SD–G50. lance Intelligence System with a hearing entitled ‘‘Mis- Committee on the Judiciary: business meeting to consider management of the Border Surveillance System and Les- pending calendar business, 9:30 a.m., SD–226. sons Learned for the New Border Initiative, Part 3,’’ fol- Committee on Veterans’ Affairs: lowing full Committee hearing, 311 Cannon. to hold hearings to exam- Committee on International Relations, hearing entitled ine the President’s proposed budget request for fiscal year ‘‘The International Affairs Budget Request for Fiscal Year 2007 for the Department of Veterans Affairs, 10:30 a.m., 2007,’’ 1:30 p.m., 2172 Rayburn. SR–418. Committee on the Judiciary, Subcommittee on Crime, Select Committee on Intelligence: closed business meeting Terrorism, and Homeland Security, oversight hearing on to consider intelligence matters, 2:30 p.m., SH–219. Victims and the Criminal Justice System: How to Pro- House tect, Compensate, and Vindicate the Interests of Victims, 10 a.m., 2141 Rayburn. Committee on Agriculture, to consider Committee Budget Committee on Resources, Subcommittee on Fisheries and Views and Estimates for Fiscal Year 2007 for submission Oceans, hearing on H.R. 4686, Multi-State and Inter- to the Committee on the Budget, 9 a.m., 1300 Long- national Fisheries Conservation and Management Act of worth. 2006, 10 a.m., 1324 Longworth. Committee on Appropriations, Subcommittee on Agri- Committee on Science, hearing on NASA’s Fiscal Year culture, Rural Development, Food and Drug Administra- 2007 Budget Proposal, 10 a.m., 2318 Rayburn. tion, and Related Agencies, on the FDA, 9:30 a.m., Committee on Transportation and Infrastructure, to consider 2362A Rayburn. the following: Committee Budget Views and Estimates

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for Fiscal Year 2007 for submission to the Committee on joint hearing on Social Security Number High-Risk the Budget; GSA Capital Investment and Leasing Pro- Issues, 11 a.m., 1100 Longworth. gram Resolutions; and other pending business, 12:30 Permanent Select Committee on Intelligence, executive, hear- p.m., followed by a hearing on Disasters and the Depart- ing on Director of National Intelligence: Annual Assess- ment of Homeland Security: Where Do We Go From ment of Threats, 9:30 a.m., H–405 Capitol. Here? 1:30 p.m., 2167 Rayburn. Subcommittee on Technical and Tactical Intelligence, Committee on Veterans’ Affairs, to continue hearings on executive, hearing on Future Imagery Architecture, 12:30 annual legislative agenda, views and priorities for veterans p.m., H–405 Capitol. organizations, 10:30 a.m., 334 Cannon. Subcommittee on Disability Assistance and Memorial Joint Meetings Affairs, oversight hearing on the VA’s Fiscal Year 2007 budget request for the compensation and pension business Joint Meetings: Joint Economic Committee, to hold lines, 2 p.m., 340 Cannon. hearings to examine the economic report of the President, Committee on Ways and Means, Subcommittee on Social 10:30 a.m., 2322 RHOB. Security and the Subcommittee on Oversight, to hold a

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 16 10 a.m., Thursday, February 16

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H. Con. Res. morning business (not to extend beyond 30 minutes), 341—A concurrent resolution condemning the Govern- Senate will continue consideration of the motion to pro- ment of Iran for violating its international nuclear non- ceed to consideration of S. 2271, USA PATRIOT Act proliferation obligations and expressing support for efforts Additional Reauthorizing Amendment Act, with a vote to report Iran to the United Nations Security Counsel. on the motion to invoke cloture on the motion to proceed to consideration of the bill to occur at 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E173 Moore, Gwen, Wisc., E173 Gibbons, Jim, Nev., E161 Pallone, Frank, Jr., N.J., E171 Blumenauer, Earl, Ore., E161, E167 Green, Al, Tex., E162 Porter, Jon C., Nev., E162 Bonner, Jo, Ala., E173, E174, E174 Hastings, Alcee L., Fla., E172 Rangel, Charles B., N.Y., E163, E164 Brady, Robert A., Pa., E163, E164, E166, E167 Herseth, Stephanie, S.D., E157, E158, E160 Ros-Lehtinen, Ileana, Fla., E167 Burton, Dan, Ind., E169 Kildee, Dale E., Mich., E171 Ruppersberger, C.A. Dutch, Md., E173 Christensen, Donna M., The Virgin Islands, E170 Kucinich, Dennis J., Ohio, E162, E168 Simmons, Rob, Conn., E161 Cooper, Jim, Tenn., E160 Lee, Barbara, Calif., E174 Costa, Jim, Calif., E163, E164, E170 Levin, Sander M., Mich., E171 Skelton, Ike, Mo., E157, E158, E160 Diaz-Balart, Lincoln, Fla., E157, E159 Lewis, Jerry, Calif., E161 Tauscher, Ellen O., Calif., E160 Duncan, John J., Jr., Tenn., E164, E166 McCollum, Betty, Minn., E163, E166, E172 Thompson, Mike, Calif., E167 Emanuel, Rahm, Ill., E160 McNulty, Michael R., N.Y., E162 Towns, Edolphus, N.Y., E158 Etheridge, Bob, N.C., E169 Meek, Kendrick B., Fla., E161 Udall, Mark, Colo., E157, E158 Faleomavaega, Eni F.H., American Samoa, E172 Moore, Dennis, Kans., E168 Woolsey, Lynn C., Calif., E161

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